5 C.F.R. § 359.405

Current through May 31, 2024
Section 359.405 - Removal: Reduction in force
(a)Coverage. This section covers the removal of a career appointee from the SES during the probationary period under a reduction in force.
(b)Basis for action. The appointee must have been identified for removal from the SES under competitive procedures established by the agency in accordance with the requirements of 5 U.S.C. 3595(a) . Removal action shall be taken under 5 U.S.C. 3592(a) .
(c)Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall state, as a minimum-
(1) Whether the appointee has placement rights under § 359.701 to a position outside the SES and, if so, the position to which the appointee will be assigned;
(2) The effective date of the action;
(3) The appointee's appeal rights, including the time limit for appeal and the location of the Merit System Protection Board office to which an appeal should be sent; and
(4) Such other information as may be required by OPM.

5 C.F.R. §359.405