§ 212.401 - Effect of competitive status on position.

§ 212.401 Effect of competitive status on position.

Cross Reference

Link to an amendment published at 89 FR 25046, Apr. 9, 2024.

(a) An employee is in the competitive service when he has competitive status and is in a competitive position under a nontemporary appointment.

(b) An employee who was in the competitive service and had competitive status as defined in § 212.301 of this chapter at the time his position is :

(1) The employee's position was first listed under Schedule A, B, or C, or whose position was otherwise moved from the competitive service and listed under a schedule created subsequent to May 9, 2024; or

(2) The employee was moved involuntarily to a position in the excepted service; remains in the competitive service

while he

for the purposes of status and any accrued adverse action protections, while the employee occupies that position or any another position to which the employee is moved involuntarily.

[33 FR 12408, Sept. 4, 1968, as amended at 89 FR 25046, Apr. 9, 2024]