5 C.F.R. § 212.401

Effect of competitive status on position

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

(b) Unless expressly stated otherwise in 5 CFR Chapter I, Subchapter A, an employee with competitive status at the time that his or her position is first listed in an excepted service schedule, or that the employee moved to a position in the excepted service, is no longer in the competitive service but retains competitive status.

[33 FR 12408, Sept. 4, 1968, as amended at 89 FR 25046, Apr. 9, 2024; 91 FR 5653, Feb. 6, 2026]
Notes of Decisions
Cited in 1 case, 1977–1977 · leading case: Shaposka v. United States, 215 Ct. Cl. 34 (Ct. Cl. 1977).
Shaposka v. United States, 215 Ct. Cl. 34 (Ct. Cl. 1977). “§ 7501 , in light of 5 C.F.R. § 212.401 (1973). Persons serving a probationary period are entitled only to the notice provisions of 5 C.”
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