The following time-in-grade restrictions must be met unless advancement is permitted by § 300.603(b) of this part:
(a) Advancement to positions at GS-12 and above. Candidates for advancement to a position at GS-12 and above must have completed a minimum of 52 weeks in positions no more than one grade lower (or equivalent) than the position to be filled.
(b) Advancement to positions at GS-6 through GS-11. Candidates for advancement to a position at GS-6 through GS-11 must have completed a minimum of 52 weeks in positions:
(1) No more than two grades lower (or equivalent) when the position to be filled is in a line of work properly classified at 2-grade intervals; or
(2) No more than one grade lower (or equivalent) when the position to be filled is in a line of work properly classified at 1-grade intervals; or
(3) No more than one or two grades lower (or equivalent), as determined by the agency, when the position to be filled is in a line of work properly classified at 1-grade intervals but has a mixed interval promotion pattern.
(c) Advancement to positions up to GS-5. Candidates may be advanced without time restriction to positions up to GS-5 if the position to be filled is no more than two grades above the lowest grade the employee held within the preceding 52 weeks under his or her latest nontemporary competitive appointment.
Notes of Decisions
Taylor, Carolyn v. Small, Lawrence M., 350 F.3d 1286 (D.C. Cir. 2003).
“See 5 C.F.R. § 300.604 (a). The district court therefore properly found Taylor was not eligible for promotion at the time she sought it.”
Hauschild v. United States, 53 Fed. Cl. 134 (Fed. Cl. 2002).
· cites it 2× “Moreover, defendant’s motion is predicated principally on the seniority and merit system codified at 5 C.F.R. § 300.604 (a) (2002), which states that Air Force employees are eligible for promotion after working 52 weeks and assuming additional duties.”
Jarmon v. Powell, 208 F. Supp. 2d 21 (D.D.C. 2002).
· cites it 2× “5 C.F.R. § 300.604 (a) specifies that, subject to certain exceptions, “[cjandidates for advancement to a position at GS-12 and above must have completed a minimum of 52 weeks in positions no more than one grade lower (or equivalent) than the positions filled.”
Howell v. Dep't of the Army, 975 F. Supp. 1293 (M.D. Ala. 1997).
· cites it 3× “5 C.F.R. § 300.604 (a) & (b). 21 Howell’s challenge to the NSA rests solely on 5 C.”
Kerner v. Dep't of the Interior, 778 F.3d 1336 (Fed. Cir. 2015).
“5 C.F.R. § 300.604 . The vacancies also required one year of specialized experience in the federal civil service equivalent to GS-07 or GS-09, respectively.”
Bell v. Donley, 928 F. Supp. 2d 174 (D.D.C. 2013).
“See 5 C.F.R. § 300.604 (a) (“Candidates for advancement to a position at GS-12 and above must have completed a minimum of 52 weeks in positions no more than one grade lower (or equivalent) than the position to be filled.”
Kilby-Robb v. Duncan, 247 F. Supp. 3d 115 (D.D.C. 2017).
“Defendant’s motion is GRANTED with respect to Plaintiffs discrimination claims for each of these two positions.”
Ibrahim v. United States, 26 Cl. Ct. 359 (Ct. Cl. 1992).
· cites it 3× “At all times during plaintiffs employment, the time-in-grade restrictions contained in 5 C.F.R. § 300.604 (1992), were in effect.”
Marvin Stewart v. Dep't of Vets. Affairs (MSPB 2024).
· cites it 4× “2 In analyzing whether the appellant met the pertinent time-in-grade requirements, the administrative judge cited 5 C.F.R. § 300.604 (a), which addresses advancement to positions graded GS-12 and above, instead of 5 C.”
Turoka Hudson v. Dep't of the Army (MSPB 2026).
· cites it 2× “On petition for review, the appellant asserts that the administrative judge failed to address her assertion that the selectee, who was also her GS-9 coworker, did not have the requisite time in grade, pursuant to 5 C.F.R. § 300.604 , 3 when she was selected for the GS-12…”
— 5 C.F.R. § 300.604(a) — 2 cases
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