C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 315—CAREER AND CAREER-CONDITIONAL EMPLOYMENT › Subpart D—Career or Career-Conditional Employment by Reinstatement

5 C.F.R. § 315.401

Reinstatement

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(a) Agency authority. Subject to part 335 of this chapter and paragraph (b) of this section, an agency may appoint by reinstatement to a competitive service position a person who previously was employed under career or career-conditional appointment (or equivalent).

(b) Time limit. There is no time limit on the reinstatement eligibility of a preference eligible or a person who completed the service requirement for career tenure. Except as provided in paragraph (c) of this section, an agency may reinstate a nonpreference eligible who has not completed the service requirement for career tenure only within 3 years following the date of separation. This time limit begins to run from the date of separation from the last position in which the person served under a career appointment, career-conditioned appointment, indefinite appointment in lieu of reinstatement, or an appointment under which he or she acquired competitive status.

(c) Extension of time limit. Intervening service of the following types extends the 3-year limit on reinstatement of eligibility of a nonpreference eligible who has not completed the service requirement for career tenure:

(1) Employment in Federal competitive service positions under temporary, term, indefinite, or other nonpermanent appointment.

(2) Employment in Federal excepted, nonappropriated fund, or Senior Executive Service positions in the executive branch;

(3) Employment in the Federal judicial branch or in the executive or judicial branches of the insular possessions of the United States;

(4) Employment in Federal legislative branch;

(5) Employment in an international governmental organization or a territorial, State, county, municipal, or foreign government in a position in which the agency determines that the proposed appointee acquired valuable training and experience for the position to be filled;

(6) A substantially full-time training course in any educational institution of recognized standing when the agency finds that the proposed appointee acquired valuable training or experience for the position to be filled;

(7) Compulsory service on work of national importance under civilian direction as required by the Military Selective Service Act;

(8) Active military duty terminated under honorable conditions;

(9) Service with the District of Columbia Government prior to January 1, 1980. In addition, for an employee on the District Government rolls on December 31, 1979, who was converted on January 1, 1980, to the District of Columbia merit personnel system, continuous District Government service after that date also extends the 3-year period;

(10) Periods of nonemployment during which a person is eligible for injury compensation under the Office of Workers' Compensation Programs;

(11) Periods of nonemployment during which a person receives disability retirement under the Civil Service or Federal Employees Retirement System;

(12) Employment by a nonfederal organization when the person's function was transferred to the nonfederal organization on a contract basis or by law or executive order;

(13) Volunteer service and training required prior to actual enrollment as a volunteer with Peace Corps, VISTA, and other programs of the Corporation for National and Community Service if it begins within the period the person is eligible for reinstatement; and

(14) Periods of overseas residence during which a spouse or unmarried child, under 21 years of age, of a member of the Armed Forces or of a Federal civilian employee is accompanying that individual on official assignment to an overseas post of duty. Overseas posts of duty are duty locations outside the 50 States of the United States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands.

[33 FR 12418, Sept. 4, 1968, as amended at 59 FR 68107, Dec. 30, 1994; 60 FR 53504, Oct. 16, 1995]
Notes of Decisions
Cited in 31 cases (11 in the last 5 years), 1977–2024 · leading case: Biagioli v. United States, 2 Cl. Ct. 304 (Ct. Cl. 1983).
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Biagioli v. United States, 2 Cl. Ct. 304 (Ct. Cl. 1983). “801 (a)(2) (1976), and reinstated him as a permanent employee, 5 C.F.R. § 315.401 (1976), will not be considered further.”
Shaposka v. United States, 215 Ct. Cl. 34 (Ct. Cl. 1977). · cites it 2× “On November 26, 1972, defendant purported to convert by reinstatement plaintiffs appointment to one of career-conditional status under *39 authority of 5 C.F.R. § 315.401 (1972), which provides, in relevant part: Reinstatement.”
Hernandez v. Gutierrez, 850 F. Supp. 2d 117 (D.D.C. 2012). “She claims she earned career tenure by working at the USPTO from 1998 to 2001 and BIS reinstated her as a nonprobationary employee under 5 C.F.R. § 315.401 . Hernandez Deck ¶¶ 15-16.”
Roderick Johnson v. Soc. Sec. Admin. (MSPB 2024). · cites it 8× “The gravamen of the appellant’s arguments on review is that the agency improperly imposed on him a second probationary period because he was eligible to be noncompetitively reinstated pursuant to 5 C.F.R. § 315.401 . 2 PFR File, Tab 1 at 4-7.”
Elizabeth Aviles-Wynkoop v. Dep't of Def. (MSPB 2016). · cites it 7× “She alleged that the agency improperly considered her to be a probationary employee, but that she was reinstated to the position under 5 C.F.R. § 315.401 , and had previously completed a probationary period.”
Randy King v. Dep't of the Air Force (MSPB 2022). · cites it 6× “The Standard Form 50 (SF-50) documenting the appellant’s appointment characterizes the action as “Reinstatement Career” and cites reinstatement authority under 5 C.F.R. § 315.401 . Id. The SF-50 also indicates that his appointment was subject to the completion of a 1 -year…”
Benjamin Jenkins v. Dep't of the Navy (MSPB 2022). · cites it 3× “5 C.F.R. § 315.401 (a). Under 5 C.F.R. § 315.”
Carlos Campos v. Dep't of Vets. Affairs (MSPB 2024). · cites it 3× “Except as expressly MODIFIED to address the appellant’s claim that the agency denied him restoration under 5 C.F.R. § 315.401 , we AFFIRM the initial decision, and DISMISS the appeal for lack of jurisdiction.”
Stewart v. Raimondo (E.D. Va. 2024). · cites it 3× “Stewart also contends that he was entitled to reinstatement under 5 C.F.R. § 315.401 because the Department of Commerce failed to comply with its reinstatement policy and the “right of Federal employment inherent in the regulations related to career reinstatement.”
Angela M. Oppe' v. Nat'l Aeronautics & Space Admin (MSPB 2015). · cites it 5× “In her State Department appeal, she contended that the September 28, 1979 SF-50 shows that she is entitled to lifetime reinstatement rights and benefits pursuant to 5 C.F.R. § 315.401 (b) as a 10-point preference-eligible veteran who has already served a probationary period.”
Angela M. Oppe' v. Dep't of State (MSPB 2015). · cites it 4× “6 lacks jurisdiction over an agency’s decision not to reinstate an employee pursuant to 5 C.F.R. § 315.401 . See Hicks v. Department of the Navy, 33 M.”
Thomas J. Wallen v. Off. of Pers. Mgmt. (MSPB 2016). · cites it 2× “12 ¶21 Pursuant to 5 C.F.R. § 315.401 , “an agency may appoint by reinstatement to a competitive service position a person who previously was employed under career or career-conditional appointment (or equivalent).”
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