5 C.F.R. § 315.402
Tenure on reinstatement
(a) Except as provided in paragraph (b) of this section, a person who is reinstated becomes a career-conditional employee.
(b) A person who is reinstated becomes a career employee when he has completed the service requirement for career tenure or is excepted from it by § 315.201(c).
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2016–2022 · leading case: Cheril C. Carrington v. Dep't of the Army (MSPB 2016).
Cheril C. Carrington v. Dep't of the Army (MSPB 2016). “5 C.F.R. § 315.402 (b). However, “Career tenure is acquired only under a permanent appointment in the 5 competitive service that provides or leads to competitive status.”
Wanda Duggins v. Dep't of Vets. Affairs (MSPB 2022). “; see 5 C.F.R. §§ 315.402 (b), .801(a)(2). ¶6 We have considered the appellant’s allegations of fact, but even if they are true, we find them to be immaterial because an agency’s ability to reinstate an employee under 5 C.”
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