C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 315—CAREER AND CAREER-CONDITIONAL EMPLOYMENT › Subpart I—Probation on Initial Appointment to a Supervisory or Managerial Position

5 C.F.R. § 315.901

Statutory requirement

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5 U.S.C. 3321 provides for “a period of probation . . . before initial appointment as a supervisor or manager becomes final.” It also says that a supervisor or manager “who does not satisfactorily complete the probationary period . . . shall be returned to a position of no lower grade and pay than the position from which the individual was transferred, assigned or promoted.” This subpart contains OPM regulations implementing those requirements of law.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2007–2024 · leading case: Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007).
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Kirkendall v. Dep't of the Army, 479 F.3d 830 (Fed. Cir. 2007). “908), and appeals concerning reduetions-in-force ( 5 C.F.R. § 315.901 ), and reemployment rights ( 5 C.”
Koller v. Merit Sys. Prot. Bd., 250 F. App'x 312 (Fed. Cir. 2007). “§ 3321 (a)(2); 5 C.F.R. § 315.901 . During supervisory probationary periods, agencies are not free to terminate first-time supervisors who fail to demonstrate the qualifications for continued employment in a supervisory position beyond the probationary period.”
James Kelly v. Dep't of Def. (MSPB 2024). · cites it 2× “§ 3321 (a)(2); 5 C.F.R. § 315.901 . After the agency determined that the appellant failed to satisfactorily complete his supervisory probationary period for reasons related to performance and conduct, it reduced his grade and pay, effective September 30, 2018, and placed him…”
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