5 C.F.R. § 315.906

Crediting service toward completion of the probationary period

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(a) An employee who is reassigned, transferred, or promoted to another supervisory or managerial position while serving a probationary period under this subpart is subject to the probationary period prescribed for the new position. Service in the former position counts toward completion of the probationary period in the new position. If the former position was supervisory and the new position managerial, service counts in the manner prescribed by agency regulation.

(b) Service on detail, temporary promotion, or reassignment to another supervisory or managerial position while serving probation is creditable toward completion of probation. Service in a nonsupervisory or nonmanagerial position is not creditable.

(c) Absence in nonpay status while on the rolls (other than for compensable injury or military duty) is creditable up to a total of 22 workdays. Absence (whether on or off the rolls) due to compensable injury or military duty is creditable in full upon restoration to Federal service. Nonpay time in excess of 22 workdays extends the probationary period by an equal amount.

(d) Service during a probationary period from which an employee was separated or demoted for performance or conduct reasons does not count toward completion of probation required under a subsequent appointment. In other situations in which an employee does not complete probation, service is creditable as determined by agency policy.

(e) Temporary service in a supervisory or managerial position under temporary appointment, promotion, or reassignment prior to probation is creditable as determined by agency policy. Prior service under a detail may be credited only when a detail to a supervisory or managerial position is made permanent without a break in service.

[44 FR 44811, July 31, 1979, as amended at 60 FR 53505, Oct. 16, 1995]

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 1994–2024 · leading case: Mouton-Miller v. MSPB, 985 F.3d 864 (Fed. Cir. 2021).

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Mouton-Miller v. MSPB, 985 F.3d 864 (Fed. Cir. 2021). “” 5 C.F.R. § 315.906 (a). Thus, the regulations generally permit tacking when an individ- ual is reassigned to a second supervisory role after begin- ning an initial supervisory probationary period.”

Jerry D. Hardy v. Merit Sys. Prot. Bd., 13 F.3d 1571 (Fed. Cir. 1994). “5 C.F.R. § 315.906 (1993). 3 Chapter 315 of the FPM covers career and career conditional positions generally, and subchapter 8 of that chapter governs probation.”

Koller v. Merit Sys. Prot. Bd., 250 F. App'x 312 (Fed. Cir. 2007). “See 5 C.F.R. § 315.906 (b). Section 315.909(a) modifies this general rule under one particular circumstance: “If an employee is required to concurrently serve both a probationary period under this subpart and a probationary period under Subpart H of this part, the latter takes…”

Cynthia White v. Dep't of Hous. & Urban Dev. (MSPB 2022). · cites it 2× “6 ¶9 The administrative judge also found that the appellant failed to nonfrivolously allege that her service was creditable under agency policy as provided in 5 C.F.R. § 315.906 (d). ID at 7-8. In her petition for review, the appellant argues that the agency presented…”

Kathryn Walker v. Dep't of Vets. Affairs (MSPB 2024). “5 C.F.R. § 315.906 (d). Regarding the agency handbook provision referenced by the appellant, it applies to individuals serving as a Federal supervisor prior to 1979, and there is nothing in the record to suggest that the appellant was in such a position.”

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