5 C.F.R. § 315.909

Relationship to other actions

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(a) If an employee is required to concurrently serve both a probationary period under this subpart and a probationary period under part 11 of this chapter, the latter takes precedence and completion of the probationary period for competitive appointment fulfills the requirements of this subpart.

(b) An action which demotes an employee to a lower grade than the one the employee left to accept the supervisory or managerial position, and an action against an employee for reasons other than supervisory or managerial performance, is governed by part 432 or part 752 procedures, whichever is applicable. If the employee believes an action under this subpart was based on improper discrimination or other prohibited practices under 5 U.S.C. 2302, he or she may appeal to the Merit Systems Protection Board or the Equal Employment Opportunity Commission, as appropriate.

[44 FR 44811, July 31, 1979, as amended at 90 FR 26729, June 24, 2025]
Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Koller v. Merit Sys. Prot. Bd., 250 F. App'x 312 (Fed. Cir. 2007).
Koller v. Merit Sys. Prot. Bd., 250 F. App'x 312 (Fed. Cir. 2007). “§ 315 Subpart I; 3) he subsequently completed the probationary period as a new hire under Subpart H; and 4) 5 C.F.R. § 315.909 (a) provides that where an employee concurrently serves probationary periods under Subparts H and I, completion of Subpart H fulfills the requirements…”
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