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. § 315.909

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 procedures under part 432 or 752 of this chapter, whichever is applicable. This section does not preclude an employee from filing a complaint, appeal, or other matter within the independent jurisdiction of the Equal Employment Opportunity Commission, the Merit Systems Protection Board, or the Office of Special Counsel, consistent with § 751.101(e) of this chapter.

[44 FR 44811, July 31, 1979, as amended at 90 FR 26729, June 24, 2025; 91 FR 54794, Aug. 25, 2026]
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).
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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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