(a) An agency may make a term appointment for a period of more than 1 year but not more than 4 years to positions where the need for an employee's services is not permanent. Reasons for making a term appointment include, but are not limited to: project work, extraordinary workload, scheduled abolishment, reorganization, contracting out of the function, uncertainty of future funding, or the need to maintain permanent positions for placement of employees who would otherwise be displaced from other parts of the organization. Agencies may extend appointments made for more than 1 year but less than 4 years up to the 4-year limit in increments determined by the agency. The vacancy announcement should state that the agency has the option of extending a term appointment up to the 4-year limit.
(b) OPM may authorize exceptions beyond the 4-year limit when the extension is clearly justified and is consistent with applicable statutory provisions. Requests to make and/or extend appointments beyond the 4-year limit must be initiated by the employing office and sent to the appropriate OPM service center.
(c)(1) An agency may make a term appointment for a period of more than 1 year but not more than 10 years to a covered position defined in (2) when the need for an employee's services is not permanent. An agency may extend an appointment made for more than 1 year but fewer than 10 years up to the 10-year limit in increments determined by the agency. The vacancy announcement must state that the agency has the option of extending a term appointment under this section up to the 10-year limit. No appointment made under this section may last longer than 10 years from the date of the initial appointment.
(2) An agency may make a term appointment for more than 1 year but not more than 10 years to the following positions (as described in OPM's Handbook of Occupational Groups and Series):
(i) Social Science Series, 0101;
(ii) Economist Series, 0110;
(iii) Psychology Series, 0180;
(iv) Natural Resources Management and Biological Sciences Group (i.e., 0400 group);
(v) Medical, Hospital, Dental, and Public Health Group (i.e., 0600 group);
(vi) Engineering and Architecture Group (i.e., 0800 group);
(vii) Physical Science Group (i.e.,1300 group);
(viii) Mathematical Sciences Group (i.e., 1500 group); and
(ix) Information Technology Group (i.e., 2200 group).
[63 FR 63783, Nov. 17, 1998, as amended at 87 FR 73632, Dec. 1, 2022]
Notes of Decisions
Anderson v. United States, 5 Cl. Ct. 573 (Ct. Cl. 1984).
· cites it 2× “5 C.F.R. § 316.301 and 316.401. . Chapter 316 of the Federal Personnel Manual is entitled "Temporary Employment” and the subchapters are designated “Term Employment” and “Temporary Limited Employment.”
Andrew C. Eller, Jr. v. Off. of Pers. Mgmt., 2014 MSPB 72 (MSPB 2014).
· cites it 2× “¶10 Pursuant to 5 C.F.R. § 316.301 (a), “[a]n agency may make a term appointment for a period of more than 1 year but not more than 4 years to positions where the need for an employee’s services is not permanent.”
Hondros v. United States Civil Serv. Comm'n, 720 F.2d 278 (3rd Cir. 1983).
“” 5 C.F.R. § 316.301 (1983). Unlike members of the competitive service, who must generally submit to competitive examinations, term employees may bypass the rigors of the competitive process if OPM so authorizes.”
Fernandez v. United States, 12 Cl. Ct. 764 (Ct. Cl. 1987).
“” As defined in 5 C.F.R. § 316.301 , however, a “term employee” is one appointed by an agency “for a period of more than one year ” (emphasis added) up to a maximum of four years.”
Andrew C. Eller, Jr. v. Off. of Pers. Mgmt., 2014 MSPB 72 (MSPB 2014).
· cites it 2× “¶10 Pursuant to 5 C.F.R. § 316.301 (a), “[a]n agency may make a term appointment for a period of more than 1 year but not more than 4 years to positions where the need for an employee’s services is not permanent.”
Kelli Holloran v. Off. of Pers. Mgmt. (MSPB 2024).
· cites it 6× “In her request she appears to identify 5 C.F.R. § 316.301 as a regulation implemented in a way that required employees to violate a prohibited personnel practice.”
James Kelley v. Dep't of the Air Force (MSPB 2024).
· cites it 2× “4 See 5 C.F.R. §§ 316.301 (a), .401(c). Although overseas limited 3 The appellant’s employment agreement did, however, inform him that he could be separated if he failed to request and accept a return assignment.”
Christian Kreipke v. Dep't of Vets. Affairs (MSPB 2023).
“3 (2011); compare 5 C.F.R. § 316.301 (a) (describing term appointments as lasting for 3 reprisal for his disclosures, WSU and the VA investigated him and charged him with research misconduct, which led WSU to terminate him in February 2012, and the VA to later terminate his…”
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