C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 340—OTHER THAN FULL-TIME CAREER EMPLOYMENT (PART-TIME, SEASONAL, ON-CALL, AND INTERMITTENT) › Subpart D—Seasonal and intermittent Employment

5 C.F.R. § 340.401

Definitions

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(a) Seasonal employment means annually recurring periods of work of less than 12 months each year. Seasonal employees are permanent employees who are placed in nonduty/nonpay status and recalled to duty in accordance with preestablished conditions of employment.

(b) Intermittent employment means employment without a regularly scheduled tour of duty.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1992–2022 · leading case: Bain v. Off. of Pers. Mgmt., 978 F.3d 1227 (Fed. Cir. 1992).
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Bain v. Off. of Pers. Mgmt., 978 F.3d 1227 (Fed. Cir. 1992). · cites it 2× “See 5 C.F.R. § 340.401 (a) (1992) (defining seasonal employment as “annually recurring periods of work of less than 12 months each year.”
Dawson v. United States, 116 Fed. Cl. 664 (Fed. Cl. 2014). · cites it 2× “” 5 C.F.R. § 340.401 (b) (2012); 5 C.F.R. § 340.”
Adams v. Internal Revenue Serv., 314 F.3d 1367 (Fed. Cir. 2003). · cites it 3× “” 5 C.F.R. § 340.401 (a). In response, the local chapter of the National Treasury Employees Union (“NTEU”), the union that represents IRS employees at the St.”
Curdy v. Dep't of Agric., 291 F.3d 1371 (Fed. Cir. 2002). “” 5 C.F.R. § 340.401 (a) (2002). We determined that in the absence of a definition of “intermittent” in Title 5, this classification was reasonable: seasonal workers did not fit into the full-time category because they worked for part of the year, or the part-time category…”
Dawson v. United States (Fed. Cl. 2014). · cites it 2× “” 5 C.F.R. § 340.401 (b) (2012); 5 C.F.R. § 340.”
John Dougherty v. Dep't of Homeland Sec. (MSPB 2016). “” 5 C.F.R. § 340.401 (a). The record is unclear as to the appellant’s precise duty status in 2001 and 2002, as it includes both a memorandum stating that he changed from part-time to full-time status effective June 29, 2003, IAF, Tab 11 at 14, and Standard Form 50s showing that…”
Andrew Blasco v. Off. of Pers. Mgmt. (MSPB 2022). “5 C.F.R. § 340.401 (b). There is no dispute that the appellant had an intermittent work schedule.”
Jacqueline Manuel v. Off. of Pers. Mgmt. (MSPB 2022). “” 5 C.F.R. § 340.401 (b). ¶8 Here, the record shows that the appellant was first employed as a Casual from December 9 to December 31, 1995, her service was less than a year, and there is no evidence that this appointment met the definition of a provisional appointment.”
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