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. § 340.403

Intermittent employment

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(a) Appropriate use. An intermittent work schedule is appropriate only when the nature of the work is sporadic and unpredictable so that a tour of duty cannot be regularly scheduled in advance. When an agency is able to schedule work in advance on a regular basis, it has an obligation to document the change in work schedule from intermittent to part-time or full-time to ensure proper service credit.

(b) Noncompetitive movement. Intermittent employees serving under career appointment may move to other positions in the same way as other regular career employees.

Notes of Decisions
Cited in 1 case, 2020–2020 · leading case: Elec. Privacy Info. Ctr. v. Nat'l Sec. Comm'n on Artificial Intelligence (D.D.C. 2020).
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Elec. Privacy Info. Ctr. v. Nat'l Sec. Comm'n on Artificial Intelligence (D.D.C. 2020). · cites it 4× “at 18 (quoting 5 C.F.R. § 340.403 (a)). This regulation explicitly distinguishes “intermittent” status from “part-time” status, as it says that “[w]hen an agency is able to schedule work in advance on a regular basis, it has an obligation to document the change in work schedule…”
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