5 C.F.R. § 351.801

Notice period

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a)(1) Each competing employee selected for release from a competitive level under this part is entitled to a specific written notice at least 60 full days before the effective date of release.

(2) At the same time an agency issues a notice to an employee, it must give a written notice to the exclusive representative(s), as defined in 5 U.S.C. 7103(a)(16), of each affected employee at the time of the notice. When a significant number of employees will be separated, an agency must also satisfy the notice requirements of §§ 351.803 (b) and (c).

(b) When a reduction in force is caused by circumstances not reasonably foreseeable, the Director of OPM, at the request of an agency head or designee, may approve a notice period of less than 60 days. The shortened notice period must cover at least 30 full days before the effective date of release. An agency request to OPM shall specify:

(1) The reduction in force to which the request pertains;

(2) The number of days by which the agency requests that the period be shortened;

(3) The reasons for the request; and

(4) Any other additional information that OPM may specify.

(d) When an agency retains an employee under § 351.607 or § 351.608, the notice to the employee shall cite the date on which the retention period ends as the effective date of the employee's release from the competitive level.

[60 FR 2678, Jan. 11, 1995, as amended at 60 FR 44254, Aug. 25, 1995; 63 FR 32594, June 15, 1998; 65 FR 25623, May 3, 2000]

Notes of Decisions

Cited in 7 cases, 1982–1997 · leading case: Sharon Andrade v. Charles A. Lauer, Acting Adm'r, Off. of Juv. Just., 729 F.2d 1475 (D.C. Cir. 1984).

Sort: Relevance Newest Treatment

Sharon Andrade v. Charles A. Lauer, Acting Adm'r, Off. of Juv. Just., 729 F.2d 1475 (D.C. Cir. 1984). “5 C.F.R. §§ 351.801 (a), 351.802. 12 Under these regulations, the 21 nonfired appellants in fact could be certain that a RIF affecting them was not imminent at the time they filed their action.”

Am. Fed'n of Gov't Employees, Afl-Cio v. Samuel R. Pierce, Sec'y of Dep't of Hous. & Urban Dev., 697 F.2d 303 (D.C. Cir. 1982). “” See Brief of Appellees at Appendix B, 2; see also 5 C.F.R. § 351.801 (b) (“notice shall not be issued more than 90-days before release”); Federal Personnel Manual, ch.”

Daniel R. Krizman v. Merit Sys. Prot. Bd., & United States Postal Serv., Intervenor, 77 F.3d 434 (Fed. Cir. 1996). “Although Krizman was a preference-eligible employee, the Postal Service had no obligation to advise him of his RIF rights, because he was never subjected to an ap-pealable RIF action — that is, he was never demoted, furloughed, or separated as a result of the restructuring.”

Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 712 F.2d 669 (D.C. Cir. 1983). “5 C.F.R. § 351.801 . A general RIF notice announces the agency’s intent to reduce its work force, while a specific RIF notice alerts the individual employees subject to the RIF.”

Constance Horner, Dir., Off. of Pers. Mgmt. v. Stanley Andrzjewski, 811 F.2d 571 (Fed. Cir. 1987). “While notice is required by regulation, 5 C.F.R. § 351.801 , employees need not be paid during the 30 days' notice period in an emergency due to lack of work or lack of funds, 5 C.”

Clifton L. Goodrich v. U. S. Dep't of the Navy & Merit Sys. Prot. Bd., 686 F.2d 169 (3rd Cir. 1982). “5 C.F.R. § 351.801 (1982). The notice must specifically describe: The action to be taken and its effective date; the employee’s competitive area, competitive level, subgroup, and service date; the place where the employee may inspect the regulations and records pertinent to this…”

Gilbert v. Fed. Deposit Ins., 950 F. Supp. 1194 (D.D.C. 1997). “5 C.F.R. § 351.801 (a)(1). There are two types of RIF notifications: general and specific.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.