5 C.F.R. § 362.205

Reduction in force (RIF) and termination

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(a) Reduction in force. Interns and Interns NTE are covered by part 351 of this chapter for purposes of RIF.

(1) Tenure Groups. (i) An Intern serving under an appointment for an initial period expected to last more than 1 year is in excepted service Tenure Group II.

(ii) An Intern NTE who has not completed 1 year of service, is in excepted service Tenure Group 0.

(iii) An Intern NTE serving under a temporary appointment not to exceed 1 year, who has completed 1 year of current, continuous service, is in excepted service Tenure Group III.

(2) [Reserved]

(b) Termination—(1) Intern. As a condition of employment an Intern appointment expires 180 calendar days after completion of the designated academic course of study or career and technical education program, unless the Participant is selected for noncompetitive conversion under § 362.204.

(2) Intern NTE. As a condition of employment an Intern NTE appointment expires upon expiration of the temporary internship appointment, unless the Participant is selected for noncompetitive conversion under § 362.204.

[89 FR 25773, Apr. 12, 2024]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Jacob McCauley v. Dep't of the Interior (MSPB 2024).

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Jacob McCauley v. Dep't of the Interior (MSPB 2024). “Had the appellant been terminated pursuant to the expiration of his appointment, the applicable regulatory authority would have been 5 C.F.R. § 362.205 (b). For these reasons, we find no dispute of material fact about the nature of the appellant’s separation.”

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