C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 531—PAY UNDER THE GENERAL SCHEDULE › Subpart D—Within-Grade Increases

5 C.F.R. § 531.405

Waiting periods for within-grade increase

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(a) Length of waiting period. (1) For an employee with a scheduled tour of duty, the waiting periods for advancement to the next higher step in all General Schedule grades (or the next higher rate within the grade, as defined in § 531.403) are:

(i) Rate of basic pay less than the rate of basic pay at step 4-52 calendar weeks of creditable service;

(ii) Rate of basic pay equal to or greater than the rate of basic pay at step 4 and less than the rate of basic pay at step 7-104 calendar weeks of creditable service; and

(iii) Rate of basic pay equal to or greater than the rate of basic pay at step 7-156 calendar weeks of creditable service.

(2) For an employee without a scheduled tour of duty, the waiting periods for advancement to the next higher step of all General Schedule grades (or the next higher rate within the grade, as defined in § 531.403) are:

(i) Rate of basic pay less than the rate of basic pay at step 4-260 days of creditable service in a pay status over a period of not less than 52 calendar weeks;

(ii) Rate of basic pay equal to or greater than the rate of basic pay at step 4 and less than the rate of basic pay at step 7-520 days of creditable service in a pay status over a period of not less than 104 calendar weeks; and

(iii) Rate of basic pay equal to or greater than the rate of basic pay at step 7-780 days of creditable service in a pay status over a period of not less than 156 calendar weeks.

(b) Commencement of a waiting period. A waiting period begins;

(1) On the first appointment as an employee of the Federal Government, regardless of tenure;

(2) On receiving an equivalent increase; or

(3) After a period of nonpay status or a break in service (alone or in combination) in excess of 52 calendar weeks, unless the nonpay status or break in service is creditable service under § 531.406 of this subpart.

(c) A waiting period is not interrupted by non-workdays intervening between an employee's last scheduled workday in one position and his or her first scheduled workday in a new position.

[46 FR 2319, Jan. 9, 1981, as amended at 58 FR 65536, Dec. 15, 1993; 59 FR 40794, Aug. 10, 1994]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2012–2024 · leading case: Gallo v. Dep't of Transp., 689 F.3d 1294 (Fed. Cir. 2012).
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Gallo v. Dep't of Transp., 689 F.3d 1294 (Fed. Cir. 2012). · cites it 2× “based on length of service in any specific position, but rather based on the completion of the requisite number of weeks of “creditable service,” 5 C.F.R. § 531.405 (a), which is defined as “[civilian employment in any branch of the Federal Government,” 5 C.”
Claude E Hudson v. Dep't of Vets. Affairs (MSPB 2024). “107 ; see 5 C.F.R. § 531.405 . Moreover, it is well established that “the SF-50 is not a legally operative document controlling on its face an employee’s status and rights.”
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