C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 752—ADVERSE ACTIONS › Subpart B—Regulatory Requirements for Suspension for 14 Days or Less

5 C.F.R. § 752.201

Coverage

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(a) Adverse actions covered. This subpart covers suspension for 14 days or less.

(b) Employees covered. This subpart covers:

(1) An employee in the competitive service who has completed a probationary or trial period, or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;

(2) An employee in the competitive service serving in an appointment which requires no probationary or trial period, and who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less;

(3) An employee with competitive status who occupies a position under Schedule B of part 213 of this chapter;

(4) An employee who was in the competitive service at the time his or her position was first listed under Schedule A or B of the excepted service and still occupies that position;

(5) An employee of the Department of Veterans Affairs appointed under 38 U.S.C. 7401(3); and

(6) An employee of the Government Publishing Office.

(c) Exclusions. This subpart does not apply to a suspension for 14 days or less:

(1) Of an administrative law judge under 5 U.S.C. 7521;

(2) Taken for national security reasons under 5 U.S.C. 7532;

(3) Taken under any other provision of law which excepts the action from subchapter I, chapter 75, of title 5, U.S. Code;

(4) Of a re-employed annuitant;

(5) Of a National Guard Technician; or

(6) Taken under 5 U.S.C. 7515.

(d) Definitions. In this subpart—

Current continuous employment means a period of employment immediately preceding a suspension action without a break in Federal civilian employment of a workday.

Day means a calendar day.

Similar positions means positions in which the duties performed are similar in nature and character and require substantially the same or similar qualifications, so that the incumbent could be interchanged between the positions without significant training or undue interruption to the work.

Suspension means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.

[74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65985, Oct. 16, 2020; 89 FR 25047, Apr. 9, 2024; 91 FR 5656, Feb. 6, 2026]
Notes of Decisions
Cited in 27 cases, 1968–2018 · leading case: Fucik v. United States, 228 Ct. Cl. 379 (Ct. Cl. 1981).
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Fucik v. United States, 228 Ct. Cl. 379 (Ct. Cl. 1981). · cites it 3× “The second is that the reassignment was unlawful because it was what plaintiff calls a "punitive transfer.”
Edward I. Leefer v. Adm'r, Nat'l Aeronautics & Space Admin., 543 F.2d 209 (D.C. Cir. 1976). · cites it 3× “5 C.F.R. § 752.201 (b) (1974). 5 . A.R. 255-256.”
Garbacz v. United States, 228 Ct. Cl. 309 (Ct. Cl. 1981). · cites it 3× “Of the personnel actions specified as adverse in 5 C.F.R. § 752.201 (b), only 5 C.F.R. § 752.”
Parker v. United States Dep't of Just., Off. of Prof'l Responsability, 278 F. Supp. 3d 446 (D.D.C. 2017). “, 5 C.F.R. §§ 752.201 -.203. The Court would be hard pressed to conclude that this disclosure of information about DOJ’s disciplinary procedures that are, in substance, already public knowledge would in any way stifle -agency deliberations.”
O'NEILL v. Starobin, 364 A.2d 149 (D.C. 1976). · cites it 3× “§ 7511(2), 5 C.F.R. § 752.201 (1972), and Chapter 16, District of Columbia Personnel *151 Manual.”
Charles E. Williams v. Internal Revenue Serv., Off. of the Chief Couns., 745 F.2d 702 (D.C. Cir. 1984). “The CSRA provisions on procedural rights of employees suspended fourteen days or less apply to persons in competitive service positions.”
William C. Bush v. William R. Lucas, 598 F.2d 958 (5th Cir. 1979). “202 (standards governing adverse actions); § 752.402 (reversal of adverse action may entitle employee to restoration retroactive to date of improper action).”
Summers v. United States, 227 Ct. Cl. 353 (Ct. Cl. 1981). “A reduction in rank is an adverse action, 5 C.F.R. § 752.201 (b)(4) (1977) (current version at 5 C.”
Carl R. Schrachta v. Donald L. Curtis, M.D., Acting Adm'r of Vets. Admin., 752 F.2d 1257 (7th Cir. 1985). “3 (a)(3) (1984); compare 5 C.F.R. § 752.201 -.203 (1984) with 5 C.”
Wilmot v. United States, 205 Ct. Cl. 666 (Ct. Cl. 1974). “Nor was the reduction in force an adverse action -as contemplated by 5 C.F.R. § 752.201 (b) (1968). The RIF is specifically excluded from the adverse action regulations in 5 C.”
Am. Fed'n of Gov't Employees v. Martin R. Hoffman, Sec'y of the Army, 543 F.2d 930 (D.C. Cir. 1976). “§§ 7501 (a), (b) (1970) (emphasis supplied). These safeguards have been expanded upon by Civil Service Regulations which include provision for a right of appeal to the Civil Service Commission.”
Craig v. Colburn, 414 F. Supp. 185 (D. Kan. 1976). “5 C.F.R. § 752.201 (b). Therefore, a reassignment is not an “adverse action” within the literal meaning of 5 U.”
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