In this subpart—
Current continuous employment means a period of employment or service immediately preceding an adverse action without a break in Federal civilian employment of a workday.
Day means a calendar day.
Furlough means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
Grade means a level of classification under a position classification system.
Indefinite suspension means the placing of an employee in a temporary status without duties and pay pending investigation, inquiry, or further agency action. The indefinite suspension continues for an indeterminate period of time and ends with the occurrence of the pending conditions set forth in the notice of action which may include the completion of any subsequent administrative action.
Pay means the rate of basic pay fixed by law or administrative action for the position held by the employee, that is, the rate of pay before any deductions and exclusive of additional pay of any kind.
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 for more than 14 days.
[74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65986, Oct. 16, 2020; 87 FR 67783, Nov. 10, 2022]
Notes of Decisions
Williams v. Merit Sys. Prot. Bd., 892 F.3d 1156 (Fed. Cir. 2018).
· cites it 5× “The Board noted that 5 C.F.R. § 752.402 defines "current continuous employment" as "a period of employment or service immediately preceding an adverse action without a break in Federal civilian employment of a workday.”
Quentin R. Jones & Melvin McDaniel v. Dep't of the Navy, 978 F.2d 1223 (Fed. Cir. 1992).
· cites it 2× “” 5 C.F.R. § 752.402 (e) (1992). The Board previously had upheld indefinite suspensions to allow an agency to examine an employee’s conduct when it had reasonable cause to believe that the employee committed a crime punishable by imprisonment.”
Wilder v. Merit Sys. Prot. Bd., 675 F.3d 1319 (Fed. Cir. 2012).
“In particular, 5 C.F.R. § 752.402 defines the term “current continuous employment” to mean “a period of employment or service immediately preceding an adverse action without a break in Federal civilian employment of a workday.”
Jones v. MSPB, 98 F.4th 1376 (Fed. Cir. 2024).
“” “Similar positions” are further defined by 5 C.F.R. § 752.402 as “po- sitions in which the duties performed are similar in nature and character and require substantially the same or simi- lar qualifications, so that the incumbent could be inter- changed between the positions…”
Rhodes v. Merit Sys. Prot. Bd., 487 F.3d 1377 (Fed. Cir. 2007).
“§ 7501 (2), and an indefinite suspension is one that “continues for an indeterminate period of time and ends with the occurrence of the pending conditions set forth in the notice of action,” 5 C.F.R. § 752.402 (e). The July 27, 2004 notice of action proposed suspension “pending…”
Banks v. Merit Sys. Prot. Bd., 854 F.3d 1360 (Fed. Cir. 2017).
“” 5 C.F.R. § 752.402 . We have held that this regulation governs the interpretation of the term "current continuous service” under § 7511, see Wilder v.”
Bradley Sikes v. Dep't of the Navy, 2022 MSPB 12 (MSPB 2022).
“5 C.F.R. § 752.402 . The parties do not dispute that the condition subsequent that should have ended the indefinite suspension occurred when the 5 appellant’s access to classified information was restored on August 16, 2016.”
George Pararas-Carayannis v. Dep't of Com., 9 F.3d 955 (Fed. Cir. 1993).
“5 C.F.R. § 752.402 (e) (1993). In order for the MSPB to sustain an indefinite suspension, the agency must establish by a preponderance of the evidence 3 that it had reasonable cause to believe the employee committed a crime for which imprisonment may be imposed.”
Amend v. Merit Sys. Prot. Bd., 221 F. App'x 983 (Fed. Cir. 2007).
“ATF Inspectors are expected to have knowledge of federal, state, and local alcohol, tobacco, firearm, and explosive laws and regulations.”
Mrs. Frances B. Chafin v. Dr. Harry D. Pratt, 358 F.2d 349 (5th Cir. 1966).
“While her appeal was pending, Plaintiff agreed to take the medical examination required for disability retirement, so the Defendants cancelled the 30-day suspension (reinstating her with backpay pursuant to 5 CFR § 752.402 ) and the notice of the proposed 6-month suspension.”
— 5 C.F.R. § 752.402(e) — 1 case
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