C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 752—ADVERSE ACTIONS › Subpart F—Regulatory Requirements for Taking Adverse Action Under the Senior Executive Service

5 C.F.R. § 752.601

Coverage

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(a) Adverse actions covered. This subpart applies to suspensions for more than 14 days and removals from the civil service as set forth in 5 U.S.C. 7542.

(b) Actions excluded. (1) An agency may not take a suspension action of 14 days or less.

(2) This subpart does not apply to actions taken under 5 U.S.C. 1215, 3592, 3595, 7532, or 7515.

(c) Employees covered. This subpart covers the following appointees:

(1) A career appointee—

(i) Who has completed the probationary period in the Senior Executive Service;

(ii) Who is not required to serve a probationary period in the Senior Executive Service; or

(iii) Who was covered under 5 U.S.C. 7511 immediately before appointment to the Senior Executive Service.

(2) A limited term or limited emergency appointee—

(i) Who received the limited appointment without a break in service in the same agency as the one in which the employee held a career or career-conditional appointment (or an appointment of equivalent tenure as determined by the Office of Personnel Management) in a permanent civil service position outside the Senior Executive Service; and

(ii) Who was covered under 5 U.S.C. 7511 immediately before appointment to the Senior Executive Service.

(d) Employees excluded. This subpart does not cover an appointee who is serving as a reemployed annuitant.

[74 FR 63532, Dec. 4, 2009, as amended at 85 FR 65987, Oct. 16, 2020]
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2026 · leading case: Donald LaVoy v. Dep't of Agric. (MSPB 2024).
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Donald LaVoy v. Dep't of Agric. (MSPB 2024). · cites it 2× “§ 7511 (a) and 5 C.F.R. § 752.601 and, therefore, lacked Board appeal rights.”
Palmeri v. MSPB (Fed. Cir. 2026). · cites it 2× “Palmeri also argues that his right to appeal was provided for by 5 C.F.R. § 752.601 (c)(iii), but this pro- vision only covers removals described by section 7452, which excludes FBI-DEA SES employees.”
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