U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart B— Employment and Retention › Chapter CHAPTER 34— PART-TIME CAREER EMPLOYMENT OPPORTUNITIES

5 U.S.C. § 3403

Limitations

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(a) An agency shall not abolish any position occupied by an employee in order to make the duties of such position available to be performed on a part-time career employment basis.(b) Any person who is employed on a full-time basis in an agency shall not be required to accept part-time employment as a condition of continued employment.(Added Pub. L. 95–437, § 3(a), Oct. 10, 1978, 92 Stat. 1057, § 3393; renumbered § 3403, Pub. L. 95–454, title IX, § 906(c)(1)(B), Oct. 13, 1978, 92 Stat. 1226.)Editorial NotesAmendments

1978—Pub. L. 95–454 renumbered section 3393 of this title as this section.

Notes of Decisions
Cited in 2 cases, 2015–2015 · leading case: Auth. to Permit Part-Time Employees to Work Regularly Scheduled Workweeks of 33 to 39 Hours (OLC 2015).
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Auth. to Permit Part-Time Employees to Work Regularly Scheduled Workweeks of 33 to 39 Hours (OLC 2015). “See 5 U.S.C. § 3403 (a) (prohibiting agencies from abolishing positions to make them available to part-time career employees); id.”
Permitting Part-Time Employees to Work Regularly Scheduled Weeks of 33 to 39 Hours (OLC 2015). “Yet nothing in the text or history of the Act indicates that Congress contemplated that agencies would need to terminate or reschedule all of those employees—an omis- sion that is particularly notable given that Congress showed solicitude for other employees potentially affected…”
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