5 U.S.C. § 3304a
Title 5
Chapter 33
Current through PL 116-220
~2 min read
Last updated: March 30, 2026
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Sections in this chapter
- § 3301
- § 3302
- § 3303
- § 3304
- § 3304a
- § 3305
- § 3306
- § 3307
- § 3308
- § 3309
- § 3310
- § 3311
- § 3312
- § 3313
- § 3314
- § 3315
- § 3315a
- § 3316
- § 3317
- § 3318
- § 3319
- § 3320
- § 3321
- § 3322
- § 3323
- § 3324
- § 3325
- § 3326
- § 3327
- § 3328
- § 3329
- § 3330
- § 3330a
- § 3330b
- § 3330c
- § 3330d
- § 3330e
- § 3331
- § 3332
- § 3333
- § 3341
- § 3342
- § 3343
- § 3344
- § 3345
- § 3346
- § 3347
- § 3348
- § 3349
- § 3349a
- § 3349b
- § 3349c
- § 3349d
- § 3351
- § 3352
- § 3361
- § 3362
- § 3363
- § 3364
- § 3371
- § 3372
- § 3373
- § 3374
- § 3375
- § 3376
- § 3381
- § 3382
- § 3383
- § 3384
- § 3385
- § 3391
- § 3392
- § 3393
- § 3393a
- § 3394
- § 3395
- § 3396
- § 3397
§ 3304a. Competitive service; career appointment after 3 years’ temporary service
- (a) An individual serving in a position in the competitive service under an indefinite appointment or a temporary appointment pending establishment of a register (other than an individual serving under an overseas limited appointment, or in a position classified above GS–15 pursuant to section 5108) acquires competitive status and is entitled to have his appointment converted to a career appointment, without condition, when—
- (1) he completes, without break in service of more than 30 days, a total of at least 3 years of service in such a position;
- (2) he passes a suitable noncompetitive examination;
- (3) the appointing authority (A) recommends to the Office of Personnel Management that the appointment of the individual be converted to a career appointment and (B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and
- (4) he meets Office qualification requirements for the position and is otherwise eligible for career appointment.
- (b) The employing agency shall terminate the appointment of an individual serving in a position in the competitive service under an indefinite or temporary appointment described in subsection (a) of this section, not later than 90 days after he has completed the 3-year period referred to in subsection (a)(1) of this section, if, prior to the close of such 90-day period, such individual has not met the requirements and conditions of subparagraphs (2) to (4), inclusive, of subsection (a) of this section.
- (c) In computing years of service under subsection (a)(1) of this section for an individual who leaves a position in the competitive service to enter the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date he leaves his position to the date he is reemployed is included.
- (d) The Office of Personnel Management may prescribe regulations necessary for the administration of this section.
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