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5 U.S.C. § 7501 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment 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; and
(2) “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
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Stable record: federal_law:legal_authorities:record_usc_883014e535e436adfd3c2951
Source file: Laws/federal/codes/united-states-code/title-5/section-7501-definitions--7b486bdcb9.md
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Source location: Title 5, Chapter 75, § 7501; chapter-075-adverse-actions.md
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For the purpose of this subchapter—
(1) “employee” means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment 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; and
(2) “suspension” means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding subsection (f) of [section 5754 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5754&num=0&edition=prelim), the Secretary of Defense or Secretary of a military department may waive the limit established under subsection (e)(1) of such section and pay an otherwise eligible employee or category of employees in the territory of Guam retention bonuses of up to 50 percent of basic pay, based on a critical agency need.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance.
**(b)**
(1) An employee whose reduction in grade or removal is proposed under this section is entitled to—
(A) 30 days’ advance written notice of the proposed action which identifies—
(i) specific instances of unacceptable performance by the employee on which the proposed action is based; and
(ii) the critical elements of the employee’s position involved in each instance of unacceptable performance;
(B) be represented by an attorney or other representative;
(C) a reasonable time to answer orally and in writing; and
(D) a written decision which—
(i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and
(ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action.
(2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management.
**(c)** The decision to retain, reduce in grade, or remove an employee—
(1) shall be made within 30 days after the date of expiration of the notice period, and
(2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee—
(A) which occurred during the 1-year period ending on the date of the notice under subsection (b)(1)(A) of this sec
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4303
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this subchapter—
(1) “employee” means—
(A) an individual in the competitive service—
(i) who is not serving a probationary or trial period under an initial appointment; or
(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;
(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions—
(i) in an Executive agency; or
(ii) in the United States Postal Service or Postal Regulatory Commission; and
(C) an individual in the excepted service (other than a preference eligible)—
(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or
(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;
(2) “suspension” has the same meaning as set forth in [section 7501(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7501/2&num=0&edition=prelim);
(3) “grade” means a level of classification under a position classification system;
(4) “pay” means the rate of basic pay fixed by law or administrative action for the position held by an employee; and
(5) “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.
**(b)** This subchapter does not apply to an employee—
(1) whose appointment is made by and with the advice and consent of the Senate;
(2) whose position has been determined to be of a confidential, policy-determining, policy-ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7511
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Federal law — U.S. Code and appendices · legal_authorities
Page 905
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 7503
1 So in original. Probably should be ‘‘affecting’’.
Executive Documents
EXECUTIVE ORDER NO. 13839
Ex. Ord. No. 13839, May 25, 2018, 83 F.R. 25343, which
related to removal of employees from Federal service
for misconduct or unacceptable performance, was re-
voked by Ex. Ord. No. 14003, § 3(c), Jan. 22, 2021, 86 F.R.
7231, set out in a note under section 3301 of this title.
[Ex. Ord. No. 13839, formerly set out above, construed
to be amended to the extent necessary, by Memo-
randum of President of the United States, Oct. 11, 2019,
84 F.R. 56095, set out as a note under section 7101 of this
title.]
SUBCHAPTER I—SUSPENSION FOR 14 DAYS
OR LESS
Editorial Notes
AMENDMENTS
1978—Pub. L. 95–454, title II, § 204(a), Oct. 13, 1978, 92
Stat. 1134, substituted ‘‘SUSPENSION FOR 14 DAYS
OR LESS’’ for ‘‘COMPETITIVE SERVICE’’ in sub-
chapter heading.
§ 7501. Definitions
For the purpose of this subchapter—
(1) ‘‘employee’’ means an individual in the
competitive service who is not serving a pro-
bationary or trial period under an initial ap-
pointment or who has completed 1 year of cur-
rent continuous employment in the same or
similar positions under other than a tem-
porary appointment limited to 1 year or less;
and
(2) ‘‘suspension’’ means the placing of an em-
ployee, for disciplinary reasons, in a tem-
porary status without duties and pay.
(Added Pub. L. 95–454, title II, § 204(a), Oct. 13,
1978, 92 Stat. 1134; amended Pub. L. 114–92, div.
A, title XI, § 1105(c)(3), Nov. 25, 2015, 129 Stat.
1024;
Pub.
L.
117–81,
div.
A,
title
XI,
§ 1106(b)(2)(C), Dec. 27, 2021, 135 Stat. 1950.)
Editorial Notes
PRIOR PROVISIONS
A prior section 7501, Pub. L. 89–554, Sept. 6, 1966, 80
Stat. 527, related to r
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 7501
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