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5 U.S.C. § 3595a — Furlough in the Senior Executive Service
Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purposes of this section, “furlough” means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons.
**(b)** An agency may furlough a career appointee only in accordance with regulations issued by the Office of Personnel Management.
**(c)** A career appointee who is furloughed is entitled to appeal to the Merit Systems Protection Board under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_cd39d02b7229614f8e12f733
Source file: Laws/federal/codes/united-states-code/title-5/section-3595a-furlough-in-the-senior-executive-service--579814f425.md
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Source location: Title 5, Chapter 35, § 3595a; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md
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**(a)** For the purposes of this section, “furlough” means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons.
**(b)** An agency may furlough a career appointee only in accordance with regulations issued by the Office of Personnel Management.
**(c)** A career appointee who is furloughed is entitled to appeal to the Merit Systems Protection Board under [section 7701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7701&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right—
(1) to a hearing for which a transcript will be kept; and
(2) to be represented by an attorney or other representative.
Appeals shall be processed in accordance with regulations prescribed by the Board.
**(b)**
(1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim) or other employee of the Board designated by the Board to hear such cases, except that in any case involving a removal from the service, the case shall be heard by the Board, an employee experienced in hearing appeals, or an administrative law judge. The Board, administrative law judge, or other employee (as the case may be) shall make a decision after receipt of the written representations of the parties to the appeal and after opportunity for a hearing under subsection (a)(1) of this section. A copy of the decision shall be furnished to each party to the appeal and to the Office of Personnel Management.
(2)
(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless—
(i) the deciding official determines that the granting of such relief is not appropriate; or
(ii)
(I) the relief granted in the decision prov
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7701
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from—
(1) all groups of qualified individuals within the civil service; or
(2) all groups of qualified individuals whether or not within the civil service.
**(b)** Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including—
(1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and
(2) making written recommendations to the appropriate appointing authority concerning such candidates.
**(c)**
(1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee.
(2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointme
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3393
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Federal law — U.S. Code and appendices · legal_authorities
Page 460
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3595a
1 Another section 3598 is set out after this section.
‘‘(1) Except as provided in paragraph (2), the amend-
ments made by this section [amending this section]
shall take effect on the date of the enactment of this
Act [Oct. 15, 1982].
‘‘(2) The amendments made by this section [amending
this section] shall apply to an individual who is a ca-
reer appointee on or after September 30, 1982, except
that any individual who is a career appointee on Sep-
tember 30, 1982, and who is described in section
3595(b)(3) of title 5, United States Code, may not be re-
moved before December 15, 1982, due to a reduction in
force, unless the removal is under section 3595(b)(4)(A)
of such title on the grounds the individual declined a
reasonable placement offer.’’
EFFECTIVE DATE
Pub. L. 97–35, title XVII, § 1704(e), Aug. 13, 1981, 95
Stat. 758, provided that:
‘‘(1) Subject to paragraph (2), the amendments made
by this section [enacting this section, redesignating
former section 3595 as section 3596 of this title, and
amending sections 3393, 3593, 7542, and 7543 of this title]
shall be effective as of June 1, 1981.
‘‘(2)(A) Except as provided in subparagraph (B), the
amendments made by this section shall apply to any
career appointee removed from the civil service after
May 31, 1981, and before the date of the enactment of
this section [Aug. 13, 1981] if, not later than 14 days
after such date of enactment, application therefor is
made to the Office of Personnel Management and to the
head of the Agency in which the appointee was em-
ployed.
‘‘(B) The provisions of section 3595(a), as added by
subsection (a)(1), shall take effect on the date of the en-
actment of this Act [Aug. 13, 1981].
‘‘(3) The eff
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3595a
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