9701.604—Coverage.
(a) Actions covered.
This subpart covers furloughs of 30 days or less, suspensions, demotions, reductions in pay (including reductions in pay within a band), and removals.
(1)
Any adverse action taken against an employee during a probationary, trial, or initial service period, except for an adverse action taken against a preference eligible employee in the competitive service who has completed the first year of an initial service period;
(3)
An action that terminates a temporary or term promotion and returns the employee to the position from which temporarily promoted, or to a different position of equivalent band and pay, if the employee was informed that the promotion was to be of limited duration;
(9)
Termination of appointment on the expiration date specified as a basic condition of employment at the time the appointment was made;
(11)
Placement of an employee serving on an intermittent or seasonal basis in a temporary non-duty, non-pay status in accordance with conditions established at the time of appointment;
(12)
Reduction of an employee's rate of basic pay from a rate that is contrary to law or regulation;
(13)
An action taken under a provision of statute, other than one codified in title 5, U.S. Code, which excludes the action from 5 U.S.C. chapter 75 or this subpart;
(14)
A classification determination, including a classification determination under subpart B of this part; and
(15)
An action that entitles an employee to grade retention under 5 CFR part 536 and an action to terminate this entitlement.
(c) Employees covered.
Subject to a determination by the Secretary or designee under § 9701.102(b), this subpart applies to DHS employees, except as excluded by paragraph (d) of this section.
(1)
An employee in the competitive service who is serving a probationary, trial, or initial service period, except for a preference eligible employee in the competitive service who has completed the first year of an initial service period;
(2)
A preference eligible employee in the excepted service who has not completed 1 year of current continuous service in the same or similar positions in an Executive agency or in the United States Postal Service or Postal Rate Commission;
(3)
An employee in the excepted service (other than a preference eligible) who has not completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment of 2 years or less;
(4)
A non-preference eligible employee who is serving a time-limited appointment (including a term appointment) of 2 years or less;
(7)
Employees who are terminated in accordance with terms specified as conditions of employment at the time the appointment was made;
(9)
Employees whose positions have been determined to be of a confidential, policy-determining, policy-making, or policy-advocating character by—
(iii)
The President or the Secretary for a position excepted from the competitive service by statute;
(11)
An employee who is receiving an annuity from the Civil Service Retirement and Disability Fund or the Foreign Service Retirement and Disability Fund based on the service of such employee;
(12)
An employee who is an alien or non-citizen occupying a position outside the United States, as described in 5 U.S.C. 5102(c)(11) ;
(14)
Employees against whom an adverse personnel action is taken or imposed under any statute or regulation other than this subpart (e.g., Transportation Security Administration employees); and
(15)
Employees appointed and serving under a Schedule B excepted service appointment subject to conversion to career status pursuant to Executive Order 11203.