Four federal organizations stated that there were discrepancies in using the word “if” in paragraph 335 103(c)(1)(vi) and the word “provided” in paragraph 335 103(c)(3)(viii) and recommended that the same word be changed and used in both places to ensure consistency. OPM disagrees. Paragraph 335.103(c)(1)(vi) originally stated that an organization must apply competitive bidding procedures to obtain reinstatement to a higher rank or with more potential for promotion. This rule added the phrase “if” the person did not wait at least one year to reapply or did not have the current rating of Complete Success or higher. Paragraph 335.103(c)(3)(viii) is a new section that provides that an organization may exempt from the competitive process the reinstatement of an employee of a higher rank or with greater potential for promotion, “provided” that the employee has waited at least one year and has a final rating of Complete Success or higher. Thus, the two provisions are not parallel. “If” means “on condition that” and “provided” means “for as long as”. Therefore, OPM does not adopt this proposal. If you meet the eligibility criteria for reinstatement, contact organizations in your area to determine if there are any vacancies. If an agency knows that a fully qualified candidate for reinstatement is available and meets the reintegration requirements, the agency has the option to hire that person. Agencies like this option for several reasons. First of all, they get a trained and qualified employee. Second, they do not have to advertise the vacancy, which saves them a lot of time, sometimes months, including staff processing measures to fill the position.
If you did not complete a required probationary period during the previous service as part of the appointment on which your right to reinstatement is based, in most cases you will have to serve a full probationary period of one year after reinstatement. There are certain limitations. The employee must not have been in the public service for at least one year before applying for reinstatement and must have received a fully successful assessment during his or her last performance review. In addition, you are entitled to a selection priority through the Interagency Career Transition Assistance Plan (ITAP) for positions in organizations other than your previous organization in the suburban area where you were at the time of termination. Notification of pension termination is your proof of eligibility for ICTAP and must be submitted with all applications. Their eligibility under the ICTAP expires one year after the date of notification. You do not need to provide the current or final performance evaluation required for other ICTAP candidates. (10) periods of unemployment during which a person is entitled to compensation for injury under the Workers` Compensation Bureau Program; You must have held a professional or career-related position at some point in the past. If so, there is no time limit to reintegration eligibility for those who: prefer veterans or have obtained a career-related mandate by completing 3 years of essentially continuous eligible service.
The order also does not exempt from a three-year limit on re-employment eligibility for former federal organizations that have not reached the three-year mark of employment in the federal public service, even though other former career employees have lifetime eligibility to be reinstated under this authority. Two federal organizations proposed to remove the proposed requirement that an individual must have received a fully successful rating to be eligible under these rules. These organizations suggested that the OPM replace this requirement, taking into account an individual`s overall federal employment record. OPM does not accept this proposal. The requirement that an individual have a reference rating below 5 CFR Part 430 is consistent with 5 CFR 335.104, which ensures consistency and fairness to federal employees competing for the same position through promotions on the career ladder. A person whose last assessment was not completely successful or whose equivalent can still compete for federal positions under normal competitive procedures. One federal agency suggested that the OPM grant an exemption from the ICTAP under this hiring authority. OPM does not accept this proposal. The objective of ICTAP is to refer involuntarily separated employees to comparable positions for which they are considered well qualified. In other words, ICTAP is a way to “make healthy” an employee whose career has been disrupted without that employee`s fault (or action). An exception to the ICTAP would remove the selection priority that ICTAP eligible individuals would otherwise have when applying for jobs.
Seven individuals, two federal agencies and the Federal Employees Union noted that this hiring power was being abused, questioning the fairness of allowing former federal employees not to return to federal service competitively at higher ranks when current federal employees have to compete for higher ranks. Many safety precautions are built into this increased flexibility. This flexibility was proposed as a margin of appreciation under Part 335 of 5 CFR. This means that an agency may, but is not obliged to, exempt reinstatement actions from the competition procedures provided for in Part 335. Discretionary measures must be taken in accordance with the rental agency`s performance promotion plans under 5 CFR 335.103 and any collective agreement entered into by the hiring agency. Before an agency can select a former employee and reinstate them in a position at a higher level of remuneration or with a higher promotion potential than the position the person previously held, the agency must be known to the public through a job offer, remove its List of Priorities for Re-Employment (RPL) as well as its Career Transition Assistance Plans (CTAP). and Inter-Institutional Career Transition Support Plans (ICTAP); Applicants under the Veterans Employment Opportunities Act of 1998, as amended (VEOA), 5 U.S.C. 3304 (f) and the Land Management Workforce Flexibility Act; and assess whether the individual meets all qualification requirements for the position to which they will be reinstated. OpM will assess the use of this flexibility by agencies as part of their ongoing supervisory work or consider whether a specific assessment of this flexibility should be carried out after it has been in service for one year, depending on the quantity used. OPM`s objective in amending its reinstatement order is to expand the organization`s choices by allowing an organization to select and re-employ successful former federal employees who have acquired new knowledge, skills and abilities from outside government that qualify them for advertised positions. An agency can also review and select candidates who have qualified through normal progression through defined milestones and grades and the agency`s performance promotion program.
OPM believes that enabling these decisions will improve the quality of hiring and therefore of government in general, and allow organizations to leverage the knowledge, skills and capabilities acquired and developed both within and outside the federal sector, improve the diversity of thoughts and methods, and enrich the workforce. In this scenario, the federal government recovers the value of the training and development invested in the employee if he or she has previously been in the federal public service and reaps the benefits of the additional training and development that the individual received while working outside of government. .