---
kind: "section"
citation: "5 C.F.R. § 352.204"
title: "5"
number: "352.204"
heading: "Basic eligibility for reemployment rights."
url: "https://uscodex.org/cfr/5/352.204"
---

# §352.204. Basic eligibility for reemployment rights.

- (a) **Employees eligible.** The following employees in the executive branch of the Government are eligible to be granted reemployment rights when they are hired by another executive agency without break in service of a full workday by transfer or reinstatement, or by excepted appointment, in a position which the agency is currently authorized to fill with reemployment rights:
  - (1) An employee serving in a competitive position under a career or career-conditional appointment;
  - (2) An employee serving under a career appointment in the Senior Executive Service (SES); or
  - (3) **A nontemporary excepted employee.**
- (b) **Employees not eligible.** The following employees are not eligible to be granted reemployment rights:
  - (1) An employee who is serving a probationary or trial period under an appointment to a position in the excepted or competitive service or the SES.
  - (2) An employee serving in an obligated position;
  - (3) An employee serving with reemployment rights granted under this subpart;
  - (4) An employee who has received a notice of involuntary separation because of reduction in force or otherwise; or
  - (5) **An employee who has already submitted a resignation.**

## Notes

### Amendments

[33 FR 12433, Sept. 4, 1968, as amended at 51 FR 25187, July 11, 1986]

### Authority

Authority: 5 U.S.C. 3101 note, 3301, 3131 et seq. 3302; E.O. 10577, 3 CFR 1954-1958 Com., p. 218; sec. 352. 209 also issued under 5 U.S.C. 7701, et seq.

### Source

Source: 33 FR 12433, Sept. 4, 1968, unless otherwise noted.

### Amendments

[33 FR 12433, Sept. 4, 1968, as amended at 51 FR 25187, July 11, 1986]