---
kind: "section"
citation: "5 C.F.R. § 352.705"
title: "5"
number: "352.705"
heading: "Return to Federal employment."
url: "https://uscodex.org/cfr/5/352.705"
---

# §352.705. Return to Federal employment.

- (a) **Conditions.** Reemployment rights may be exercised only under the following conditions. The individual must apply in writing to the former employing agency for reemployment not later than 30 calendar days after:
  - (1) **Receipt of notice of involuntary separation from tribal employment.** For this purpose, involuntary separation means any separation against the will and without consent of the individual.
  - (2) Reversion of the function to Federal operation, whether reversion is through tribal or Federal action; or
  - (3) Separation with the joint consent of the tribal organization and the Federal agency for reasons of personal hardship or other special circumstances.
- (b) **Termination.** A former employee's entitlement to reemployment terminates for:
  - (1) Failure to apply for reemployment within the time limit stated in [paragraph (a)](#a) of this section;
  - (2) Resignation from tribal service without the joint consent, described in [paragraph (a)(3)](#a-3) of this section, of the tribal organization and the Federal employer; or
  - (3) Failure to accept, within 10 calendar days of receipt thereof, an offer of reemployment made under [§ 352.706](/cfr/5/352.706.md) which is determined by the employing agency or by the Merit Systems Protection Board on appeal to be a proper offer of reemployment.

## Notes

### Authority

Authority: Sec. 105(i), Pub. L. 93-638, 88 Stat. 2210 (25 U.S.C. 450); E.O. 11899; 41 FR 3459; Section 352.707 also issued under 5 U.S.C. 7701, et seq.

### Source

Source: 41 FR 27713, July 6, 1976, unless otherwise noted.

### Source

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