---
kind: "section"
citation: "5 C.F.R. § 352.806"
title: "5"
number: "352.806"
heading: "Return to Federal employment."
url: "https://uscodex.org/cfr/5/352.806"
---

# §352.806. Return to Federal employment.

- (a) **Conditions—** Reemployment rights may be exercised only under the following conditions. The employees must apply in writing to their former or successor agency:
  - (1) No less that 30 calendar days before completion of the specified period of service with the Institute; or
  - (2) No more than 30 calendar days after involuntary separation from the Institute; or
  - (3) No more than 30 calendar days after separation based on personal hardship or other special circumstances with the consent of Institute and former employing agency.
- (b) An agency must act on the former employee's request for reemployment within 30 calendar days of receipt thereof, i.e., the agency must provide the employee with a written notice stating the agency's decision whether to reemploy and the position being offered, if the employee is to be reemployed.
- (c) **Termination of reemployment rights.** A former employee's entitlement to reemployment terminates for:
  - (1) Failure to apply, except for good cause shown, for reemployment within the time limits stated in [paragraph (a)](#a) of this section;
  - (2) Resignation from the Institute without the consent of the Institute or the former employing agency; or
  - (3) Failure to accept, within 15 workdays of receipt thereof, an offer of reemployment under [§ 352.803](/cfr/5/352.803.md) which is determined to be a proper offer of reemployment by the employing agency and by Merit Systems Protection Board (MSPB), if appealed.

## Notes

### Authority

Authority: 22 U.S.C. 3310; E.O. 12143, 44 FR 37191; Section 352.807 also issued under 22 U.S.C. 3310; E.O. 12143, 45 FR 37452.

### Source

Source: 46 FR 8433, Jan. 27, 1981, unless otherwise noted.

### Source

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