---
kind: "section"
citation: "5 C.F.R. § 359.702"
title: "5"
number: "359.702"
heading: "Placement rights."
url: "https://uscodex.org/cfr/5/359.702"
---

# §359.702. Placement rights.

- (a) An appointee covered by this subpart is entitled to be placed in a vacant civil service position (other than an SES position) in any agency that is—
  - (1) A continuing position at GS-15 or above, or equivalent, that will last at least three months; and
  - (2) **A position for which the appointee meets the qualifications requirements.**
- (b) A probationary appointee, or a nonprobationary appointee who at the time of appointment to the SES held a career or career-conditional appointment (or an appointment of equivalent tenure, as defined in [§ 359.701(a)](/cfr/5/359.701.md?p=a)), is entitled to be placed in a position of tenure equivalent to that of the appointment held at the time of appointment to the SES. This tenure requirement does not apply—
  - (1) If the agency taking the removal action does not have a position of equivalent tenure for which the appointee meets the qualifications requirements; or
  - (2) If the appointee is willing to accept a position having a different tenure.

## Notes

### Authority

Authority: 5 U.S.C. 1302, 3302, and 3596, unless otherwise noted.

### Source

Source: 54 FR 18876, May 3, 1989, unless otherwise noted.