5 U.S.C. § 3352 — Preference in transfers for employees making certain disclosures
submitted 37 years ago by Pub. L. 101-12 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 401 words · no verdicts yet
This section permits an agency to give certain employees preference for one transfer after the Merit Systems Protection Board finds a prohibited personnel action. The position’s status and tenure are measured on the date the employee applies for transfer, and the section requires reasons and review when a transfer is denied.
(a) Subject to subsections (d) and (e), the head of an Executive agency may give an employee of that agency or another Executive agency preference for a position with the same status and tenure as the employee’s position on the date the employee applies for transfer under subsection (b), if—(1) the employee is otherwise qualified; (2) the employee is eligible for appointment; and (3) the Merit Systems Protection Board determines under chapter 12 that the employee suffered a prohibited personnel action described in section 2302(b)(8).
(b) An employee meeting subsection (a)(1), (2), and (3) may voluntarily apply for that kind of transfer within the employee’s agency or another Executive agency.
(c) If the selecting official rejects the application, the official must give the employee written reasons within 30 days after receiving it.
(d) The employee may ask the agency head to review the rejection within 30 days after receiving the subsection (c) notice. Within 30 days after receiving the request, the agency head must finish the review and give written findings to the employee and the Merit Systems Protection Board.
(e) Subsection (a) applies to an employee—(1) for no more than one transfer; (2) for a transfer from or within the agency employing the employee when the Board determined that the prohibited personnel action occurred; and (3) no later than 18 months after that determination.
(f) Despite subsection (a), no preference may be given to an employee applying under subsection (b) against a preference eligible, as defined in section 2108(3), applying for the same position.
Subject to the provisions of subsections (d) and (e), in filling a position within any Executive agency, the head of such agency may give preference to any employee of such agency, or any other Executive agency, to transfer to a position of the same status and tenure as the position of such employee on the date of applying for a transfer under subsection (b) if—
such employee is otherwise qualified for such position;
such employee is eligible for appointment to such position; and
the Merit Systems Protection Board makes a determination under the provisions of chapter 12 that a prohibited personnel action described under section 2302(b)(8) was taken against such employee.
An employee who meets the conditions described under subsection (a)(1), (2), and (3) may voluntarily apply for a transfer to a position, as described in subsection (a), within the Executive agency employing such employee or any other Executive agency.
If an employee applies for a transfer under the provisions of subsection (b) and the selecting official rejects such application, the selecting official shall provide the employee with a written notification of the reasons for the rejection within 30 days after receiving such application.
An employee whose application for transfer is rejected under the provisions of subsection (c) may request the head of such agency to review the rejection. Such request for review shall be submitted to the head of the agency within 30 days after the employee receives notification under subsection (c). Within 30 days after receiving a request for review, the head of the agency shall complete the review and provide a written statement of findings to the employee and the Merit Systems Protection Board.
The provisions of subsection (a) shall apply with regard to any employee—
for no more than 1 transfer;
for a transfer from or within the agency such employee is employed at the time of a determination by the Merit Systems Protection Board that a prohibited personnel action as described under section 2302(b)(8) was taken against such employee; and
no later than 18 months after such a determination is made by the Merit Systems Protection Board.
Notwithstanding the provisions of subsection (a), no preference may be given to any employee applying for a transfer under subsection (b), with respect to a preference eligible (as defined under section 2108(3)) applying for the same position.
Source credit: (Added Pub. L. 101–12, § 5(a), Apr. 10, 1989, 103 Stat. 32.)
- 1989Enacted · Pub. L. 101-12 · 103 Stat. 32
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-12 on 1989-04-10.
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