5 CFR §352.904

1. (a)Employees eligible. Except as provided in paragraph (b) of this section, an employee serving in a position in an agency under any of the following appointments may be granted rights under this subpart:
   1. (1)Career or career-conditional appointment in the competitive service;
   2. (2)An appointment without a specific time limit in the excepted service; or
   3. (3)A career appointment in the Senior Executive Service.
2. (b)Employee not eligible. The following employees are not eligible under this subpart:
   1. (1)An employee who is serving a trial period or probationary period under an initial appointment;
   2. (2)An employee who has received a proposed notice of involuntary separation (e.g., separation based on reduction in force, adverse action, or performance);
   3. (3)An employee who is serving in a position excepted from the competitive service under Schedule C of part 213 of this chapter, or under Presedential appointment; or
   4. (4)An employee whose resignation has been accepted for reasons other than to accept employment with the Commission.