5 CFR §359.405
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Coverage. This section covers the removal of a career appointee from the SES during the probationary period under a reduction in force.
- (b)Basis for action. The appointee must have been identified for removal from the SES under competitive procedures established by the agency in accordance with the requirements of 5 U.S.C. 3595(a). Removal action shall be taken under 5 U.S.C. 3592(a).
- (c)Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall state, as a minimum—
- (1)Whether the appointee has placement rights under § 359.701 to a position outside the SES and, if so, the position to which the appointee will be assigned;
- (2)The effective date of the action;
- (3)The appointee's appeal rights, including the time limit for appeal and the location of the Merit System Protection Board office to which an appeal should be sent; and
- (4)Such other information as may be required by OPM.