How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Samuel II Your Own Question
Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
10707909
Type Your Employment Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I was a tenured GS-15 with service of 15 years. I left and

Customer Question

I was a tenured GS-15 with service of 15 years. I left and have now come back to the government 14 years later. I uncerstanf that I do not have a probationary period. Is that correct?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
According to the FCR the following
(c) A person who is reinstated from the Reemployment Priority List to a position in the same agency and the same commuting area does not have to serve a new probationary period, but, if separated during probation, is required to complete the probationary period in the new position.
So if the job you are now reinstated to is with the same agency and the same area, no you do not have a probationary period. But if you were say originally employed with the Department of the Treasury and now you are employed with the Secret Service, yes; there would be a new probation period.
Customer: replied 1 year ago.
Accordint to U.S. Code 315.201
As long as I served 3 years of creditable service, in a non-temporary appointment...I am a career emploee. There should not be another probationary period.
Expert:  Samuel II replied 1 year ago.
Ok. Well, I am citing the CFR At this link
Expert:  Samuel II replied 1 year ago.
I suggest you will also need to evaluate the US Code 315.201 as below(3) Substantially continuous service. A single break in creditable service of more than 30 calendar days will require the beginning of a new 3-year period, except for:
Expert:  Samuel II replied 1 year ago.
And evaluate that list of exceptions to see if you qualify under that provision.
Expert:  Samuel II replied 1 year ago.
And then there is this under the US CODE (c) Exceptions from service requirement. The service requirement for career tenure does not apply to:(1) An appointment to a position required by law to be filled on a permanent basis, or a conversion under this part while the employee is serving in such a position;(2) An appointment from a register of a person who once completed the service requirement for career tenure;(3) An appointment under§ 315.601 of a former Canal Zone Merit System employee who completed the service requirement for career tenure under that system; or(4) The reinstatement of a person who once completed the service requirement for career tenure.And based on 4 above, I suggest you could be correct and that you are not required to be on probation, except for the CFR which requires the person to be returned to the same agency.