§3395 Reassignment and transfer within the Senior Executive Service

Summary

Lets career Senior Executive Service (SES) employees be moved to other SES jobs they are qualified for inside their agency, and let them transfer to SES jobs in other agencies with the receiving agency’s OK. For moves inside the agency the employee must get written notice at least 15 days before the move. If the move is outside the employee’s normal commuting area, the agency must first talk with the employee about the reasons and the employee’s preferences, and then give at least 60 days’ written notice that explains why. The employee may waive that longer notice in writing. Limited emergency moves to meet an urgent, unplanned need are allowed but the employee may not serve under such emergency appointments more than 18 months. Limited term moves are allowed for jobs that end within 3 years, but the appointee may not serve more than 3 years under such appointments. Also, someone who has served more than 36 months in the past 48 months under any mix of limited term or limited emergency appointments cannot be placed or kept in those kinds of appointments. Noncareer appointees may be moved to any general job in their agency they are qualified for, and may transfer to a general job in another agency if that agency agrees. A career SES employee cannot be forced to move during the first 120 days after a new agency head is appointed or during the first 120 days after a new immediate supervisor (who is a noncareer appointee and can give the initial performance rating) is appointed, except for certain performance-rule reassignments or disciplinary actions that started before the appointment. Up to 60 days of temporary detail away from the regular job can be ignored when counting those 120 days.