§3395 Reassignment and Transfer Within the Senior Executive Service

Summary

Career Senior Executive Service (SES) employees can be moved to any SES job in the same agency if they are qualified, and they can transfer to an SES job in another agency with the new agency’s approval. Usually the employee must get written notice at least 15 days before the move. If the move is outside the employee’s commuting area, the agency must talk with the employee about the reasons and the employee’s preferences first, and then give written notice with the reasons at least 60 days before the move. The employee can give written consent to waive the 60-day notice. A career SES employee cannot be forced to move within 120 days after a new agency head is appointed or within 120 days after the appointment of the employee’s immediate supervisor who is a noncareer appointee and can make the employee’s initial performance rating, except for certain reassignments under section 4314(b)(3) or disciplinary actions already started. Up to 60 days spent on a temporary detail are not counted toward that 120-day period. Limited emergency SES appointees may be moved within the same agency to meet a real, unexpected urgent need, but they may not serve under such appointments for more than 18 months total. Limited term SES appointees may be moved within the same agency to a job that ends in 3 years or less, and they may not serve under such appointments for more than 3 years total. Neither limited emergency nor limited term appointees may be appointed or kept in such status if, in the past 48 months, they have already served more than 36 months in those kinds of appointments. Noncareer SES appointees may be reassigned to any general position in their agency for which they are qualified, and may transfer to another agency with that agency’s approval.