HC 1994-01 (OOP 94-01), Time-Limited Promotions
Release Date: May 18, 1994
Expiration Date: Retain until obsolete
Reference: SM 370.335.3
The Office of Personnel Management (OPM) issued final regulations effective December 9, 1993, replacing the term and temporary promotion authorities with a single time-limited promotion authority for up to 5 years. This new authority allows agencies to make time-limited promotions to fill temporary positions, accomplish project work, fill positions temporarily pending reorganization or downsizing, or meet other temporary needs in increments of up to but not exceeding the 5- year limit unless OPM approval is granted to make or extend the time-limited promotion for a longer period.
The 5-year time limit applies to the total continuous time an employee is temporarily promoted without new competition. OPM has provided the following instructions regarding the 5-year time limit:
A. If an employee is noncompetitively promoted or detailed to a higher graded position for 120 days, and the promotion is extended after competition has been held, the first 120 days counts towards the 5-year limit.
B. If an employee competes and is selected for a temporary promotion and later competes and is selected for a second temporary promotion (either at the same or a higher grade), the 5-year period starts over with the second temporary promotion.
A detail to a higher graded position or a time-limited promotion not exceeding 120 days during any consecutive 12-month period may be made noncompetitively. OPM is making no change in the existing requirement that a promotion for a cumulative period of more than 120 days is subject to merit promotion competition, except in those instances where an employee is in a career ladder position that has higher promotion potential, is eligible for noncompetitive repromotion, or is in a position reclassified at a higher grade because of additional duties and responsibilities. In computing the 120 days, prior service under all details to higher graded positions and time-limited promotions during any consecutive 12-month period must be counted toward the 120-day limit.
Employees given time-limited promotions will be given advance written notice of the conditions of the promotion. A statement of understanding (Attachments A and B) will serve as this notice and will include the time limit of the promotion; the reason for the time limit; the requirement for competition should the promotion extend beyond 120 days (if applicable); the facts that the employee may be returned at any time to the position from which temporarily promoted, or to a different position of equivalent grade; and that the return is not subject to adverse action procedures. Every effort will be made to provide the employee with the written notice prior to the effective date of the action. In situations where it is not possible to provide advance written notice prior to the effective date, the conditions of the promotion will be verbally communicated to the employee and written notice will be given as soon as possible after the time-limited promotion is made. The signed copy of the statement of understanding will be filed on the left side of the employee's official personnel folder.
Employees currently serving under temporary or term promotions effected prior to December 9, 1993, may have their promotions extended for up to a total of 5 years if circumstances so warrant. However, time served prior to such extension counts towards the total 5-year limit. The employee currently serving under the temporary/term promotion will be required to sign an agreement of extension (Attachment C) outlining the period of time for which the time-limited promotion is extended and that all other provisions outlined in their original temporary/term promotion agreement remain in effect. A copy of this signed agreement of extension will be placed on the left side of the employee's official personnel folder.
Upon completion or termination of the time-limited assignment, the employee will be returned to the position from which promoted or to a different position of equivalent grade. In such instances, return to former grade is neither grievable nor an adverse action. When individuals return to their former position (or its equivalent in grade), pay will be adjusted: (1) to that earned immediately prior to the original promotion, plus any comparability increases and within grade increases which would have accrued to the employee had they remained in the original position; OR (2) based on highest previous rate received under the time-limited assignment provided the employee's time-limited promotion lasted for 1 year or more. Federal personnel regulations which govern pay setting allow for either of the above options to be used when setting salary after a time-limited promotion. Pay setting policies are established within each division and servicing personnel offices will set pay for individuals returning to the position from which promoted (or its equivalent in grade) based upon the applicable division policy.
Requests for time-limited promotions must be supported with a justification which specifically describes the reason for the "temporary" nature of the assignment and the time limit of the assignment. Time-limited promotions initially made for a period of less than 5 years may be extended in increments up to but not exceeding the maximum 5-year limit unless an extension is requested in writing and approved by OPM. In addition, time-limited promotions may be made permanent without further competition if they are originally made under competitive procedures and the competitive announcement included a statement that the assignment may lead to permanent promotion. Where applicable, employees serving on time-limited promotions will be required to serve a 1-year probationary period as a newly appointed supervisor or manager. In instances where an employee is selected for a second promotion while serving under a time-limited promotion, there is no need or requirement to process a change to lower grade personnel action before processing the second promotion unless the employee will actually return to the former position.
If you have any questions regarding the above guidance which is provided for implementation of this new authority, please call your servicing personnel staffing specialist.
Attachment A
STATEMENT OF UNDERSTANDING
REGARDING CONDITIONS OF TIME-LIMITED PROMOTION
This statement of understanding provides important facts regarding your time-limited promotion.
This time-limited promotion is for a period not-to-exceed (state number) years from the effective date of your assignment to the position. This time-limited assignment can be extended in increments up to but not exceeding the 5-year limit unless an extension is requested in writing and approved by the Office of Personnel Management.
This promotion is time-limited because (state reasons). Management retains the right to terminate this promotion at any time prior to the not-to-exceed date for legitimate agency operational reasons above and beyond conditions pertaining to your actual performance (i.e., budgetary reductions, etc.). Upon completion or termination of this time-limited promotion, your return to your former position (or its equivalent) will not be subject to the usual notice procedures required for actions based upon performance or misconduct (Parts 432 and 752 respectively, Code of Federal Regulations) and will not be grievable.
Upon completion or termination of this time-limited promotion, you will be returned to the position from which you were promoted, or to a different position of equivalent grade and status.
This time-limited promotion has been advertised as offering the possibility of being made permanent. While not guaranteed, you are advised that this time-limited promotion action may become permanent without further competition on your part.
You will be required to serve a 1-year probationary period as a newly appointed supervisor or manager. Unsatisfactory performance of supervisory or managerial duties during this period may result in termination of the time-limited promotion and return to the position from which you were promoted or to a different position of equivalent grade and pay. If you complete this probationary period satisfactorily, you will not be required to serve a new probationary period if you are later assigned to another supervisory or managerial position.
PAY SETTING:
When returned to your former position (or its equivalent in grade and pay) upon completion or termination of this time-limited promotion, your pay will be adjusted to that earned immediately prior to your acceptance of this time-limited promotion, plus any comparability increases and within grade increases which would have accrued to you had you remained your original position.
When returned to your former position (or its equivalent in grade) upon completion or termination of this time-limited promotion, highest previous rate received under the time-limited promotion will be used in setting your salary at the lower grade provided the time-limited promotion lasted for 1 year or more. Specifically, your salary in the new grade level will be matched as closely as possible to that which you received under the time-limited promotion. However, if termination of this time-limited promotion is the result of unsatisfactory performance, your pay will be adjusted to that earned immediately prior to your acceptance of this time-limited promotion, plus any comparability increases and within grade increases which would have accrued to you had you remained in your original position.
I have read, understand, and accept the above stated terms and conditions applicable to this time-limited promotion to the position of (state name of position).
Date
Signature
Attachment B
STATEMENT OF UNDERSTANDING
REGARDING CONDITIONS OF 120-DAY TIME-LIMITED PROMOTION
This statement of understanding provides important facts regarding your time-limited promotion.
This time-limited promotion, effective (date), is for a period not-to-exceed 120 days, and will expire effective (date). Should this time-limited promotion extend beyond 120 days, competitive procedures must be followed.
This promotion is time-limited because (give reason).
Management retains the right to terminate this promotion at any time prior to the not-to-exceed date for legitimate agency operational reasons above and beyond conditions pertaining to your actual performance (i.e., budgetary reductions, etc.). Upon completion or termination of this time-limited promotion, your return to your former position (or its equivalent in grade and pay) will not be subject to the usual notice procedures required for actions based upon performance or misconduct (Parts 432 and 752 respectively, Code of Federal Regulations) and will not be grievable.
Upon completion or termination of this time-limited assignment, you will be returned to your former position and your pay will be adjusted to that earned immediately prior to your acceptance of this time-limited promotion, plus any comparability increases and within grade increases which would have accrued to you had you remained in your original position.
I have read, understand, and accept the above stated terms and conditions applicable to this time limited promotion to the position of (name of position).
Date
Signature
Attachment C
STATEMENT OF UNDERSTANDING
REGARDING EXTENSION OF YOUR TIME-LIMITED PROMOTION
Effective December 9, 1993, the Office of Personnel Management (OPM) replaced the existing temporary and term promotion authorities with a single time-limited promotion authority for up to 5 years. Your current temporary/term promotion is being extended for an additional ( ) year/s under this authority. This time-limited assignment cannot be extended beyond 5 years unless an extension is requested in writing and approved by OPM. All other provisions outlined in your temporary/term promotion agreement signed by you on (date) remain in effect.
I have read, understand, and accept the above stated terms and conditions applicable to this extension of my time limited promotion to the position of (name of position).
Date
Signature