Court of Appeals for Federal Circuit from Lafayette Square, across from White Hous The MSPB said it had no jurisdiction to hear an appeal on grounds that the probationary period hadn’t been completed and the appeals court has now agreed. The court ruled that the employee could not “tack on” the time in an excepted service supervisory position to fulfill the time requirement of the compete Image: Bill Perry/Shutterstock.com
A recent court ruling underscores that the probationary period for a supervisory position is separate from other probationary periods for purposes of rights to appeal personnel actions.
The case before the Court of Appeals for the Federal Circuit involved an employee who held an excepted service supervisory position and was transferred without a break in service to a competitive service supervisory position. However, the court recounted that before the end of that period the employee was demoted to a non-supervisory position.itive service position, according to an MSPB summary.
That would be “generally permitted between two competitive-service supervisory positions. However, the tacking of supervisory roles in the excepted and competitive services is prohibited,” it said.
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