U.S. Code of Federal Regulations
Regulations most recently checked for updates: Apr 01, 2023
In this part:
Accommodation means a reasonable adjustment made to an employee's job or work environment that enables the employee to perform the duties of the position. Accommodation may include modifying the worksite; adjusting the work schedule; restructuring the job; obtaining or modifying equipment or devices; providing interpreters, readers, or personal assistants; and retraining the employee.
Basic pay means the pay an employee receives that is subject to deductions under FERS.
Commuting area has the meaning given the term “local commuting area” in § 351.203 of this chapter.
Disabled and disability means unable or inability, because of disease or injury, to render useful and efficient service in the employee's current position.
FERS means the Federal Employees' Retirement System established under chapter 84 of title 5, United States Code.
Medical condition means a health impairment resulting from a disease or injury, including a psychiatric disease. This is the same definition of “medical condition” that is found in § 339.104 of this chapter.
Medical documentation means a statement from a licensed physician, which may be supplemented by a statement from another appropriate practitioner, that provides information OPM considers necessary to determine an individual's entitlement to benefits under this part. Such a statement must meet the criteria set forth in § 339.104 of this chapter.
Military reserve technician has the same meaning given this term in 5 U.S.C. 8401(30).
OPM means the Office of Personnel Management.
Permanent position means an appointment without time limitation.
Physician and practitioner have the same meaning given these terms in § 339.104 of this chapter.
Qualified for reassignment means able to meet the minimum requirements for the grade and series of the vacant position in question.
Same grade or pay level means, in regard to a vacant position within the same pay as the position the employee currently occupies, the same grade and an equivalent amount of basic pay. A position under a different pay system or schedule is at the same pay level if the representative rate, as defined in § 532.401 of this chapter, equals the representative rate of the employee's current position.
Useful and efficient service means acceptable performance of the critical or essential elements of the position; and satisfactory conduct and attendance.
Vacant position means an unoccupied position of the same grade or pay level and tenure for which the employee is qualified for reassignment that is located in the same commuting area and, except in the case of a military reserve technician, is serviced by the same appointing authority of the employing agency. The vacant position must be full time, unless the employee's current position is less than full time, in which case the vacant position must have a work schedule of no less time than that of the current position. In the case of an employee of the United States Postal Service, a vacant position does not include a position in a different craft or a position to which reassignment would be inconsistent with the terms of a collective bargaining agreement covering the employee.