[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1614.505]

[Page 283]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1614--FEDERAL SECTOR EQUAL EMPLOYMENT OPPORTUNITY--Table of Contents
 
                   Subpart E--Remedies and Enforcement
 
Sec. 1614.505  Interim relief.

    (a)(1) When the agency appeals and the case involves removal, 
separation, or suspension continuing beyond the date of the appeal, and 
when the administrative judge's decision orders retroactive restoration, 
the agency shall comply with the decision to the extent of the temporary 
or conditional restoration of the employee to duty status in the 
position specified in the decision, pending the outcome of the agency 
appeal. The employee may decline the offer of interim relief.
    (2) Service under the temporary or conditional restoration 
provisions of paragraph (a)(1) of this section shall be credited toward 
the completion of a probationary or trial period, eligibility for a 
within-grade increase, or the completion of the service requirement for 
career tenure, if the Commission upholds the decision on appeal. Such 
service shall not be credited toward the completion of any applicable 
probationary or trial period or the completion of the service 
requirement for career tenure if the Commission reverses the decision on 
appeal.
    (3) When the agency appeals, it may delay the payment of any amount, 
other than prospective pay and benefits, ordered to be paid to the 
complainant until after the appeal is resolved. If the agency delays 
payment of any amount pending the outcome of the appeal and the 
resolution of the appeal requires the agency to make the payment, then 
the agency shall pay interest from the date of the original decision 
until payment is made.
    (4) The agency shall notify the Commission and the employee in 
writing at the same time it appeals that the relief it provides is 
temporary or conditional and, if applicable, that it will delay the 
payment of any amounts owed but will pay interest as specified in 
paragraph (b)(2) of this section. Failure of the agency to provide 
notification will result in the dismissal of the agency's appeal.
    (5) The agency may, by notice to the complainant, decline to return 
the complainant to his or her place of employment if it determines that 
the return or presence of the complainant will be unduly disruptive to 
the work environment. However, prospective pay and benefits must be 
provided. The determination not to return the complainant to his or her 
place of employment is not reviewable. A grant of interim relief does 
not insulate a complainant from subsequent disciplinary or adverse 
action.
    (b) If the agency files an appeal and has not provided required 
interim relief, the complainant may request dismissal of the agency's 
appeal. Any such request must be filed with the Office of Federal 
Operations within 25 days of the date of service of the agency's appeal. 
A copy of the request must be served on the agency at the same time it 
is filed with EEOC. The agency may respond with evidence and argument to 
the complainant's request to dismiss within 15 days of the date of 
service of the request.

[64 FR 37660, July 12, 1999]