[Code of Federal Regulations]
[Title 5, Volume 1, Parts 1 to 699]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR351.807]

[Page 262]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 351--REDUCTION IN FORCE--Table of Contents
 
                      Subpart H--Notice to Employee
 
Sec. 351.807  Certification of Expected Separation.

    (a) For the purpose of enabling otherwise eligible employees to be 
considered for eligibility to participate in dislocated worker programs 
under the Workforce Investment Act of 1998 administered by the U.S. 
Department of Labor, an agency may issue a Certificate of Expected 
Separation to a competing employee who the agency believes, with a 
reasonable degree of certainty, will be separated from Federal 
employment by reduction in force procedures under this part. A 
certification may be issued up to 6 months prior to the effective date 
of the reduction in force.
    (b) This certification may be issued to a competing employee only 
when the agency determines:
    (1) There is a good likelihood the employee will be separated under 
this part;
    (2) Employment opportunities in the same or similar position in the 
local commuting area are limited or nonexistent;
    (3) Placement opportunities within the employee's own or other 
Federal agencies in the local commuting area are limited or nonexistent; 
and
    (4) If eligible for optional retirement, the employee has not filed 
a retirement application or otherwise indicated in writing an intent to 
retire.
    (c) A certification is to be addressed to each individual eligible 
employee and must be signed by an appropriate agency official. A 
certification must contain the expected date of reduction in force, a 
statement that each factor in paragraph (b) of this section has been 
satisfied, and a description of Workforce Investment Act of 1998, title 
I, programs, the Interagency Placement Program, and the Reemployment 
Priority List.
    (d) A certification may not be used to satisfy any of the notice 
requirements elsewhere in this subpart.
    (e) An agency determination of eligibility for certification may not 
be appealed to OPM or the Merit Systems Protection Board.
    (f) An agency may also enroll eligible employees in the Interagency 
Placement Program and the Reemployment Priority List up to 6 months in 
advance of a reduction in force. For requirements and criteria for these 
programs, see subparts B and C of part 330 of this chapter.

[60 FR 2678, Jan. 11, 1995, as amended at 60 FR 44254, Aug. 25, 1995; 65 
FR 64134, Oct. 26, 2000]