Home >Resources >Provisions for Hiring and Retention

Provisions for Hiring and Retention

The NIH works with the Department and the NIH ICs on the use of special hiring authorities available to them when employing people with disabilities. A more detailed description of each special appointing authority and hiring schedule follows:

Special Hiring Provisions:

1. Schedule A, 5 CFR 213. 3102(ii) for hiring readers, interpreters, and personal assistants. This excepted authority is used to appoint readers, interpreters, and personal assistants for employees with severe disabilities. After one year of satisfactory service, they may qualify for conversion to permanent status.
2. Schedule A, 5 CFR 213.3102(t) for hiring people with mental retardation. This excepted authority is used to appoint persons with cognitive disabilities (mental retardation). They may qualify for conversion to permanent status after two years of satisfactory service.
3. Schedule A, 5 CFR 213.3102(u) for hiring people with severe physical disabilities. This excepted authority is used to appoint persons with severe physical disabilities who have demonstrated satisfactory performance through a temporary appointment, or have been certified as likely to succeed in performing the duties of the job. After two years of satisfactory service, they may qualify for conversion to permanent status.
4. Schedule A, 5 CFR 213.3102(k) for hiring people who have recovered from mental illness. This excepted authority is used to appoint persons who are certified that they are at a severe disadvantage in obtaining employment because of disrupted employment due to hospitalization or outpatient treatment for psychiatric disabilities. Certification also ensures that they are capable of functioning in the position for which they will be appointed, and that any residual disabilities are not job-related.

Hiring Authorities Available for People with Disabilities:

This section describes appointment authorities specifically used to hire people with disabilities as well as other authorities commonly used to hire people with disabilities.

1. People with Severe Physical Disabilities: There are two different Schedule A appointing authorities available to hire people with severe physical disabilities for employment.
   
   1. Option 1 - Leading to Continuing Positions:
      1. This program is designed to help qualified people with physical disabilities obtain employment in positions consistent with their level of skills and abilities, at grades GS-1 to GS-15 or under the Federal Wage System [5 CFR 213.3102(u)].
      2. Requirements: Persons may be appointed if (1) they have already demonstrated their ability to perform the position duties satisfactorily on a temporary trial appointment or (2) they have been certified by counselors of State Vocational Rehabilitation Agencies or the Department of Veterans Affairs as likely to succeed in the performance of the position duties.
      3. Type of Appointment: Excepted service.
      4. Conversion to Permanent Position: After completing two years of satisfactory performance, employees may be converted to appointments in the competitive service [5 CFR 315.709].
   2. Option 2 - Time-Limited Positions: This authority is designed to help qualified people with physical disabilities obtain time-limited employment in positions consistent with their level of skills and abilities at grades GS-1 to GS-15 or under the Federal Wage System [5 CFR 213.3102(i)(3)]
      1. Requirements: Persons may be appointed when OPM has determined that examining is impractical.
      2. Type of Appointment: Excepted service.
      3. Conversion to Permanent Position: There is no provision under this authority for conversion to a permanent appointment when the time-limited appointment expires. However, conversion to appointments which lead to continuing positions, as described above, is possible.

People with Mental Retardation:

There is one Schedule A appointment authority available to hire people with mental retardation [5 CFR 213.3102(t)].

1. Requirements: Persons may be appointed based on certification from the appropriate State Vocational Rehabilitation Agency that they have the ability to perform the position duties, are physically qualified to do the work without risk to themselves or others, and are competent to maintain themselves in a work environment.
2. Type of Appointment: Excepted service.
3. Conversion to Permanent Position: After completing two years of successful service, employees may be converted to appointments in the competitive service [5 CFR 315.709].

People with Psychiatric Disabilities:

There are both continuing and time-limited Schedule A hiring authorities available to hire people with psychiatric disabilities.

1. Option 1- Leading to Continuing Positions: This program is designed to help qualified people with psychiatric disabilities obtain employment in positions consistent with their level of skills and abilities, at grades GS-1 to GS-15 or under the Federal Wage System [5 CFR 213.3102(g)].
   
   1. Requirements: Persons may be appointed if (1) they have already demonstrated their ability to perform the position duties satisfactorily on a temporary appointment or (2) they have been certified by counselors of State Vocational Rehabilitation Agencies or the Department of Veterans Affairs as likely to succeed in the performance of the position duties.
   2. Type of Appointment: Excepted service.
   3. Conversion to Permanent Position: After completing two years of satisfactory performance, employees may be converted to appointments in the competitive service [5 CFR 315.709].
2. Option 2- Time-Limited Positions: This authority is designed to help qualified people with psychiatric disabilities obtain time-limited employment in positions consistent with their level of skills and abilities at grades GS-1 to GS-15 or under the Federal Wage System [5 CFR 213.3102(i)(3)].
   
   1. Requirements: Persons may be appointed when OPM has determined that examining is impractical.
   2. Type of Appointment: Excepted service.
      1. Disabled Veterans (30 percent or more): Veterans with a compensable service-connected disability of 30 percent or more may be appointed at any grade level for which they are qualified [5 CFR 316.402(b)(4) and 5 CFR 316.302(b)(4)].
3. Hiring Readers, Interpreters, and other Personal Assistants Schedule A, 5 CFR 213.3102(ii) permits appointment of readers, interpreters, and personal assistants for employees with disabilities. The authority applies when filled on a full-time, part-time, or intermittent basis.
   1. Type of Appointment: Excepted service.
   2. Conversion to Permanent Position: Employees hired under this provision may be converted to competitive service when both of the following conditions are met: (1) the person has completed at least one year of satisfactory service in such a position under a non-temporary appointment and (2) employment as a reader, interpreter, or personal assistant is no longer necessary for reasons beyond management's control, e.g., resignation or reassignment of the person being assisted [5 CFR 315.711].

The following are other frequently used appointment authorities that can be used to hire people with disabilities:

1. Veterans' Readjustment Appointment (VRA): This law allows the hiring of eligible veterans without competition at the GS-11 grade level and below.
1. Requirements: Generally, veterans must have served on active duty for more than 180 days, any part of which occurred after August 4, 1964 (or February 28, 1961, for those who served in the Republic of Vietnam), and have received other than a dishonorable discharge [5 CFR 307.103]. For alternate ways to become eligible under VRA, see 5 CFR 307.101.
2. Time Limits: To be eligible for a VRA appointment, an otherwise eligible veteran must be appointed within 10 years of his or her last discharge from active duty. These time limits do not apply to a veteran with a 30 percent or more service-connected disability.
3. Type of Appointment: Excepted service.
4. Conversion to Permanent Position: Employees must be converted to the competitive service after two years of satisfactory service [5 CFR 315.705 and 5 CFR 307.102].
2. Student Educational Employment Program: The Student Educational Employment Program allows for hiring of students attending any accredited high school, college, or vocational/technical school year round. Under this flexible hiring program, students can be appointed to temporary positions or a work-study (cooperative education) program. The work-study program provides eligibility for conversion to permanent employment upon successful completion of educational and program requirements. The program has two components:
1. Requirements: Veterans who are qualified for the positions must have retired from active military service with a disability rating of 30 percent or more, or be rated by the Department of Veterans Affairs within the last year as having a compensable service-connected disability of 30 percent or more. Under this option, persons may be given noncompetitive temporary (up to one year) or term (more than one year but not more than four years) appointments.
3. Component 1- Student Career Experience Program (SCEP): The SCEP is a component of the Student Educational Employment Program, and is available to all levels of degree-seeking students (who are accepted for enrollment or enrolled, and taking at least a half-time course load) in an accredited academic institution from high school through graduate school.
   It provides for formal periods of work and study while the student is enrolled in school. SCEP can be used to develop traditional cooperative education programs or other work-study formats [5 CFR 213.3202(b)].
   1. Requirements: The work performed in the SCEP must be related to the academic course of study. The agency, the school, and the student complete a written agreement which contains information on work assignments, schedule, etc. The grade level at which the student is appointed depends on the qualification requirements of the position, and the employee's experience and academic level.
   2. Type of Appointment: Excepted service.
   3. Conversion to Permanent Position: Students are eligible for conversion to the competitive service for up to 120 days following satisfactory completion of the requirements for the student's diploma, certification, or degree (education and work requirements) of the program [5 CFR 3202(b)(10)(ii)].
4. Component 2 - Student Temporary Program (STEP): The STEP is a component of the Student Educational Employment Program and is available to all levels of degree-seeking students (who are accepted for enrollment or enrolled, and taking at least half-time course load) in an accredited academic institution from high school through graduate school [5 CFR 213.3202(a)].
   1. Requirements: The job for which the student is hired need not be related to the academic field of study. The grade level at which the student is appointed depends on the qualification requirements of the position, and the employee's experience and academic level.
   2. Time Limits: Appointments are made for a period not-to-exceed one-year, and may be extended if the student remains enrolled in school on at least a half-time basis.
   3. Type of Appointment: Excepted service.
   4. Conversion to Permanent Position: There is no provision for conversion to appointments in the competitive service under this authority. However, employees may be converted to another excepted appointment in the SCEP.
5. Temporary Limited Appointments: Temporary appointments are made when the need for the position is short-term and not expected to last for more than one year. Temporary jobs are filled through competitive procedures with a requirement for public notice. Under limited circumstances, agencies may use "outside-the-register" procedures [5 CFR 333.101]. Agencies may also give noncompetitive temporary appointments to individuals who qualify for positions and have a specific noncompetitive eligibility such as reinstatement or veterans' readjustment appointment (VRA) [5 CFR 316.402].
   1. Time Limits: Appointments are not-to-exceed one year; a one-year extension is allowed.
      Conversion to Permanent Position: There is no provision under this authority for conversion to a permanent appointment when the temporary appointment expires.
6. Term Appointments: Term Appointments are made when the need for an employee's services will last for a period of more than one year, but no more than four years. Reasons for term appointments may include, but are not limited to, project work, extraordinary workload, and uncertainty of future funding. Term positions are filled through competitive procedures with the requirement for public notice. These positions may also be filled by qualified individuals based on specific noncompetitive eligibility such as reinstatement and veterans' readjustment appointment (VRA) [5 CFR 316.302].
   1. Time Limits: Appointments are made for more than one year but not more than four years.
   2. Conversion: This authority does not contain a provision for conversion to a permanent appointment when the term expires.

Student Volunteer Program

Agencies may provide educationally-related work assignments for student volunteers on a non-pay basis [5 CFR 308.103].

1. Requirements: The student is enrolled at least half-time in a high school, trade school, vocational institute, university, or other accredited educational institution, and the school permits the participation of the student in a program established to provide educational experience.
2. Time Limits: No time limits have been established for these appointments, as long as the student continues to meet program requirements.