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:
- 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.
- 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.
- 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.
- 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.
- People with Severe Physical Disabilities: There are two different Schedule A appointing authorities available to hire people with severe physical disabilities for employment.
- Option 1 - Leading to Continuing Positions:
- 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)].
- 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.
- Type of Appointment: Excepted service.
- 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].
- 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)]
- Requirements: Persons may be appointed
when OPM has determined that examining is impractical.
- Type of Appointment: Excepted service.
- 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)].
- 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.
- Type of Appointment: Excepted service.
- 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.
- 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)].
- 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.
- Type of Appointment: Excepted service.
- 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].
- 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)].
- Requirements: Persons may be
appointed when OPM has determined that examining is impractical.
- Type
of Appointment: Excepted service.
- 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)].
- 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.
- Type of Appointment: Excepted
service.
- 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:
- Veterans' Readjustment Appointment (VRA): This law
allows the hiring of eligible veterans without competition
at the GS-11 grade level and below.
- 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.
- 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.
- Type of Appointment: Excepted service.
- 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].
- 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:
- 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.
- 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)].
- 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.
- Type of Appointment: Excepted service.
- 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)].
- 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)].
- 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.
- 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.
- Type of Appointment: Excepted service.
- 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.
- 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].
- 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.
- 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].
- Time Limits: Appointments are made for more than one
year but not more than four years.
- 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].
- 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.
- Time Limits: No time limits have been established
for these appointments, as long as the student continues
to meet program requirements.
|