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Frequently Asked Questions Employment

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Disability Employment

  • Why should agencies consider using the 5 CFR 213.3102(u) hiring authority? View more
    Agencies should use this hiring authority for a number of good reasons:
    • Individuals with disabilities are a source of excellent applicants.
    • No public notice is required. This may shorten the time to hire a well qualified candidate
    • It can support an agency's Career Patterns initiative. Technological advances and growing emphasis on telework may dovetail with the needs of many applicants with disabilities.
    • Agencies don't have to clear surplus employees lists prior to using the appointing authority.
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  • What are the temporary appointment options under the new regulation? View more
    Under the new 5 CFR 213.3102(u) appointing authority, a hiring agency may make:
    • A temporary appointment for an individual who has the proof of disability but not the certification of job readiness. Using some type of temporary appointment in lieu of certification of job readiness has long been available to agencies. OPM is continuing this practice but clarifying it in the context of the revised appointing authority. The individual may work under the 5 CFR 213.3102(u) appointment until the agency determines that the individual is able to perform the duties of the position, or he/she gains the certification from one of the entities listed in this document. Once certification is obtained, the agency may then appoint the individual to a time-limited or permanent appointment under the 5 CFR 213.3102(u) authority. If the individual does not gain certification during the appointing authority timeframe, or does not demonstrate satisfactorily his or her ability to perform the duties of the job, the agency must separate the employee. (Refer to 5 CFR 213.104 for the definition and restrictions on temporary appointments in the excepted service.)
    • A temporary appointment of an individual who provides proof of a disability and certification of job readiness, when the duties of the position do not require it to be filled on a permanent basis. (Refer to 5 CFR 213.104 for the definition of temporary appointment)
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  • Where can the new Excepted Service -Appointment Of Persons With Disabilities And Career And Career-Conditional Employment regulation be found? View more
    The Federal Register has posted the new regulation on the Federal Register website at http://origin.www.gpoaccess.gov/fr/ and the Office of Personnel Management (OPM) has posted it on its website at www.opm.gov/fedregis and www.opm.gov/disability. OPM provided notification to Federal agencies through the Chief Human Capital Officer Council.
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  • What is the executive order on hiring people with disabilities? How does it apply to me, in my agency? View more
    Executive Order 13163, which became effective in July, 2000, calls for Federal agencies to increase employment opportunities for individuals with disabilities employed at all levels and occupations in the Federal Government. It focuses attention on the need to hire and advance qualified individuals with disabilities within the Federal Government. Executive Order 13163 also requires each Federal agency to have a plan as to how it will increase the opportunities for individuals to be hired in the agency.
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  • In what other ways may a person with disabilities apply for Federal jobs? View more
    OPM provides information about the application process at www.opm.gov/disability/appempl_3-11.asp.  There are several other application options available to applicants with disabilities.  For example:
    • Competitive Appointments.  Many applicants with disabilities find employment through standard competitive procedures in the same manner as individuals without disabilities.  (www.usajobs.gov)
    • Student Employment Programs.  This program helps Federal employers find the right people to fill current and future hiring needs.  It also gives students the opportunity to get hands-on experience.  This program has two major components – the Student Temporary Employment Program (STEP) and the Student Career Experience Program (SCEP).  (www.usajobs.gov/students.asp)
    • Federal Career Intern Program.  This program is designed to help agencies recruit and attract exceptional individuals into a variety of occupations.  It was created under Executive Order 13162, and is intended for positions at grade levels GS-5, 7, and 9.  In general, individuals are appointed to a 2-year internship.  Upon successful completion of the internships, the interns may be eligible for permanent placement within an agency.  (www.opm.gov/careerintern/)
    • Veterans Appointments.  There are a number of authorities available to assist veterans who are seeking, or wish to change, Federal employment including, Veterans Recruitment Appointment (VRA), 30% or More Disabled Veterans Program, and Veterans Employment Opportunity Act (VEOA) appointments.  See OPM's VetGuide at http://www.opm.gov/veterans/vetguide.pdf [208 KB]
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  • What are other appointment options under the new appointing authority? View more
    Under the new 5 CFR 213.3102(u) appointing authority, a hiring agency may also, in addition to the temporary appointments identified in the question above, make:
    • A time-limited appointment of an individual who provides proof of disability and certification of job readiness, when the duties of the position do not require it to be filled on a permanent basis. (Refer to 5 CFR 213.104 for the definition of time-limited appointment.)
    • A permanent appointment of an individual who provides proof of disability and certification of job readiness.  Note to hiring agencies: the intent of Executive Orders 12125 and 13124 is to permit these deserving individuals (upon meeting the requirements) to obtain civil service competitive status which is obtained through conversion to the competitive service rather than remaining in the excepted service.
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  • What about alternative accommodations? View more
    An individual who is granted a reasonable accommodation might not receive the exact form of accommodation requested. The deciding official has the discretion to identify reasonable and appropriate alternatives.
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  • Does an individual's work experience, while on a temporary appointment, count towards the 2 year time period required for noncompetitive conversion to career-conditional employment if that individual is subsequently converted to a non-temporary 5 CFR appointment? View more
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  • Who may certify disability and job readiness? View more
    OPM expanded the types of entities from which an agency may accept proof of disability and certification of an applicant's job readiness. Agencies may accept proof and certification from a licensed medical professional (e.g., a physician or other medical professional duly certified by a State, the District of Columbia, or a U.S. territory, to practice medicine); a licensed vocational rehabilitation specialist (i.e., state or private); or any Federal agency; State agency, or agency of the District of Columbia or a U.S. territory that issues or provides disability benefits.
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  • How can applicants with disabilities appointed under 5 CFR 213.3102(u) receive a career or career-conditional appointment under these regulations? View more
    An agency may noncompetitively convert to a career or career-conditional appointment in the competitive service an employee who has completed 2 years of satisfactory service under this authority. Satisfactory service is service that begins with a non-temporary (e.g., permanent or indefinite) 5 CFR 213.3102(u) appointment. (Refer to 5 CFR 315.709)
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