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Maatzo  
#1 Posted : Wednesday, August 12, 2015 10:56:57 AM(UTC)
Maatzo

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Hi All:

I was a permanent GS-12, and was competitively selected for a NTE-1 year Term Promotion to a GS-13. About 9 months into the Term Promotion, I competitively applied for and was selected for a Merit Promotion vacancy elsewhere in the organization.

HR originally processed this as a lateral reassignment.

Now, months later, HR is saying they they screwed up, and then they processed personnel actions to retroactively return to me my previous position of record (i.e. GS-12) on the day before my EOD, and then promoted to the GS-13 on the day of EOD. I wouldn't normally care, but the action resets my WGI date by almost a full year.

I mentioned that I thought this violates 5 CFR 531.214(e): "If a temporary promotion is made permanent immediately after the temporary promotion ends, the agency may not return the employee to the lower grade; instead, the agency must convert the employee’s temporary promotion to a permanent promotion without a change in pay."

HR responded that rule only applies if I was made permanent within the temporary promotion position, not by being promoted elsewhere through competitive selection. HR also said that there was no way to process a merit promotion from a temporary promotion without returning me to the lower grade. For various reasons, this reasoning doesn't seem correct to me.

Thoughts?
hustonj  
#2 Posted : Wednesday, August 12, 2015 11:38:41 AM(UTC)
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As somebody who does custom software support for the government, I would be in shock if the HR software supported this kind of position transfer/promotion mode switch cleanly. It is far too much a corner case to have been laid out as something the software would be expected to handle (normally). There should be a method for correcting (not changing) the WGI date, but it is quite probably not something the HR team deals with enough to readily know about.

Then again, I'm not familiar enough with the details of the rules around temporary promotions that I would have expected that time to count towards a WGI clock, anyway. Not within an area I've had to learn, yet. I mean, the expectation was that you would return to the previous grade, not continue on in the temporary one, right? Interesting intent of the rules question, let alone the letter of the rules aspect.
Maatzo  
#3 Posted : Wednesday, August 12, 2015 12:47:56 PM(UTC)
Maatzo

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Originally Posted by: hustonj Go to Quoted Post
As somebody who does custom software support for the government, I would be in shock if the HR software supported this kind of position transfer/promotion mode switch cleanly. It is far too much a corner case to have been laid out as something the software would be expected to handle (normally). There should be a method for correcting (not changing) the WGI date, but it is quite probably not something the HR team deals with enough to readily know about.

Then again, I'm not familiar enough with the details of the rules around temporary promotions that I would have expected that time to count towards a WGI clock, anyway. Not within an area I've had to learn, yet. I mean, the expectation was that you would return to the previous grade, not continue on in the temporary one, right? Interesting intent of the rules question, let alone the letter of the rules aspect.



I'm actually a little befuddled that I can't seem to find much online about my sort of situation. It doesn't seem that someone in a temp promotion applying for and receiving a permanent promotion would be all that rare?

I *think* OPM addresses this in Table 14-B "Promotions in the Competitive Services" of Chapter 14 of their "Guide to Processing Personnel Actions" as Rule 6: "Competitive selection that removes the time limitation on a Promotion NTE by making it permanent" but HR disagrees, and says that again that rule only applies when you are promoted in the same position.

And time in Temp Promotions definitely count towards WIGI's at that grade, *unless* you are returned to grade and then later promoted. When that is the case, the clock restarts at the time of permanent promotion. So obviously, the only impact that the one day reduction in grade has was to restart the WGI clock, which is a big deal to me, especially as it happened with only one month to go.

I think the intent of 5 CFR 531.214(e) is to prevent that exact scenario from happening, but I really can't find anything that definitively differentiates between promotions within a position and promotions to a new position in respects to the CFR or OPM regs.
frankgonzalez  
#4 Posted : Thursday, August 13, 2015 3:20:30 AM(UTC)
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Originally Posted by: Maatzo Go to Quoted Post
Hi All:

I was a permanent GS-12, and was competitively selected for a NTE-1 year Term Promotion to a GS-13. About 9 months into the Term Promotion, I competitively applied for and was selected for a Merit Promotion vacancy elsewhere in the organization.

HR originally processed this as a lateral reassignment.

Now, months later, HR is saying they they screwed up, and then they processed personnel actions to retroactively return to me my previous position of record (i.e. GS-12) on the day before my EOD, and then promoted to the GS-13 on the day of EOD. I wouldn't normally care, but the action resets my WGI date by almost a full year.

I mentioned that I thought this violates 5 CFR 531.214(e): "If a temporary promotion is made permanent immediately after the temporary promotion ends, the agency may not return the employee to the lower grade; instead, the agency must convert the employee’s temporary promotion to a permanent promotion without a change in pay."

HR responded that rule only applies if I was made permanent within the temporary promotion position, not by being promoted elsewhere through competitive selection. HR also said that there was no way to process a merit promotion from a temporary promotion without returning me to the lower grade. For various reasons, this reasoning doesn't seem correct to me.

Thoughts?
Your temp promotion wasn't made permanent. You were selected for a merit promotion in another position. Hence what HR had to do. If the position you were a Temp 13 in was made permanent (as in they converted you in place), then that rule would apply.

Think of it this way. You are TDY to place B from your normal location of place A. You applied to a position at place C. You can't outprocess place A from place B before going to C. You have to return to place A, and then move to place C.

Edited by user Thursday, August 13, 2015 3:22:35 AM(UTC)  | Reason: Not specified

You should have voted Cthulu...the greatest of all Evils
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