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HR Bubba  
#21 Posted : Tuesday, January 15, 2019 6:19:28 AM(UTC)

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Originally Posted by: J913 Go to Quoted Post
I was hired under Direct Hire Authority.


Ok, so to use the directions I gave previously go to 315.801 and we see that:

(e) A person who is appointed to the competitive service either by special appointing authority or by conversion under subparts F or G of this part serves a 1-year probationary period unless specifically exempt from probation by the authority itself.

I have no idea which DHA you were hired under so I cannot confirm whether 1) you were given a competitive service appointment and 2) whether the authority does or does not mention probation. If it does then that guidance applies, if it doesn't then a probationary period is required. If required then the next step is to go to 315.802 to see if previous service is creditable.

HR Bubba  
#22 Posted : Tuesday, January 15, 2019 7:06:59 AM(UTC)

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Originally Posted by: TheRealOrange Go to Quoted Post
Originally Posted by: J913 Go to Quoted Post
I was hired under Direct Hire Authority.

According to OPM, Executive agencies with delegated examining authority may use a Government-wide Direct-Hire Authority (DHA). Also, when using the DHA, the individual selected is "appointed to the competitive service ... by special appointing authority ... [and] serves a 1-year probationary period unless specifically exempt from probation by the authority itself." The DHA regulations do not address probation. Therefore, according to OPM, a 1-year probation period applies "unless the person has prior Federal service that counts toward completion of probation." That would be covered by § 315.802, Length of probationary period; crediting service. That provision has been mentioned previously:

(b) Prior Federal civilian service (including nonappropriated fund service) counts toward completion of probation when the prior service:

(1) Is in the same agency, e.g., Department of the Army;

(2) Is in the same line of work (determined by the employee's actual duties and responsibilities); and

(3) Contains or is followed by no more than a single break in service that does not exceed 30 calendar days.

OPM's DHA Fact Sheet can be found at https://www.opm.gov/poli...uthority/#url=Fact-Sheet .


There are numerous different DHAs in use today and although they are all fairly similar there are minor variations found across the spectrum; you really need to know specifically which DHA is in question (e.g., DHA for post secondary students, cyber workforce, critical need/shortage, technical acquisition, etc.)
frankgonzalez  
#23 Posted : Tuesday, January 22, 2019 3:55:34 PM(UTC)
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Originally Posted by: FrankJr Go to Quoted Post
No offense, but who within the federal government reads and understand the noted regulations? Based on my experience the EEO office is completely unaware of the 20 pages of EEO documentation posted on the EEOC web site and neither management nor the union representative have read the union contract. The number of revised SF50s exceed the number of SF50s due to the incompetence of human resources. And I would worry about yet another probation as the answer to all questions during the probation period was a reminder from all parties of the status of the probation period and the ease of termination during the probation period.
Without knowing which specific part of the EEOC's website (and there are many more than 20 pages of stuff we use in EEO), I can't respond specifically except to note most of the stuff on the EEOC's website is for the private sector. I am well appraised of the MD-110 and 29 CFR 1614, as well as other aspects (statutes, regulations, etc) that apply to my job in EEO.

As for the union contract..I make certain to always have a copy myself for reference. Sometimes the best way to address an issue is via the union filing a grievance than an EEO complaint (mainly because the employee says they don't think it is because of any protected categories!). It can also be useful to persuade a manager from doing something stupid by pointing out the contract says it must be done a specific way...and then steer them to the Labor Relations officer to get further direction.

As for the revised SF50s..many of the mistakes I've seen were done by junior personnel who jumped the gun. A few were total screwups from senior HR people who should have known better, but the majority were simply errors due to ignorance or being in too much of a hurry. As long as they are corrected and no harm occurs...no foul, IMO.

You should have voted Cthulu...the greatest of all Evils
nightchop  
#24 Posted : Monday, January 28, 2019 4:46:23 PM(UTC)

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Originally Posted by: HR Bubba Go to Quoted Post
There are numerous different DHAs in use today and although they are all fairly similar there are minor variations found across the spectrum; you really need to know specifically which DHA is in question (e.g., DHA for post secondary students, cyber workforce, critical need/shortage, technical acquisition, etc.)



Interesting. Former agency hired many people under DHA. I wonder if they used the "critical need/shortage" excuse. Seems logical that if you consistently fire people during probation, you'll definitely have a shortage. They had such high turnover and low employee numbers compared to similarly situated outfits. The deputy had the nerve to complain to personnel about being short-staffed when they manufactured the problem. Funny. They ways people manipulate the system are innumerable.
ScheduleAdreamer  
#25 Posted : Monday, February 25, 2019 12:37:52 PM(UTC)
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Originally Posted by: TheRealOrange Go to Quoted Post
Originally Posted by: Lunatic Fringe Go to Quoted Post
I have been a civil service employee for 4 years and just moved to another agency. Just discovered I am on probation - again. I was on probation for my first job for 1 or 2 years and now I am on it again. I asked my HR department and they said that's just the way I was coded so they could bring me on board and not to worry about it. It just doesn't make sense. Could this be right? Any feedback would be greatly appreciated. Thanks.

As Exit7A noted, the fact that you changed agencies probably is the cause. The federal regulation reads:

§ 315.802 Length of probationary period; crediting service.

(a) The probationary period required by § 315.801 is 1 year and may not be extended.

(b) Prior Federal civilian service (including nonappropriated fund service) counts toward completion of probation when the prior service:

(1) Is in the same agency, e.g., Department of the Army;

(2) Is in the same line of work (determined by the employee's actual duties and responsibilities); and

(3) Contains or is followed by no more than a single break in service that does not exceed 30 calendar days.

Moving to a different agency means that the prior service does not count toward the probationary period. Even if you had stayed in the same agency, being in the same job series may meet the "in the same line of work" criterion, but they will look at the actual duties, not just the job series. Note also that the DoD probationary period is now two years, not one.


Just to make sure I'm understanding, currently work for Dept of Army hospital, series 0679, moving to Dept of Army HR/CHRA, series 0201, will I have to repeat probation?
FrankJr  
#26 Posted : Thursday, February 28, 2019 12:45:59 PM(UTC)
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Originally Posted by: ScheduleAdreamer Go to Quoted Post
Originally Posted by: TheRealOrange Go to Quoted Post
Originally Posted by: Lunatic Fringe Go to Quoted Post
I have been a civil service employee for 4 years and just moved to another agency. Just discovered I am on probation - again. I was on probation for my first job for 1 or 2 years and now I am on it again. I asked my HR department and they said that's just the way I was coded so they could bring me on board and not to worry about it. It just doesn't make sense. Could this be right? Any feedback would be greatly appreciated. Thanks.

As Exit7A noted, the fact that you changed agencies probably is the cause. The federal regulation reads:

§ 315.802 Length of probationary period; crediting service.

(a) The probationary period required by § 315.801 is 1 year and may not be extended.

(b) Prior Federal civilian service (including nonappropriated fund service) counts toward completion of probation when the prior service:

(1) Is in the same agency, e.g., Department of the Army;

(2) Is in the same line of work (determined by the employee's actual duties and responsibilities); and

(3) Contains or is followed by no more than a single break in service that does not exceed 30 calendar days.

Moving to a different agency means that the prior service does not count toward the probationary period. Even if you had stayed in the same agency, being in the same job series may meet the "in the same line of work" criterion, but they will look at the actual duties, not just the job series. Note also that the DoD probationary period is now two years, not one.


Just to make sure I'm understanding, currently work for Dept of Army hospital, series 0679, moving to Dept of Army HR/CHRA, series 0201, will I have to repeat probation?


Better to ask HR of the hiring organization the question. Day one of the new job isn't the better opportunity to express concerns for yet another probation period. Even with an answer in writing the process to correct the issue isn't straightforward.
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