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Endless Summer  
#1 Posted : Wednesday, September 25, 2019 2:33:29 PM(UTC)
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So, haven't seen a lot of info on this...

Have a guy in our shop that took a job OCONUS. They filled his position with a temp guy. We are obviously DoD.

the temp asked me today what happens if the regular guy decides to come back? He is on a 1-year temp position but he was specifically asking about if the regular came back at the 8 month mark. Everyone understands he gets bumped by the regular at the 12 month anniversary.

Does the temp have any rights or options at all, or do they just hand him his hat?
Unknown User  
#2 Posted : Wednesday, September 25, 2019 4:10:16 PM(UTC)
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I seen this happen before, supervisory police was hired. They didnt know the position could be filled by another person who previously held the position and has return rights. The agency just moved the individual in a vacant GS-8 position. I would say contact HR and try working out something with them in placing your coworker a secure position.

That what my agency did with one of my colleagues.
RVRGRL  
#3 Posted : Wednesday, September 25, 2019 10:44:32 PM(UTC)
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Most places try hard to place the displaced employee in another position, even if it's not in the same unit. I know at my last job, it was like musical chairs (as long as you qualified). I know one person that left and actually came back after just over a year instead of the 3 yrs he was supposed to be gone. The person filling his slot was easily able to jump over to another "open" obligated position. But even if they weren't lucky enough to fill a different position, because the positions were permanent but obligated, that time counted for the employee as "permanent" for SF50 purposes.

That said, the employee filling the obligated position took the job knowing that the person may come back. **There may be employment requirements that are different between an actual "Temp" employee versus an employee filling a permanent but obligated position. I would think that if they're actually a temp employee that they have a more legal standing to stay for the year promised.
TheRealOrange  
#4 Posted : Thursday, September 26, 2019 2:49:28 AM(UTC)
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Originally Posted by: RVRGRL Go to Quoted Post
I would think that if they're actually a temp employee that they have a more legal standing to stay for the year promised.

With respect to this issue, the employee would need to be certain of his current appointment. According to OPM, a "temporary appointment" is a time limited not to exceed one year but could be less. Therefore, there is no "year promised." Conversely, a "term appointment" is time limited for at least one year but not to exceed four years. Most temporary and term appointments with which I am familiar have used the "not to exceed" language and can be ended, with notice, before the end of the not to exceed period. It doesn't happen often, but I have seen four-year term appointments ended after one year but well before four years. I have also seen a one-year temporary appointment ended early, but I was not involved and do not know the circumstances. It would be best for the employee to coordinate with HR and determine the exact type of appointment involved. All that said, it appears to be rare for a manager to go through the process of ending a temporary or term appointment early, so the chances are that management would find a place for the employee somewhere to complete the appointment period.
djp  
#5 Posted : Sunday, September 29, 2019 2:01:18 PM(UTC)

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It depends....

1 is this part of a unit deployment overseas
2. Was this a voluntary apply on higher with return rights.

If it a deployment then they return to their original jobs then the temp hire gets bumped.

With the temp hire..was it a detail opportunity..if so thrn thry have return rights to old position thry left

If it was a voluntary deployment then all that is required is a return to same series and level...not the same job slot.




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