Disability (Rehabilitation Act)

According to 5 CFR § 300.603, time-in-grade "applies to advancement to a General Schedule position in the competitive service by any individual who within the previous 52 weeks held a General Schedule position under nontemporary appointment in the competitive or excepted service in the executive branch, unless excluded by paragraph (b) of this section." Paragraph b provides that appointment based on selection from a competitive examination register of eligibles or under a direct hire authority, and noncompetitive appointment based on a special authority in law or Executive order (but not including transfer and reinstatement) made in accordance with all requirements applicable to new appointments under that authority," are excluded. Therefore, it is my understanding that time-in-grade does not apply to excepted service appointments based on the Schedule A appointment authority. Further, Federal register information I have seen indicates that the time-in-grade restriction does not apply to any excepted service GS employees, although individual agencies can, at their discretion, require time-in-grade for their excepted service employees.