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.

If you are using the Schedule A hiring authority as an internal candidate, for instance to obtain a promotion, you need to keep in mind that the hiring does not come without some risk. If hired under Schedule A based on disability, you will be placed into the Excepted Service, generally for two years (probationary period), to determine if you are able to satisfactorily perform. If you are performing successfully in the new job, then you may be converted to the Competitive Service. That said, agencies are not required to convert Schedule A hires into the Competitive Service at the end of the two-year period required for noncompetitive conversion, but they are strongly urged to make the conversion. If your performance is not satisfactory, your appointment to the Excepted Service would be terminated and you would be out of a job. That may not be an issue for you, but it often is a valid consideration.

There is no "however". The two year "trial period" is a two year probation period and you can be walked out of the door without any justification whatsoever. Performance isn't a factor for individuals on probation. During the probation you are not protected by the union, additionally.

And going to war with HR isn't going to help.

Can't have been doing the "EXACT same work" if they are different grades (especially if they are more than one grade apart from GS11 on up), and if you do not have any experience outside of your federal employment, then you are not qualified.