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Frequently Asked Questions Employment

  • Under the new 5 CFR 213.3102(u) appointing authority, a hiring agency may also, in addition to the temporary appointments identified in the question above, make:
    • A time-limited appointment of an individual who provides proof of disability, when the duties of the position do not require it to be filled on a permanent basis. (Refer to 5 CFR 213.104 for the definition of time-limited appointment.)
    • A permanent appointment of an individual who provides proof of disability.  Note to hiring agencies: the intent of Executive Orders 12125 and 13124 is to permit these deserving individuals (upon meeting the requirements) to obtain civil service competitive status which is obtained through conversion to the competitive service rather than remaining in the excepted service.
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  • Under Executive Order 11935, only United States citizens and nationals may be appointed to competitive service Federal jobs. In rare cases, agencies may hire certain non-citizens when there are no qualified U.S. citizens available, unless the appointment is prohibited by statute. In addition, Congress frequently restricts agencies’ ability to hire non-citizens into the excepted service as well, through appropriations provisions. For more information about citizenship requirements, please visit: http://www.usajobs.opm.gov/EI9.asp.
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  • The time it takes to be contacted to schedule an interview or to be notified of non-selection for a position may vary. Agencies have a 45-day timeline goal for hiring, and OPM has developed a 45-day hiring model to increase efficiency in the hiring process. The model focuses on a series of recommended steps from the date the vacancy announcement closes until the time an offer is made to a candidate. OPM holds agencies accountable for the degree to which they achieve the 45-day goal, but the goal is not legally binding upon the agency and confers no particular rights on applicants. It is recommended you maintain the vacancy point-of-contact information so you can obtain the status of your application and the position for which you applied.
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  • Agencies develop their own procedures for interview practices. The decision to interview may depend on a variety of factors, including your ranking against other candidates, the number of positions being filled, and the number of people who applied.
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  •  

    An agency is not required to make an accommodation if it can demonstrate that providing the accommodation would impose an undue hardship on its everyday operations. An undue hardship is an action that requires "significant difficulty or expense" in relation to:

     

    • overall size of the agency's program with respect to the number of employees, number and type of facilities and size of budget;
    • type of operation, including the composition and structure of the agency's workforce; and
    • nature and cost of the accommodation.

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  • A major life activity is a function that the average person in the general population can perform with little or no difficulty. Major life activities include activities such as caring for oneself, seeing, hearing, walking, breathing, speaking, learning, sitting, standing, lifting, reaching, and working.
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  • No. 5 CFR § 315.802 only allows for prior Federal service in the same agency and in the same line of work.
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  • Agencies should use this hiring authority for a number of good reasons:
    • Individuals with disabilities are a source of excellent applicants.
    • No public notice is required. This may shorten the time to hire a well qualified candidate
    • It can support an agency's Career Patterns initiative. Technological advances and growing emphasis on telework may dovetail with the needs of many applicants with disabilities.
    • Agencies don't have to clear surplus employees lists prior to using the appointing authority.
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  • The Federal Register has posted the new regulation on the Federal Register website at http://origin.www.gpoaccess.gov/fr/ and the Office of Personnel Management (OPM) has posted it on its website at www.opm.gov/fedregis and www.opm.gov/disability. OPM provided notification to Federal agencies through the Chief Human Capital Officer Council.
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  • An agency may noncompetitively convert to a career or career-conditional appointment in the competitive service an employee who has completed 2 years of satisfactory service under this authority. Satisfactory service is service that begins with a non-temporary (e.g., permanent or indefinite) 5 CFR 213.3102(u) appointment. (Refer to 5 CFR 315.709)
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