Technical Questions

Yes. Provided the temporary employees meet the requirements established at section 4302(h) of title 5, United States Code, an agency can exclude them from its performance appraisal system. Under that section, an agency may exclude an employee who: is serving in a position under a temporary position for less than 1 year, agrees to serve without a performance evaluation, and will not be considered for a reappointment or for an increase in pay based in whole or in part on performance. In addition, the Office of Personnel Management has already excluded by regulation in part 430 of title 5, Code of Federal Regulations, any excepted service employee in a position for whom employment in a consecutive 12-month period is not reasonably expected to exceed the minimum period that would otherwise have applied to the employee.