# 352.204 Basic eligibility for reemployment rights.
(a) *Employees eligible.* The following employees in the executive branch of the Government are eligible to be granted reemployment rights when they are hired by another executive agency without break in service of a full workday by transfer or reinstatement, or by excepted appointment, in a position which the agency is currently authorized to fill with reemployment rights:
(1) An employee serving in a competitive position under a career or career-conditional appointment;
(2) An employee serving under a career appointment in the Senior Executive Service (SES); or
(3) A nontemporary excepted employee.
(b) *Employees not eligible.* The following employees are not eligible to be granted reemployment rights:
(1) An employee who is serving a probationary or trial period under an appointment to a position in the excepted or competitive service or the SES.
(2) An employee serving in an obligated position;
(3) An employee serving with reemployment rights granted under this subpart;
(4) An employee who has received a notice of involuntary separation because of reduction in force or otherwise; or
(5) An employee who has already submitted a resignation.
[33 FR 12433, Sept. 4, 1968, as amended at 51 FR 25187, July 11, 1986]