BONNEVILLE POWER ADMINISTRATION

**HUMAN CAPITAL MANAGEMENT**

**Portland, Oregon**

**PERSONNEL LETTER NO. 316-2 DATE: July 2007**

**SUBJECT:** Policy on Term Employment Appointments.

# PURPOSE {#purpose .unnumbered}

This Personnel Letter -

-   Updates and describes the policy regarding the use of term
    employment appointment authority.

-   Supersedes Personnel Letter No. 316-4 dated September 12, 2003.

# POLICY SUMMARY: {#policy-summary .unnumbered}

The Bonneville Power Administration may provide term appointments for a
period of one to four years where the need for an employee's services is
not permanent. Term appointments include, but is not limited to, project
work, extraordinary workload, reorganizations, and any other legitimate
business need for work of an expected duration of more than one year,
but not more than four years. Requests for exception beyond the four
year limitation must be approved by OPM.

An employee who converts from a permanent job/position to a term
appointment faces termination upon expiration of the term appointment
and is **[not]{.underline}** entitled to placement back to his/her
former permanent job/position.

#   {#section .unnumbered}

# DEFINITION

**Term appointment**

A nonstatus appointment to a position in the competitive service for a
period of more than one year but not more than four years. Applicants
normally go through the competitive process unless they meet eligibility
requirements for non-competitive appointments.

# COVERAGE

This issuance covers all hourly jobs and annual positions (GS) in the
competitive service.

# POLICY

A.  A term appointment may be used to fill a job/position that will last
    for more than one year, but not more than four years, where the need
    for an employee's services are not permanent. A term appointment is
    one of a number of staffing tools which provide flexibility in
    managing our workforce.

B.  Term appointments are appropriate to meet an employment need that is
    time-limited in the following circumstances:

-   The need to complete a particular project;

-   Extraordinary workload;

-   Scheduled abolishment of a job or position;

-   Planned reorganization;

-   Planned contracting out of the function;

-   The need to maintain the job/position for future placement of other
    employees, such as replacing permanent employees who have been
    temporarily promoted to another job/position, are on extended leave,
    or who have entered military service;

-   Staffing new or existing programs of limited duration; or

-   Any other legitimate business need for work of an expected duration
    of more than one year, but not more than four years.

### Managers have the authority to determine the situations that warrant term employment appointments.

### Managers establish the expected duration of the term appointment prior to filling the job/position, setting the duration at the minimum amount of time the job/position will be needed and funded. Any need for exception beyond the four year limitation must be approved by OPM. 

A.  Managers are expected to compare the cost of using term appointment
    authority with other methods of accomplishing work to determine
    which method is the most beneficial to BPA, taking into account such
    factors as: workforce, workload needs, business needs, recruitment,
    unemployment compensation, training, lost-time accidents, medical
    expenses, vehicles, tools, and benefits.

B.  BPA permanent employees may be selected for term appointments. An
    employee who converts from a permanent job/position to a term
    appointment faces termination upon expiration of the term
    appointment and is **[not]{.underline}** entitled to placement back
    to his/her former permanent job/position.

#  {#section-1 .unnumbered}

# LIMITATIONS ON MAKING TERM APPOINTMENTS

The filling of jobs/positions by term employment appointment is subject
to the employment restriction of BPA's Career Transition Assistance
Plan, 5 CFR 330, Parts B, F and G, and BPA PL 330-1.

# PROVISIONS OF TERM EMPLOYMENT

> The following regulatory provisions apply to term employment
> appointments:

C.  **Citizenship:** The employee must be a U.S. citizen.

D.  **Trial Period:** Term employees are subject to a 1-year trial
    period. During this period they are entitled to the same limited due
    process protection accorded permanent probationary employees.

E.  **Tenure:** Term employees are placed in tenure group 3 for
    reduction-in-force purposes.

F.  **Reduction In Force (RIF):** Term employees are covered by
    reduction-in-force procedures for the established duration of their
    employment in the event a RIF action is taken against them prior to
    the expiration of their appointment. BPA is not required to use RIF
    procedures to separate term employees upon expiration of their term
    appointment (not-to-exceed date).

G.  **Within-Range-Increases:** GS employees are eligible for
    within-range increases.

H.  **Work Schedule:** Term employees may work on a full-time,
    part-time, or intermittent basis.

I.  **Leave:** Term employees earn leave when appointed to a
    job/position with a regularly scheduled tour of duty, either
    full-time or part-time.

J.  **Benefits:** Term employees with full or part-time work schedules
    are eligible for coverage under the Federal Employees Retirement
    System, the Federal Employee Health Benefits Program, and the
    Federal Employees Group Life Insurance Program.

K.  **Protection:** Term employees have the protection in adverse action
    of 5 U.S. C. 4303 and 5 U.S.C. 7511 except: (1) while serving a
    trial period; and (2) upon expiration of their term appointment.

L.  **Assignments:** Under appropriate regulatory procedures, BPA may
    promote, demote, detail, or reassign term employees, within the
    time-limit of their term appointment, to other jobs/positions which
    BPA determines appropriate for filling by term appointment.

M.  **Status:** A term appointment does not confer competitive status
    and term employees are not eligible for transfer to other agencies
    or reinstatement. They may, however, be reappointed under their
    original term appointment if they left a term appointment prior to
    serving the 4-year maximum amount of time allowed under the
    appointment. Combined service under the original term appointment
    and the reappointment must not exceed the 4-year limit.

> Questions pertaining to term employment appointments can be answered
> by the organization's assigned Human Capital Management Customer
> Service Representative.

# REFERENCES

-   5 CFR 316, Temporary and Term Employment

-   BPA Manual Chapter 400/300A, Employment.

-   5 CFR 330, Subpart F, 330.601

-   PL 330-1, Career Transition Assistance Program

-   5 U.S. C. 4303 and 5 U.S.C. 7511

Cleve Brooks

Chief Human Capital Officer