(a) Conditions: Reemployment rights may be exercised only under the following conditions. The employees must apply in writing to their former or successor agency:
- (1) No less that 30 calendar days before completion of the specified period of service with the Institute; or
- (2) No more than 30 calendar days after involuntary separation from the Institute; or
- (3) No more than 30 calendar days after separation based on personal hardship or other special circumstances with the consent of Institute and former employing agency.
- (b) An agency must act on the former employee's request for reemployment within 30 calendar days of receipt thereof, i.e., the agency must provide the employee with a written notice stating the agency's decision whether to reemploy and the position being offered, if the employee is to be reemployed.
(c) Termination of reemployment rights. A former employee's entitlement to reemployment terminates for:
- (1) Failure to apply, except for good cause shown, for reemployment within the time limits stated in paragraph (a) of this section;
- (2) Resignation from the Institute without the consent of the Institute or the former employing agency; or
- (3) Failure to accept, within 15 workdays of receipt thereof, an offer of reemployment under § 352.803 which is determined to be a proper offer of reemployment by the employing agency and by Merit Systems Protection Board (MSPB), if appealed.