The guidance below is being issued in order clarify how non-competitive 120-day temporary promotions must be calculated. 

Regulation:

Bureaus/operating units may, at their discretion, apply a temporary promotion to an employee, without competition, for a period of 120 days or less in any one-year period of time. According to 5 C.F.R. § 335.103(c)(1)(i)), in considering non-competitive time-limited promotions, prior service during the preceding 12 months under noncompetitive time-limited promotions and noncompetitive details to higher graded positions counts toward the 120-day total. 

Calculation of Eligibility:

An employee's eligibility for a temporary promotion must be assessed by calculating the Not-to-Exceed (NTE) date of the requested promotion, and determining whether the employee would exceed the 120 day limitation of a non-competitive temporary promotion during the one-year period of time preceding the NTE date. If the employee would not exceed 120 days, the action can be processed. If the employee would exceed 120 days, the requested promotion must be reduced by the number of days exceeding 120. As an analogy, the eligibility for a temporary promotion is determined in the same way as one would calculate Family Medical Leave Act eligibility.

This Calculating Temporary Promotions Worksheet can be used when determining eligibility and duration of temporary promotions.