5 CFR 352.904 - Eligibility.
(a) Employees eligible. Except as provided in paragraph (b) of this section, an employee serving in a position in an agency under any of the following appointments may be granted rights under this subpart:
(1) Career or career-conditional appointment in the competitive service;
(2) An appointment without a specific time limit in the excepted service; or
(3) A career appointment in the Senior Executive Service.
(b) Employee not eligible. The following employees are not eligible under this subpart:
(1) An employee who is serving a trial period or probationary period under an initial appointment;
(3) An employee who is serving in a position excepted from the competitive service under Schedule C of part 213 of this chapter, or under Presedential appointment; or