362-1: Pathways Programs

Material Transmitted:

Department of Health and Human Services (HHS) Instruction 362-1, Pathways Programs, dated 10/29/2024

Material Superseded:

Department of Health and Human Services (HHS) Instruction 362-1, Pathways Programs, dated 08/19/2021

OPM-HHS Pathways Programs Memorandum of Understanding, February 2024

Background:

In accordance with 5 Code of Federal Regulation (CFR) Parts 302 and 362, this policy outlines the requirements of the Pathways Programs, consisting of the Intern, Recent Graduate, and Presidential Management Fellows (PMF) programs. It incorporates regulatory changes in 5 CFR Part 362, Pathways Programs, effective June 11, 2024.

This policy is effective immediately and must be carried out by HHS Operating and Staff Division HR Centers in accordance with applicable laws, regulations, collective bargaining agreements, and Department policy.

/s/ 10/29/2024

Jeffery Anoka
Deputy Assistant Secretary for Human Resources
Chief Human Capital Officer (Acting)

362-1-00 Sections

362-1-10 Purpose
362-1-20 Background
362-1-30 Coverage and Exclusions
362-1-40 References
362-1-50 Definitions
362-1-60 Responsibilities
362-1-70 General Program Requirements
362-1-80 Developmental Program Requirements
362-1-90 Internship Program
362-1-100 Recent Graduates Program
362-1-110 Presidential Management Fellows Program
362-1-120 Documentation, Reporting, and Accountability

Appendix A Employee or Applicant Questions and Requests to Review Policy
Appendix B HHS HQ Pathways Program Officer and PMF Program Coordinator
Appendix C HHS OpDiv/StaffDiv Recent Graduate Programs exceeding 1-year

362-1-10 Purpose

This Instruction establishes policy for HHS Operating Divisions and Staff Divisions (OpDiv/StaffDiv, or Division) on the administration and management of the Pathways Programs consistent with 5 CFR Parts 302 and 362.
This policy should be used in conjunction with HHS Instruction 302-1, Employment in the Excepted Service, where specified in this policy.
When provisions of this policy differ from changes in applicable law or regulation, the changes in law or regulation apply.

362-1-20 Background

The Pathways Programs were established via Executive Order (E.O.) 13562, Recruiting and Hiring Students and Recent Graduates, dated December 10, 2010. The Programs replaced the former Student Temporary Employment Program (STEP) and the Student Career Experience Program (SCEP) with the Intern and Recent Graduate Programs and enhanced the Presidential Management Fellows (PMF) Program. The E.O. also abolished the Federal Career Intern Program (FCIP).

OPM maintains executive oversight of the Pathways Programs and central management of the PMF Program, in accordance with 5 CFR Part 362.

362-1-30 Coverage and Exclusions

Coverage. This policy applies HHS-wide and covers Schedule D Intern, Recent Graduate, and PMF positions in the Pathways Programs (5 CFR §213.3402(a), (b), and (c)).
Exclusions. This policy does not cover:
1. Fellowship and similar programs under Schedule A, 5 CFR §213.3102(r), covered by HHS Instruction 302-1, Employment in the Excepted Service. Contact employmentpolicy@hhs.gov for agency program parameters required by OPM.
2. College graduate and post-secondary student hiring authorities under 5 CFR §315.614 and 5 CFR §316 (HHS Guidance, Post-Secondary Students and College Graduates).
3. Student volunteer service covered by 5 U.S.C. §3111 and 5 CFR Part 308 (HHS Guidance, Volunteer Service).
Bargaining Unit Employees. The Department will follow all requirements of 5 USC Chapter 71 involving bargaining conditions of employment for bargaining unit employees. To the extent that provisions of this policy are in specific conflict with a Collective Bargaining Agreement (CBA), the provisions of the CBA govern for bargaining unit positions only.

362-1-40 References

362-1-50 Definitions

Advanced Degree/Professional Degree, as defined in 5 CFR §362.102.
Agency is an Executive Agency or Department (HHS), as defined in 5 U.S.C. §105 (5 CFR §362.102).
Break in Program. A period of time when an Intern is working but is unable to go to school; or is neither attending school nor working.
Break in Service. The time when an employee is no longer on the payroll and is separated for more than three (3) days (see OPM Guide to Processing Personnel Actions, Glossary of Terms), except where otherwise noted in this policy.
Certificate of Completion of a Registered Apprenticeship Program, as defined in 5 CFR §362.102.
Certificate Program, as defined in 5 CFR §362.102.
Competitive Service. Pathways participants are eligible to be non-competitively converted to a term or permanent position in the competitive service after successful completion of the Program (see Conversions in Section 362-1-70 of this policy). The competitive service covers all civilian positions in the federal government that are not specifically excepted from the civil service laws by or pursuant to statute, by the President or by OPM under Rule VI, and are not in the Senior Executive Service (SES) or Senior Level position (SL).
Day is a calendar day, as defined in 5 CFR 210.102(b)(5).
Excepted Service. All Pathways positions are in the excepted service which covers civilian positions in the executive branch of the federal government that are specifically excepted from the competitive service rules by law or statute, by the President via Executive Order, or by OPM (e.g., Schedules A, B, C, D, or E), and are not in the SES.
Industry-recognized Credential, as defined in 5 CFR §362.102.
Intern (5 CFR §362.201). A student in high school, college, trade school, or other qualifying educational institution (5 CFR §362.102) appointed while still in school to an initial appointment exceeding one (1) year in the Pathways Internship Program, to explore a federal career as paid employees while continuing their education.
Intern Not to Exceed (Intern NTE) (5 CFR §362.203(d)). An Intern appointed to a temporary appointment for an initial period NTE one (1) year to complete temporary projects, perform labor-intensive tasks not requiring subject-matter expertise, or fill traditional summer jobs. These temporary appointments may be extended in accordance with 5 CFR §213.104.
Participant Agreement (5 CFR §362.106). A required formal written agreement between each Pathways participant and their employing OpDiv/StaffDiv that clearly identifies the participant’s work duties, work schedule, length of appointment, applicable training requirements, mentorship opportunities, performance evaluation procedures, requirements for successful completion of program, and minimum eligibility requirements for conversion to the competitive service.
Pathways Programs Officer (PPO) (5 CFR §362.104(a)(7)). An individual within the HHS Assistant Secretary for Administration, Office of Human Resources (ASA/OHR), who has overall responsibilities for administering the Pathways Programs HHS-wide. This individual is responsible for administering the Department’s Pathways Program and serves as a liaison between HHS and OPM. Additional responsibilities are outlined in Section 362-1-60 of this policy.
Pathways Program Participant. An individual appointed as an Intern, Recent Graduate, or Presidential Management Fellow under the HHS Pathways Program.
Presidential Management Fellow (PMF) (5 CFR 362, Subpart D). An individual appointed to a two (2) year leadership development program designed to attract individuals who demonstrate academic excellence, possess management and leadership potential, and have a clear interest in and commitment to public service. Individuals must apply to OPM’s PMF Program's annual job opportunity announcement within two (2) years of receiving a qualifying advanced degree. Students who expect to complete an advanced degree by August 31 of the academic year in which OPM’s competition is held may also apply.
Presidential Management Fellow (PMF) Program Coordinator (5 CFR §§362.104(a)(8) and 401). An individual within the HHS ASA/OHR who has overall responsibilities for administering the Department’s PMF Program and serves as a liaison between HHS and OPM on the PMF Program. Additional responsibilities are outlined in Section 362-1-60 of this policy.
Qualifying Career or Technical Education Program, as defined in 5 CFR §362.102.
Qualifying Educational Institution, as defined in 5 CFR §362.102.
Recent Graduate (5 CFR 362, Subpart C). An individual who has obtained a qualifying Associate’s, Bachelor’s, Master’s, Professional, Doctorate, vocational, or technical degree or certificate from a qualifying educational institution within the previous two (2) years of application (up to six (6) years for qualifying veterans) to obtain entry-level developmental experience designed to lead to a career in the federal government.
Recognized Post-Secondary Credential, as defined in 5 CFR §362.102.
Registered Apprenticeship Program, as defined in 5 CFR §362.102.
Schedule D. The excepted service appointing authority established by Presidential Executive Order 13562 to appoint individuals to Pathways Programs positions.
Student, as defined in 5 CFR §362.202.

362-1-60 Responsibilities

HHS Assistant Secretary for Administration, Office of Human Resources (ASA/OHR):
1. Establishes Department-wide policy regarding the Pathways Programs consistent with HHS and OPM policy and guidance, and all applicable federal laws and regulations.
2. Designates an HHS Pathways Program Officer (HHS PPO) and a PMF Program Coordinator at the General Schedule (GS) 12 or above within ASA/OHR to administer the HHS Pathways Programs; provide technical program guidance and information on program events/deadlines to HR Centers; and serve as HHS’ liaisons with OPM.
3. Approves Human Resources Director (HRD) requests to establish OpDiv/StaffDiv programs, following this Instruction.
4. Approves rotational assignments outside of the Department (Section 362-1-80).
5. Submits reports to OPM on HHS Pathways Programs, outlined in Section 362-1-120 of this policy, and data such as workforce planning strategies; available or upcoming job opportunities; participant data, including PMF status change; and any other information requested by OPM (5 CFR §§362.104 and 109).
6. Ensures HHS adheres to any appointment or conversion caps placed on the Pathways Programs by OPM (5 CFR §362.108(a)).
7. Ensures 5 CFR Part 302 is followed for accepting applications, assessing applicants, rating and ranking qualified candidates, and granting veterans’ preference when filling Pathways positions, as described in HHS Instruction 302-1, Employment in the Excepted Service (5 CFR §362.105(c)).
8. Periodically reviews OpDivs/StaffDivs’ procedures, actions, and reports to assure conformance with applicable HHS policy, OPM guidance, and all applicable federal laws and regulations.
OpDiv/StaffDiv Human Resources Center Directors (HRDs):
1. Approve breaks in program and waive/credit work hours for Interns consistent with the requirements in Section 362-1-90 of this policy.
2. Approve program extension requests for Recent Graduates and PMFs submitted by the participant or the participant’s supervisor consistent with Section 362-1-100.
3. Certify in writing a PMFs’ completion of the program NLT 30 days prior to the expiration of the PMF’s appointment following the procedures in Section 362-1-110.
4. Request CHCO approval to establish a Recent Graduate program exceeding one (1) year for their OpDiv/StaffDiv consistent with 5 CFR Part 362 and Section 362-1-100.
5. The above authorities may not be redelegated.
OpDiv/StaffDiv Human Resources Centers (HR Centers):
1. Comply with this Instruction, HHS and OPM policy and guidance, collective bargaining agreements, and all applicable federal laws and regulations.
2. Comply with the HHS Travel Policy and contact the ASA/Program Support Center with related questions.
3. Designate an OpDiv/StaffDiv Pathway Programs Coordinator to administer the day-to-day aspects of the programs for their serviced Division(s).
4. Provide a meaningful on-boarding process for each Pathways participant.
5. Ensure the development of Pathways Programs’ recruitment procedures and a development program for their serviced Division(s), consistent with this policy.
6. Ensure hiring procedures are applied uniformly, and positions are filled in accordance with the procedures in this policy.
7. Ensure Pathways participants’ continuous eligibility for the Pathways Programs, in accordance with the requirements specified in this policy.
8. Evaluate the performance of each Pathways participant within their Division and the participant(s) completion of the program requirements for conversion to the competitive service or termination.
9. Request HHS PPO or PMF Program Coordinator approval for rotational assignments/details external to HHS, in accordance with Section 362-1-80 of this policy.
10. Provide information on PMFs’ change in status within seven (7) days to the HHS Pathways Program Officer (PPO), in accordance with Section 362-1-110.
11. Maintain and report workforce planning and employment information described in Section 362-1-120 for their serviced Division(s).
OpDiv/StaffDiv Pathways Program Coordinators (OpDiv/StaffDiv PPCs):
1. Administer the HHS Pathways Programs within their serviced Division(s), consistent with HHS policy, OPM guidance, collective bargaining agreements, and all applicable federal laws and regulations.
2. Provide advisory services to their Division’s Pathways participants and their supervisors on the Pathways Programs consistent with this policy.
3. Ensure their Division’s compliance with the rules covering workforce planning and employment, including public notice, eligibility, appointment, assessment, selection, promotion, conversion and termination under the Pathways regulations (5 CFR Part 362), as described in this policy.
4. Ensure their Division’s compliance with delivering and documenting formal training and development, including Pathways Participant Agreements; performance plans and progress evaluations; Individual Development Plans (IDPs); mentors; and training, as described in this policy.
5. Serve as the liaison with the HHS Pathways Programs Officers including:
  1. Provide workforce planning and employment information to fulfill HHS’ reporting requirements (5 CFR §362.109 and Section 362-1-120 in this policy);
  2. Notify the HHS PMF Program Coordinator on a PMF change in status within seven (7) days including appointment, movement between agencies, withdrawal/resignation, termination, readmission, and conversion (5 CFR 362, Subpart D, and Section 362-1-110);
  3. Notify the HHS PPO when an Intern no longer meets the definition of a student (5 CFR §362.202); and
  4. Notify the HHS PPO of any participant who is not converted or terminated within required the timeframes (5 CFR §362.107(f)).
6. Work collaboratively with the HHS PMF Program Coordinator to administer the PMF Program including coordinating the recruitment, on-boarding, and certification processes of their Division’s PMF program participants.
7. Submit the PMF reimbursement fee to the OPM PMF Program Office no later than thirty (30) days of a PMF’s acceptance of a tentative job offer within their respective Division.
8. Ensure their serviced OpDiv/StaffDiv adheres to any appointment or conversion caps placed on the HHS Pathways Programs by OPM.

362-1-70 General Program Requirements

This section covers the general requirements of all Pathways Programs, except where otherwise specified:

Workforce Planning. Before filling positions, HR Centers should identify the skill sets needed to perform the work in their serviced Division(s) and conduct workforce planning to ensure adequate resources are committed to provide the training and developmental requirements, and an adequate number of permanent positions will be available to convert participants who successfully complete the program requirements.
Formal Training and Development, see Section 362-1-80 of this policy.
Program Names. OpDivs/StaffDivs may rename their Pathways Programs following the requirements in 5 CFR §362.101(b), i.e., an OpDiv/StaffDiv-specific name must include the phrase Internship Program, Recent Graduate Program, or Presidential Management Fellowship Program.
Personnel Actions. Follow OPM’s Guide to Processing Personnel Actions (GPPA), Chapter 11, Excepted Service Appointments, when processing Pathways personnel actions. The specific Schedule D authority that authorizes the appointment, 5 CFR §213.3402(a), (b), or (c), must be cited. Effective dates are established consistent with OPM’s GPPA, Chapter 3.
Tenure (5 CFR § 362.205(a)(1)).
1. An a) Intern serving under an appointment for an initial period expected to last more than one (1) year; b) Recent Graduates; and c) PMFs are in excepted service Tenure Group II.
2. An Intern serving under an appointment NTE one (1) year, who has not completed one (1) year of service, is in excepted service Tenure Group 0.
3. An Intern serving under an appointment NTE one (1) year, who has completed one year of current continuous service, is in excepted service Tenure Group III.
Citizenship
1. Pathways Programs (5 CFR §362.105(e)(1)). Congress generally restricts federal agencies, including HHS, via the annual appropriation acts (i.e., the federal budget) from compensating an individual who is not a U.S. citizen or U.S. national¹ unless certain exceptions apply. OpDivs/StaffDivs must consult the Office of the General Counsel (OGC) before hiring an individual who is not a U.S. citizen or national. An Agency must determine that a non-citizen meets one of the identified exceptions contained within the annual appropriations act, or has a current exemption from the Appropriations Act ban in its annual appropriations or other law, and determine that the non-citizen is authorized to work in the United States, before it can hire and pay a non-U.S. citizen, including permanent U.S. residents.
2. Conversion to Competitive Service. Only U.S. citizens or U.S. nationals are eligible for competitive service positions (Executive Order 11935). A Pathways participant must meet the citizenship requirement as of the effective date of the conversion action (5 CFR §362.105(e)(2)).
Employment of Relatives (5 CFR §362.105(f)).
1. A participant may work in an office where a relative (as defined in 5 U.S.C. §3110(a)(3)) is also employed, when there is no direct reporting relationship, and the relative is not in a position to influence or control the participant's appointment, employment, promotion or advancement. If circumstances arise that result in a direct supervisory relationship between relatives, one of the relatives must be reassigned to another position.
2. Managers, supervisors, and others in positions to influence personnel actions cannot appoint, employ, promote, or advance a relative to any position within HHS or advocate any such action.
Classification (OPM Pathways Programs Handbook).
1. Pathways participants whose positions fall under the General Schedule (GS) or a comparable pay system must be classified in the (xx99) series of the occupational group of the position being filled.
2. Pathways participants whose positions fall under the Federal Wage System (FWS) must be classified in the (xx01) series of the occupational group of the position being filled.
Recruitment (5 CFR §§362.105(b), OPM Pathways Programs Handbook and FAQs - Public Notice).
1. Interns and Recent Graduates (5 CFR §§203 and 303).
  1. OpDiv/StaffDivs must advertise vacancies to the public, either via USAJOBS or post the following job information with a link to a USAJOBS custom job announcement on the employing OpDiv/StaffDiv public facing careers page.
  2. Strategic outreach may additionally be considered such as job fairs, universities, online job boards, publications, etc. Strategic outreach must provide the job information in 1. c. immediately below, or a link to the announcement on USAJOBS or the Division’s public career page. Strategic outreach cannot substitute the public notice requirement in 1. a. immediately above.
  3. All job announcements must include:
    1. Position title/series/grade;
    2. Geographic location where the position will be filled;
    3. Duration of appointment;
    4. Salary;
    5. Promotion potential (i.e., full performance level or career ladder)²;
    6. Minimum qualification requirements;
    7. Information on how to claim veterans’ preference;
    8. Conversion potential;
    9. Information on how to apply or a link to the OpDiv/StaffDiv career page for instructions on how to apply;
    10. Equal employment opportunity statement;
    11. Reasonable accommodation statement; and
    12. Other relevant job information may be included such as available work schedules and other workplace flexibilities, relocation or recruitment incentives, student loan repayments, etc.
    13. Job Opportunity Announcements (JOAs) may mention desired academic disciplines, but JOAs can only require specific academic disciplines or coursework consistent with OPM’s Qualification Standards.
2. PMF Recruitment. HR Centers must post PMF positions in OPM’s Talent Management System (TMS), in accordance with Section 362-1-110 of this policy.
3. Accepting Applications.
  1. All HHS Pathways Programs candidates must apply to an open Pathways Programs JOA to receive consideration. Unsolicited applications, or applicants who express an interest for a specific vacancy, should be provided instructions on how to apply to a JOA through USAJOBS, the OpDiv/StaffDiv’s career page, or TMS.
  2. OpDivs/StaffDivs may accept applications from individuals who will meet eligibility requirements by an event listed in the JOA (e.g., JOA closing date, certificate issuance date, the date of appointment, etc.). Such eligibility criteria are applied uniformly and described in the HR Center’s internal Pathways hiring procedures. If the JOA or an OpDiv/StaffDiv’s Pathways hiring procedures does not specify a date or event for meeting eligibility requirements, candidates must meet eligibility requirements by their appointment date.
  3. Applicants with a disability who apply to the Pathways Programs are considered for Pathways positions in the same manner as non-disabled applicants and appointed under Schedule D, Pathways Programs. (The Schedule A Persons with Disabilities authority (5 CFR §213.3102(u)) and the Schedule D Pathways Programs are two separate hiring authorities with different eligibility requirements. The Schedule A Persons with Disabilities authority cannot be used to appoint candidates to the Pathways Programs.)
4. JOA Open Period.
  1. OpDivs/StaffDivs have the discretion to determine the length of time a JOA is open; however, justifications for announcements open less than five (5) days must be included in the recruitment case file. Justifications are based on the number, type(s), grade levels, and geographic locations of the positions being filled; labor market conditions; and recent experience filling similar positions.
  2. OpDivs/StaffDivs may use the following options to manage application volume for positions that attract a high number of applicants. When one or more of these options are used, they must be stated in the JOA, advertisement, or notice and a justification included in the case file.
    1. Limiting the Number of Days a JOA is Open. Divisions should consider the types, grade levels, and geographic locations of the positions being filled; and ensure the time allowed provides for fair and open competition that ensures potential applicants have reasonable opportunity to apply consistent with the merit system principles (5 U.S.C. §2301).
    2. Limiting the Number of Applications Received. OpDivs/StaffDivs have the discretion to set “cut-offs” or limits (e.g., the first 100 applications received) on the number of applications that they will consider when filling a position. When using such limits, HR Centers accept any application received up until 11:59 PM on the day the limit is reached in order to accommodate applicants in non-Eastern time zones.
    3. Using specific eligibility requirements for the Internship Program. OpDivs/StaffDivs may use requirements such as the ability to work a specified number of hours per week or be in good academic standing (i.e., maintenance of a minimum grade point average) as eligibility criteria, when such criteria is included in the JOA and participant agreement and the criteria is applied uniformly to all applicants.
  3. If extended open periods are used (over 30 days), HR Centers must specify specific cut-off dates during the open period or specify limits on the numbers of applications during the open period.
5. HHS Priority Reemployment List (PRL).
  1. Selection priority must be provided to former HHS excepted service employees who are registered on HHS Priority Reemployment List (PRL) before referring the names of other qualified candidates, in accordance with 5 CFR §362.105(c)(2) and HHS Instruction 330-2, Priority Placement Programs. Sufficient documentation must be retained to demonstrate PRL clearance for each Pathways vacancy.
  2. The Career Transition Assistance Plan (CTAP), Interagency Career Transition Assistance Plan (ICTAP), and the Reemployment Priority List (RPL) do not apply when filling Pathways Programs positions or to conversions of Pathways participants to the competitive service (5 CFR §330.609(i); 5 CFR §330.707(g); and 5 CFR §362.107(d)).
6. Assessment and Selection (5 CFR Parts 211, 302, and 5 CFR §362.105(c)(2)). The assessment and selection procedures, including veteran pass over and objection procedures, in HHS Instruction, 302-1, Employment in the Excepted Service, must be followed when filling Pathways Programs positions.
Trial and Probationary Periods provide an opportunity for supervisors to evaluate employee performance before finalizing appointments. Supervisors set expectations for Pathways participants performance, provide feedback, and evaluate an employee’s performance and conduct to determine whether a participant’s continued employment is in the best interest of the Department.
1. In accordance with 5 CFR Part 362, OPM Pathways Programs Handbook, and OPM Pathways Programs FAQs:
  1. Intern. An Intern’s trial period is the duration of their Intern appointment, or two (2) years in accordance with HHS Instruction 315-1, Probationary and Trial Periods, whichever is shorter. (The Intern may gain employee status for the purposes of appeal rights during their Internship appointment.)
  2. Recent Graduates. A Recent Graduate’s trial period is the duration of their Recent Graduate appointment (5 CFR §362.303(f)).
  3. PMFs. A PMF’s trial period is the duration of their PMF appointment (5 CFR §362.404(d)).
2. All Pathways participants must serve an initial one (1) year probationary period upon conversion to the competitive service (5 CFR §315.801(e)). Certain prior service may be creditable towards completion of a probationary period, in accordance with J. 3. immediately below.
3. For information on creditable time; calculating service; and actions taken for failure to complete a trial or probationary period, including grievances and appeal rights, see HHS Instruction 315-1, Probationary and Trial Periods.
4. See also Section 362-1-70 - Separations/Terminations/Appeals in this policy.
Compensation.
1. Setting Pay on Initial Appointment. OpDivs/StaffDivs adhere to 5 CFR §362.105(j); 5 CFR Parts 531 and 532; and applicable HHS pay policy when setting pay and using pay flexibilities for Pathways participants. For authorized grade levels, see each program in this policy.
2. Within-Grade Increases (5 CFR 531, Subpart D, and 5 CFR §532.417).
  1. Participants who are either on a temporary appointment or on an appointment limited to one (1) year or less are not eligible for Within-Grade Increases (WGIs).
  2. All other participants are entitled to WGIs and are advanced to the next higher rate of their grade at the beginning of the first applicable pay period following completion of the required waiting period, if their performance is satisfactory and they have not received an equivalent increase in pay during their waiting period.
3. Promotion. Participants are eligible for promotion in the program and upon conversion when the following requirements are met in accordance with 5 U.S.C. §2301(b)(1), 5 CFR Part 362, and the OPM Pathways Programs Handbook:
  1. The initial appointment is expected to last more than one (1) year³ (5 CFR §362.203(e));
  2. The participant meets the qualification requirements outlined in the OPM Qualification Standards for the next higher grade level and series of the position;
  3. The participant’s current official summary rating demonstrates satisfactory performance of at least ‘Achieved Expected Results’ or its equivalent, in accordance with HHS Instruction 430-1, Performance Management Appraisal Program (PMAP); and
  4. The promotion potential was included in the JOA (see I. Recruitment in this section above) and the career ladder is established in the position description. If the career ladder was not advertised in the Pathways JOA, the participant must compete for the proposed grade level/promotion.
  5. Time-in-grade restrictions outlined in 5 CFR 300, Subpart F, apply to movement to or within the competitive service. Promotions within the excepted service prior to conversion are not subject to time-in-grade. Promotions upon or after conversion to the competitive service are subject to time-in-grade restrictions, in addition to 3. b.-d. immediately above.
  6. See Section 362-1-110 for PMF-specific promotion restrictions.
Reassignments (OPM Pathways Programs Handbook and HHS Instruction 302-1, Employment in the Excepted Service. For definition of reassignment, see OPM’s Guide to Processing Personnel Actions, Chapter 14). Reassignments between Pathways Programs are not permitted. When reassigning participants to another Pathways position within the same Pathways Program, participants must meet the OPM Qualification Standards for the occupational series and grade of the position.
If the participant is an Intern NTE, OpDivs/StaffDivs must provide minimum public notification (internal to the OpDiv/StaffDiv, not on USAJOBS) so that similarly situated Pathways participants within the OpDiv/StaffDiv who are interested in the position can apply. If more than one individual applies to the position, then the excepted service assessment and selection procedures outlined in HHS Instruction 302-1, Employment in the Excepted Service, are followed.
A reassignment to a competitive service position removes the participant from the Pathways Programs and is only permitted if the individual previously held a permanent competitive service position and completed a probationary period (5 CFR §212.301). Such reassignments follow competitive service regulations (5 CFR §335.102).
Program Extensions for Recent Graduates and PMFs (5 CFR §§362.104, 303(c) and 404(b)). Extensions may be approved by the OpDiv/StaffDiv HRD for up to 120 days for rare or unusual circumstances or situations (e.g., extended leave due to participant’s illness or injury, death in participant’s immediate family, significant life-altering event, military obligations, furlough, etc.) that prevent the participant from completing the program. Requests for extensions may be submitted by the Recent Graduate or PMF or the participant’s supervisor to their servicing HR Center, and subsequently reviewed and recommended by the HRD. This authority may not be redelegated.
Conversions (5 CFR §315.713, 5 CFR §§362.107, 204, 305, 409, and OPM Pathways FAQs).
1. A participant who has met the program requirements (specified under each Program in this policy) may be non-competitively converted to a term or permanent position in the competitive service when this option was clearly stated in the Pathways JOA. (Conversions to the excepted service are not authorized by Executive Order 13562.)
2. A participant who has met the program requirements may only be converted to a position with the same career ladder or promotion potential stated in the Pathways JOA used to recruit the participant. See also K. Compensation/Promotion in this section above.
3. A participant who is non-competitively converted to a term appointment in the competitive service may be subsequently converted to a permanent position in the competitive service at any time before the term appointment expires.
4. Time spent as a Pathways participant counts towards career tenure when the participant is converted without a break in service of one (1) day to a permanent position in the competitive service upon completion of the program, with or without an intervening term appointment.
5. HHS Priority Placement Programs (CTAP, ICTAP, RPL or PRL) do not apply to conversions of Pathways participants to the competitive service.
6. Pathways participants must serve an initial one (1) year probationary period upon conversion to the competitive service (5 CFR §315.801(e)). Certain prior service may be creditable towards completion of a probationary period, in accordance with HHS Instruction 315-1, Probationary and Trial Periods.
7. Participants must be notified in writing by their employing OpDiv/StaffDiv no less than 90 days prior to the end of their Pathways appointment whether the Division will be able to convert them to a term or permanent position, including the steps it is taking to convert the participant to another OpDiv/StaffDiv or federal agency (see 8. immediately below).⁴
8. When the employing OpDiv/StaffDiv is unable to convert an eligible Recent Graduate or PMF participant to a term or permanent position in the competitive service within their Division due to unforeseen OpDiv/StaffDiv circumstances (e.g. budgetary issues, lack of available resources, etc.), the participant may be converted to a term or permanent competitive service position in another HHS OpDiv/StaffDiv, or federal agency if there are no available vacancies within HHS.⁵
  1. The servicing HR Center must contact the HHS PPO or PMF Program Coordinator (as applicable) at Pathways@hhs.gov no less than 90 days prior to the end of the Pathways appointment when the employing OpDiv/StaffDiv cannot convert a Recent Graduate or PMF participant for agency reasons (see examples in 5 CFR §§362.305(c)(1) or 409(c)(1)).
  2. The HHS PPO/PMF Program Coordinator will determine if the participant can be converted to a term or permanent competitive service position elsewhere in HHS by contacting the OpDiv/StaffDiv PPCs.
  3. The PPCs are responsible for working with their servicing HR Center to determine if there are any term or permanent competitive service vacancies in their OpDiv/StaffDiv in which the participant is qualified (i.e., meets OPM’s Qualification Requirements for the job series and grade level of the position). The results are documented and reported to the HHS PPO.
  4. When a term or permanent position in the competitive service vacancy exists in another OpDiv/StaffDiv, the participant may be converted, consistent with the requirements in N. 1.-6. immediately above.
  5. If no opportunities exist within HHS, the HHS PPO/PMF Program Coordinator will authorize conversion to a term or permanent position in the competitive service at another federal agency, consistent with the requirements in N. 1.-6. immediately above.
  6. The position at the new division/agency must have a full performance level (career ladder) that is equivalent to or less than the full performance level stated in the Pathways JOA used to initially recruit the participant.
9. See Conversions under Intern, Recent Graduate, and PMF for eligibility requirements.
Benefits. Pathways participants are eligible for federal benefits such as health insurance, life insurance, and retirement coverage depending on their work schedule and length of appointment. Generally, individuals hired for a period expected to last longer than one (1) year are eligible for federal benefits. For additional guidance, see the OPM Pathways Programs Handbook and/or consult your servicing HR Center benefits specialist.
Federal Student Loan Repayment Assistance. OpDivs/StaffDivs may offer student loan repayment assistance as an incentive to recruit/retain highly skilled individuals, and to fill mission- critical and hard-to-fill positions. In offering this incentive, factors such as the value of the incentive to the OpDiv/StaffDiv and pay parity should be considered.
Workplace Flexibilities, including telework. Pathways participants may be eligible in accordance with HHS Instruction 990-1, Workplace Flexibilities.
Performance. See Section 362-1-80, Developmental Program Requirements.
Awards. Pathways participants are eligible to receive awards, including performance awards, on-the-spot, special act, and time-off awards consistent with HHS Instruction, 430-1, Performance Management Appraisal Program.
Separations/Terminations/Appeals. Employee Relations staff must be consulted prior to initiating a termination action for a Pathways participant for any reason other than expiration of appointment to ensure compliance with applicable federal laws and regulations and HHS policy. Once a participant meets the legal definition of an employee pursuant to 5 U.S.C. §7511, they have due process rights and are entitled to advance written notice, an opportunity to respond to a proposed adverse action, and appeal rights to the Merit Systems Protection Board. See also OPM FAQs -Termination and HHS Instruction 302-1 Employment in the Excepted Service - Appeals.

362-1-80 Developmental Program Requirements

This section covers the development requirements of all Pathways Programs, except where otherwise noted:

Orientation.
1. All Participants. OpDiv/StaffDivs must provide Pathways participants with a new employee orientation session within 30 days of their appointment to advise participants of their Pathways Program requirements, including benefits associated with their appointments, performance expectations and evaluation, assignment of mentors, training, and completion of required forms. Participants should be provided the name of the OpDiv/StaffDiv PPC for program questions. Time spent in orientation may count toward the annual required hours of formal interactive training.
2. PMF. In addition to above, the OPM periodically offers PMF orientations via webinar throughout the year. These sessions last for approximately two (2) hours and address program requirements and individual questions. Time spent in OPM orientation may additionally count toward the annual required hours of formal interactive training for PMF participants.
Participant Agreement. (5 CFR §362.106). Pathways Program participants must sign an OpDiv/StaffDiv participant agreement prior to their appointment date that, at a minimum, includes:
1. General description of duties;
2. Work schedule;
3. Length of appointment;
4. Training requirements;
5. Mentorship opportunities;
6. Evaluation of employee performance procedures;
7. Requirements for continuation of employment and successful program completion;
8. Minimum eligibility requirements for noncompetitive conversion to a term or permanent competitive service position (5 CFR §§362.106 and 107); and
9. (For Interns) Appointment expiration date.
Performance Plan. Performance plans are required for each participant whose appointment are expected to last 90 days or more and must be established within 30 days of the participant’s appointment, in accordance with HHS Instruction 430-1, Performance Management Appraisal Program (PMAP). OpDivs/StaffDivs provide regular feedback, hold a mid- year performance review, and complete annual evaluations for participants consistent with HHS’ PMAP policy.
Individual Development Plan (IDP).
1. Interns and Recent Graduates: Participants (including Intern NTE appointed for more than 90 days) must be placed on an IDP within 45 days of appointment. Planned training activities for Pathways participants must be documented in either their IDP or participant agreement. Documentation of training is also recommended for an Intern NTE appointed for an initial period of less than 90 days (5 CFR §362.203(i)); however, completed training must be documented in the Intern NTE’s employee record if an IDP is not used.
2. PMF: HR Centers must use the OPM PMF IDP template (OPM Form 1302) to establish an IDP within 90 days of appointment. The PMF IDP must be developed in consultation with the PMF’s mentor and supervisor and agreed by both the PMF participant and their supervisor (5 CFR §362.405(a)).
3. IDPs are individually tailored to the following elements:
  1. Target Position. A brief description of the target position; and the specific competencies or knowledge, skills, and abilities that will be required to qualify for the target position.
  2. Learning Objective. Specific learning objectives, including the required developmental activities, as well as formal interactive training.
  3. Details and Timelines. Describe when and how the learning objectives will be accomplished.
  4. Demonstrated Success. Describe method used to track objectives and accomplishments.
Mentors (5 CFR 362.301(b) and 405(b)(3)). Recent Graduates and PMFs must be assigned a mentor within 90 days of appointment. (Mentors for Interns whose appointments are expected to last more than 90 days are recommended but are not required by regulation.) Mentors must be outside the participant’s chain of command. Mentors for PMFs must additionally be a managerial employee. The search for and eventual pairing with mentors can be executed through the utilization of mentoring systems such as HHS’ Mentoring Matching System (MMS).
Training and Development may be tracked in a system (e.g., HHS’ Learning Management System) or manually by the servicing OpDiv/StaffDiv HR Center.
1. Interns. OpDivs/StaffDivs are required to provide appropriate training and development activities regardless of the length of the appointment (5 CFR §362.203(i)) and 405(b)(3)). Training may include but is not limited to on-the-job training activities, formal training classes, mentoring sessions, testing products or tools, assisting co-workers with projects or tasks; and organized work activities or functions. There is no minimum number of training hours required for Interns; however, up to 40 hours of formal, interactive annual training must be accessible.
  The employing OpDiv/StaffDiv may elect to pay all or part of training for Interns, subject to the prohibitions listed in 5 CFR §410.308(a) (5 CFR §410.306(c) and HHS Instruction 410, Employee Training and Development).
2. Recent Graduates. Recent Graduates must receive a minimum of 40 hours of formal, interactive training per year that advances the goals and competencies outlined in each participant’s IDP.
3. Presidential Management Fellows. OPM will provide leadership development activities and general PMF program resources, including information on other available training opportunities (5 CFR 362.405(b)(1). The employing OpDiv/StaffDiv must provide PMFs a minimum of 80 hours of formal interactive training per year that addresses the competencies outlined in the PMF’s IDP, and at least one (1) developmental assignment of four (4) to six (6) months in duration within the PMF’s targeted occupation or discipline.
4. Department Mandatory Training. Participants must complete all HHS mandatory training. Such training does not count toward the minimum hours of required training specified above.
Rotational Assignments (i.e., Details).
1. Rotational assignments are negotiated in advance with the participant, their supervisor, host supervisor, the HR Center(s), and applicable federal agencies. Participants must have a signed participant agreement, performance plan, and IDP before the assignment. Assignments must have written supervisory approval and be directly linked to the participant’s IDP.
2. Performance assessments are required for assignments scheduled to last more than 90 days. Hosting supervisors are responsible for assessing the participant’s performance at the conclusion of the assignment, and the performance assessment will be used by the participant’s supervisor when completing annual performance evaluations.
3. Rotational assignments/details should be to unclassified duties described in either the participant’s IDP or participant agreement.
4. Assignments to a higher graded classified position (or to a position with higher promotion potential) may be made without competition for up to 120 days maximum. When computing the total time served, previous noncompetitive assignments to higher graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)). Consideration should also be given to a time-limited promotion under 5 CFR §335.102(f). (5 CFR §362.105(c)(3))
5. Assignments must adhere to the general requirements for details and the reimbursable/non-reimbursable agreement requirements in HHS Instruction 300-3, Details and IPA Assignments.
6. Rotational assignments external to HHS must be approved by the HHS PPO or PMF Program Coordinator prior to the effective date. Requests must be submitted by the employing HR Center to Pathways@hhs.gov at least 30 days prior to the proposed effective date.
7. Rotational assignments to the WH or Congress. Initial detail requests may be approved up to 90 days, following the required HHS approval process for details to the WH or Congress in HHS Instruction 300-3, Details and IPA Assignments, Section 300-3-60. Extensions can be approved up to the maximum allowed by the Pathways Program, i.e., up to 90 days (180 days maximum) for Intern, Recent Graduate, and PMF development assignments, or up to 30 days (120 days maximum) for PMF optional assignments. HR Centers must cc: Pathways@hhs.gov on their request.
8. See Rotational Assignment(s) under Intern, Recent Graduate, and PMF for program-specific requirements.
Program Documentation. OpDiv/StaffDiv HR Centers must be able to show proof the developmental program requirements were met within the required timeframes described in this policy section. All documentation (e.g., personnel actions, participant agreement, performance plan, IDP, proof of mentorship, training, etc.) must be maintained in accordance with Section 362-1-120 of this policy.

362-1-90 Internship Program

Overview. The Internship Program provides high school, vocational, technical, undergraduate, and graduate students, who are enrolled in or accepted for enrollment in a qualifying education institution, with paid opportunities to work either part- or full-time in agencies and explore career paths related to their academic fields of study or career interests. Interns must meet the definition of student throughout the duration of their appointment and can be appointed at any grade level for which they qualify. Interns who successfully complete the program requirements may be eligible for non-competitive conversion to a term or permanent position in the competitive service.
Eligibility Requirements (5 CFR §362.203(b)).
1. Be accepted or enrolled in a qualifying educational institution as defined in 5 CFR §362.102 pursuing a degree, diploma, or certificate;
2. Meet the definition of a student in 5 CFR §362.202 throughout the duration of their Intern appointment (except during an approved break in program);
3. Meet the qualification requirements (series and grade) of the position; satisfy suitability and security requirements; and if applicable, satisfy any physical/medical requirements; and
4. Meet additional requirements specified in the OpDiv/StaffDiv participant agreement with the Intern. See Participant Agreement in Section 362-1-80, Developmental Program Requirements.
Official Documentation. OpDiv/StaffDivs must request documentation (e.g., official or unofficial transcript, copy of the diploma, or other written documentation from the educational institution or career or technical education program (such as a letter confirming enrollment or acceptance)) to verify eligibility prior to appointment and periodically throughout the Intern’s appointment. Documentation must be provided by the Intern every semester/quarter of an academic school year to verify continued eligibility. OpDiv/StaffDiv PPCs must notify the HHS PPO at Pathways@hhs.gov when an Intern no longer meets the definition of a student.
Qualification Requirements (5 CFR §362.203). Candidates for Intern positions are evaluated against OPM’s Qualification Standards, for the job series and grade level of the position being filled. OpDivs/StaffDivs have the option of developing qualifications standards instead of using OPM’s group standard in accordance with requirements outlined in HHS Instruction 302-1, Employment in the Excepted Service.
Recruitment. See Section 362-1-70, General Program Requirements in this policy.
Appointment. Intern appointments are made under appointment authority 5 CFR §213.3402(a) for the following timeframes (5 CFR §362.203(d)(3)):
1. Intern (Indefinite) appointments expected to last more than one (1) year. Interns are assigned meaningful work that supports both the OpDiv/StaffDiv’s needs and the Intern’s academic field of study or career goals. Interns on indefinite appointments should not be assigned simple administrative or clerical tasks as their primary duties.
2. Intern NTE (Temporary) appointments not to exceed one (1) year. Appointments may be extended consistent with the time limits for temporary appointments in 5 CFR §213.104 (5 CFR §362.203(d)(3)(ii)). Assignments are typically short-term projects; labor-intensive duties not requiring subject matter expertise; or summer jobs. An Intern NTE appointment ends when the temporary appointment expires, unless the Intern is selected for noncompetitive conversion (5 CFR §362.205(b)(2)), provided the JOA used to fill the Intern NTE appointment contained the potential for conversion and all other requirements for conversion have been met (see M. Non-Competitive Conversion in this policy section).
Work Schedule (5 CFR §362.203(g) and OPM Pathways Programs Handbook). An Intern can work on either a full or part-time basis. Interns cannot work on an intermittent basis. Supervisors are responsible for establishing work schedules with Interns in accordance with 5 CFR §610.121. There is no limitation on the number of hours an Intern can work per week (so long as applicable laws and regulations governing overtime and hours of work are adhered to); however, supervisors and Interns should agree on a work schedule that does not interfere with the Intern’s academic schedule or performance and allows for completion of both their academic and program requirements in a reasonable timeframe. The work schedule must be documented in their participant agreement.
Breaks in Program. (See Definitions in this policy.) A break in program must meet the following criteria:
1. Breaks are permissible in certain circumstances (e.g., medical leave, financial hardship, military service, or other situations outside of the participant’s control);
2. The Intern must initiate a written request for a break in program and submit request to their supervisor;
3. The HRD, in consultation with the Intern’s supervisor, may use their discretion to either approve or deny an Intern’s request for a break in program, as well as determine the length of the break; however, breaks may not exceed 120 consecutive days in a calendar year;
4. Interns must be in good academic standing, as defined by the school, generally at least a 2.0 Grade Point Average (GPA) for undergraduate programs (cumulative; no rounding); and a 3.0 GPA for advanced degree programs;
5. If a break is approved, and the Intern will neither be attending school or working, the employee will be placed on leave-without-pay (LWOP) for the duration of the break; and
6. OpDiv/StaffDiv PPCs must monitor breaks within their Division and request the official documentation described in this Section (C. above) prior to the Intern returning to duty/program.
Compensation. See Section 362-1-70, General Program Requirements.
Training and Development. See Section 362-1-80, Developmental Program Requirements.
Rotational Assignment(s). Per the OPM Pathways Programs Handbook, Interns (but not Interns NTE) may be detailed on one (1) to (6) month rotational assignments within the Department or to another federal agency. Intern rotational assignments must be for the purpose of providing the participant with valuable knowledge, skills, and experiences related to their academic field of study or career interests, to aid in their retention within the federal government. See Section 362-1-80, Developmental Program Requirements for rotational assignment requirements.
Program Extensions. Applicable to Intern NTE only. See F.2. in this Section above.
Non-Competitive Conversion (5 CFR §362.204). All Interns are eligible for conversion to a term or permanent position in the competitive service if the Intern meets the following requirements:
1. Is a U.S. citizen;
2. Completed at least 480 hours of work experience in the Intern Program while enrolled as a full or part-time degree- or certificate-seeking student or participant in a career or technical education program;⁶
3. Completed their education requirements at a qualifying educational institution conferring a diploma, certificate, or degree, or successfully completed a qualifying career or technical education program within the 180-day period before their conversion;
4. The possibility of conversion was included in the JOA used to fill the Pathways position;
5. Receives a favorable recommendation for conversion in writing from an agency official;
6. Meets the OPM qualification requirements (series and grade) of the position which the participant will be converted; and
7. Meets the OpDiv/StaffDiv requirements as specified in the Participant Agreement with the Intern.
8. Interns must be converted within 180 days following completion of education requirements or terminated. However, if an Intern or Intern NTE is accepted into another qualifying education program during this 180-day period, the OpDiv/StaffDiv may retain an Intern or Intern NTE. Public notice and competition are not required for the participant to continue in the Internship program in this situation. (5 CFR 362.203(b))
9. Interns who separate from the federal government before or during the 180-day period after they complete their academic requirements lose their eligibility for non-competitive conversion to a term or permanent position in the competitive service.
10. Interns may be converted within the Department or any other federal agency.
11. See Section 362-1-70, General Program Requirements for Pathways conversion requirements.
12. Requirements to Waive and/or Credit Work Hours (5 CFR §362.204(d and e)). After an Intern has worked at least 320 hour of career-related work experience in a Pathways Programs Internship appointment, an OpDiv/StaffDiv HRD may waive and/or credit up to 240 work hours⁷ if the Intern meets the criteria in either (a) or (b) immediately below:
  1. (For Waiver) The Intern demonstrates exceptional job performance and high potential in an academic field or career and technical education program by having both:
    1. An official summary rating given by the student’s Internship supervisor higher than ‘Achieved Expected Results’ or its equivalent, in accordance with HHS Instruction 430-1, Performance Management Appraisal Program (PMAP); and
    2. Official documentation showing an overall GPA of 3.5 or better on a 4.0 scale; standing in the top 10% of the student’s graduating class; induction in a nationally recognized scholastic honor society; or a letter of recommendation attesting to the Intern’s outstanding program performance from an instructor or program administrator.
  2. (For Credit) The Intern has comparable non-federal internship experience in a field or functional area related to the Intern’s target position and was acquired any time prior to the Pathways Internship appointment in at least one of the following:
    1. Worked in, but not for, a federal agency, pursuant to a formal internship agreement, comparable to the Pathways Internship Program, between the agency and an accredited academic institution;
    2. Worked in, but not for, a federal agency, pursuant to a written contract with a third- party provider officially established to provide internship experience to students that is comparable to the Pathways Internship Program;
    3. Served as an active-duty member of the armed forces (including the National Guard and Reserves), as defined in 5 U.S.C. §2101, provided the veteran's discharge or release is under honorable condition; or
    4. Worked in a registered apprenticeship program at a federal agency prior to their appointment in the Pathways Internship Program.
    5. Student volunteer service described under 5 CFR Part 308, and other federal programs designed to give internship experience to students (e.g., a Department of Labor Job Corps Program, etc.), if the experience is comparable to the experience gained in the Pathways Internship Program.
  3. Justification, including HRD approval, for credits/waivers shall be documented and retained in accordance with Section 362-1-120. Waiver/Credit calculation examples can be found in OPM FAQs - Conversion to Competitive Service.
Termination (5 CFR §362.205). As a condition of employment, the appointment expires:
1. 180 days after completion of the Intern’s designated academic course of study or career and technical education program, unless the Intern is converted to a position in the competitive service as described immediately above (M.), or
2. Upon the expiration of the Intern NTE (temporary) appointment, unless the Intern is converted to a position in the competitive service as described immediately above (M.).
3. Interns may be terminated during their Intern appointment for reasons including misconduct, poor performance, suitability, or failure to follow the terms and conditions in the participant agreement including:
  1. The Intern no longer meets the definition of student. The OpDiv/StaffDiv PPC must notify the HHS PPO at Pathways@hhs.gov.
  2. The Intern does not provide official documentation of current enrollment; or
  3. The Intern does not maintain good academic standing, as defined by the educational institution.
  4. See also Section 362-1-70 - Separations/Terminations/Appeals in this policy.

362-1-100 Recent Graduates Program

Overview. The HHS Recent Graduates Program is a one (1) year development program⁸ that provides entry-level career opportunities for individuals who have recently graduated from qualifying educational institutions or programs. Recent Graduates are placed in positions with progressively more responsible duties which provide career advancement and cannot be appointed at the full performance level (i.e., positions must have a career ladder, 5 CFR §362.303(b)(3)(v)). Those who successfully complete the program requirements may be eligible for non-competitive conversion to a term or permanent position in the competitive service.
Eligibility Requirements (5 CFR §362.302). The following individuals are eligible to apply:
1. Individuals whose application is received not later than two (2) years after completion of a qualifying associate’s, bachelors, masters, professional, doctorate, vocational or technical degree, or a certificate from a qualifying educational institution or a qualifying career or technical education program; and
2. Veterans (defined in 5 U.S.C. §2108) unable to apply due to military service obligations have up to six (6) years after degree completion (described in B. 1. immediately above) to apply.
3. Individuals are eligible to apply to the HHS Recent Graduates Program up to nine (9) months prior to completing their education requirements but are required to meet eligibility requirements by the appointment date.
Qualification Requirements (5 CFR §§362.303(b) and (d)). Candidates are evaluated using OPM’s Qualification Requirements for the job series and grade level of the position being filled. Candidates may be appointed to any position up to the GS-11, or up to the GS-12 for scientific or professional research positions when the candidate has a PhD or equivalent degree:

Qualification Requirements by Grade Level
GRADE LEVEL	RECENT GRADUATE QUALIFICATION REQUIREMENTS
Up to GS-11	Any position in which the candidate qualifies.
GS-11	Science, technology, engineering, and math (STEM) positions, if the candidate possesses a Ph.D. or equivalent degree directly related to the STEM position being filled; or Scientific or professional research positions, as defined by OPM’s classification and qualification criteria, if the candidate possesses a master’s or equivalent graduate degree directly related to the position being filled.
GS-12	Scientific or professional research positions, as defined by OPM’s classification and qualification criteria, if the candidate possesses a Ph.D. or equivalent degree directly related to the position being filled.

Official Documentation. OpDiv/StaffDivs must request documentation (e.g., official or unofficial transcript, copy of the diploma, or other written documentation from the educational institution or career or technical education program) to verify applicants meet the eligibility criteria and qualification requirements in B. and C. immediately above.
Recruitment. See Section 362-1-70, General Program Requirements in this policy.
Appointment. Recent Graduate appointments are made under appointment authority 5 CFR §213.3402(b) for a period of one (1) year, unless the OpDiv/StaffDiv has a longer Recent Graduate program (see policy footnote/endnote 8).
Movement Between Agencies (5 CFR §362.304). Recent Graduates may apply to the PathBreak in Service. The timeways Program in other federal agencies prior to completing HHS’ Recent Graduate program requirements. Similarly, Recent Graduates at other federal agencies may apply to HHS’ Recent Graduate positions prior to completion of program requirements at other agencies. Time served under the previous agency’s program is credited towards the program requirements of the new agency provided there is no break in service, as defined in this policy.
Compensation. See Section 362-1-70, General Program Requirements.
Training and Development. See Section 362-1-80, Developmental Program Requirements.
Rotational Assignment(s). Per the OPM Pathways Programs Handbook, Recent Graduates may be detailed on one (1) to (6) month rotational assignments within the Department or to another federal agency. Recent Graduate rotational assignments must be for the purpose of providing the participant with professional development directly related to their career/position, and to aid in their retention within the federal government. See Section 362-1-80, Developmental Program Requirements for rotational assignment requirements.
Program Extensions. See Section 362-1-70, General Program Requirements.
Non-Competitive Conversion (5 CFR §362.305). Recent Graduates are eligible for conversion to a term or permanent position in the competitive service if the Recent Graduate meets the following requirements:
1. Is a U.S. citizen;
2. Successfully completes at least one (1) year of continuous service and all program requirements;
3. Receives an official summary rating of at least ‘Achieved Expected Results’ or its equivalent in accordance with HHS Instruction 430-1, Performance Management Appraisal Program (PMAP);
4. Receives a favorable recommendation for conversion in writing from their first-level supervisor; and
5. Meets the OPM qualification requirements (series and grade) of the position which the participant will be converted.
6. A participant who has met the program requirements may only be converted to a position with the same career ladder or promotion potential stated in the Pathways JOA used to recruit the participant.
7. See Section 362-1-70, General Program Requirements for Pathways conversion requirements.
Termination (5 CFR §362.306). As a condition of employment, the appointment expires:
1. At the end of the one (1) year appointment (plus any approved extensions) unless the Recent Graduate is converted to a position in the competitive service.
2. Recent Graduates may be terminated during their Recent Graduate appointment for reasons including misconduct, poor performance, suitability, or failure to follow the terms and conditions of the participant agreement. See also Section 362-1-70 - Separations/Terminations/Appeals in this policy.

362-1-110 Presidential Management Fellows Program

Overview. The Presidential Management Fellows (PMF) Program is the federal government’s leadership development program centrally managed by OPM. The PMF program promotes careers in the federal government by offering two (2) year leadership and development opportunities to graduates who have received advanced degrees within the past two (2) years and is designed to attract individuals who demonstrate academic excellence, possess management and leadership potential, and have an interest in and commitment to public service. Individuals are appointed to federal agencies at the GS-9, GS-11, or GS- 12 grade level (or equivalent), and at the end of the two (2) year program, employees who meet all program requirements may be non-competitively converted to a term or permanent position in the competitive service (5 CFR 362, Subpart D).
OPM Recruitment, Assessment, and Selection as a PMF Finalist (5 CFR §362.403).
1. OPM manages the annual recruitment for the PMF program. Candidates apply to the PMF Program's annual JOA in USAJOBS. Interested applicants may apply if they:
  1. Have received a qualifying advanced degree within two (2) years of the JOA, or
  2. Expect to complete an advanced degree by August 31 of the academic year in which OPM’s competition is held.
  3. Candidates may apply more than once under the criteria described in 5 CFR §362.403(d).
2. OPM assesses PMF finalists for initial appointments at the GS-9 grade level (or equivalent) based on each candidate’s experience and accomplishments via a structured assessment process.
3. Veterans’ preference is applied by OPM and PMF finalists’ preference status are annotated on the PMF finalist list.
4. OPM selects the finalists and publishes the annual list of PMF finalists eligible for appointment on their PMF website at https://www.pmf.gov/.
OpDiv/StaffDiv Recruitment, Assessment, and Selection of a PMF Finalist (5 CFR §§362.105(b) and (c)(2), and the OPM Pathways Programs Handbook). After OPM publishes the list of PMF finalists, OpDivs/StaffDivs are responsible for recruiting, assessing, and selecting PMF finalists for positions within their respective Division:
1. OpDiv/StaffDiv PPCs must advertise PMF job opportunities for their respective Division in the PMF Talent Management System (TMS) on OPM’s website. (Each OpDiv/StaffDiv PPC will need an account established by the HHS PMF Program Coordinator, contact Pathways@hhs.gov.) PMF JOAs must contain sufficient information for finalists to determine their interest in applying to the position, including job title/series/grade, duties, geographic location(s), salary, promotion potential, and conversion potential. If the OpDiv/StaffDiv chooses to additionally post the PMF vacancy on USAJOBS, the USAJOBS link should also be included in the TMS JOA.
2. PMF job opportunities are open in accordance with Section 362-1-70, General Program Requirements – JOA Open Period.
3. Applications are accepted for PMF positions in accordance with Section 362-1-70, General Program Requirements – Accepting Applications.
4. Selection priority is first given to PRL candidates in accordance with Section 362-1-70, General Program Requirements – HHS PRL.
5. OPM’s Qualification Standards apply to PMF positions that are filled above the GS-9 level, or positions that have Individual Occupational Requirements at the GS-9 level. (PMF finalists are pre-qualified at the GS-9 level, see B. 2. above.)
6. OpDivs/StaffDivs follow the assessment and selection procedures in Section 362-1-70, General Program Requirements – Assessment and Selection, when filling PMF positions.
Appointment. PMF appointments are for two (2) years under appointment authority 5 CFR §213.3402(c).
1. Appointment Eligibility. PMFs are eligible for appointment for 12 months from the date OPM selects the individual as a PMF finalist. PMFs must enter on duty within this timeframe.
2. Entry Level Grade. Appointments may be made at the GS-9, GS-11, or GS-12 grade level (or equivalent), based on the PMF's qualifications.
3. Full Performance Level (FPL). OpDivs/StaffDivs determine the career ladder of PMF positions within their Division. See also Section 362-1-70, General Program Requirements – Promotion.
4. Required Documentation. PMFs must provide official documentation to verify their graduate degree completion prior to initial appointment/entrance on duty.
5. Reimbursement Fee. The PMF reimbursement fee ($8,000 per initial PMF appointment effective with the PMF Class of 2022) must be submitted to OPM’s PMF Program Office at pmffee@opm.gov no later than 30 days after the PMF accepts a tentative job offer. An Interagency Agreement Form (FS Form 7600A and B) at https://www.pmf.gov/agencies/resources/ must also be submitted.
6. The OpDiv/StaffDiv PPC must notify the HHS PMF Program Coordinator at Pathways@hhs.gov within seven (7) days after appointment, so ASA/OHR can notify OPM via TMS.
Work Schedule (5 CFR §362.404(e). A PMF participant has a full-time work schedule; however, PMF participants may request a temporary part-time work schedule due to unexpected employee circumstances (e.g., the participant’s illness or injury, death in participant’s immediate family, significant life-altering event, etc.). The PMF’s supervisor may approve a part-time work schedule request for up to six (6) months if the supervisor determines a temporary part-time schedule will not negatively impact the PMF’s ability to meet all program requirements by the end of the PMF’s appointment. Both the supervisor and participant should consider how a temporary part-time work schedule may impact the PMF’s ability to meet qualification requirements for promotions. If approved, the PMF’s participant agreement must be documented with the temporary work schedule.
Movement between Agencies (5 CFR §362.406). PMFs may move to another federal agency at any time during their PMF appointment under the following conditions:
1. The PMF must separate from the current agency and the new agency must appoint the participant without a break in service; and
2. Time served under the previous PMF appointment applies towards the completion of the program at the new employing agency.
3. If the move occurs within the first six (6) months of the PMF’s appointment, the original appointing agency may request reimbursement of one-quarter of the PMF placement fee from the new appointing agency.
4. The OpDiv/StaffDiv PPC must notify the HHS PMF Program Coordinator at Pathways@hhs.gov within seven (7) days after appointment when a PMF from another federal agency is appointed to HHS, so ASA/OHR can notify OPM via TMS.
Compensation.
1. See Section 362-1-70, General Program Requirements.
2. PMF participants are eligible for promotion up to the GS-13 grade level while in the PMF program, and above the GS-13 grade level upon or after the date of conversion to a position in the competitive service following successful completion of the Program, when the promotion requirements in Section 362-1-70, K. 3. are met (OPM Pathways Programs Handbook).
Training and Development. See Section 362-1-80, Developmental Program Requirements.
Rotational Assignment(s) (5 CFR §362.405(b)(4)).
1. Development Assignment(s): PMF participants must be provided at least one (1) four (4) to six (6) month assignment with full-time management and/or technical responsibilities consistent with the PMF’s IDP. Development assignments can be within the Department or to another federal agency. (Details within the PMF’s employing OpDiv/StaffDiv should be to a different work unit and supervisor.) Development assignments cannot be outside of the federal government (OPM FAQs - PMF). Developmental assignments must provide challenging work experience of a caliber appropriate for a participant in the Federal Government's flagship leadership development program. Examples of appropriate developmental assignments may include projects implementing a new executive order or major piece of legislation, agency reorganization, or cross-agency collaboration on a major administration initiative.
2. Optional Assignment(s): PMF participants may additionally be detailed to short-term assignments between one (1) to four (4) months at the employing OpDiv/StaffDiv’s discretion. Details can be within the Department or to another federal agency. (Details within the PMF’s employing OpDiv/StaffDiv should be to a different work unit and supervisor.) PMF details to certain non-federal organizations are permitted under the provisions of the Intergovernmental Personnel Act (IPA) program (HHS Instruction 300-3, Details and IPA Assignments), when they will provide the PMF with knowledge, skills, and experiences related to the HHS mission and/or aid in the PMF’s retention within the federal government.
3. See Section 362-1-80, Developmental Program Requirements for rotational assignment requirements.
Program Extensions. See Section 362-1-70, General Program Requirements.
Certification (5 CFR §§362.401 and 405 and OPM Pathways Programs Handbook).
1. The HHS Executive Resources Board (ERB)⁹ evaluates each PMF and determines whether to certify in writing that the PMF met all program requirements, including performance and developmental requirements outlined in the PMF’s performance plan and IDP. The ERB may consult the employee’s supervisor and/or mentor to make its decision.
2. The ERB must certify NLT 30 days prior to the 2-year anniversary date of the PMF’s appointment and notify the PMF of their decision.
3. Certifications must be forwarded annually to the HHS PMF Program Coordinator upon request.
4. If the ERB does not certify a PMF, the PMF may request for OPM to reconsider. The request must be in writing within 15 days of the ERB’s decision. Approved requests are sent to the HHS PMF Program Coordinator at Pathways@hhs.gov for review and OPM approval. OPM’s decision is not subject to appeal and the PMF may continue in the Program pending outcome of OPM’s decision. OpDiv/StaffDivs are required to continue to provide the appropriate developmental activities during the waiting period. A PMF who is not approved for certification and whose appeal to OPM is denied is not eligible for conversion (5 CFR §362.409).
Non-Competitive Conversion (5 CFR §362.409).
1. PMFs are eligible for conversion, without a break in service, to a term or permanent position in the competitive service if the PMF meets the following requirements:
  1. Is a U.S. citizen;
  2. Completed all PMF program requirements within two (2) years of appointment (plus any approved extensions);
  3. Received an official summary rating of at least ‘Achieved Expected Results’ or its equivalent in accordance with HHS Instruction 430-1, Performance Management Appraisal Program (PMAP);
  4. Receives a favorable recommendation for conversion in writing from their first-level supervisor;
  5. Is certified in writing by the servicing HRD that the PMF has met all requirements prior to conversion; and
  6. Meets the OPM qualification requirements (series and grade) of the position which the participant will be converted.
2. See Section 362-1-70, General Program Requirements for Pathways conversion requirements.
Separations.
1. Withdrawal/Resignation (5 CFR §362.407). A PMF may withdraw from the program at any time.
  1. Withdrawals are treated as resignations from federal service; however, any obligations established upon admission and appointment, such as a recruitment incentive, still apply.
  2. If the PMF previously held a permanent appointment in the competitive service in the OpDiv/StaffDiv immediately prior to entering the Program, and the withdrawal from the program is not related to misconduct, poor performance, or suitability, the PMF may be placed in a permanent competitive service position within the employing OpDiv/StaffDiv at the discretion of the servicing HRD (5 CFR §362.407(a)(2)).
  3. The OpDiv/StaffDiv PPC must notify the HHS PMF Program Coordinator at Pathways@hhs.gov within seven (7) days when a PMF withdraws from the PMF program, so ASA/OHR can notify OPM via TMS.
2. Readmission (5 CFR §362.407(b)). If a PMF withdraws from the Program for reasons that are related to misconduct, poor performance, or suitability, as determined by the agency, he or she will not be readmitted to the Program at any time. If a PMF withdraws from the program for reasons that are not related to misconduct, poor performance, or suitability, the former PMF may petition their servicing OpDiv/StaffDiv in writing for readmission and reappointment to the PMF Program. Such a petition must be in writing and include appropriate justification. The HRD, in consultation with the OpDiv/StaffDiv leadership, may tentatively approve or deny the request for readmission. The HHS PMF Program Coordinator is notified at Pathways@hhs.gov within seven (7) days of readmission approval, along with the PMF’s proposed status in the Program upon readmission and reappointment. ASA/OHR will notify the OPM Director. OPM may overrule HHS’ decision to readmit and reappoint the PMF, and the OPM Director’s decision is not subject to appeal.
3. Termination (5 CFR §362.408 and OPM Pathways Programs Handbook). As a condition of employment, the appointment expires:
  1. At the end of the two (2) year appointment (plus any approved extensions) unless the PMF participant is selected for non-competitive conversion. A termination based on the expiration of a PMF’s appointment is not effected under 5 USC Chapter 35, 5 USC Chapter 43, or 5 USC Chapter 75, and the participant does not have appeal rights. In these instances, HR Centers should follow the termination-expiration of appointment procedures found in the OPM Guide to Processing Personnel Actions.
  2. A PMF may be terminated for reasons including misconduct, poor performance, suitability, or failure to follow the terms and conditions of the PMF’s participant agreement. See also Section 362-1-70 - Separations/Terminations/Appeals in this policy.
  3. The OpDiv/StaffDiv PPC must notify the HHS PMF Program Coordinator at Pathways@hhs.gov within seven (7) days when a PMF is terminated from the PMF program, so ASA/OHR can notify OPM via TMS.

362-1-120 Documentation, Reporting, and Accountability

Documentation. Pathways Programs recruitment case files, including all documentation sufficient for third-party review, must be retained for a total of two (2) full years after the employee is converted or leaves the program. Records associated with a Pathways appointment (i.e., participant agreement, mentoring and training records including IDP; detail records (i.e., rotational and/or development assignments)); and records the participant fulfilled the program requirements must also be retained for two (2) full years after the participant’s conversion or departure. (National Archives and Records Administration (NARA), General Records Schedule 2.1)
Records involved in litigation and grievance processes that are subject to a litigation hold must be preserved until an official litigation hold lift notice is received from OPM, Department of Justice, courts, the Office of the General Counsel, etc. that the matter has been fully litigated, or resolved, and closed.
Reporting. Every three (3) years beginning in FY2024, the following information must be reported to OPM (5 CFR §362.109). OpDivs/StaffDivs are required to track/maintain this information to respond to data calls by the HHS Pathways Program Officer (PPO):
1. Information on the entry-level occupations targeted for filling under the Pathways Programs in the coming three (3) fiscal years;
2. The percentage of overall hiring expected in the coming three (3) fiscal years under each Pathways Program;
3. For the preceding three (3) fiscal years:
  1. The number of employees initially appointed under each Pathways Program;
  2. The percentage of the OpDiv/StaffDiv’s overall hires made from each Pathways Program;
  3. The number of participants for each Pathways Program converted to the competitive service; and
  4. The total number of Pathways participants for each fiscal year reported.
Accountability. ASA/OHR and OPM will conduct periodic accountability reviews to analyze compliance with this policy, OPM guidance, and all applicable federal laws and regulations.

Appendix A – Employee or Applicant Questions and Requests to Review Policy

Policy Review (5 CFR §362.104(a)(11). When an OpDiv/StaffDiv employee or applicant requests to review HHS’ Pathways Programs policy, the servicing HR Center is responsible for providing either a copy of this policy or the public web address where this policy is located: HHS HR Policy Library.

Questions. Employee or applicant questions are answered by the servicing HR Center via Contact Your HR Center | HHS Intranet or listed on the Pathways announcement.

Appendix B – HHS Pathways Program Officer and PMF Program Coordinator

HHS Pathways Program Officer: Geneita Russell

HHS PMF Program Coordinator: Tara Watson

Email: Pathways@HHS.gov (Employees and applicants, see Appendix A)

Appendix C – HHS OpDiv/StaffDiv Recent Graduate Programs exceeding 1-year

Office of the Assistant Secretary for Financial Resources (ASFR) Recent Graduate Program (Acquisitions), 2-year development program for Contracting (1102) positions. Current opportunities are available on HHS Careers and USAJOBS.

Centers for Disease Control and Prevention (CDC) Recent Graduate Program (Public Health Analyst), 2-year development program for Public Health Specialists (0685). Current opportunities are available on CDC’s career page and USAJOBS.

Centers for Medicare & Medicaid Services (CMS) Recent Graduate Program (Digital Fellows), 2-year development program for Information Technology (2210) positions. Current opportunities are available on HHS Careers and USAJOBS.

Endnotes

¹ U.S. national is a person born in American Samoa or Swains Island.

² Recommended JOA Language: ‘Employees selected for this position are eligible for promotion up to the GS-xx grade level while in the Pathways Program and up to the GS-xx grade level after successful completion of the Program.’

³ Interns NTE are not eligible for promotion.

⁴ The USAJOBS Agency Talent Portal is available to help connect Pathways Interns and Recent Graduates who are unable to be converted in their current agencies with employment opportunities at other agencies. Employee questions should be sent to their servicing OpDiv/StaffDiv Pathways Program Coordinator. HR Centers should contact HHS’ Pathways Program Officer.

⁵ Interns may be converted anywhere within the Department or another agency without the conditions in Section 362-1-70, P. 8. above (5 CFR §362.107(c)(1)).

⁶ An OpDiv/StaffDiv may require more than 480 work hours for Interns and may set higher minimums for different positions. Higher minimums must be documented in an OpDiv/StaffDiv’s internal Pathways Programs guidance and applied uniformly to all Intern participants.

⁷ If an OpDiv/StaffDiv has established higher minimum number of work hours, as described in foot/endnote 6, HRDs may waive and/or credit up to one-half of the required minimum service hours totaling not more than 320 work hours.

⁸ OpDiv/StaffDiv HRD requests for a Recent Graduate program longer than one (1) year must be sent to the HHS Pathways Program Officer at pathways@hhs.gov for CHCO approval. Requests must contain justification for the necessity for a longer, more structured OpDiv/StaffDiv Recent Graduate Program including purpose, duration, positions covered, and description of the training and development (5 CFR §362.301(a)). OpDiv/StaffDiv programs must follow 5 CFR Part 362 and this policy. Participant agreements for covered positions must contain info on the OpDiv/StaffDiv program. See Appendix C for approved OpDiv/StaffDiv programs.

⁹ In absence of an established HHS ERB, the servicing HRD evaluates and certifies each PMF within their Division. The HRD may not redelegate this authority.

HHS Instruction 362-1: Pathways Programs