If you are a student or recent graduate seeking federal career opportunities through the Pathways Programs, please visit USAJOBS and Presidential Management Fellows (PMF) Program as the below guidance is for human resources practitioners.  The Pathways Regulations published on April 12, 2024, will not be effective until June 11, 2024. Agencies may begin using the new provisions of the rule at that time, provided they have updated their policies and procedures to reflect the changes in the final rule.  In the meantime, the existing Pathways Programs requirements and guidance are in effect.

Pathways Programs Final Rule Overview

Pathways Programs are federal career opportunities

The Federal government uses Pathways Programs to hire individuals who are generally in the early stages of their careers.

These programs are authorized by the president through Executive Order (E.O.) 13562.  

Individuals who successfully complete a Pathways Program may be eligible for noncompetitive conversion to a term or permanent job in the Federal civil service. 

There are three Pathways Programs: 

• Internship: Provides high school, undergraduate, and graduate students with opportunities for paid work in agencies and to explore Federal careers. Applicants must be enrolled at least part-time in school or an educational program (including Registered Apprenticeship Programs and certain volunteer service programs). Interns must complete a minimum of 480 internship hours (320 hours if they receive a waiver) to be eligible for conversion.
• Recent Graduates: Provides recent graduates with one to two-year developmental experiences in Federal agencies. Applicants must have graduated from a qualifying educational institution or career or technical education program within the previous two years. (Veterans unable to apply due to service obligations have up to six years after degree completion to apply).
• Presidential Management Fellows (PMFs): Provides advanced degree candidates and graduates the opportunity to participate in the Federal government’s premier two-year leadership development program. Individuals must apply within two years of completing an advanced degree defined as a masters, professional (for example, law), or doctorate. PMFs are assigned a mentor, participate in professional development, and complete at least 160 hours of formal, interactive training, an Individual Development Plan, and at least one developmental, rotational assignment.

Learn more about these programs at Students and Recent Graduates and Presidential Management Fellows. 

OPM is updating the Pathways Programs

OPM has updated the Pathways regulations to enable the Federal government to better compete with other sectors for early career talent.  

The initial Pathways regulations were issued in 2012. In the decade since, new generations have entered the workforce with different skillsets and interests, hiring and educational trends have changed, and agencies have learned more about how the programs can better support their talent needs. 

To modify the regulations, OPM issued a Notice of Proposed Rulemaking on August 16, 2023, to invite the public to comment on proposed updates. The comment period ended on October 2, 2023, and OPM considered this public feedback while revising the draft. OPM is now releasing the final rule, which contains requirements and procedures for agencies that hire early career talent through the Pathways Programs.

The new rule takes effect on June 11, 2024

Agencies may begin using the new provisions of this rule on June 11, 2024 (the effective date of the final rule) provided that they have updated their policies and procedures to reflect the changes in the final rule. Some agencies may require more time to implement the changes and have until December 9, 2024, to be in full compliance with the final rule.  This means some agencies may begin using the new provisions sooner than others.   

The new rule benefits Pathways applicants

• Eligibility for the Pathways Internship and Recent Graduates Programs is expanding to include those with or without formal degrees who have completed “qualifying career or technical education programs” (which may include Registered Apprenticeship Programs, Job Corps, AmeriCorps, and Peace Corps).
• Interns who have completed Registered Apprenticeship Programs and Job Corps can now count time served in those programs toward the total hours required to be eligible to convert to a permanent Federal position.
• Agencies may now convert interns to a permanent Federal position once they complete a minimum of 480 internship hours (down from 640 hours). Agencies also now have more options for granting waivers to outstanding interns, which may allow them to be converted after just 320 hours.
• Agencies may hire recent graduates at a GS-11 starting salary. The previous limit was GS-09. For comparison, the 2024 base rate difference between a GS-11 Step 1 ($62,107) and a GS-09 Step 1 ($51,332) is $10,775 (See
• Agencies now have 180 days to convert interns into permanent positions (up from 120 days), which will help both applicants and agencies. Additional administrative changes will make it easier for agencies to recruit and hire for Pathways positions and for individuals to navigate the Federal hiring process.

Learn more about the Pathways Programs final rule changes via this comparison chart.

Learn more

Learn more about the final rule and the Pathways Programs via this OPM memorandum and fact sheet.

You can also search and apply for Pathways positions on the following sites:

• Pathways Internships
• Pathways Recent Graduates
• Students and Recent Graduates Hiring Path
• Presidential Management Fellowships

General Provisions

What is the Pathways Programs framework? 

The Pathways Programs framework consists of three separate programs that give students and recent graduates access to federal internships and potential federal careers through Schedule D excepted service appointments:

• Internship Program: Provides high school, undergraduate, and graduate students with opportunities for paid work in agencies and to explore Federal careers while still in school. Applicants must be enrolled at least part-time in school or an educational program (including Registered Apprenticeship Programs and certain volunteer service programs). Interns must complete a minimum of 480 internship hours (320 hours if they receive a waiver) to be eligible for conversion to the competitive service.
• Recent Graduates Program: Provides recent graduates with one- to two-year developmental experiences in Federal agencies. Applicants must have graduated from a qualifying educational institution or career or technical education program. Individuals must apply within two years of completing a degree or certificate. (Veterans unable to apply due to service obligations have up to six years after degree completion to apply.)
• Presidential Management Fellows (PMFs): Provides advanced degree candidates and graduates the opportunity to participate in the Federal government’s premier two-year leadership development program. Individuals must apply within two years of completing an advanced degree, defined as a masters, professional (for example, law), or doctorate. PMFs are assigned a mentor, participate in professional development, and complete at least 160 hours of formal, interactive training, an Individual Development Plan, and at least one developmental, rotational assignment.

Where are the Pathways Programs regulations codified? 

These regulations can be found in 5 CFR parts 362, 213, 302, and 315.

• General rules for all Pathways Programs are codified in 5 CFR part 362, subpart A.
• Rules specific to the Internship Program are codified in 5 CFR part 362, subpart B.
• Rules specific to the Recent Graduates Program are codified in 5 CFR part 362, subpart C.
• Rules specific to the PMF Program are codified in 5 CFR part 362, subpart D.
• General provisions about Schedule D of the excepted service are codified in 5 CFR 213.3401-2.
• Regulations governing how to fill excepted service positions, including how to apply veterans’ preference, are codified at 5 CFR part 302.

Agencies are advised to refer to these provisions before filling jobs under the Pathways Programs and to confer with their counsel if they have any questions. 

Eligibility

What are the eligibility requirements for the Pathways Internship Program?

To be eligible, applicants must be:

• Accepted for enrollment or enrolled and seeking a degree (diploma, certificate, etc.) at a qualifying educational institution, on at least a half-time basis (as defined by the institution); or
• Accepted for enrollment or enrolled in a qualifying career or technical education program that awards a recognized postsecondary credential (such as a Registered Apprenticeship Program or Job Corps).

Under this program, an individual who needs to complete less than a half-time equivalent of an academic/vocational or technical courseload immediately prior to graduating is still eligible.

What are the eligibility requirements for the Pathways Recent Graduate Program?

To be eligible, an individual must have obtained an associate’s, bachelor’s, master’s, professional, doctorate, vocational, or technical degree, or a certificate from a qualifying educational institution, or have completed a qualifying career or technical education program within the previous 2 years.

What types of programs would meet the eligibility criteria for a qualifying career or technical education program?

Three types of programs meet these criteria:

• Federally administered educational programs that provide rigorous academic content, technical skill proficiency, and a recognized postsecondary credential to prepare the individual for further education and/or a career in a current or emerging profession;
• Registered Apprenticeship Programs; and
• Federally administered local, state, national, or international volunteer service programs.

What is a Federally administered career or technical education program?

A Federally administered career or technical education program is subject to programmatic oversight by a federal agency that includes:

• The nature and scope of work to be performed by participants,
• The type(s) and scope of training to be provided to participants,
• The types of skills participants will acquire or develop during the program (e.g., teaching, environmental, business, scientific, public health/health care, languages),
• The level and extent of mentoring participants will receive, and
• The metrics for successful completion of the program.

Programmatic oversight may be reflected in partnership or cooperative agreements.

What types of documentation may an agency accept when determining eligibility for the Internship Program?

An agency may accept a transcript (official or unofficial), a 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 into a qualifying educational program).

What types of documentation may an agency accept when determining eligibility for the Recent Graduate Program?

An agency may accept a transcript (official or unofficial), a copy of the diploma, or other written documentation from the educational institution or career and technical education program. The documentation must be sufficient to allow the agency to determine that the eligibility criteria in 5 CFR 362.302 has been met. Such information includes but is not limited to:

• The applicant’s name
• The name of the degree or career or technical education program
• Date the degree or career or technical education program was or will be completed
• Information on the length of the program for those meeting the eligibility criteria based on the completion of a certificate or participation in a Federally administered volunteer service program

Must applicants have completed their educational degree requirements or career and technical education programs to be eligible to apply to the Recent Graduates Program? 

No. Students who have not completed their educational degree requirements or career and technical education programs may apply and be considered for a Recent Graduates job in the weeks/months prior to the job being filled. These individuals must, however, meet the definition of a recent graduate in 5 CFR 362.302 prior to appointment.

In addition, agencies can choose to accept applications from individuals who will complete education by a certain cutoff, for example, announcement closing, date certificate issued, appointment date. Any such conditions must be established in the agencies’ Pathways policy and in the agencies’ application procedures under 5 CFR 302.301.

What constitutes a valid certificate program for purposes of eligibility under the Pathways Programs? 

The Pathways Programs regulation (see 5 CFR 362.102) defines certificate program as post-secondary education at either:

• a qualifying educational institution (trade or vocational school, 2-year or 4-year college or university, or graduate or professional school) equivalent to at least one academic year of full-time study that is part of an accredited college-level, technical, trade, vocational, or business school curriculum; or
• a qualifying career or technical education program of at least one year that awards a recognized postsecondary credential. 

Must candidates be U.S. citizens or Nationals at the time they are appointed to the Internship, Recent Graduates, or PMF Program? 

It depends. There is no overarching requirement that applicants for positions in the excepted service be U.S. citizens. Many agencies, however, are restricted from paying non-citizens by their annual appropriations legislation or other agency-specific enabling statutes. Each agency will need to consider whether any such restrictions apply to it, in conjunction with its agency counsel. Moreover, an agency may appoint a non-citizen to a Pathways Program position only if the student or recent graduate is lawfully admitted to the United States as a permanent resident or is otherwise authorized to be employed. A Pathways intern, recent graduate, or fellow must possess full U.S. citizenship by the end of the Program to be eligible for consideration for non-competitive conversion to permanent Federal employment in the competitive service.

Public Notification

What options are available to satisfy the public notification requirement under the Pathways Programs? 

An agency may satisfy the Pathways Programs public notification requirement (found in 5 CFR 326.104(c)(6)(iii) and 362.105(b)), in 2 ways:

• Posting a searchable announcement on USAJOBS.gov; or
• Posting job information with a link to a USAJOBS custom job announcement on the agency’s public-facing career or job information web page.

When using either of these options agencies are also encouraged to use additional recruitment and advertisement activities such as postings on third-party websites and/or social media.

Agencies post PMF appointment opportunities when recruiting finalists for PMF positions on the PMF Program’s Talent Management System (TMS).

What information must be included in a job announcement for a Pathways Internship position? 

At a minimum, agencies’ job opportunity announcements or custom postings for Internship or Recent Graduate Programs positions must include:

• Position title, series and grade of the position(s) being filled
• Starting salary of the position
• Geographic location(s) of the position(s) being filled
• Minimum qualifications of the position
• Information about how to apply or a link to the agency’s website for more information and instructions for submitting an application
• Reasonable Accommodation statement
• Information about how to claim veterans’ preference
• Information about the possibility of conversion to permanent appointment (if applicable)
• Promotion potential (if applicable)

OPM also recommends inclusion of the following information in job opportunity announcements:

• Brief description of duties of the job(s) to be filled
• Available work schedules for the job(s) to be filled
• Links to Pathways Programs information
• Availability of relocation expenses or recruitment incentives (if applicable)
• Brief description of duties of the job(s) to be filled
• Available work schedules for the job(s) to be filled
• Information about the possibility of conversion to permanent appointment (if applicable)
• Promotion potential (if applicable)
• Links to Pathways Programs information
• Availability of relocation expenses or recruitment incentives (if applicable)

Can an agency advertise at a career fair (or host its own), accept applications only at that event, without providing public notification of the event? 

No. Agencies must provide public notification (as described above) when recruiting and accepting applications for Pathways internship or recent graduate positions. Additionally, the agency must post an adequate alternative method of applying for candidates who do not attend the career fair or other event.

What options does an agency have to manage its Pathways job announcement to avoid situations where the response to the USAJOBS announcement is an unmanageably high number of applications? 

Agencies have several options for managing the Pathways job announcement process so that it does not result in receiving an unmanageably high number of applications, including:

• Limiting the announcement open period.  Agencies have discretion to determine the length of time a Pathways Program job opportunity announcement is open.  When doing so, agencies should give consideration to the type of position, grade level, and geographic location of the position being filled.  For example, an Internship not-to-exceed (NTE) administrative position in a remote location with a nearby campus being filled at the GS-4 level for the summer months may not need to be open as long as a scientific or technical Internship position being filled at the GS-11 level at the Department headquarters location. 
• Limiting the number of applications received.  Agencies have the discretion to set ‘cut-offs’ or limits (e.g., the first 75 or 100 applications received) on the number of applications it will consider when filling a given Pathways position.  When using such limits, OPM strongly encourages agencies to accept any applications received up until 11:59 p.m. of the day the limit is reached (to accommodate applicants in non-Eastern time zones).
• Using specific eligibility requirements for entrance into your agency’s Pathways Programs.  With respect to your agency’s Intern Program, you may use requirements such as the ability to work a specified number of hours each week or be in good academic standing (i.e., maintenance of a minimum grade point average (GPA)) as eligibility criteria.  [Note: Agencies may not require the completion of educational requirements for specific coursework for occupations that do not have a positive education requirement.]  In addition, agencies may require that applicants affirm their ability to work in the specific location(s) listed in the announcement.

An agency's procedures for receiving applications (see 5 CFR 302.201) must address the use of these options. Additionally, when one or more of limitations are used the agency must state the limitation in the Pathways job opportunity announcements. Agencies must consider the merit systems principles when posting notices and consider whether the notice and time allowed will provide for a fair and open competition that assures that potential applicants for the position will receive fair and equitable treatment. Consultation with agency counsel is always desirable.

Custom Postings

What is a USAJOBS custom posting?

A USAJOBS custom posting is a USAJOBS announcement that may only be accessed using a unique link or URL. The job posting is stored in USAJOBS but is not searchable on USAJOBS. If the Apply Online option is enabled on the custom job posting, the applicant can see their application status in USAJOBS, and the agency also receives post-audit applicant flow data to inform hiring trends.

How can an agency use a USAJOBS custom posting to meet the Pathways public notification requirement?

The use of a USAJOBS custom posting meets the Pathways public notification requirement when the agency shares the custom posting link with the public by posting it on the agency’s website. Agencies may also find it useful to share the custom posting link in other recruiting and advertising materials such as a third-party website.

When would an agency want to use a USAJOBS custom posting?

OPM encourages agencies to post Pathways job announcements using a standard USAJOBS posting for all student and recent graduate jobseekers to see. However, if the hiring agency does not want to use a traditional USAJOBS announcement for the Pathways job announcements, OPM permits agencies to use a custom job posting, and the hiring agency can receive applicant flow data as with a traditional USAJOBS announcement.

How is a USAJOBS custom posting created?

The custom job posting is created in the Talent Acquisition System (TAS). Once the posting is created, the HR specialist receives a unique URL that can be shared on social media platforms, agency career sites, or third-party job boards.

Where can an agency find more information on using a USAJOBS custom posting?

For specific steps on how to create a custom posting, reach out to your agency’s Talent Acquisition System (TAS) point of contact. Additional custom job posting questions can be sent to recruiter-help@usajobs.gov. 

Recruitment

Can agencies conduct outreach prior to (or without) posting a USAJOBS announcement or custom posting? 

Yes. Agencies have the discretion to conduct outreach on campuses before (or without) posting a USAJOBS announcement. These may be informational/awareness-type events or liaison activities.

Can agencies use strategic outreach and recruitment efforts to build a diverse applicant pool? 

As part of a broad overall recruitment plan, agencies may conduct strategic recruitment activities to enhance the diversity and size of the applicant pool. Agencies should ensure that such activities are one part of an overall recruitment plan, and that public notice of the opportunities is available to everyone.

If an agency decides to hold or attend an on-campus recruitment event at which it will accept applications for filling Pathways Program positions, what information must be in the announcement publicizing the event on USAJOBS or the agency’s public-facing career or job information web page? 

The following information must be included in the announcement:

• Location, date, and time of the event
• Any relevant information on how to access the event location (including reasonable accommodation information for persons with disabilities)
• Position title, series, and grade of the job(s) to be filled
• Geographic location of the job(s) to be filled
• A public source (such as a link on the agency’s webpage) that contains information about how to attend the event and how to apply if interested parties cannot attend the event.
• Information about how to claim veterans’ preference when applying.

What are some effective practices agencies should follow when recruiting for Pathways positions?

OPM encourages agencies to:

• Base their recruitment strategy on workforce planning
• Conduct strategic recruitment with a variety of talent sources to attract qualified applicants from all segments of society
• Recruit from a diverse spectrum of campuses or schools prior to announcing and filling jobs through the Pathways Programs
• Ensure on-campus recruitment events are open to all, not just students at that campus. (Note that agencies must provide an adequate alternative means of applying and should provide any additional information about the opportunity that would be helpful to a potential applicant who is unable to attend the on-campus event.) 

To the extent practicable, agencies should conduct outreach events to make students and recent graduates aware of the USAJOBS website, the Federal Internship Portal (https://intern.usajobs.gov/), and the Recent Graduate Portal (https://recentgrad.usajobs.gov/) and encourage them to apply for positions when they become available.

When conducting on-campus recruitment, agencies should consider the proximity of the campus to the actual location of the job to be filled. The commute must be feasible for students to benefit from the event.

What are some effective practices agencies should follow when recruiting for Pathways positions? 

OPM encourages agencies to:

• Base their recruitment strategy on workforce planning
• Conduct strategic recruitment with a variety of talent sources to attract qualified applicants from all segments of society
• Recruit from a diverse spectrum of campuses or schools prior to announcing and filling jobs through the Pathways Programs
• Ensure on-campus recruitment events are open to all, not just students at that campus. (Note that agencies must provide an adequate alternative means of applying and should provide any additional information about the opportunity that would be helpful to a potential applicant who is unable to attend the on-campus event.)

To the extent practicable, agencies should conduct outreach events to make students and recent graduates aware of the USAJOBS website, the Federal Internship Portal (https://intern.usajobs.gov/), and the Recent Graduate Portal (https://recentgrad.usajobs.gov/) and encourage them to apply for positions when they become available.

When conducting on-campus recruitment, agencies should consider the proximity of the campus to the actual location of the job to be filled. The commute must be feasible for students to benefit from the event.

Veterans’ Preference and Pass Overs

Are agencies required to apply veterans’ preference when making selections for Pathways Programs positions?

Yes. Pursuant to 5 CFR 362.105(c)(2), each agency is required to apply veterans’ preference when filling positions using the Pathways Programs.

How is veterans’ preference applied when filling jobs under the Pathways Programs? 

Agencies must apply veteran’s preference in accordance with the procedures in 5 U.S.C. 3320 and 5 CFR 302, and any applicable agency policy. How veterans’ preference is applied depends upon the selection method the agency chooses to use when filling its Pathways jobs. In accordance with 5 CFR part 302, agencies can generally choose from among three selection methods when filling jobs in the excepted service: the ranked list, the unranked list, or a category rating-like process.

Ranked list – This method works the same as the ‘rule of three’ rating-and-ranking process used in the competitive service.  Individuals are assessed against criteria which produces a numerical score.  Preference eligibles who earn a passing score receive 5 or 10 points, as appropriate, which are added to their score.  Applicants are then listed in score order and selection is made from the highest-ranked three names available on the list.  Preference eligibles with a 10 percent or more disability are placed at the top of the list, and thus achieve the highest ranks.  Agencies cannot select a non-preference eligible veteran over a preference eligible veteran with an equal or higher score without going through the applicable pass over procedures. 

Unranked list – Applicants who meet basic eligibility criteria are listed by veterans’ preference category: 10 percent or more disabled veterans, other 10-point preference eligible veterans, 5-point preference eligible veterans, and then non-preference eligible veterans.  An agency must consider the candidates in the highest preference group first.   Agencies cannot select a non-preference eligible veteran until the preference eligibles are exhausted or the agency has gone through the proper pass over procedures with respect to the preference eligibles that are remaining.

Category rating- like process – Under 5 CFR part 302.105, agencies may establish their own systems for applying veterans’ preference provided that such a system results in preference eligible applicants receiving at least as much advantage as they would under the numerical ranking or unranked selection methods.  Out of convenience, many agencies have adopted a category rating-like process.  This method works the same way as category rating does in the competitive service.  Rather than using numerical scores, individuals are assessed against agency-established criteria and placed in one of two or more pre-defined quality categories.  Preference eligibles are listed ahead of non-preference eligibles in the quality category into which they are placed.  Preference eligibles with a 10 percent or more disability are placed in the highest quality category (ahead of the non-preference eligibles).  An agency must make its selection from the highest quality category.  An agency cannot select a non-preference eligible over a preference eligible veteran until the preference eligibles in the top category are exhausted, or the agency has gone through the applicable pass over procedures with respect to the preference eligibles that are remaining in that top group.  An agency may select any preference eligible veteran in the highest quality category. 

If fewer than three people are in the highest quality category, the agency can merge the highest and second highest quality category into a new category – provided that all preference eligible veterans from both categories are listed ahead of the non-preference eligibles in the newly merged category.

Professional Order – When filling professional and scientific positions at the GS-9 level and above, the rules differ slightly.  Agencies may list applicants either in a ranked list by score order or in an unranked list by preference status.  When a ranked list is used, preference eligibles who earn a passing score will have an additional 5 or 10 points, as appropriate, added to their score.  Applicants are then listed in score order (i.e., nobody “floats”), and selection is made from the highest-ranked three names available on the list.  When an unranked list is used all qualified preference eligibles will be listed in order of preference status (which will consist of  candidates eligible for 10-point veterans’ preference followed by candidates eligible for 5-point veterans’ preference), followed by all other qualified applicants.  An agency must consider preference eligibles in the highest preference group first.  An agency may not consider a non-preference eligible until all preference eligibles have been exhausted or the agency has gone through the proper pass over procedures with respect to the preference eligibles who are remaining.  

What are the procedures for passing over a preference eligible veteran who has a compensable disability of less than 30 percent in the excepted service?

A preference eligible veteran, who does not have a compensable disability of 30 percent or more, can be eliminated from consideration only if the agency sustains the selecting official’s objection to the preference eligible for adequate reason. These reasons, which must be recorded, include reasons based upon the criteria for medical disqualification under 5 CFR Part 339, reasons based upon the criteria for making suitability determinations listed at 5 CFR 731.202, or other reasons considered by the agency. Agencies should be mindful of 5 U.S.C. 3320 and 5 CFR 332.406 in considering reasons for passing over a preference eligible and should consult with their counsel concerning whether a given reason is likely to meet the standard of making selections “in the same manner and under the same conditions required for the competitive service” standard set out in section 3320. OPM must approve the sufficiency of an agency reason to medically disqualify or pass over a preference eligible to select a non-preference eligible or to object to or pass over a candidate based upon medical reasons. The preference eligible (or his or her representative) is entitled to a copy of the agency’s reason(s) for the pass over, upon request.

What are the procedures for passing over a preference eligible veteran who has a compensable disability of 30 percent or more in the excepted service? 

In accordance with 5 U.S.C. 3312 and 5 CFR 339.102(c) and 332.406, the following special provisions apply to medically disqualifying a disabled veteran with a compensable service-connected disability of 30 percent or more, based on inability to perform the physical requirements of the position:

• The agency must at the same time notify, in writing, both OPM and the disabled veteran of the reasons for its desire to disqualify the disabled veteran and of the veteran’s right to respond to OPM within 15 days of the date of the notification.
• The agency must provide evidence to OPM that the notice was timely sent to the disabled veteran’s last known address.
• OPM must make a determination on the disabled veteran’s physical ability to perform the duties of the position, taking into account any additional information provided by the veteran.  The agency must submit sufficient evidence to support its request, including evidence that a reasonable accommodation is not possible, and that the employee cannot perform the essential functions of the position without endangering the health and safety of the individual or others.
• OPM may ask the agency to submit more detailed information in support of its request.
• If OPM agrees that the veteran cannot fulfill the physical requirements of the position, the agency may select another qualified person from the certificate of eligibles.  If OPM finds the veteran able to perform the job, the agency may not pass over the veteran on the basis of inability to perform the physical requirements.
• This procedure does not stop the agency from filling a position if it has more than one position to fill from the same certificate and holds open a position that could be filled by the individual against whom a request has been filed.
• OPM will notify the agency and the disabled veteran of its decision, with which the agency must comply.
• OPM is prohibited by law from delegating these functions to any agency.

In accordance with 5 U.S.C. 3318 and 5 CFR 332.406, the following special provisions apply to passing over a disabled veteran with a compensable service-connected disability of 30 percent or more, for nonmedical reasons:

• The agency must at the same time notify, in writing, both OPM and the disabled veteran of the reasons for its desire to pass over the disabled veteran and of the veteran’s right to respond to OPM within 15 days of the date of the notification.
• The agency must provide evidence to OPM that the notice was timely sent to the disabled veteran’s last known address.
• OPM will determine if the request was for a proper and adequate reason under its regulations, and the sufficiency of the evidence presented, taking into account any additional information provided by the veteran.
• OPM may ask the agency to submit more detailed information in support of its request.
• If OPM sustains the pass over request, the agency may select another qualified person from the certificate of eligibles.  If OPM does not sustain the request, the agency may not pass over the veteran on the basis of the reason presented.
• This procedure does not stop the agency from filling a position if it has more than one position to fill from the same certificate and holds open a position that could be filled by the individual against whom a request has been filed.
• OPM will notify the agency and the preference eligible or disabled veteran of its decision, with which the agency must comply.
• OPM is prohibited by law from delegating these functions to any agency.

Can an agency use the Schedule A hiring authority for People with Intellectual Disabilities, Severe Physical Disabilities, and Psychiatric Disabilities to appoint a person with a disability to a position in the Pathways Program? 

No. The Schedule A hiring authority cannot be used to fill Pathways Programs positions. The Pathways Programs hiring authority is Schedule D. The Pathways Programs and the Schedule A authority for persons with disabilities are two separate hiring authorities with separate eligibility requirements and hiring processes. An applicant with a disability may apply to positions in the Pathways Programs by following the instructions found in the job opportunity announcement on USAJOBS (external link). When doing so, students with disabilities are considered for Pathways Programs positions in the same manner as other, non-disabled students in accordance with the provisions of 5 CFR part 302. An agency is, of course, required to provide reasonable accommodations, as required by law, and may wish to consult with counsel or its human resources office concerning such matters.

Qualifications and Assessments

Are agencies required to use assessments as part of the selection process?

For the Internship and Recent Graduate Programs, agencies must use valid job-related assessments such as crediting plans, which are the same thing as rating schedules (i.e., occupational questionnaires) or structured interviews. Agencies may also use the Administrative Careers With America (ACWA) rating schedules when making selections for Pathways Programs positions. Depending on the selection methodology used to fill a particular job (see 5 CFR part 302), agencies may assess only for general eligibility/minimum qualifications. OPM uses assessments to establish a list of finalists for the PMF Program.

The Pathways regulations require recent graduates to meet OPM Qualification Standards. Does this mean agency-specific qualification standards may not be used for the Recent Graduates Program? 

Yes. Agencies may not develop their own qualification standards for positions filled through the Pathways Recent Graduates Program. Agencies must use the OPM or OPM-approved qualification standards for the position being filled (or any qualification standards for the position required by law, if applicable).

Are agencies required to use OPM Qualification Standards for Pathways Internship Positions? 

No. Agencies may establish agency-specific qualification requirements, or use the OPM qualification requirements for the competitive service in place of the Group Coverage Qualification Standard for Schedule D, Pathway Internship Positions. (See 5 CFR 362.303(d))

Are agencies required to use assessments as a part of the selection process? 

For the Intern and Recent Graduate Programs, agencies must use valid job-related assessments such as crediting plans, which are the same thing as rating schedules (i.e., occupational questionnaires) or structured interviews. Agencies may also use the Administrative Careers With America (ACWA) written test or ACWA rating schedules when making selections for Pathways Programs positions. Depending on the selection methodology used to fill a particular job (see 5 CFR part 302), agencies may assess only for general eligibility/minimum qualifications. OPM assesses for a list of Finalists for the Fellows Program.

Promotions and Reassignments

Are Interns eligible for promotion without public notification and competition? 

Yes. An intern appointed without a not to exceed (NTE) date may be promoted when an agency has an excepted service policy for promotion of employees in excepted service positions and the intern meets the qualification requirements for the higher-graded position. An intern NTE is similar to a temporary employee and is not eligible for a promotion.

Can an agency reassign an intern with an NTE date to an intern position without public notification and competition? 

An agency may appoint an intern NTE to a different position, but first the agency must provide minimum public notification (internal to the agency – not on USAJOBS) to similarly situated agency interns who may also be interested in the intern position. If more than one individual is interested, the agency must apply the selection procedures under 5 CFR part 302 – including the application of veterans’ preference and pass over procedures. This applies whether the intern position is a position with a career ladder, with a different job series, with a different series with a career ladder, or is the same series and grade level as the intern NTE position.

Can an agency reassign an intern to another intern position without public notification and competition? 

Agencies must follow their own policies for movement of excepted service personnel, and the intern must meet the qualification requirements for the position to which he or she will be reassigned.

Can an agency reassign Recent Graduates to another position within the same agency without public notification and competition? 

Agencies must follow their own policies for movement of excepted service personnel, and the Recent Graduate must meet the qualification requirements for the position to which he or she will be reassigned.

Are Interns, Recent Graduates and PMFs subject to the time-in-grade limitations in 5 CFR 300 subpart F prior to being promoted? 

No. Employees in Pathways Programs positions are not subject to time-in-grade limits. Time-in-grade limits only apply to movement to or within the competitive service. However, interns, recent graduates and PMFs must meet the qualification requirements for promotion to the higher grade level. Promotions are never an entitlement, and agencies must have an excepted service policy in place that covers promotions for positions in the excepted service.

Training

Are all Pathways interns required to have an individual development plan (IDP)? 

In accordance with 5 CFR 362.203(i), OPM requires that agencies provide all interns with appropriate training and development activities regardless of the length of the appointment. OPM recommends that agencies ensure that within 45 days of appointment, interns appointed for an initial period expected to last more than 1 year and intern NTEs appointed for more than 90 days document their activities in a training plan, Individual Development Plan (IDP), or a Pathways Participant Agreement approved by their supervisor.

What types of training activities should agencies provide for Pathways interns?

Appropriate training opportunities for interns may include but are not limited to:

• on-the-job training activities
• formal training classes
• mentoring sessions
• testing products or tools
• assisting colleagues with projects or tasks

Can interns and recent graduates participate in temporary detail assignments at another agency? 

Yes, at the discretion of the home agency.

Conversion to the Competitive Service 

How have the requirements for the conversion of an intern to a position in the competitive service changed?

The final rule lengthens the time period allowed for agencies to convert interns from 120 days to 180 days after the completion of a degree. OPM has also reduced the minimum number of hours required for conversion from 640 hours to 480 hours. However, an agency may require more than the minimum of 480 hours for conversion, as described below.

Under the Pathways Internship Program, when does the 180-day clock for non-competitive conversion to the competitive service begin? Does it start when the student completes their academic requirements or upon graduation (i.e., when the academic institution confers the degree, which could be several weeks or months later)?

The 180-day clock for non-competitive conversion starts when the student completes their educational requirements (as determined by the educational institution or career and technical education program). Agencies should defer to the educational institution for a determination of when degree or educational program requirements have been met.

How are current interns who have recently completed a degree affected by the change extending the conversion period to 180 days following completion of degree requirements?

The change to allow an agency 180 days instead of 120 days for intern conversion goes into effect on June 11, 2024. An intern who has not yet met the 120-day limit on this date may be converted within 180 days of the completion of their degree instead of 120 days. For example, if an intern completed their degree on May 4, 2024, the deadline for conversion under the 120-day provision would have been September 1, 2024. Since this date is after the effective date of the final rule, the new 180-day period will apply and the agency will now have until October 31, 2024, to convert the intern.

The requirement for an intern to complete a minimum of 640 work hours to be eligible for conversion to the competitive service has been lowered to 480 work hours. Is an agency allowed to require more than 480 work hours for intern conversion?

Yes. An agency may require more than 480 work hours and may set different higher minimums for different positions. An agency must specify the minimum number of hours required for conversion in the agency’s Pathways Policies.

What are the criteria for approving a waiver for the intern work hour requirement as allowed by 5 CFR 362.204(d)?

An agency may waive up to one-half of the minimum service hour requirement provided the intern has completed at least 320 hours of career-related work experience under a Pathways Internship Program appointment with exceptional job performance and demonstrates high potential in an academic or career and technical education program. In other words, an intern must work at least 320 hours before the agency can waive any time towards the required 480 hours. The maximum amount of time an agency may waive is 160 hours (if using a 480 minimum) or up to 320 hours (if using a minimum of 640 hours or more). Here are some examples of how it would work:

• Example 1: An intern works 320 hours as a Pathways intern, the agency may waive 160 hours of the required 480.
• Example 2: An intern works 420 hours as a Pathways intern, the agency may waive 60 hours of the required 480.
• Example 3: An intern works 220 hours as a Pathways intern, the agency cannot yet waive any of the required 480 hours needed for conversion. If the intern is able to work up to 320 hours before completing their educational program, then at that time the agency could approve a waiver.
• Example 4: The agency has set a minimum service hour requirement of 640 hours. An intern works 320 hours as a Pathways intern, the agency may waive 320 hours of the required 640.
• Example 5: The agency has set a minimum service hour requirement of 800 hours. An intern works 480 hours as a Pathways intern, the agency may waive 320 hours of the required 800 hours. 

How does an agency determine that an intern has shown exceptional job performance when considering a waiver for the intern work hour requirement?

Exceptional job performance means a formal evaluation conducted by the student’s internship supervisor(s), consistent with the agency performance appraisal program, that results in a rating of record (or summary rating) of higher than fully successful or equivalent.

When considering a waiver for the intern work hour requirement how does an agency determine that an intern has demonstrated high potential in an academic or career and technical education program?

An intern can demonstrate high potential in an academic or career and technical education program by attaining at least one of the following:

• an overall grade point average of 3.5 or better, on a 4.0 scale;
• standing in the top 10 percent of the student’s graduating class;
• induction into a nationally recognized scholastic honor society; or
• a letter of recommendation from an instructor or program administrator attesting to the intern’s outstanding performance.

What is the criteria for granting credit toward the Internship work hour requirement for non-Federal internship experience?

An agency may grant credit for up to half of the minimum service work hour requirement for Pathways interns who have completed service in non-Federal internships at a federal agency through a third-party internship provider provided the intern has completed at least 320 hours of career-related work experience under a Pathways Internship Program appointment. In other words, an intern must work at least 320 hours before the agency can credit any time towards the required 480 hours (or other minimum set by an agency). The maximum amount of time an agency may credit is 160 hours (if using a 480 minimum) or up to 320 hours (if using a minimum of 640 hours or more). Here are some examples of how it would work:

• Example 1: Intern completes a non-Federal internship then is hired under Pathways. They’ve worked 320 hours as a Pathways intern. The agency may credit 160 hours from the non-federal internship to reach the required 480.
• Example 2: Intern completes a non-Federal internship then is hired under Pathways. They’ve worked 420 hours as a Pathways intern. The agency may credit 60 hours from the non-federal internship to reach the required 480.
• Example 3: Intern completes a non-Federal internship then is hired under Pathways. They’ve worked 220 hours as a Pathways intern. Because they have not yet worked 320 as a Pathways Intern, the agency cannot credit any time towards the required 480 hours needed for conversion at this time. If the intern is able to work up to 320 hours before completing their educational program, then at that time the agency could approve the crediting of hours.
• Example 4: The agency has set a minimum service work hour requirement of 640 hours. Intern completes a non-Federal internship then is hired under Pathways. They’ve worked 420 hours as a Pathways intern. The agency may credit 220 hours from the non-federal internship to reach the required 640.
• Example 5: The agency has set a minimum service work hour requirement of 800 hours. Intern completes a non-Federal internship then is hired under Pathways. They’ve worked 420 hours as a Pathways intern. The agency can credit up to 320 hours from the non-federal internship towards the required 800 hours needed for conversion at this time.

What documentation should an agency consider when approving a waiver of the Internship work hour requirement?

When approving a waiver an agency should consider documentation that demonstrates that the intern has exceptional job performance and demonstrates high potential in an academic career and technical education program. Examples of acceptable documentation include but are not limited to:

• Performance rating (rating of record or summary rating) of higher than Fully Successful or equivalent, and one of the following:
• Official or unofficial transcript showing an overall grade point average of 3.5 or better, on a 4.0 scale or standing in the top 10 percent of the student's graduating class;
• Letter of acceptance into a nationally recognized scholastic honor society;
• Letter of recommendation attesting to the intern’s outstanding program performance from an instructor or program administrator.

Can an agency non-competitively convert a Pathways intern to the Pathways Recent Graduates Program, upon successful completion of the intern’s academic requirements? 

No, individuals on Pathways Internship appointments are eligible only for consideration for non-competitive conversion to positions in the competitive service, and only if all applicable program requirements are met. The intent of the Pathways Internship Program is to develop individuals for potential placement into the permanent workforce, or to provide them with an opportunity to explore Federal careers while still in school, but not to effectuate placement into yet another developmental program. As a reminder, per 5 CFR 362.303(a), public notification is required prior to filling positions in the Pathways Recent Graduates Program.

Are employees on Internship and Recent Graduate appointments eligible for conversion to excepted service positions or only to competitive service positions? 

By definition, and as provided in Executive Order 13562, the Pathways authorities are to be used as an exception to filling positions that would normally be filled through a competitive process. Accordingly, non-competitive conversion means assignment to a position in the competitive service. The Pathways Programs Executive Order and implementing regulations do not provide for conversion to an excepted service position for intern or recent graduate positions.

May an intern NTE be converted to a position in the competitive service? 

Yes, an intern NTE may be non-competitively converted to a position in the competitive service provided the job opportunity announcement used to fill the intern NTE position stated the conversion potential and all other requirements for conversion have been met. However, the conversion of an intern NTE should be rare as intern NTE positions are to be used to complete temporary projects, perform labor-intensive tasks not requiring subject-matter expertise, or fill traditional summer jobs.

When an intern completes their academic requirements and is eligible to graduate, does the agency have an obligation to convert the intern to a position in the competitive service within the agency? 

No. An agency is not required to convert any individual in a Pathways position to a position in the competitive service, whether upon completion of program requirements or otherwise. Conversion to a competitive service position is not an entitlement. An agency does, however, have the discretion to convert an intern if the job opportunity announcement used to fill the intern position stated the conversion potential and all other requirements for conversion have been met.

Do intern NTEs have a 180-day grace period following graduation from college to remain in program?

No. In accordance with 5 CFR 362.205 the appointment of intern NTE ends when the temporary appointment expires. However, the agency may convert the intern NTE before expiration of the original appointment if that date is within 180 days of the completion of degree requirements provided the job opportunity announcement used to fill the intern NTE position described this conversion potential and all other requirements for conversion have been met.

May an agency retain (without providing Public Notification or competition) a participant in the Internship Program after graduation if the intern is accepted into another qualifying educational program during the 180-day administrative period allowed for conversion to the competitive service?

Yes. In accordance with 5 CFR 362.203(b), an agency may retain an intern or intern NTE following graduation if the intern also has been accepted into another qualifying degree program at the time of graduation. It is not uncommon, for example, for students who graduate from college to immediately begin a master’s or professional degree program. In such situations, the acceptance into another qualifying educational program means the student maintains eligibility for employment as an intern. In these situations, public notification and competition are not required for the participant to continue in the agency’s Internship program.

May individuals participating in the Internship Program be non-competitively converted to a position that has an established career ladder? 

Yes. An individual participating in the Internship who otherwise meets the program requirements for conversion (work hours, satisfactory performance, educational requirements, training completed, etc.) may be converted to a position with an established career ladder provided the job opportunity announcement for the position stated the career ladder. For instance, an intern GS-0299-04 Human Resources Trainee may be non-competitively converted to a GS-0201-05/7/9/11 Human Resources Specialist career ladder position.

Is an intern required to serve a trial period? 

An intern is not required to serve a trial period unless an agency has a policy that requires employees in the excepted service to serve a trial period.

Are employees on Pathways Internship and recent graduate appointments eligible for conversion to excepted service positions or only to competitive service positions? 

By definition, and as provided in Executive Order 13562, the Pathways authorities are to be used as an exception to filling positions that would normally be filled through a competitive process. Accordingly, non-competitive conversion means assignment to a position in the competitive service. The Pathways Programs Executive Order and implementing regulations do not provide for conversion to an excepted service position for intern or recent graduate positions.

Can agencies convert interns, recent graduates, or PMFs to either term or permanent appointments? 

Yes. interns, recent graduates, or PMFs who have completed all requirements for conversion may be non-competitively converted to term or permanent positions. When non-competitively converted to a term appointment, the agency may subsequently non-competitively convert the individual to a permanent competitive service position at any time before the term appointment expires. The option to convert the individual to a term appointment is provided in accordance with the Executive Order 13562 to allow flexibility when budgetary or other resource constraints would prevent an agency from converting an employee to a permanent position at the time the employee successfully completes the program.

Conversion at a Different Agency

May an intern be converted to a term or permanent position in a different agency?

Yes, an intern (who meets the requirements for conversion) may be converted to a term or permanent position in a different agency.

Are there any resources available to help interns find positions in a different agency when the employing agency is unable to convert them?

Yes. The Pathways Internship Talent Program is available to help connect Pathways interns who are unable to be converted in their current agencies with employment opportunities at other agencies. The Pathways Internship Talent Program is found in the USAJOBS Agency Talent Portal (ATP).

Once an agency has informed the intern that the agency is not able to convert them, the intern will be offered the opportunity to participate in the Pathways Internship Talent Program. Agencies with early career positions available may use the Pathways Internship Talent Program to recruit interns for conversion to permanent and term positions.

For more information on the Pathways Internship Talent Program, Pathways interns and agency hiring managers should contact their agency Pathways Program Officer, and Pathways Program Officers should contact pathways@opm.gov. Agency hiring managers and Pathways Program Officers may visit the ATP Help Center for more information on the USAJOBS Agency Talent Portal.

May a recent graduate be converted to a term or permanent position in a different agency?

Yes, a recent graduate (who meets the requirements for conversion) may be converted to a term or permanent position in a different agency when the employing agency is unable to convert the recent graduate. The reasons for conversion at another agency may include but are not limited to unforeseen budgetary constraints, reorganizations, abolishment of positions, completion of cohort-based Pathways programs, or other appropriate reasons. 

May an agency extend a recent graduate appointment to allow time for conversion to a position at another agency?

Yes, an agency may extend a recent graduate appointment for up to 120 days to allow time for the recent graduate to be converted to a position at a different agency. However, there is no allowance for extensions beyond 120 days.

If a recent graduate is being converted to a permanent position in another agency may the recent graduate be converted to a position with a career ladder?

A recent graduate may be converted to a position with a career ladder in a different agency. The position at the new agency must have a full performance level that is equivalent to or less than the position they would have been converted to at the prior agency.  

Termination of Appointments

In general, as a condition of employment, an intern appointment expires 180 days after the completion of the academic course of study, unless the intern is selected for non-competitive conversion to the competitive service. If the agency is not planning to convert the intern, can the agency terminate the intern prior to the end of the 180 days?

Termination as a condition of employment only occurs when the intern is separated at the end of the 180-day period after completion of the academic degree requirement. If the termination occurs before the end of the 180-day period, the agency must determine if the intern meets the definition of “employee” in chapter 75 of title 5 and is entitled to appeal rights before taking any action to remove the intern. If it is determined that the intern has appeal rights, then the adverse actions procedures in 5 CFR 752 would apply to a termination occurring prior to the end of the 180-day period.

As a condition of employment an intern appointment expires 180 calendar days after completion of the designated academic course of study or career and technical education program, unless the Participant is selected for non-competitive conversion under § 362.204. 

Do the reduction in force (RIF) rules apply to a recent graduate who is terminated when his or her appointment expires? 

No. 5 CFR 362.306(a) states that the expiration of a Recent Graduates appointment is not subject to the RIF requirements in 5 CFR 351.

Pathways Memorandum of Understanding (MOU) and Agency Policy

Are agencies required to provide MOUs and Pathways Policies to OPM?

OPM has replaced the use of an MOU with a requirement that an agency must have a Pathways Policy in accordance with § 362.104 to make appointments under the Pathways authority. Similar to the MOU, the agency policy will outline the parameters under which the agency will use the Pathways Programs. An agency must make its Pathways policies available to OPM, applicants, agency employees, and other stakeholders upon request.

May agencies with existing Pathways MOUs continue to use the Pathways Programs?

Agencies with existing Pathways MOUs may continue to use the Pathways Programs subject to the new regulations in lieu of an updated Pathways Policy while they are developing and updating their policies in accordance with the new regulations. Agencies without existing MOUs must establish an agency Pathways Policy before they begin making Pathways appointments.

What information should be included in an agency’s Pathways Policy?

The Pathways Policy must reflect the requirements listed in 5 CFR 362.104, including but not limited to:

• Information about any agency-specific program labels that will be used, subject to the Federal naming conventions identified in § 362.101(a) (e.g., OPM Internship Program);
• The delegations of authority for the agency’s use of the Pathways Programs (e.g., department-wide vs. bureaus or components);
• Any implementing policy or guidance that the agency determines would facilitate successful implementation and administration for each Pathways Program;
• A description of how the agency will design, implement, and document formal training and/or development, as well as the type and duration of assignments;
• A commitment from the agency to:
  • Provide OPM with any information it requests on the agency’s Pathways Programs;
  • Adhere to any caps on the Pathways Programs imposed by the director;
  • Provide information to OPM upon request about opportunities for individuals interested in participating in the Pathways Programs (including the posting of PMF appointment opportunities to the PMF Program’s Talent Management System);
  • Provide a meaningful onboarding process for each Pathways Program;
  • Align the usage of the Pathways Program with the implementation of the agency’s workforce and recruiting plans.
• Criteria and procedures for agency-approved extensions for recent graduates and PMFs, not to exceed 120 days. Extension criteria must be limited to circumstances that would render the agency's compliance with the regulations impracticable or impossible;
• Criteria and procedures on how the agency will determine whether it has the resources available to convert a Pathways Participant to a term or permanent position in the competitive service. These procedures must specify the timeline for making the determination, which must include informing the Pathways Participant no later than 60 calendar days prior to the end of the appointment about whether the agency is able to convert them.
• The minimum service-hour requirement(s) for conversion of an intern as required by § 362.204.
• The program length for Recent Graduate Programs. If programs of longer than one year are identified the policy must identify a justification for using a longer program.
• The agency’s Pathways Programs Officer (PPO) and Presidential Management Fellows (PMF) Coordinator.

How do agencies establish recent graduate positions for longer durations?

The intent of the Recent Graduates Program is to provide a 1-year, entry-level developmental experience that may lead to a permanent job in an agency’s workforce.

Agencies may establish Recent Graduate Programs in excess of 1 year if the training requirements of a specific position warrant a longer and more structured program. Any positions designated as having a program of longer than 1 year must be identified in the agency’s Pathways Policy and described on the Pathways Participant agreement. Individual managers, organizations, etc., may not individually decide how long the Recent Graduate Program will last. 

Presidential Management Fellows (PMF) Program

Can PMFs complete their developmental assignments outside of the Federal government?

No. PMFs may only complete their developmental assignments in their organization, within their agency, in another Federal agency (as defined in 5 U.S.C. 105), or in a participating Federal agency within the Legislative Branch. PMFs may continue to complete optional rotations outside of their agency at the discretion of their agency and following their agencies’ policies and procedures.

What is the appointment eligibility period for PMF finalists referenced in 5 CFR 362.404? 

A PMF finalist has 12 months from the official finalist selection date to accept and start a PMF appointment. Under certain limited circumstances, an agency may request an appointment eligibility extension if it is unable to bring the finalist onboard as a fellow within that time, e.g., because of delays in completing a background investigation. This practice is consistent with PMF regulations in effect prior to the Pathways Programs regulations.

May individuals participating in the PMF Program be appointed to a position that has an established career ladder? 

Yes. An individual participating in the PMF Program may be appointed to a position that has an established career ladder provided the PMF appointment opportunity for the position stated the career ladder.

What is the deadline for an Executive Resources Board (ERB) to certify a fellow has successfully completed the PMF Program? 

The deadline for an ERB to certify that a fellow has successfully completed all program requirements is 30 days prior to the fellow’s 2-year anniversary date and any fellowship extension up to 120 days. ERB certification is required prior to conversion.

Does “formal interactive training” include online training for fellows? 

Yes. An agency may use online training if the training addresses the competencies outlined in the fellow’s IDP and will prepare the fellow for their target position. Interactive training includes communication between instructor and students and amongst students, etc. Ultimately, the agency’s ERB will determine if the fellow has met all program requirements, including the amount and type of training. Agencies may want to clarify training definitions in their Pathways Programs policies.

May a PMF participate in an agency-wide or Presidential or Administration initiative to fulfill the requirement for a 4-to-6-month developmental assignment? 

Yes. Per 5 CFR 362.405(b)(4)(i), a fellow may participate in an agency-wide or Presidential or Administration initiative to fulfill the requirement for a 4-to-6-month developmental assignment. Such experience must be 4 to 6 months in duration to allow the fellow the experience he or she would have gained through a traditional developmental assignment; the duration does not have to be consecutive months.

Will OPM grant extensions or waivers to the yearly PMF training requirements for agencies unable to comply due to budget constraints? 

No. The agency must provide each fellow a minimum of 80 hours of formal interactive training per year and must provide each fellow with at least one 4- to 6-month developmental assignment during their 2-year fellowship. The PMF Program Office sponsors several training opportunities for all PMFs that may count towards the training requirements. Ultimately, the ERB certification process ensures each fellow has completed at least 160 hours of training as part of the program requirements.

Can an agency whose positions are excepted by statute from the provisions of title 5 governing the competitive service or non-Executive Branch agencies participate in the PMF Program? 

Yes. Agencies whose positions are excepted by statute or non-Executive Branch agencies (e.g., Federal Bureau of Investigation (FBI), Library of Congress, and Congressional Research Service) may enter into a Memorandum of Agreement (MOA) with OPM to participate in the PMF Program. Once an approved MOA is on file, the agency may appoint fellows. However, upon completion of program requirements, the fellow is eligible only for placement into an excepted service position. Such agencies must also have PMF Program policies in effect.

May a fellow be authorized to work a part-time work schedule?

An agency may approve a part-time work schedule at the request of a fellow for a limited period of up to 6 months. If the part-time work schedule is approved, the fellow must (1) still meets all program requirements during their 2-year program and any approved extension and (2) account for any adjustments to their training and developmental activities for each year of their fellowship.

Is an agency required to approve a fellow’s request for a part-time work schedule?

An agency is generally not required to approve a request for a part-time work schedule.

What information should a fellow and the employing agency consider when determining if a part-time work schedule is appropriate.

The fellow and the agency should consider how the use of a part-time work schedule would impact the fellow’s ability to meet all program requirements by the expiration of the fellow’s appointment. Additionally, both parties may also need to consider how a part-time work schedule may impact the fellow’s ability to meet the qualification requirements for promotions.

If an agency is unable to convert a fellow when should the agency inform the fellow?

An agency must inform a fellow no later than 60 calendar days prior to the end of their appointment or any approved fellowship extension. OPM encourages managers to make determinations about whether the resources are available to convert PMFs at regular intervals prior to the end of a fellow’s program period. OPM also encourages agencies to inform PMFs as soon as possible after the agency makes a determination about the agency’s ability to convert the fellow.

Additionally, OPM requires agencies to include provisions in their Pathways Policies that address procedures and criteria for determining if an agency will be able to convert PMFs and communicating those determinations to the employee. OPM encourages agencies to indicate on the Pathways Participant Agreement a time frame for when the agency will make the conversion decision.

May a fellow be converted to a position in a different agency?

A fellow (who meets the requirements for conversion) may be converted to a term or permanent position in a different agency when the employing agency is unable to convert the fellow. The reasons for conversion at another agency may include but are not limited to unforeseen budgetary constraints; reorganizations; abolishment of positions; completion of cohort-based Pathways programs; or other appropriate reasons.

May an agency extend a fellow’s appointment to allow time for conversion to a position at another agency?

Yes, an agency may extend a fellow’s appointment for up to 120 days to allow time for the fellow to be converted to a position at a different agency. However, there is no allowance to extend beyond 120 days.

If a fellow is being converted to a permanent position in another agency, may the fellow be converted to a position with a career ladder?

A fellow may be converted to a position with a career ladder in a different agency. The position at the new agency must have a career ladder that is equivalent to or less than the position they would have been converted to at the prior agency.

Does the reduction in force (RIF) rules apply to a fellow who is separated when their appointment expires? 

No. Separation when a fellow’s appointment expires is not subject to the RIF requirements in 5 CFR part 351.

Do the current PMF rules provide OPM the authority to waive any provision of the PMF requirements upon an agency request? 

No. The current PMF regulations do not include a provision that would give OPM the authority to waive any PMF Program requirement. The PMF Program allows for appointment eligibility and fellowship extensions.

Questions

Agency headquarters-level human resources offices may contact OPM at pathways@opm.gov. Component-level human resources offices must contact their agency headquarters for assistance. Employees must contact their agency human resources office for assistance.  Applicants with questions about specific opportunities must contact the hiring agency using the contact information within the job opportunity announcement.

The following lists some of the documents referenced in the final regulations.

• Pathways Toolkit for Hiring Manager and Supervisors
• Pathways Programs Handbook
• Pathways Flexibilities Chart – PMF Program
• Pathways Flexibilities Chart – Recent Graduates Program
• Pathways Programs Flexibilities Chart – Internship Program
• Pathways Programs Flexibilities Chart for HR Professionals
• Report on Special Study of the Pathways Programs
• Final Rule - Pathways Programs
• Implementation and Transition Guidance - For Students & Recent Graduates to Federal Careers
• Executive Order 13562 of December 27, 2010 – Recruitment and Hiring Students and Recent Graduates
• Attracting the Next Generation: A Look at Federal Entry-Level New Hires, February 8, 2008 – A report to the President and the U.S. Congress by the U.S. Merit Systems Protection Board
• Reforming Federal Hiring – Beyond Faster and Cheaper, September 1, 2006 – A report to the President and the U.S. Congress by the U.S. Merit Systems Protection Board