quick FED question for HR or hiring managers

[Anonymous]

Hi - we have a person departing a position. In the past, we have posted the position in advance of the incumbent leaving (you just can't offer the position to the new person before the incumbent departs), but now my new HR is saying that is illegal (!). Which is correct and if I'm right, can you please post the relevant info from OPM. The position is important and I'm trying to minimize the gap. Thanks.

[Anonymous]

Great idea to get this from an anonymous board rather than agency counsel. Sounds like you're off to a great career as a hiring manager.

[Anonymous]

I don't see how you can post if the person is still sitting in that position. She can change her mind until the last day.

[Anonymous]

I’ve worked in staffing at several fed agencies. There’s always the possibility that you have different internal policies, but I’ve always announced before the person leaves. You usually can’t double encumber the position, but you can have the person all selected and ready to onboard the day after the old person leaves if you time it correctly. Let the Hr person know you’ve done it before and ask them for a policy reference.

[Anonymous]

At least at my agency we do this if we know they're leaving. Maybe there's something new I'm unaware of. The best question to ask HR is often, "please show me the policy or regulation requiring this."

[Anonymous]

Interesting. We don't post until the person is actually gone and the position is open.

[Anonymous]

Anonymous wrote:Interesting. We don't post until the person is actually gone and the position is open.

same. I always thought this was an organization/office decision and not an OPM policy. I never looked. I'd get the posting all ready, that can take weeks to prepare itself.

[Anonymous]

We post 60 days before the person leaves but don't hire until they actually depart.

No idea if there is an actual regulation on this (you should ask your agency counsel) but I don't see what's illegal about advertising. You don't have to hire from the advertisement. I've certainly been on the other side of advertised jobs that dried up for various reasons.

[Anonymous]

Anonymous wrote:We post 60 days before the person leaves but don't hire until they actually depart.

No idea if there is an actual regulation on this (you should ask your agency counsel) but I don't see what's illegal about advertising. You don't have to hire from the advertisement. I've certainly been on the other side of advertised jobs that dried up for various reasons.

But do you interview applicants within that 60 day period? Sounds like you do. All except offer letter?

[Anonymous]

Anonymous wrote:I don't see how you can post if the person is still sitting in that position. She can change her mind until the last day.

[i][b]

Is this true? You can revoke notice?

[Anonymous]

Anonymous wrote:

Anonymous wrote:I don't see how you can post if the person is still sitting in that position. She can change her mind until the last day.

[i][b]

Is this true? You can revoke notice?

OP here. Yes, this is true. You can revoke notice, or change your retirement date, etc.

To the naysayers, I am asking here because I am getting conflict guidance from my HR. Good to hear that it is a policy call, not that it is illegal per se. I wish our HR folks were more knowledgeable.