Payments upon Separation from Federal Service O. Certain Qs and As in this document, Guidance for Shutdown Furloughs, assume coverage under provisions of law or regulation specified in the given Q and A. To the extent that a particular employee is not covered by those specified provisions, the guidance in the Q and A may not be applicable. What is a furlough? A furlough is the placing of an employee in a temporary nonduty, nonpay status because of lack of work or funds, or other nondisciplinary reasons. What is a shutdown furlough and why is a shutdown furlough necessary?
In the event that funds are not available through an appropriations law or continuing resolution, a shutdown furlough occurs. A shutdown furlough is necessary when an agency no longer has the necessary funds to operate and must shut down those activities which are not excepted pursuant to the Antideficiency Act 31 U. Who are excepted employees? In the context of shutdown furloughs, the term excepted is used to refer to employees who are funded through annual appropriations who are nonetheless excepted from the furlough because they are performing work that, by law, may continue to be performed during a lapse in appropriations.
Excepted employees include employees who are performing emergency work involving the safety of human life or the protection of property or performing certain other types of excepted work. Agency legal counsels, working with senior agency managers, determine which employees are designated to be handling excepted and non-excepted functions. Presidential appointees who are not covered by the leave system in 5 U.
However, they are not subject to furlough because their salary is an obligation incurred by the year, without consideration of hours of duty required, so they cannot be placed in a nonduty, nonpay status. To the extent that agencies need employees to be available to help process Form s, Request for Wage and Separation Information, or other requests from State unemployment offices, can agencies except employees who are furloughed due to the lapse in annual appropriations to assist with this?
Agencies can except employees who have previously been furloughed due to the lapse in annual appropriations in order to come back into work to assist with processing Form s and other related unemployment issues. It is up to the discretion of the agency to identify which employees and the number of employees that are needed to be called back into work for this purpose. Are all employees who qualify as emergency employees for the purpose of weather emergencies considered to be excepted employees for the purpose of a shutdown furlough? Emergency employees are those employees who must report for work in emergency situations e.
Emergency employees are not automatically deemed excepted employees for purposes of shutdown furloughs. Each agency must determine which employees are excepted employees based on the law. Who are exempt employees? Employees are exempt from furlough if they are not affected by a lapse in appropriations. This includes employees who are not funded by annually appropriated funds. What about employees who are neither excepted nor exempt? Employees who are funded through annual appropriations but are not designated as excepted are barred from working during a shutdown, except to perform minimal activities as necessary to execute an orderly suspension of agency operations related to non-excepted activities.
These employees will be furloughed. How will employees be notified whether they have been designated to be handling excepted functions or not? Each agency will determine the method and timing of notifying employees of whether they have been designated as an excepted employee. Why are leave-exempt Presidential appointees not subject to furlough?
Individuals appointed by the President, with or without Senate confirmation, who are not covered by the leave system in 5 U. An exemption from the chapter 63 leave system may be based on 5 U. See also OPM regulations at 5 CFR These leaveexempt Presidential appointees are not subject to furloughs because they are considered to be entitled to the pay of their offices solely by virtue of their status as an officer, rather than by virtue of the hours they work. In other words, their compensation is attached to their office, and, by necessary implication of the President s authority to appoint such employees, their service under such an appointment creates budgetary obligations without the need for additional statutory authorization.
Based on opinions of the Office of Legal Counsel, Department of Justice, the Antideficiency Act prohibition on creating a budgetary obligation before an appropriation is made is not applicable if the obligation is otherwise authorized by law. C and 36 Op. Thus, the appointee s pay cannot be reduced based on placement in nonduty status, including via the mechanism of a furlough. As explained above, a leave-exempt Presidential appointee is entitled to the established pay of the position based on the holding of the office, not on the hours of duty.
Presidential appointees who are covered by the chapter 63 leave system are not considered to be entitled to pay based solely on their status as officers; thus, these individuals are subject to furlough in the same manner as other Federal employees. C is not exempt from the chapter 63 leave system unless specifically designated for exemption under 5 U.
While employees may be subject to furlough, the applicable procedures depend on the type of employee in question. For example, all Presidential appointees are excluded from the adverse action procedures in 5 U. In addition, Presidential appointees subject to Senate confirmation are excluded from reduction in force procedures, based on 5 CFR b. If a Presidential appointee is subject to furlough but not subject to adverse action or reduction in force procedures, the agency should follow any administrative procedures required by any applicable internal personnel policies.
A former career Senior Executive Service SES appointee who receives a Presidential appointment that would normally convey an exemption from the leave system may be eligible to elect to retain SES leave benefits under 5 U. Working during Furlough 1.
May an employee volunteer to do his or her job on a nonpay basis during a shutdown furlough? Unless otherwise authorized by law, an agency may not accept the voluntary services of an employee. What happens to employees scheduled for training during a shutdown furlough? Employees who are neither excepted nor exempt and are scheduled for training during a shutdown furlough must be placed in a furlough status and ordered not to attend the scheduled training.
May employees take other jobs while on furlough? While on furlough, an individual remains an employee of the Federal Government. Therefore, executive branch-wide standards of ethical conduct and rules regarding outside employment continue to apply when an individual is furloughed specifically, the executive branch-wide standards of ethical conduct the standards , at 5 CFR part In addition, there are specific statutes which prohibit certain outside activities, and agency-specific supplemental rules that require prior approval of, and sometimes prohibit, outside employment.
Therefore, before engaging in outside employment, employees should review these regulations and then consult their agency ethics official to learn if there are any agencyspecific supplemental rules governing the employee. Retirement, health benefits, and life insurance are handled as if the employee had actually transferred to the new agency.
Leave balances are transferred as if the employee had actually transferred. See Comptroller General opinion B , September 1, How should an agency determine the number of furlough hours for alternative work schedule AWS employees during a shutdown furlough? Can an employee reschedule a non-workday that occurred during the furlough? Employees are furloughed based on the number of hours they are scheduled to work on the days for which there is a shutdown furlough.
Each agency that has an AWS program should have a policy specifying how flexible and compressed work schedules must be established and when they may be changed. Normally, such schedules are established in advance of the pay period involved. Under such a policy, an AWS non-workday scheduled to occur during a shutdown furlough should not be changed after the pay period begins. What happens to employees on detail during a shutdown furlough? Detailed employees remain officially assigned to their permanent positions during the detail.
During a shutdown furlough, each agency will determine the status of their employees on detail within the agency or to another agency. Home and receiving agencies should carefully consult about what activities are appropriate for a detailee to perform during a funding lapse to ensure that the activities are consistent with the reasons why the agency designated them as excepted. How are personnel working for Federal agencies under mobility agreements pursuant to the Intergovernmental Personnel Act IPA treated in a shutdown furlough?
As a general rule, the following principles are applicable in determining whether to furlough personnel on IPA mobility assignments: Personnel from non-federal organizations on appointments to the Federal Government are subject to furlough in the same manner as other employees. Personnel on detail to Federal agencies from non-federal organizations may continue working, provided that the non-federal organizations pay the total costs of the detail.
Personnel on detail to Federal agencies from non-federal organizations that share part of the costs of the detail may continue to work if the Federal portion of the cost was obligated from prior appropriations at the time of the IPA mobility agreements. In the event that a furlough takes place during a time for which no funds are appropriated, the assignment should be terminated. Personnel on detail to Federal agencies from non-federal organizations that do not pay or share the costs of the detail are subject to furlough in the same manner as other employees.
Will excepted employees be paid for performing work during a shutdown furlough? If so, when will excepted employees receive such payments? Agencies will incur obligations to pay for services performed by excepted employees during a lapse in appropriations, and those employees will be paid after Congress passes and the President signs a new appropriation or continuing resolution. These Presidential appointees will be paid after Congress passes and the President signs a new appropriation or continuing resolution. Will employees who are furloughed get paid?
Congress will determine whether furloughed employees receive pay for the furlough period. Will employees receive a paycheck for hours worked prior to a lapse in appropriations? Although the payroll for the last pay period before the lapse will be processed potentially during a period of furlough, the minimum number of payroll staff necessary for this process will be excepted from furlough for the minimum time required to issue the checks, including checks for the last pay period before the lapse.
OMB has reviewed and concurs in this answer. When an employee s pay is insufficient to permit all deductions to be made because a shutdown furlough occurs in the middle of a pay period and the employee receives a partial paycheck, what is the order of withholding precedence? Agencies will follow the guidance on the order of precedence for applying deductions from the pay of its civilian employees when gross pay is insufficient to cover all authorized deductions found at 5.
May an excepted employee be permitted to earn premium pay e.
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Excepted employees who meet the conditions for overtime pay, Sunday premium 6. Premium pay may be earned but cannot be paid until Congress passes and the President signs a new appropriation or continuing resolution. Performance Awards and Within-Grade Increases 1. If agency performance management policies and practices require the payment of performance awards to employees, can the payment be delayed until after the shutdown furlough?
September Guidance for Shutdown Furloughs
Neither law nor regulation requires agencies to pay performance awards granted under 5 U. If agency performance management policies and practices require the payment of performance awards, agencies may delay payment until after the furlough when funds are available.
Are agencies required to pay performance awards to Senior Executive Service SES career appointees during a shutdown furlough? The applicable law 5 U. Therefore, if a shutdown furlough intervenes, an agency may defer payment of SES performance awards until after the furlough, when funds are available. May agencies deny or delay within-grade or step increases for General Schedule and Federal Wage System employees during a shutdown furlough?
It depends on how long the shutdown furlough lasts. Within-grade and step increases for General Schedule GS and Federal Wage System employees are awarded on the basis of length of service and individual performance. Such increases may not be denied or delayed solely because of lack of funds. However, extended periods of nonpay status e. For example, a GS employee in steps 1, 2, or 3 of the grade who is furloughed an aggregate of more than 2 workweeks during the waiting period would have his or her within-grade increase delayed by at least a full pay period. See 5 CFR b. Leave and Other Time Off 1.
May an employee not excepted from the furlough take previously approved paid time off e. All paid time off during a shutdown furlough period must be canceled because the requirement to furlough supersedes leave and other paid time off rights. The Antideficiency Act 31 U. Paid time off creates a debt to the Government that is not authorized by the Act. Therefore, agencies are instructed that during a shutdown furlough, all paid time off must be canceled. May an excepted employee take previously approved paid time off or be granted new requests for paid time off during a shutdown furlough?
When an excepted employee is not working or not performing excepted activities in compliance with the Antideficiency Act, he or she cannot be in a pay status. Excepted employees must be either performing excepted activities or furloughed during any absence from work. The furlough must be documented by a furlough notice.
If an excepted employee refuses to report for work after being ordered to do so, he or she will be considered to be absent without leave AWOL and will be subject to any consequences that may follow from being AWOL. Are excepted employees allowed to have intermittent unpaid absences from work during a shutdown furlough?
As stated in Question F. In addition, excepted employees may not be placed in leave without pay LWOP status. However, if an excepted employee needs to be absent from work for brief or intermittent periods, agencies are encouraged to explore the use of workplace flexibilities such as alternative work schedules and telework subject to applicable laws, regulations, agency policies, and collective bargaining agreements to accommodate this employee s need to be absent. If use of workplace flexibilities is not appropriate for your situation, excepted employees must be furloughed for any brief or intermittent unpaid absence.
If an agency is willing to approve brief or intermittent unpaid absences from work for an excepted employee and use of workplace flexibilities is not appropriate, does the excepted employee have to be placed in a furlough status for these brief or intermittent unpaid absences? When excepted employees are absent from work they must be furloughed. These periods of time must be documented by a shutdown furlough notice with applicable appeal rights. Any time when an excepted employee is absent from work is time the employee is in a furlough status, and this must be properly documented by a shutdown furlough notice that spells out whatever appeal rights are applicable.
One option would be for the agency to issue a furlough notice for the period of time when the employee will be absent, and then recall the employee when the employee is once again available to come to work and perform excepted activities. Another option, which may be easier to administer for an employee who will have multiple brief intermittent absences over a period of time, would be for the agency to issue a modified shutdown furlough notice, which states that the employee is excepted from furlough except for those periods of time they are not working but would otherwise be scheduled to work.
The periods of time an employee is not working should be listed and clearly identified in the modified shutdown furlough notice. As with any modified furlough notice, agencies should issue such notices as soon as practicable. The above two options are examples of two approaches to consider to ensure appropriate procedural rights are provided to furloughed employees.
If you elect to pursue an alternative approach in providing a furlough notice to excepted employees approved to be absent from work for brief or intermittent absences, agency officials should consult with their General Counsel to ensure appropriate procedural rights are provided to furloughed employees. May an employee work during the furlough period to accumulate religious compensatory time off hours for religious observances?
An employee who is not excepted may not work during the furlough period, even to accrue religious compensatory time. However, an excepted employee may work additional hours for religious purposes if the employee is performing excepted activities, though the employee may not use those hours until after the lapse in appropriations is over. If an employee is scheduled to take approved unpaid leave during a shutdown furlough, should the agency provide the employee with a furlough notice? If the employee is not expected to work during the furlough period e.
If, however, the employee is scheduled to return from unpaid leave to Federal service during the furlough period, the employee should be provided with a furlough notice effective on the date of scheduled return , unless the employee is expected to be at work performing an excepted activity. If an employee is scheduled to take unpaid leave under the Family and Medical Leave Act FMLA during a shutdown furlough, should the agency provide the employee with a furlough notice? If, however, the employee is scheduled to return from LWOP to Federal service during the furlough period, the employee should be provided with a furlough notice effective on the date of scheduled return , unless the employee is expected to be at work performing an excepted activity.
If an employee is scheduled to take paid leave or other paid time off under FMLA during a shutdown furlough, should the employee be furloughed? An employee must be placed in furlough status during any paid time off scheduled to be taken during a lapse in appropriations. If an employee is scheduled to take paid time off under FMLA during a shutdown furlough either continuously or intermittently , the paid time off must be canceled and the employee must be furloughed for any period during which paid time off was scheduled.
Thus, any days of scheduled paid time off are documented as furlough days. No days associated with a shutdown furlough period will be counted against an employee s week FMLA leave entitlement. What should an agency do if an excepted employee faces FMLA-qualifying circumstances?
During a lapse of appropriations, an employee must either be working i. An excepted employee may face circumstances that would normally qualify him or her for unpaid leave under FMLA. The employing agency should allow such an excepted employee to be placed in a furlough status a form of unpaid leave for appropriate periods, consistent with his or her rights under The furlough periods would not count against the limit of 12 weeks of unpaid leave during any month period.
Are employees who are not excepted from the furlough allowed to take paid leave or other paid time off during periods when other employees are performing work necessary for an orderly suspension of agency operations? All paid leave or other paid time off is cancelled during a period when a lapse in appropriations is in effect. There is no authority to obligate funds for paid time off during a lapse in appropriations. Employees who are not excepted from the furlough are allowed to perform minimal activities as necessary to execute an orderly suspension of agency operations related to non-excepted activities.
Being on paid leave is not an activity necessary to execute an orderly suspension of agency operations. Agencies should determine on a caseby-case basis whether it is necessary to require employees who had been scheduled to take paid time off to report to duty to perform orderly suspension activities. May an excepted employee be permitted to earn compensatory time off and credit hours under flexible work schedules during the shutdown period? C and ; 5 CFR , , and part , subpart D; or other applicable authority.
Each agency is responsible for approving the number of hours an excepted employee can work related to the performance of excepted activities. Employees will not be permitted to use earned compensatory time off or credit hours during the shutdown period. If an employee has properly scheduled use-or-lose annual leave before the start of the third biweekly pay period prior to the end of the leave year, but is unable to use some or all of the scheduled leave because of the furlough, does the furlough constitute an exigency of the public business that would permit an agency to restore the leave after the beginning of the new leave year?
Employees in this situation should make every effort to reschedule use-or-lose annual leave for use before the end of the current leave year. However, if this is not possible due to a lapse in appropriations, agency heads or their designees are encouraged to use their discretionary authority to restore any lost annual leave by determining that the employee was prevented from using his or her leave because of an exigency of the public business namely, the need to furlough employees because of the lapse in appropriations. If an employee has properly scheduled use of restored annual leave that is due to expire at the end of the leave year because it is the end of the 2-year restoration period but that leave is canceled and lost due to lapse of appropriations, may the employing agency restore that leave again?
Unfortunately, no unless Congress enacts legislation providing otherwise. There is nothing in existing law or regulation that allows restored annual leave to be restored a second time. In fact, the Comptroller General has determined that unused restored annual leave may not be restored after expiration of the 2-year period. See B , December 12, Does a shutdown furlough affect the accrual of annual leave and sick leave?
If an employee is furloughed i. However, the accumulation of nonpay status hours during a leave year can affect the accrual of annual leave and sick leave over a period of time. See 5 CFR and Notes 1 and 2 below. For example, when a full-time employee with an hour biweekly tour of duty accumulates a total of 80 hours of nonpay status from the beginning of the leave year either in one pay period, or over the course of several pay periods , the employee will not earn annual and sick leave in the pay period in which that hour accumulation is reached. If the employee again accumulates 80 hours of nonpay status, he or she will again not earn leave in the pay period in which that new hour total is reached.
At the end of the leave year, any accumulation of nonpay status hours of less than 80 hours is zeroed out so that the accumulation of nonpay status hours for the next leave year starts at zero. For part-time employees, the rule blocking accrual of leave based on the accumulation of nonpay status hours 5 CFR does not apply.
Instead, leave accrual for part-time employees is prorated based on hours in a pay status in each pay period; thus, time in nonpay status reduces leave accrual in each pay period containing such time 5 CFR and 5 U. The term nonpay status refers to the period during which an employee is absent from his or her tour of duty established for leave usage purposes and receives no pay for such absence.
Furlough is one type of nonpay status. The term leave year is defined as the period beginning on the first day of the first full biweekly pay period in a calendar year and ends on the day immediately before the first day of the first full biweekly pay period in the following calendar year. For example, for employees on the standard biweekly payroll cycle, the leave year is January 11, , See fact sheet at Note 3: For full-time employees with an uncommon tour of duty under 5 CFR , the accumulation limit used in applying 5 CFR is the number of hours in the uncommon tour of duty for a biweekly pay period.
How are employees affected if, during a shutdown furlough, their Federal office is closed or announces a change in operating status due to an emergency, severe weather condition, natural disaster, and other incident causing disruption of agency operations? Furloughed employees will not be affected if their Federal office is closed or announces a change in operating status during a shutdown furlough and will remain in furlough status. Exempt employees are not affected by a shutdown furlough and will follow normal emergency operating procedures.
Excepted employees will follow normal emergency operating procedures during a Federal office closure or change in operating status, which may result in excepted employees being placed in furlough status for any hours of work not performed. This is because during a shutdown furlough, excepted employees must be either be performing excepted activities or furloughed during any absence from work and may not be placed in an excused absence or leave without pay LWOP status. Furlough of an excepted employee must be documented by a shutdown furlough notice with applicable appeal rights.
Excepted employees who perform work on a day their Federal office is closed during a shutdown furlough will be paid after Congress passes and the President signs a new appropriations bill. Will an employee exempt from furlough be paid for a holiday that occurs during a shutdown? As such, an exempt employee will be paid for a holiday according to the normal rules governing holidays. Will furloughed employees be paid for a holiday that occurs during a shutdown furlough? Furloughed employees will not receive pay for a holiday that occurs during a shutdown furlough unless authorized by subsequent legislation.
What is the status of an excepted employee who does not perform work on a holiday that occurs during a shutdown furlough? An excepted employee who does not perform work on a holiday must be placed in a furlough status for the holiday and must be provided written notice of the agency s decision to furlough in accordance with the guidance in section P. This is because during a lapse of appropriations all affected employees must be 1 at work performing excepted activities or 2 furloughed.
This applies with respect to any period of time that is part of an affected employee s regularly scheduled administrative workweek, including a holiday. Will an excepted employee who does not work on a holiday that occurs during a shutdown furlough be paid for the holiday? A list is at www. To be eligible for career or career-conditional appointment under an interchange agreement, a person must:. A person must be appointed to the competitive service without a break in service of one work day, except that a person may be appointed within one year after being involuntarily separated from the other merit system.
The qualification standards including internal placement provisions, subject to 5 CFR and requirements, appointing documents, and determinations for these appointees are the same as for transfer of employees within the competitive service.
Furlough Guidance
Eligible persons may be considered for appointment to positions in the same manner that other individuals are considered for noncompetitive appointment. The appointments are not subject to the merit promotion provisions of 5 CFR Part unless required by agency policy. Persons appointed to competitive positions under the interchange agreements will receive career or career-conditional appointments, depending on whether they meet the three-year service requirement for career tenure or are exempt from it under 5 CFR Service that begins with a person's current permanent appointment in the other merit system counts toward the three-year service requirement for career tenure.
Interchange agreements do not authorize temporary or term appointments. Interchange agreements provide for two-way movement. This means that career and career-conditional employees are eligible for employment in the other merit systems with which OPM has agreements under similar conditions. A career or career-conditional employee who is not eligible for appointment under an interchange agreement may be eligible for consideration under other appointment procedures of the other merit system. The Hispanic Council on Federal Employment www.
Members include representatives from Hispanic organizations and agencies that have the most experience on issues affecting Hispanic communities. To be eligible, spouses must be married to their military sponsor prior to the reporting date of the sponsor's new assignment. They can apply at any human resources office within the commuting area of the sponsor's permanent duty location.
When a military spouse applies under an OPM announcement or delegated examining or direct-hire procedures, spouse preference operates much like veterans' preference. The hiring official must offer the job to the spouse first if the spouse: In addition, under 5 CFR and , which implemented Executive Order of , agencies may make a noncompetitive appointment to any position in the competitive service, for which the individual is qualified, of an individual who is:. For those eligible under the first category, preference is limited to only one noncompetitive appointment per move and is restricted to the geographic area specified in the service member's permanent change of station orders and the surrounding area from which people can reasonably expect to travel daily to and from work.
Those restrictions do not apply under the latter two categories. Eligibility continues for a maximum of two years after a permanent change of station and indefinitely in the case of death or percent disability. Prior to a policy change effective August 31, , eligibility was limited to two years in each situation. Those hired under the authority automatically acquire competitive status on completion of probation. Pathways Program-- The Pathways Program, created under Executive Order of , replaced or revised several former developmental programs.
The program consists of three parts: The first two were phased in starting in ; the latter was already in effect. Pathways Program appointments must follow merit-based procedures, equal employment opportunity, and veterans preference laws. The Internship Program is designed to provide students in high schools, community colleges, four-year colleges, trade schools, career and technical education programs, and other qualifying educational institutions and programs with paid opportunities to work in agencies and explore federal careers while still in school.
The order abolished, effective in March , the Federal Career Intern Program and provided for an immediate conversion to competitive service positions for individuals in that program at that time. It also ended the Student Educational Employment Program, although appointments made under that program were allowed to continue until their expiration.
Agencies must provide interns with meaningful developmental work and set clear expectations regarding the work experience of the intern. Agencies may convert interns who successfully complete program and academic requirements to any competitive service position for which the intern is qualified, but they are not required to do so. The Recent Graduates Program provides individuals who have recently graduated from qualifying educational institutions or programs with developmental experiences in the federal government intended to promote possible careers in the civil service.
Participants must have obtained a qualifying degree or have completed a qualifying career or technical education program within the preceding two years; however, veterans who were precluded during that period due to their military service are eligible for six years. Appointments typically last two years.
Agencies may convert Recent Graduates Program participants who successfully complete the program to competitive service jobs, but they are not required to do so. The Presidential Management Fellows Program, www. Executive Order of renamed the program from the former Presidential Management Intern program, removed limits on the number of fellows, made all Executive Branch agencies eligible to use fellows, revised selection standards to emphasize leadership, and expanded eligibility to include mid-career individuals as Senior Presidential Management Fellows.
Students who complete a graduate degree master's or doctoral level from an accredited college or university are eligible to be nominated by their schools as fellows. They are placed in jobs at GS-9 through GS or their equivalents. During the two-year fellowship, agencies arrange for on-the-job training and other developmental opportunities such as seminars, briefings, conferences, and rotational assignments.
Senior fellows may be recruited from within or outside the government.
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They can be appointed at GS through GS or their equivalents in positions where their expertise is needed. Senior fellows are assigned a Senior Executive Service member as a mentor. All fellows have individual development plans and have their performance evaluated annually. They earn annual leave and sick leave, are paid for federal holidays, are covered for retirement, and may elect insurance and Thrift Savings Plan options. Upon successful completion of the program, fellows may be converted to competitive service jobs.
Recovery Act Appointments-- The Office of Personnel Management in March authorized the use of Schedule A excepted service appointments to fill, on a temporary basis for up to one year, positions at any grade level and in any geographic location, needed to carry out provisions of the American Recovery and Reinvestment Act P. Agencies could extend these appointments up to September 30, Re-Employment of Annuitants-- Federal retirees may be rehired without an offset between salary and annuity in some circumstances under special appointing authorities. See Chapter 4, Section 4.
Scholarship for Service-- The Scholarship for Service program, www. This program provides scholarships that fully fund the typical costs that students pay for books, tuition, and room and board while attending an approved institution of higher learning. Additionally, participants receive stipends. While still in school, students funded for more than a year also serve a paid internship at a federal agency. The agency may offer students other paid employment while they are on scholarship provided it does not interfere with their studies.
In exchange for the scholarship including the stipend , students agree to work for the federal government for a period equivalent to the length of the scholarship or one year, whichever is longer. Numerous avenues are available to appoint SFS students to internship or long-term positions; however, hiring most commonly is done under the authority for hiring individuals in fellowship and intern programs at 5 CFR Agencies may participate in other scholarship or fellowship programs that provide authority to hire graduates non-competitively into permanent federal jobs, including the National Security Education Program, the Information Assurance Scholarship Program and the Science, Mathematics, and Research for Transformation Program.
Check with the individual agency regarding availability. Veterans Hiring Programs-- There are several special hiring authorities for veterans as described in Noncompetitive Appointments in Section 8 of this chapter. The fellowships are for one year and primarily go to those relatively early in their working careers. Other Authorities-- Various other special authorities allow an agency to appoint an eligible individual to any position for which the person meets the qualification standard and other requirements governing appointment to the competitive service, except they are not required to compete in a competitive examination.
They are not required to compete with career and career-conditional employees under internal merit staffing procedures unless an agency's policies require them to do so. For More Information-- Guidance on many of these authorities is at www. Under 5 CFR Part , an agency may make a temporary limited appointment when it needs to fill a temporary position that is not expected to last more than one year or a permanent position that will be temporarily vacant.
These appointments may be extended for one additional year up to a maximum of two years. Temporary employees can work on a full-time, part-time, seasonal, or intermittent basis. Agencies can use the temporary appointing authority to: Agencies are prohibited from using temporary employees to avoid the costs of employee benefits or ceilings on permanent employment levels. Federal employers also cannot use temporary employment as a tryout or trial period prior to permanent employment.
In addition, federal employers cannot circumvent the competitive examining process by appointing an individual on a temporary basis when that individual is not among the list of qualified applicants certified for permanent appointment. Finally, under OPM regulations, federal employers generally cannot use a temporary appointment to refill positions that were previously filled with such an appointment for an aggregate of 24 months over the preceding three years.
OPM rules generally set a two-year limit for individual temporary appointments in both the competitive and excepted service. To extend a temporary limited appointment in the same position beyond the maximum of two years, agency officials must request and obtain approval from OPM. In addition, OPM regulations provide an exception to the two-year maximum continuous employment time limits for work that is expected to last less than six months each year. This exception allows for multiple renewals of the temporary appointment authority, as long as the appointment is expected to last less than six months each year.
Temporary limited employees can serve for continuous years under different temporary appointments or in the same appointment without an extension from OPM. If it involves a break in service of three days or less, an agency can reappoint or convert a temporary limited employee from one temporary appointment to another temporary appointment many times over a period of years and not conflict with OPM's regulations. In addition, after three days have elapsed after a temporary appointment ends, an agency can rehire the employee using a new temporary limited appointment as long as it does not involve the same basic duties, the same major subdivision of the agency, and the same local commuting area as the original appointment.
Pay and Benefits-- Temporary limited employees, like permanent employees, receive salary based on the grade and step of the position they occupy, annual pay adjustments, and overtime and premium pay. Those in the General Schedule are not eligible for within-grade increases if the appointment is limited to one year or less, even if the appointment later is extended beyond one year. However, some blue-collar temporary limited employees are eligible for within-grade pay increases.
Temporary limited employees generally earn annual and sick leave, with those working part-time earning on a prorated basis, but are not eligible for military leave or family and medical leave. To be eligible under the Federal Employees Health Benefits program, they must complete one year of current continuous employment, excluding any break in service of five days or less.
If eligible, they must pay the entire cost of the premium; the government does not contribute toward the cost of FEHB for temporary limited employees as it does for permanent employees. Temporary limited employees contribute to Social Security and Medicare, but retirement and life insurance benefits are not provided to them, nor can they participate in the Thrift Savings Plan.
However, temporary employment time is creditable toward a CSRS annuity if the individual is later appointed to a position under CSRS and makes a deposit into the retirement fund to cover that time. For someone with temporary employment who is later appointed to a position under FERS, crediting is available only for service before January 1, , if a retirement deposit is made.
Non-Deduction Service performed on or after January 1, , is not creditable for any retirement purpose nor may a deposit be made to get credit for that time. Recurring work that lasts less than six months typically is performed by temporary employees as described in Temporary Positions, above. Seasonal employees can work full-time or part-time.
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They are recalled to duty in accordance with pre-established conditions of employment. The regulations require agencies to execute individual employment agreements with each seasonal employee prior to the employee's entry onto duty, informing the employee that he or she is subject to periodic release and recall as a condition of employment. When a seasonal employee is released in accordance with the conditions set forth in the employee's individual employment agreement, the release does not constitute an adverse action furlough appealable to the Merit Systems Protection Board.
However, if the seasonal employee is released at a time or in a manner inconsistent with the employee's individual employment agreement, the release constitutes a furlough and may be challenged if the agency fails to comply with the substantive and procedural requirements of 5 U. Whether or not the release constitutes an adverse action furlough thus turns on the employee's reasonable expectations when he or she agreed to work subject to the conditions of employment.
Temporary seasonal employees receive only the same benefits as other temporary employees. Permanent seasonal employees are eligible for the same benefits as other permanent federal employees. Intermittent Positions-- Intermittent positions are positions in which work recurs at sporadic or irregular intervals; agencies commonly use this authority in emergencies or when a work schedule is difficult to define.
Because intermittent employees have no fixed work schedule, they generally are ineligible for federal employee benefits. Permanent part-time employees are those workers who have career or career-conditional appointments or permanent appointments in the excepted service , work less than full-time schedules each week under a prearranged schedule, and are eligible for benefits. By law 5 U. Implementing rules are at 5 CFR Part Part-time work schedules are fixed and arranged by management to meet the agency's needs. Agencies can vary a part-time employee's schedule as necessary to meet workload requirements.
Under 5 CFR In special circumstances, agencies can employ workers for less than 16 hours per week. Agencies can increase the hours worked above 32 for a limited time to meet workload or training needs but the employee's schedule must remain at 32 hours per week or less. In most agencies, temporary variations in the arrangement of a part-timer's workdays or hours are handled by an agreement between the part-time employee and the supervisor.
In such cases, there is usually no requirement that a new personnel action form SF 50 be issued. The number of hours worked each day would merely be reflected on the employee's time and attendance card. If a position with the desired number of hours is available, employees can switch between part-time and full-time schedules and the reverse in two ways: A request for a schedule change must be submitted to management for approval. Pay-- A part-time worker's gross pay is computed by multiplying the employee's hourly rate by the number of hours worked during the pay period.
Pay adjustments and withholding amounts are generally prorated according to the amount of gross pay. Part-time employees generally are entitled to receive overtime pay for work totaling more than eight hours a day or 40 hours a week. Compensatory time may also be granted in such situations. If a holiday falls on a day part-timers are scheduled to work, they are paid for the number of hours they normally would be scheduled to work. Leave-- Part-time employees earn annual leave according to the number of hours they work per pay period.
A regularly scheduled part-time employee with less than three years' service earns one hour of annual leave for each 20 hours in a pay status. Employees who have between three and 15 years of service earn one hour of annual leave for each 13 hours in pay status. With 15 or more years' service, they earn one hour for each 10 in pay status.
Sick leave accrues at the rate of one hour for each 20 hours in a pay status. Hours in a pay status include non-overtime hours up to 80 hours in a biweekly pay period. Any excess balance in these multiples is carried over to the next pay period. If a holiday falls on a day the employee normally works, the employee is paid for the number of hours he or she was scheduled to work, not to exceed eight hours, except for an employee on a compressed work schedule. A part-time employee is not entitled to a holiday which falls on a day the employee is not normally scheduled to work. Service Credits-- Permanent part-time employees receive a full year of service credit for each calendar year worked for the purpose of retirement eligibility, date of career tenure, completion of probationary period, within-grade pay increases, change in leave category, and time-in-grade restrictions on advancement.
Part-time work is prorated, however, to determine experience for qualification requirements. Retirement-- Annuities are based on an employee's length of service and the highest average annual pay received for any three consecutive years. A part-timer's annual salary is the amount of hours scheduled to work times pay rate. Federal Employees Health Benefits program coverage is the same as that provided for full-time employees but the government contribution is prorated according to the number of hours the part-timer is scheduled to work.
For example, a part-timer scheduled for 20 hours a week will pay the employee's share of the premiums plus one half the government's share. Appeal Rights-- Part-time employees have the same rights as full-time employees when disciplinary action is taken against them. The reduction in scheduled hours is not subject to adverse action procedures. Position classification standards and guides developed by OPM are the legal basis for determining the series and grade and, consequently, the basic pay for General Schedule positions.
Actual basic pay rates for the various grades are set each year on the basis of comparisons with private-sector pay rates for the same levels of work. Rules are found at 5 CFR Part See Pay Banding in Section 5 of Chapter 1 for information about classification in those systems. Also see Section 7 of this chapter for special rules in agencies using alternative personnel policies. Position classification standards are developed for broad occupational groupings.
These standards are called "job family standards. Job grading standards, also developed by OPM, are the basis for grading trade and labor positions under the federal wage system. Salary levels for the various grades are determined for each local wage area by a survey of private-sector rates in that area. Job grading standards are developed for separate occupations, such as aircraft mechanic, machinist, and electrician, and for jobs that cross occupational lines, such as trades helper and supervisor. Both the position classification and job grading standards are at www.
For information on how to appeal a job classification, see Section 1 in Chapter Additional Federal Job-- In limited situations, a federal employee can hold more than one federal job. The law allows an individual to have more than one federal appointment, but limits the pay an employee can receive from multiple federal civilian jobs except when:. This means an employee on leave without pay from one position may be paid for another. Paid leave, however, counts toward the hour-per-week limitation.
Authorized exceptions to the limitation on paying an employee for more than 40 hours a week include:. Also, in unusual circumstances, federal agencies can make exceptions to obtain required personal services when they cannot be readily obtained otherwise 5 CFR Additional Nonfederal Job-- Under 5 CFR Part , subpart H, federal employees may not engage in outside employment or activities that conflict with official duties and responsibilities. Many federal agencies have written policies that allow outside employment, especially when it is not related to the federal work and will not result in, or create the appearance of, a conflict of interest.
Agency policies may require employees to receive prior approval for outside employment even when co-workers have similar outside jobs. Ask your supervisor, agency ethics official, and agency personnel office for further information. Also see Section 5 in Chapter A relative appointed, employed, promoted, or advanced in violation of these restrictions may not be paid.
In addition to this legal restriction, most agencies have adopted code-of-conduct regulations aimed at controlling the appearance of impropriety and other prohibited actions. These regulations vary; some are narrowly focused while others are quite broad and may govern the employment of relatives. Exceptions may be allowed for temporary employment of otherwise prohibited persons in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, or when barring their hiring would violate veterans' preference law. Such appointments are temporary and may not exceed 30 days, but the agency may extend such an appointment for one additional day period if the emergency need still exists at the time of the extension.
Individuals who were involuntarily separated from the federal government for various reasons not relating to performance or conduct have certain rights under 5 CFR Part to re-enter the competitive service workforce without competing with the public and to apply for federal vacancies open only to "status" candidates.
If you have held a career or career-conditional appointment at some time in the past, there is no time limit on reinstatement eligibility for those who:. If you do not have veterans' preference or did not acquire career tenure, you may be reinstated within three years after the date of your separation.
Reinstatement eligibility may be extended by certain activities that occur during the three-year period after separation from your last career or career-conditional appointment. Examples of these activities are:. Persons who are reinstated must meet the qualification standards and requirements applicable to the appointment in question.
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They also must meet the time-in-grade restrictions on promotion if they are reinstated in a position paid under the General Schedule and served in a non-temporary General Schedule position any time within the previous 52 weeks before reinstatement. Additionally, if the reinstatement is to a higher-grade job or to a position with more promotion potential, they must rank among the best qualified under merit promotion procedures.
Former employees who want to be reinstated must depend mainly on their own efforts to locate vacancies for which they are qualified, and the burden is on them to interest the appointing officer in effecting a reinstatement. Reinstatement eligibility does not guarantee you a job offer. Hiring agencies have the discretion to determine the sources of applicants they will consider.
Individuals usually apply to agencies in response to vacancies announced under the merit promotion program. Some agencies accept applications only when they have an appropriate open merit promotion announcement, while others accept applications at any time. If you are seeking a higher grade or a position with more promotion potential than you previously held, generally you must apply under a merit promotion announcement and rank among the best-qualified applicants to be selected.
Status applicants include individuals who are eligible for reinstatement. To establish your reinstatement eligibility, you must provide a copy of your most recent SF 50, Notification of Personnel Action, showing tenure group 1 or 2, along with your application. You may obtain a copy of your personnel records from your former agency if you recently separated. The National Personnel Records Center's Federal Records Center is the depository for official personnel folders of persons no longer in the federal service. Federal agencies generally transfer employment records to the Federal Records Center within days after the employee has been separated from service.
Requests for this information should be directed to: Louis, MO , phone , fax , www. Such inquiries should include your full name under which formerly employed, Social Security number, date of birth, and to the extent known, former federal employing agencies, addresses and dates of such employment. The Privacy Act of 5 U. No requests for information from personnel or any other type of records will be accepted by telephone or e-mail. You must meet the qualification requirements for the position.
You also must meet the suitability standards for federal employment. If you were removed for cause from your previous federal employment, it will not necessarily bar you from further federal service. The facts in each case, as developed by inquiry or investigation, will determine the person's fitness for re-entry into the competitive service.
Certain positions in the competitive service such as guard, messenger, elevator operator, and custodian have been restricted by law to veterans entitled to preference. Generally, a non-veteran may not be reinstated to such positions if qualified veterans are available. Special rules apply for those seeking reinstatement after being called to active military duty, returning after recovery from a work-related illness or injury or who were separated in a reduction in force.
A career or career-conditional employee of one agency may transfer, without a break in service of a single work day, to a competitive service position in another agency without competing in a civil service examination open to the public. An employee may transfer to a position at the same, higher, or lower grade level. Generally, the employees must be in the competitive service or excepted service operating under merit systems approved by OPM for an interchange agreement see Special Recruitment, Hiring, and Placement Programs, above.
Employees who want to transfer to another agency must locate vacancies for which they are qualified. A transfer-eligible employee may apply under vacancy announcements open only to "status" candidates--that is, those who already have civil service status. Transfer eligibility does not guarantee a job offer. Hiring agencies have the discretion to determine the sources of applicants they consider. Employees seeking a higher grade or a position with more promotion potential than they have previously held generally must apply under a merit promotion announcement and rank among the best-qualified applicants to be selected.
Eligibility-- Present federal employees who are serving in the competitive service under a career or career-conditional appointment have eligibility for transfer to a position in the competitive service. To transfer, applicants must meet the qualification requirements for the position. Employees must be found suitable for employment in competitive service positions.
If a current appointment is subject to a suitability investigation, that condition continues after a transfer. Generally on transfer, a career employee remains a career employee, and a career-conditional employee remains a career-conditional employee. Employees with career or career-conditional tenure need not be on a civil service register list of eligibles for a certain kind of position to be considered for a transfer.
Such employees may be transferred to other jobs in the competitive service without again taking a competitive examination. They must meet qualification standards and requirements applied in making noncompetitive actions and depending upon the job, may have to rank among the best qualified under merit promotion procedures. They must also meet the time-in-grade requirements when a higher grade job under the General Schedule is involved. The general rule is that no employee may transfer or be promoted or reassigned within three months after the employee's latest career or career-conditional appointment from a list of eligibles except to a position at the same or a lower grade, in the same line of work, and in the same geographical area.
OPM may waive the restriction against movement to a different geographical area when it is satisfied that the waiver is consistent with the principles of open competition. Probationary Period-- An employee is not required to serve a new probationary period after transfer. However, the employee continues to serve the remainder of any probationary period ongoing at the time of transfer.
Positions Restricted to Veterans-- Some positions in the competitive service such as guard, messenger, elevator operator, and custodian have been restricted by law to persons entitled to preference under the veteran preference laws. Generally, a non-veteran employee cannot be transferred to such positions if there are veterans available for appointment to them.
This restriction does not apply to the filling of such positions by the transfer of a non-veteran already serving in a federal agency in a position covered by the same generic title. For example, a non-veteran who is serving in the position of guard may be considered for transfer to the position of patrolman, guard, fireman, guard-laborer, etc. Effect on Pay-- When an employee's official worksite is changed, the employee's rate of basic pay must be converted to the new pay schedules in the new location based on the employee's current position of record.
This geographic conversion is processed after any simultaneous general pay adjustment, but before any other simultaneous pay action such as a promotion. A reduction in an employee's rate of basic pay resulting from geographic conversion is not a basis for entitlement to pay retention. However, those who move between the United States and overseas or out of the servicing area of their carrier may elect a new plan.
In addition, those who have a qualifying life event in connection with the transfer may be able to change their coverage under either program. Employees may not enroll or elect additional Federal Employees' Group Life Insurance coverage based on a transfer. Contributions toward retirement, the Thrift Savings Plan, flexible spending accounts and deductions for Federal Long-Term Care Insurance Program coverage will continue unchanged upon a transfer. Employees paying FLTCIP premiums via payroll deduction who transfer to a new agency should contact LTC Partners as soon as they know where and when they will be transferring in order to arrange payroll deductions there.
Depending on the timing of the premiums and the payroll cycles, a payment might be missed; in this case LTC Partners will send a bill directly to the employee. Payroll deductions cannot be adjusted to catch up for missed payments. See Chapter 2, Section 3. Transferred employees should check their leave and earnings statements after the transfer to make sure their allocations, contributions and leave crediting are proper.
Under previous law, the GS rate could not exceed the formerly applicable NAFI rate in such voluntary movements; thus, setting the rate at a GS step for these former NAFI employees generally resulted in a reduction in pay. The amendment permits an agency to set pay at the next higher step rate, avoiding a pay reduction. Implementing rules, which cover issues such as the differences between voluntary and involuntary moves, are at 5 CFR A transfer of function takes place when a function ceases in one competitive area and moves to another competitive areas which does not perform the function at the time of transfer.
The gaining competitive area may be in the same or a different agency. A transfer of function may be intra- or interagency. The transfer of function regulations, 5 CFR subpart C, use the same procedures for both types. A transfer of function also takes place when the entire competitive area moves to a different local commuting area without any additional organizational change. A transfer of function does not take place when after transfer the gaining competitive area performs the work through contract employees, a reimbursable agreement with a different competitive area, or by members of the Armed Forces.
The movement of work solely within a competitive area is deemed a reorganization, not a transfer of function. An employee who is identified with the transferring function has the right to transfer only if faced with separation or downgrading in the competitive area that is losing the function. An agency may always direct an employee's reassignment to another position regardless of location in lieu of transfer of function rights. The losing competitive area must use adverse action procedures to separate an employee who chooses not to transfer with the function to a different geographic location unless the losing competitive area at its option includes the employee in a concurrent reduction in force.
If the employee chooses not to transfer with the function, the losing competitive area may not separate the employee any sooner than it transfers employees who choose to transfer to the gaining competitive area. See Transfer of Function in Chapter 9, Section 1 , for information about reduction-in-force procedures in these situations. Federal employees can request hardship transfers to move for personal problems such as caring for sick parents, being closer to children after a divorce, gaining access to medical facilities for specific treatments for the employee or his or her family members and other reasons that create hardships for the employee or employee's family.
These transfers can only happen under the condition that there is an open position or anticipated vacancy in the desired location. Further, agencies are not obliged to offer hardship transfers. There is no government-wide hardship preference; it's up to management. Check with your agency to see if it has a hardship transfer policy. An employee's official duty station is the duty station that is documented on the most recent notification of personnel action for example, SF 50 for his or her position of record.
For most employees, this will be the location of the employee's regular worksite--that is, the place where the employee's activities are based, the location of the employee's desk or work station, or the place where the employee normally performs his or her duties. The location of an employee's official duty station affects location-based pay entitlements including locality payments, special salary rates, law enforcement officer geographic adjustments, and non-foreign area cost-of-living allowances and post differentials.
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Employees are entitled to receive the location-based pay entitlements associated with their documented official duty station for their position of record. If an employee is reassigned temporarily or permanently to a new work location and receives relocation benefits for moving to the new work location under the General Services Administration's federal travel regulations, the agency must change the employee's official duty station to the new work location.
The employee will receive the location-based pay entitlements associated with the new work location. If an employee is temporarily detailed to a position in a different duty station or is in a temporary duty travel status receiving temporary duty travel allowances, such as per diem , the employee's official duty station remains the location of the old or permanent worksite for the employee's position of record. When an employee's official worksite is changed, the employee's rate of basic pay must be converted to the new pay schedules in the new location based on the employee's current position of record.
The location of an employee's official duty station may affect other benefits, including travel, transportation, and relocation benefits and entitlements, and entitlements to overseas allowances and benefits, if applicable. The Duty Station Locator System at http: Telecommuting-- An agency determines the official duty station for an employee covered by a telework agreement on a case-by-case basis using the following criteria:.
In certain temporary situations, an agency may designate the location of the regular worksite as the official worksite of an employee who teleworks on a regular basis at an alternative worksite, even though the employee is not able to report at least once a week on a regular and recurring basis to the regular worksite. The intent of this exception is to address certain situations where the employee is retaining his residence in the commuting area for the regular worksite but is temporarily unable to report to the regular worksite for reasons beyond the employee's control.
The fact that an employee may receive lesser pay or benefits if the official worksite is changed to the telework location is not a justification for using this temporary exception. Reassignment is the change of an employee, while serving continuously within the same agency, from one position to another without promotion or demotion. An agency may reassign an employee when it has a legitimate organizational reason for the reassignment, and the vacant position is at the same grade, or rate of pay i. The agency's right to direct reassignment includes the right to reassign an employee from a special rate position to a non-special rate position at the same grade, or to a position with less promotion potential than the present position.
Reassignment to a position with more promotion potential than the present position requires competition under the agency's merit staffing plan. The position to which the agency reassigns an employee may be located in the same or a different geographic area. An agency may reassign an employee without regard to the employee's reduction in force retention standing, including an employee's veterans' preference status. A reassignment to a vacant position at the same grade is not a reduction in force action even if the agency abolishes the employee's former position.
At its option, an agency may select employees for reassignment on the basis of considerations such as retention standing, total service with the agency, length of time in a position or in the organization, etc. The agency must use the 5 CFR Part adverse action regulations when separating an employee who declines a directed reassignment to a position in a different geographic area. Such an employee is potentially eligible for most of the benefits that are available to a displaced employee separated by reduction in force intra- and interagency hiring priority, severance pay, discontinued service retirement, etc.
An employee who declines reassignment to a position in the same geographic area as the present position is not eligible for any career transition assistance or other benefits. An employee is generally eligible for relocation expense allowances for a directed reassignment that requires relocation to a different geographic area. Regulations at 5 CFR Many federal jobs overseas are filled by U.
Most jobs overseas are with the Defense and State departments. See 5 CFR Part for appointment policies. The Department of State Standardized Regulations DSSR are the overriding regulations for allowances and benefits available to civilians assigned to foreign areas. A Foreign Transfer Allowance is available when transferring from the U. It includes a miscellaneous expense portion, a wardrobe expense portion, a pre-departure subsistence expense portion, and a lease penalty expense portion. Also see the DSSR at http: These include diplomatic passports, inclusion on employee travel orders to and from posts abroad, shipment of household effects, inclusion in family size calculations for the purpose of making housing allocations, family member preference for employment at posts abroad, use of medical facilities at posts abroad, medical evacuation from posts abroad, emergency travel for partners to visit gravely ill or injured employees and relatives, inclusion as family members for emergency evacuation from posts abroad, subsistence payments related to emergency evacuation from posts abroad, inclusion in calculations of payments of overseas allowances such as payment for quarters, cost of living, and other allowances , representation expenses, and training at the Foreign Service Institute.
Where appropriate, the eligibility for benefits and allowances applies to the children of same-sex domestic partners as well. To qualify for these benefits and allowances on behalf of a same-sex domestic partner, an employee must file an affidavit certifying to eligibility requirements in 3 Foreign Affairs Manual see www. The memo also began a policy of working with foreign governments to provide same-sex domestic partners with diplomatic visas, privileges and immunities, and authorization to work in the local economy. Tax Treatment of Allowances-- Under 5 CFR , a locality rate of pay is considered basic pay for the purpose of computing danger pay allowances under 5 U.
The incentive allowances post differential, difficult-to-staff incentive differential and danger pay are additional compensation and are included in gross income for federal income tax purposes. Other allowances under the DSSR are considered "reimbursements" for the extra expense due to a foreign assignment and are not taxed. Pay and benefits may vary depending on the employee's pay system, assignment location, scope and nature of duties, and nature of assignment. Agenies may waive premium pay and aggregate pay limitations for work overseas under certain conditions as described in Pay Caps in Chapter 1, Section 2.
Agency heads have the discretionary authority under Section of Public Law as later amended to provide employees assigned or detailed to a combat zone allowances, benefits, and gratuities comparable to those provided to members of the Foreign Service under Section death gratuities and Chapter 9 travel, leave, and associated benefits of Title I of the Foreign Service Act of Separate but parallel authority applies regarding employees assigned to Pakistan.
See Overseas Employment, above. The Defense Department separately may provide certain Foreign Service benefits for its employees under certain circumstances under 5 U. OPM regulations give agencies the discretionary authority to provide incentive payments of as much as 25 to percent of basic pay, in some cases, to address difficulties in recruiting or retaining employees in combat zones.
Benefits potentially available under the Federal Employees' Compensation Act include medical and wage loss benefits, schedule awards for permanent impairment due to loss of hearing, vision or certain organs, vocational rehabilitation for injured employees; and survivor benefits if an employee is killed in performance of duty or if an employee later dies from a covered injury. Further information is at www. Foreign Service officers help formulate and carry out U.
They serve at some diplomatic posts worldwide, including embassies, consulates and U. Examination and Appointment-- Application for Foreign Service positions is a multiple-step process, beginning with registration and proceeding on to the taking of the Foreign Service Officer test, which is offered during eight-day windows at various testing centers several times a year.
The next step is scrutiny by a qualifications review panel, followed by an oral assessment, medical and security clearance and a final review panel. Successful candidates are then put on a rank-ordered list, grouped by career track. Further information, including the locations and dates of tests, is at www. If the candidate's current salary is high enough that he or she would lose money, the starting salary may be raised to the step in the grade for which the candidate is qualified that is closest to the current salary. Foreign Service employees traditionally were paid at a higher basic rate when posted in the Washington, DC, area, where most domestic postings occur, but lost that adjustment when posted overseas.
Even though they became eligible for various special pays and allowances when overseas, in many cases their total compensation was lower. Language to establish the Washington locality rate as the base pay of all Foreign Service officers was enacted in by P. Foreign Service officers are eligible to participate in the government's insurance plans under generally the same terms as civil service employees and are eligible to receive Social Security and Medicare benefits once they meet the age and contribution requirements of those programs.
Members of the Foreign Service first hired after participate in the Foreign Service Pension System, under which Foreign Service officers who have reached the age of 50, and who have served for 20 years or more, are eligible for retirement with a full annuity. Officers who have served for 10 years and are at least 57 years of age years of age under certain conditions are eligible to retire with a reduced annuity.
Retirement at 65 is mandatory. The latter is determined by multiplying the number of years of service by 1. The required payroll deduction for the basic benefit is 1. Foreign Service officers who retire before their 62nd birthday, and who are otherwise eligible for a full annuity, may be eligible to receive an annuity supplement. This supplement is roughly equivalent to the Social Security benefits the retiree would receive if he or she met the age requirement.
Foreign Service officers get the same federal holidays and annual and sick leave benefits as civil service employees. In addition, they are eligible for home leave--time to be spent in the United States--which accrues at the rate of 15 workdays per year spent on overseas assignment. The government also pays for travel of the officer and his or her family to the officer's home in the United States and provides various allowances, including post allowances, post differentials, living quarters allowances, shipment and storage expenses, and others see Overseas Employment, above.
It consists of three classes: SFS employees receive raises upon a determination by the head of their department or agency that their performance or contribution to the mission of the agency so warrant. Positions in the Judicial Branch and the Legislative Branch share many of the same benefits as Executive Branch workers. Employees of those two branches generally are covered under the federal retirement systems, insurance programs, leave and holiday rules, workers' compensation, unemployment compensation, flexible spending accounts, the Thrift Savings Plan and many other Executive Branch policies.