What
are the procedures to follow for U.S. Department of State Foreign
Service Officers (FSOs) interested in an international organization
assignment?
Apply directly to the international organization that
you are interested in and once you have a written offer that you have
been selected for that position contact Mary Ann Thomas in HR/CDA/SL/CDT
to finalize your reassignment. FSOs must curtail their onward or
current assignment and obtain approval for reemployment rights back to
the Department. Ultimately, the Bureau that you would have been
assigned to will be the action Bureau facilitating the necessary
paperwork.
What is the difference between a Detail and a Transfer?
“Second”
can refer to either a detail or transfer. A federal employee on
transfer to an international organization becomes an employee of, and is
paid by, that organization. An employee on detail is "assigned" or
"loaned" to an international organization and continues to be accounted
for and paid by the home agency. Please visit the federal
employees and
agencies pages for more detailed information.
How long can I be detailed or transferred to an IO?
A
federal agency can transfer or detail an employee to an international
organization for up to five years without approval of the U.S.
Department of State. In order to obtain an extension of up to three
years, the IO needs to write a letter to your home agency requesting the
extension citing justification. Your home agency will then request
approval for an extension from the U.S. Department of State. Please
contact us for more information on extensions.
What
are the changes to the regulations published October 31, 2008
pertaining to transfers and details of individuals to international
organizations (IO)?
The U.S. Office of Personnel Management (OPM)
changed the regulations to eliminate the "equalization allowance" paid
to employees who transfer to an international organization upon return
to the employing agency. In the past the equalization allowance
guaranteed that the amount of payments for an employee who transferred
to an IO were no less than the amount the employee would have received
had the employee been detailed to the IO. For example: if the cumulative
pay, allowances, or other monetary benefits paid by the IO to the
transferred employee were less than what the agency would have paid to
an employee on detail, the employing agency was required by law to make
up the difference of those payments. Congress eliminated payment of this
allowance in Section 2504 of Public Law 105-277.
The updated regulation also clarified the Department of State as being
the agency responsible for designating an organization as an IO for the
purposes of 5 CFR 352 subpart C. Agencies with questions regarding the
designation of such organizations should
contact us.
Why did OPM make these changes to the regulations?
OPM
made these changes to be consistent with Section 2504 of Public Law
105-277 in which Congress repealed the equalization allowance upon an
employee's return to Federal service after transferring from an
international organization. In the past OPM has acted as a middleman for
exchanging information between the agencies and the Department of State
on designation of international organizations. With this new
regulation, agencies with questions regarding the designation of
organizations should contact the Department of State's Bureau of
International Organizations.
Are individuals serving on temporary appointments eligible for transfers to international organizations?
No,
per 5 CFR 353.307, employees serving on temporary appointments are not
eligible for transfer to an international organization.
Are individuals serving on term appointments eligible for transfers or details to international organizations?
Yes,
agencies may transfer or detail an employee serving on a term
appointment to an international organization in accordance with the
provisions of 5 CFR 352 subpart C. Upon return, employees serving on
term appointments that are transferred or detailed to an IO serve out
the unexpired portion of their term appointment. If the appointment
expires while the individual is on transfer or detail, the individual
has no reemployment right back to the agency they left prior to
assignment.
How do agencies determine the pay
of an employee transferred or detailed to an international organization
if the agency is under a pay for performance system where pay is linked
directly to performance?
Federal agencies are required by
regulation to set pay for returning employees according to the system
the agency has in place. In the case of a transfer employee's
reemployment from an international organization, payment of salary
begins upon reemployment and only the basic pay is set according to 5
U.S.C. §3582 and §3583. Employees who are reemployed after transfer from
an international organization should have their salaries set under the
same agency policy and procedures in place according to 5 CFR 531
subparts B and D. Detailed employees remain as employees of the agency
for all intents and purposes and should be treated as such.
How does an agency make pay actions effective, "as if the employee was not absent" as stated in 5 CFR, section 352.314?
Upon
reemployment from an international organization, the effective dates
for pay actions are retroactive, but not the pay. For example: an
employee is transferred to an international organization on March 2,
2008; is due a with-in-grade increase in May 2008, and the agency
reemploys the employee on September 1, 2008. The agency would effect the
within grade increase in May 2008 and the employee would be reemployed
at the higher step upon return. Because employees who transfer are no
longer employees of the agency, agencies should refer to OPM's Guide to
Processing Personnel Actions for information on processing various pay
changes that occur while an employee is transferred to an international
organization. Employees are not entitled to back pay while absent during
transfer to an international organization.
How
does an agency evaluate an employee detailed or transferred to an
international organization if the organization has an evaluation system
that is not performance based?
Agencies must evaluate employee
performance in accordance with policies and procedures established
pursuant to applicable laws and regulations. For agencies subject to
title 5, they must comply with the requirements found in 5 CFR Part 430.
These provisions require agencies to establish procedures in their
performance appraisal programs for evaluating performance when they
transfer or detail individuals to another position. This includes
assignments to IOs, which may not have performance-based evaluation
systems. In these situations, agencies must determine whether they will
be able to obtain performance input from the gaining organization so the
supervisor of record can do the performance appraisal. If not, the
employee would be unrateable for the applicable appraisal period.
How
does an agency determine the effective dates for career ladder
promotions for employees transferred or detailed to international
organizations?
Employing agencies are required by regulation to
set pay for returning employees according to the system the agency has
in place. As mentioned above effective dates are retroactive, and it is
at the discretion of the agency whether a returning transferred employee
in a career ladder position is promoted immediately upon return. If the
employee's performance has not been evaluated prior to transfer to an
international organization, the agency head has the discretion to
determine the effective date of promotion. Agencies should follow their
established merit promotion plan or union agreement, as applicable when
promoting all employees.
While an employee is
detailed or transferred to an international organization and his or her
position is upgraded, how does the agency effect this change?
The
agency must place the employee in the upgraded position effective the
date the position is upgraded (i.e., the agency would process this
action in the same manner as if the employee were present). This action
does not require the employee to return to the agency before being
promoted. Agencies with pay-for-performance systems must comply with
applicable guidance pertaining to their pay/compensation system.
While
an employee is detailed or transferred to an international organization
and his or her position is downgraded, how does the agency effect this
change?
The employee is downgraded in the position without a loss
of entitlements effective upon return to the downgraded position or one
similar to the position the employee left.
What does the phrase "all appropriate civil service employment purposes" mean as used in 5 CFR 352.311 (d)?
The
phrase "all appropriate civil service employment purposes" applies to
such factors or considerations as: time in grade, tenure, service
computation dates, etc.
How do these rules apply to Foreign Service employees?
Foreign
Service officers (FSO) and Foreign Service information officers (FSIO),
including Presidential appointees to these positions (see 5 CFR
352.307), are eligible for detail or transfer to an international
organization. However, because these positions are covered by Title 22,
United States Code, OPM strongly encourages agencies to review all
applicable Title 22 U.S.C. provisions to ensure assignments of FSOs and
FSIOs are made in accordance with these provisions.
How are employees detailed to an international organization handled in the event of a reduction in force (RIF)?
Detailed employees remain employees of the employing organization and compete in a RIF as if they were not on detail.
How are employees transferred to an international organization handled in the event of a reduction in force (RIF)?
An
employee who transfers to an international organization under this
authority no longer holds an official position of record in the agency
and is not a competing employee in the event of a RIF. A transferred
employee is entitled to be reemployed in his/her former position or in a
position similar to the one the employee left, with the same status and
pay. If the agency is unable to reemploy the transferred employee
because no position is available, the agency must reemploy the employee
for the purpose of providing reemployment rights. In the event of a
concurrent RIF notice, before separation, the agency must provide the
employee with information on how to appeal the agency's decision to the
Merit Systems Protection Board.
Are international organizations (IO) required to reimburse Federal agencies for employees on details?
Details
may be made with or without reimbursement to the employing agency by
the IO or with agreement by the IO to reimburse all or part of pay,
travel expenses, or other allowances. Agencies may credit reimbursements
to the appropriations fund or account from which the payments were
made.
Are agencies required to reimburse
employees detailed or transferred to an international organization (IO)
for any expenses the employee incurs as a result of the assignment?
Agencies
are not required to reimburse employee expenses resulting from a detail
or transfer to an IO. However, IOs may pay or reimburse detailed
employees without regard to 18 U.S.C., Sec. 209, (Salary of government
officials and employees payable only by United States), for expenses
incurred while performing duties required by the detail. If the
reimbursement from the IO is less than what the employee would receive,
under agency internal policies, the agency may reimburse the employee
for the difference. Employees may not accept reimbursement from both
organizations for the same expense.
Can Federal agencies charge leave for employees to interview at the international organization?
Agencies
may excuse employees without charge to annual leave to interview for a
proposed detail or transfer. Official travel within the US may also be
approved for this purpose.
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