(as of April 28, 2008) Obtained by request using the FOIA. Original source available online at:

Transcription

1 Peace Corps Manual (as of April 28, 2008) Obtained by request using the FOIA Original source available online at: MS Human Resources Management Personnel Policies, Objectives, and Classification 601 Administration of the Peace Corps Personnel System 602 Foreign Service National 603 Position Classification Recruitment and Appointment 611 Eligibility for Peace Corps Employment or Volunteer Service of Applicants with Intelligence Backgrounds 613 Trial Period Procedures for Foreign Service Employees 614 Personnel Security Program Evaluation and Compensation 620 Peace Corps Merit Promotion and Selection Plan 622 Within Class/Grade Salary Increases 625 Premium Pay 626 Peace Corps Performance Appraisal System 627 SFS Performance Management System and Pay Attendance and Leave 630 Hours of Duty 635 Absence and Leave Conditions of Service 641 Employee Standards of Conduct 642 Conditions of Service for U.S. Overseas Staff 643 Limited Personal Use of Government Office Equipment - 1 -

2 Employee-Management Relations 652 Disciplinary Procedure for Foreign Service Employees 653 Affirmative Action and Equal Opportunity Programs 655 Employee Grievance Procedure 658 Peace Corps Employee Assistance Program 659 Labor-Management Relations Employee Training, Development, and Incentive Awards 662 Peace Corps Incentive Awards Program 664 In-Service Employee Staff Training Assignments, Transfers, and Separations 671 Termination Process for Peace Corps Staff 673 Policies and Procedures for Detailing Employees Employee Programs 682 Safety and Health Program Local Recruitment and Employment 691 Guidelines for Employment of Foreign Service Nationals by Direct-Hire and Detail 693 Employment of U.S. Citizens Abroad 694 Employment of Family Members 699 Report on Foreign Service National Employees and Personal Service Contractors - 2 -

3 MS 601: Administration of the Peace Corps Personnel System Date: 07/15/98 Office: 05/10/84, 06/08/67 Supersedes: Human Resource Management (M/HRM) Table of Contents Table Of Contents 1.0 Purpose 2.0 Peace Corps Personnel System 2.1 General 2.2 Foreign Service Members 2.3 General Schedule 2.4 Time Limits 2.5 Unlimited Status 2.6 Country Directors 2.7 Foreign Nationals 2.8 Senior Foreign Service 2.9 Experts and Consultants 3.0 Policy 3.1 General 3.2 Compatibility with the Foreign Service System 3.3 Equal Employment Opportunities 3.4 Political Discrimination 3.5 Negotiated Agreement 3.6 Basic Qualifications for Peace Corps Employment - U.S. Staff Applications for Employment U.S. Citizenship Intelligence Background Security Investigations 3.7 Overseas Service 4.0 Recruitment and Selection 4.1 Overseas Employees Medical Clearance Country Directors Other United States Citizen Overseas Employees - 3 -

4 4.1.4 Foreign Service Nationals 4.2 Full-time Positions in the United States 4.3 Temporary Positions and Confidential/Policy Making Positions 5.0 Appointments 5.1 Foreign Service (U.S. Citizen) (FP) Trial Period FP Employees Extensions Within the Five-year Period Extensions Beyond Five Years In/Out rule 5.2 Foreign Service (U.S. Citizen) Temporary 5.3 Foreign Service National (FSN) 5.4 Presidential Appointments 5.5 Experts and Consultants Expert Definition Consultant Definition Restrictions Reappointment Limits 6.0 Salary Determination 6.1 Applicants not Currently Employed by the U.S. Government 6.2 Applicants Transferring From Another Federal Agency Lateral Transfer Transfer and Promotion 6.3 Eligibility for Periodic Step Increases 7.0 Non-competitive Eligibility 7.1 Peace Corps Employees 7.2 Returned Peace Corps Volunteers (RPCVS) 7.3 Vista Volunteers 8.0 Reemployment Rights 9.0 Promotions 10.0 Termination of Appointments 1.0 Purpose This Manual Section describes the overall policies and authorities of the Peace Corps personnel system. The basic authority for the Peace Corps personnel system is section 7 of the Peace Corps Act, which authorizes the Peace Corps to use the Foreign Service personnel system contained in the Foreign Service Act of 1980 as its exclusive personnel system for all employees except experts and consultants. 2.0 Peace Corps Personnel System 2.1 General The Peace Corps personnel system, while it uses the Foreign Service Act of 1980 as its source of - 4 -

5 President to "utilize such authority contained in the Foreign Service Act of 1980 relating to members of the Foreign Service and other United States government officers and employees as the President deems necessary to carry out functions under this Act..." The characteristics that make the Peace Corps system unique are that its U.S. citizen employees 1) are appointed for limited periods of time, and 2) may not be reemployed until a period of time equal to the time they were employed by the Peace Corps has elapsed. Since Peace Corps appointments are of limited duration, those provisions of the Foreign Service Act that apply exclusively to career Foreign Service Officers do not apply to Peace Corps employees. 2.2 Foreign Service Members Except as provided below, all Peace Corps employees other than the Director and Deputy Director are appointed members of the Foreign Service using authority contained in section 7(a)(2) of the Peace Corps Act and section 303 of the Foreign Service Act of 1980 (22 USC 3943). They receive time-limited noncareer appointments in the excepted service, and are ineligible for allowances and benefits authorized exclusively for career Foreign Service Officers. U.S. citizen Foreign Service appointments are designated "FP" appointments. The Peace Corps also has a rarely used authority under section 7(a)(1) to appoint or assign individuals to overseas positions in the Peace Corps. Use of this authority requires the specific authorization of the Director. 2.3 General Schedule The Peace Corps does not have authority to use the General Schedule authorities contained in title 5, United States Code. The Peace Corps does not, therefore, make appointments in the competitive Civil Service or excepted service appointments under schedules A, B, and C. 2.4 Time Limits Except as noted in paragraph 2.5, appointments of United States citizens to the Foreign Service by the Peace Corps are always time limited. Appointments are only for the time granted and automatically expire at the end of that time. Appointments may be extended, in the sole discretion of the authorized agency employee, but only if the extension satisfies the requirements of the Peace Corps Act. The Peace Corps Act generally limits Peace Corps employment to five years; authorizes the Director to extend appointments up to 12 months under special circumstances and up to 30 months to achieve specified statutory purposes; and prohibits an employee whose appointment has terminated from receiving another appointment until the passage of a period of time equal to the prior length of service. Neither satisfactory performance nor service for less than the maximum time permitted under the Peace Corps Act creates any right or expectation in an employee that his/her appointment will be extended. 2.5 Unlimited Status Certain Peace Corps employees are not subject to the time limits on Peace Corps employment because their appointments were specifically designated as "for the duration of operations under the Peace Corps Act." These employees fall into two categories: 1) employees whose General Schedule appointments were at grade GS-8 or below prior to the repeal of Peace Corps' General Schedule appointment authority in October, 1965; and 2) employees who held such appointments when they were involuntarily transferred to the Foreign Service from ACTION effective December 29, 1981, pursuant to section 601(a) of Public Law Country Directors - 5 -

6 Peace Corps Country Directors are appointed under authority of section 7(c) of the Peace Corps Act. In general, their appointments are on the terms and conditions described in section 7(a)(2) of the Peace Corps Act, except that their appointments may be terminated at the discretion of the Director at any time without notice, notwithstanding any other provision of law or this Manual. 2.7 Foreign Nationals Foreign nationals may be appointed to the Foreign Service only for service abroad. Their appointments are not subject to the time limitations contained in section 7(a)(2) of the Peace Corps Act. Foreign nationals may not be appointed to positions in the United States. See MS 602, "Foreign Service National (FSN) Personnel Administration." 2.8 Senior Foreign Service Peace Corps appointments to the Senior Foreign Service are not subject to the five percent limitation on such appointments established by section 305(b) of the Foreign Service Act of Experts and Consultants Experts and consultants are appointed under authority of section 13 of the Peace Corps Act and section 3109 of title 5, United States Code. 3.0 Policy 3.1 General Peace Corps personnel policy is set forth in the Peace Corps Manual and in those provisions of the Foreign Affairs Manual (FAM) and the Standardized Regulations (Government Civilians, Foreign Areas) applicable to the Peace Corps or adopted by reference in the Peace Corps Manual, and such other laws and regulations as may be applicable to federal employees generally, e. g., the Privacy Act and provisions of law relating to health benefits, severance pay, and equal employment opportunity. In the absence of applicable provisions in those authorities, the office of Human Resources Management (M/HRM) may refer to rules and policies promulgated by the Office of Personnel Management for general guidance. The goal of the Peace Corps personnel policy is to create, within the parameters of applicable law, a personnel framework in which employees can work to their fullest capacity and contribute to the mission of the Peace Corps. The Peace Corps is committed to the equitable and consistent application of personnel policy for all employees. Every effort should be made to inform all Peace Corps employees of the rules and regulations affecting their employment with the Peace Corps. Individual employees share the responsibility for keeping themselves informed of personnel policies and procedures. 3.2 Compatibility with the Foreign Service System In accordance with sections 203 and 205 of the Foreign Service Act of 1980 the Peace Corps personnel system is administered, to the extent practicable, in a manner that ensures maximum compatibility with the other agencies authorized by law to use the Foreign Service personnel system and in conformity with the general policies and regulations of the government. 3.3 Equal Employment Opportunities - 6 -

7 The Peace Corps provides equal employment opportunity regardless of race, color, religion, sex, age, national origin, sexual orientation, or disability in the recruitment and appointment of employees, in promotion and in all subsequent personnel actions. See MS 653, "Affirmative Action and Equal Opportunity Programs," and MS 655, "Employee Grievance Procedure," for applicable complaint procedures. 3.4 Political Discrimination The Peace Corps prohibits the application of political tests or political qualifications in appointment, promotion, or any other personnel action affecting personnel assigned to positions abroad, or to positions in the United States that are not confidential, policy making, policy determining, or policy advocating. 3.5 Negotiated Agreement Certain Peace Corps employees (members of the "bargaining unit") are covered by a negotiated contract between the Peace Corps and the Peace Corps Employees' Union, which affects certain aspects of the Peace Corps personnel system as it relates to covered employees. 3.6 Basic Qualifications for Peace Corps Employment - U.S. Staff Applications for Employment All applicants for Peace Corps employment shall submit such signed application or other information as may be prescribed from time to time by the Director of M/HRM. The information provided will be used to determine the applicant's qualifications for employment. Providing false information in connection with obtaining employment by the Peace Corps is grounds for non-selection or dismissal after appointment; and may be punishable by fine or imprisonment. See MS 614, "Personnel Security Program," and MS 620, "Peace Corps Merit Selection and Promotion." U.S. Citizenship Employees of the Peace Corps, other than foreign national employees employed at Posts abroad, must be United States citizens Intelligence Background See MS 611, "Eligibility for Peace Corps Employment or Volunteer Service of Applicants with Intelligence Backgrounds," for restrictions on employment of applicants who have been employed by intelligence agencies or otherwise associated with intelligence activities Security Investigations As required by section 22 of the Peace Corps Act, all applicants for employment must undergo such investigations as may be prescribed by the Director. 3.7 Overseas Service The Foreign Service Act states that all U.S. citizens receiving appointments to the Foreign Service should be available for overseas service. 4.0 Recruitment and Selection - 7 -

8 The Peace Corps continues to seek outstanding candidates for its staff from all walks of life. Because Returned Peace Corps Volunteers (RPCVs) provide a vital and continuing source of well qualified candidates who are especially knowledgeable about the Agency's goals and operations, particular emphasis is given to the recruitment and selection of these applicants. 4.1 Overseas Employees Medical Clearance U.S. citizen overseas employees and their dependents must be medically cleared. The Peace Corps' medical clearance program is administered by the Department of State's Office of Medical Services. See 3 FAM 684 for details of the medical clearance program Country Directors The Director of the Peace Corps makes final selection decisions for all Country Director positions. Country Directors are confidential, policy advocating employees. The selection process is as prescribed from time to time by the Director Other United States Citizen Overseas Employees The selection of U.S. citizen employees, other than Country Directors and American Family Member employees, for service abroad is coordinated by the office of Human Resources Management (M/HRM). The Regional Director responsible for the country of assignment has final approval authority Foreign Service Nationals See MS Full-time Positions in the United States For positions filled through the competitive process, applicants must file an application with M/HRM within the prescribed time period in order to be considered for the position in question. M/HRM conducts a review of the applications and ensures compliance with the selection policies and procedures. Selection is made as provided in MS 620, paragraph Temporary Positions and Confidential/Policy Making Positions Temporary positions and confidential, policy making, policy determining, or policy advocating positions are not required to be recruited competitively and are not subject to the merit selection and promotion procedures. No confidential, policy making, policy determining, or policy advocating position may be established without the written approval of the Chief of Staff. 5.0 Appointments 5.1 Foreign Service (U.S. Citizen) (FP) Trial Period Employees receiving Foreign Service appointments for a period of more than one year, other than - 8 -

9 a trial period. The trial period for positions in the United States is six months from the date of appointment and for overseas positions it is six months from the date of arrival at the overseas Post. See MS FP Employees Peace Corps staff, other than Presidential appointees and experts and consultants, receive excepted service appointments as members of the Foreign Service under authority of section 7 of the Peace Corps Act and the Foreign Service Act of Extensions Within the Five-year Period Appointments may be extended for one or more additional periods but may not exceed a total of five years except as provided in paragraph If an appointment is not to be extended beyond its expiration date, the employee will receive a thirty (30) day advance notice in writing. Employees who have reemployment rights to other federal agencies will receive sixty (60) days advance notice in writing. Failure to give the required notice entitles the employee to an extension for the period necessary to give the required notice. Employees whose appointments expire because they have reached the five-year limit on employment, or the expiration date of an appointment beyond the five-year limit, are not entitled to an extension because of the Agency's failure to give timely notice of the expiration date of the appointment Extensions Beyond Five Years a. 12-month extension (sixth year) The Director of the Peace Corps has the authority to approve personally, on an individual basis, an extension of appointment not to exceed one year beyond the five-year limitation. Exercise of this authority is limited by law to "special circumstances." b. 30-month extension (third tour) 1. The appointment of an employee whose performance has been exceptional may be extended by the Director for not more than an additional two and one-half years to achieve one or more of the following purposes: A. To permit individuals who have served at least two and one-half years abroad to serve in the United States. B. To permit individuals who have served at least two and one-half years in the United States to serve abroad. C. To permit individuals who have served at least two and one-half years in a recruitment, selection, or training activity to serve in an activity other than the one to which they have most recently been assigned. D. To promote the continuity of functions in administering the Peace Corps. 2. The number of appointments exceeding five years made under this authority may not at any time exceed fifteen percent of the total of all FP appointments of United States citizens currently in effect In/Out Rule In accordance with the provisions of section 7(a)(2) of the Peace Corps Act, Peace Corps U.S. citizen FP employees appointed under that section may not be reappointed before the expiration of a period of time equal to the amount of time served under a preceding appointment. "Preceding appointment" means the total consecutive period of FP employment of the individual by the Peace Corps, including all extensions or appointments to new positions. 5.2 Foreign Service (U.S. Citizen) Temporary - 9 -

10 Temporary Peace Corps employees, other than Foreign Service Nationals, receive appointments under section 7(a)(2) of the Peace Corps Act for periods of one year or less. Exceptions to this limitation may be granted by the Director of M/HRM when continuation of a temporary appointment is determined to be necessary and in the best interest of the Peace Corps. At the termination of the temporary appointment, the employee may not be reappointed before the expiration of a period of time equal to the amount of time served under the preceding appointment. 5.3 Foreign Service National (FSN) See MS 602, paragraphs 5.1 and Presidential Appointments The Director and Deputy Director of the Peace Corps are appointed by the President by and with the advice and consent of the Senate. Theirs are the only authorized Presidential appointments. See section 4(a) of the Peace Corps Act. 5.5 Experts and Consultants An expert position is one that requires the services of a specialist with skills superior to those of others in the same profession, occupation, or activity to perform work on a temporary and/or intermittent basis. A consultant position is one that requires providing advice, views, opinions, alternatives, or recommendations on a temporary and/or intermittent basis on issues, problems, or questions presented by a federal official. Implementing regulations for expert and consultant appointments are found in 5 CFR part Expert Definition An expert is a person who is specially qualified by education and experience to perform difficult and challenging tasks in a particular field, beyond the usual range of achievement of competent persons in that field. An expert is regarded by other persons in the field as an authority or practitioner of unusual competence and skill in a professional, scientific, technical, or other activity Consultant Definition A consultant is a person who can provide valuable and pertinent advice generally drawn from a high degree of broad administrative, professional, or technical knowledge or experience or a person who is affected by a particular program and can provide useful views from personal experience Restrictions An expert or consultant may not be appointed: a. To do work performed by the agency's regular employees or to fill in during staff shortages. b. To perform managerial or supervisory work (although an expert may act as team leader or director of the specific project for which he/she is hired), to make final decisions on substantive policies, or to otherwise function in the agency chain of command (e. g., to approve financial transactions, personnel actions, etc.). c. To a position requiring Presidential appointment. This does not preclude appointing an individual as an expert or consultant while he/she awaits final action on a Presidential appointment (subject to the conditions set forth in 5 CFR part 304) or final clearance on appointment to a senior level confidential, policy making, policy determining, and/or policy

11 advocating position Reappointment Limits An expert or consultant may be employed on an intermittent, part-time, or full-time work schedule. Expert and consultant appointments may not exceed one service year in length. A service year is the calendar year that begins on the date of the individual's initial appointment. Renewal is accomplished by "reappointment." An individual may be reappointed to an expert or consultant position that involves substantially different duties without regard to the basis of appointment (i. e., intermittent or temporary), work schedule (i. e., intermittent, part-time, or full-time), time limits imposed on a previous appointment, cumulative earnings, or the actual number of days the employee worked in the past service year. A different position is one with duties and responsibilities recognizably different from those of the previous assignment that cannot be considered an outgrowth or extension of that assignment. Some obvious indicators of a different position are different organizational location, different area of work, or work on an unrelated program. Reappointments of substantially the same duties may be limited by time or by cumulative earnings. Time Limits Method An individual serving in an intermittent or part-time appointment may be reappointed indefinitely, as long as he/she does not work more than 130 days (6 months) in any service year. If an individual serving in an intermittent or part-time appointment is employed for more than 130 days in his/her first service year, he/she may be reappointed to perform substantially the same duties for one additional year. If such an individual is employed to perform substantially the same duties for more than 130 days in any subsequent service year, his/her appointment may not be renewed thereafter. An expert or consultant with a full-time work schedule is not restricted as to the number of days he/she may work in a service year, but may not be reappointed more than once to perform substantially the same duties. Such an individual may not thereafter be reappointed to perform substantially the same duties on an intermittent, full-time, or part-time schedule. Cumulative Earnings Method When a part-time or intermittent expert or consultant is initially reappointed Peace Corps may limit reappointments by using the expert's or consultant's earnings, rather than the time limits discussed above, as the limiting factor. If this method is used, the expert or consultant will be assigned a lifetime-earnings limit of twice the annual rate for GS-15, step 10 (excluding locality pay or any other additional pay), minus the cumulative pay earned during the appointment that is being renewed. This limit may be adjusted annually to reflect statutory increases in basic pay rates. Peace Corps may reappoint the expert or consultant as many times as desired until the expert or consultant reaches his/her lifetime earnings limit, at which time the appointment must be terminated without the possibility of reappointment to perform substantially the same duties. 6.0 Salary Determination The office of Human Resource Management (M/HRM) is responsible for determining the grades and salaries offered to prospective Foreign Service and Senior Foreign Service employees, and to experts and consultants. The salary at the time of the initial appointment with the Peace Corps will be at the first step of the grade appointed, except in those cases where the applicant's experience, education, salary history, or other relevant factors support a higher step. The Director of HRM may authorize the higher step where warranted. Verification of salary history may be requested, including copies of tax forms or other evidence of salary history, as appropriate. 6.1 Applicants not Currently Employed by the U.S. Government

12 The applicant will normally be offered a starting salary that is not more than 6% above his/her last verified salary. The Director of M/HRM may authorize a higher salary based on such factors as the applicant's special qualifications, the difficulty of filling the position, geographic cost of living differences, verifiable comparison of benefit package costs, or the employer environment (e. g., a nonprofit setting or academia). 6.2 Applicants Transferring From Another Federal Agency Lateral Transfer Applicants coming directly to the Peace Corps on lateral transfers will receive an initial salary that is closest to, but not less than, the grade and step of their previous position Transfer and Promotion An applicant coming directly to the Peace Corps, who is promoted in connection with the transfer, will receive a salary that is the equivalent of two steps above (rounded to the next higher step) his/her previous salary. 6.3 Eligibility for Periodic Step Increases Peace Corps employees are eligible for a Periodic Step Increase, based upon satisfactory performance, 52 weeks after their initial appointment in the Foreign Service personnel system, if the initial appointment is to salary step 1 through 9. They are eligible in 104 weeks if the initial appointment is to step 10 through 13. Service in another federal government agency will count toward the waiting period for individuals appointed by lateral transfer under paragraph See MS 622, "Within-Class/Grade Salary Increases," for more details on periodic and meritorious increases. 7.0 Non-competitive Eligibility 7.1 Peace Corps Employees Peace Corps employees appointed under section 7 of the Peace Corps Act who complete 36 months or more of continuous, satisfactory service are eligible for non-competitive appointment to the competitive service and to established merit systems in the excepted service of U.S. government executive branch agencies for a period of three years after separation from the Peace Corps. 7.2 Returned Peace Corps Volunteers (RPCVs) Individuals who serve satisfactorily as Peace Corps Volunteers are eligible for non-competitive appointment to the competitive service and to established merit systems in the excepted service of U.S. government executive branch agencies including the Peace Corps for a period of one year after the completion of their service. The Peace Corps personnel system is an established merit system in the excepted service for purposes of non-competitive eligibility. The Peace Corps will extend the one-year period up to a maximum of three years in those cases where the RPCV is engaged in military service, in the pursuit of studies at a recognized institution of higher learning, or in other activities, such as volunteer programs, that, in the view of the Peace Corps, warrant the extension. "Serve satisfactorily" means successful completion of a full term of service or completion of at least one year of service, including training, and termination of service for reasons beyond the control of the individual. See MS 285, "Volunteer Description of Service Statement and Certificate of Group Health Coverage," paragraph 3.0. Non-competitive appointment is discretionary with the appointing official. Its

13 use is not mandatory. 7.3 Vista Volunteers VISTA Volunteers who satisfactorily complete at least one year of VISTA service are eligible for noncompetitive appointment in the same manner as RPCVs. 8.0 Reemployment Rights Under the provisions of section 7 of the Peace Corps Act and section 310 of the Foreign Service Act of 1980, U.S. government employees who accept limited appointments with the Peace Corps may, at the discretion of the agency by which they are employed, be granted reemployment rights at the grade or class level held prior to the Peace Corps appointment. 9.0 Promotions Eligibility for promotion is subject to the standards contained in MS 620, paragraph Termination of Appointments Pursuant to section 611 of the Foreign Service Act of 1980, time-limited appointments in the Foreign Service may be terminated at any time. Terminations pursuant to MS 626, "Peace Corps Performance Appraisal System," and MS 652, "Disciplinary Procedure for Foreign Service Employees," must follow the procedures provided by the applicable Manual Section unless the employee waives in writing his/her rights under such Sections. Employees terminated for misconduct are also entitled to the procedures provided by section 610(a)(2)(A) of the Foreign Service Act of Employees terminated for other reasons not covered by MS 626 or 652 (e. g., abolishment of position) are entitled to 30 days advance notice of termination of their appointments

14 MS 602: Foreign Service National (FSN) Personnel Administration Date: 1/12/85 v.2 Office: M/PM/I Supersedes: MS 691, 12/14/83 Table of Contents Table Of Contents 1.0 Purpose 2.0 Authority 3.0 Definitions 4.0 Coverage 5.0 Policy 5.1 General 5.2 Interagency Coordination Managers Responsibility 5.3 Staffing FSN Employees Third Country National Employees (TCNS) American Family Members (AFM) 5.4 Basic Qualifications for Peace Corps FSN Employment 6.0 Appointments Application for Employment Security Clearance Medical Clearance 6.1 Types of Direct Hire Appointments 6.2 Regional Concurrence 6.3 In-country Appointment Procedures 6.4 Reporting Procedures for Peace Corps/Washington Reporting for Conditional Appointments 7.0 Compensation 7.1 General Classification Wages and Benefits Severance 7.2 Disability Compensation

15 7.2.1 Amount of Compensation Emergency Medical Expenses Funding of Emergency Medical Expenses Reporting Procedures 8.0 Performance Evaluation 8.1 General 9.0 Awards 9.1 Length of Service Awards Awards for 10, 20, 30, and 40 Years of Service 9.2 Incentive Awards 10.0 Separation Cash Awards Amount of Cash Award for Sustained Outstanding job Performance Amount of Cash Award for Suggestions Resulting in Improved Operations 10.1 General 10.2 Types of Separations 11.0 Training Separations for cause 11.1 Staff Training Cycle in Washington Health Insurance While in the United States for Training 12.0 Detail of Host Country Nationals to Peace Corps 12.1 Salary and Benefits 12.2 Other Factors Security Clearance Conflict of Interest Vehicle Insurance Service to Host Country Government During Time of Detail 12.3 Peace Corps/Washington Reporting Procedures 12.4 Regional Approval 13.0 Effective Date 1.0 Purpose This Manual Section describes the personnel management policies and authorities for Peace Corps Foreign Service National (FSN) employees. 2.0 Authority The basic authority for the appointment of Peace Corps employees, including FSN employees, is found in Section 7(a) of the Peace Corps Act (22 U.S.C (a)). Peace Corps personnel policy for FSN employees is set forth in the PC Manual Sections 602, 603 and 699, and in the Foreign Affairs Manual (3FAM), section

16 3.0 Definitions Foreign Service National(FSN) Position. An FSN position is a slot which may be filled by a Foreign Service National (FSN) employee, a Third Country National (TCN) employee or an American Family Member (AFM) employee. The number of FSN positions at Post must be coordinated with the Chief of Mission at Post. Additions or reductions in the number of FSN positions require the concurrence of the Chief of Mission at Post and the Regional Director. Notification of change is coordinated through the Office of Personnel Management/Peace Corps (M/PM/I) and the U.S. State Department. Foreign Service National(FSN) Employee. An FSN employee is a host country national hired to fill an FSN position. The time worked by FSN employees counts against the FTE (Full Time Equivalent) numbers of the Post and the Region. 4.0 Coverage Although Peace Corps' general personnel policy toward FSN employees in Micronesia is consistent with its policy elsewhere, the absence of U.S. embassies in Micronesia makes it necessary for Peace Corps to establish Micronesia specific FSN policies and procedures. Personnel policy and guidelines for Peace Corps Micronesia FSN staff are covered in the Peace Corps Micronesia FSN Personnel Manual. 5.0 Policy 5.1 General Peace Corps continues to acknowledge the importance of Foreign Service National employees in the conduct of its mission overseas. Because the five year rule affecting U.S. direct hire and resident hire staff does not apply to non U.S. citizens, the employment and retention of qualified FSN staff is crucial to the continuity and stability of the program. 5.2 InterAgency Coordination Foreign Service National employees of the Peace Corps are covered by the same rules, regulations, and guidelines as those covering FSN employees of the U.S. Department of State, AID, USIA and other United States Government agencies that employ Foreign Service National employees abroad under the provisions of the Foreign Service Act of (See 3 FAM 900.) Managers Responsibility All Peace Corps managers are expected to take an active role in interagency affairs affecting FSN employees. This includes, but is not limited to, participation and leadership in policy groups, compensation review and appeals panels and committees, incentive award committees, and salary survey teams. 5.3 Staffing Staffing at an overseas Peace Corps Post has been and will continue to be a mix of American and FSN employees. Professional level programming and/or resources management jobs may be filled by either FSN employees or American employees, e.g., the lead employee for Agriculture programming may be an FSN employee in one country and an American in another. Generally, the support positions are filled by FSN employees

17 5.3.1 FSN Employees The employment of FSNs at Peace Corps Posts makes closer and more meaningful relationships possible between Peace Corps and the host country people and host country governments. Such personnel bring to their assignments, in addition to expertise, a sensitivity available only to those who are fully a part of the host culture Third Country National Employees (TCNs) The employment of Third Country Nationals (TCNs) to fill FSN positions is discouraged because the crosscultural exchange between the FSN staff of the host country and the Peace Corps is important to the mission of the Peace Corps in that country. Additionally, there are complications with visas, work permits, and long term benefits such as host country social security programs. (See 3 FAM 927 for details.) American Family Members (AFM) The employment of American Family Members (AFMs) to fill FSN positions is discouraged except for very short term or unusual needs. Again, cross cultural exchange between the FSN staff of the host country and the Peace Corps is important to the mission of the Peace Corps in that country. Authorization to use the AFM program must be obtained in advance from the Office of Personnel Management (M/PM/I). Personnel Management will obtain the concurrence of the Associate Directors of Management and International Operations prior to authorizing the use of an AFM employee. (See 3 FAM for details.) 5.4 Basic Qualifications for Peace Corps FSN Employment Application for Employment Candidates must complete an "Application for Employment in the Foreign Service of the United States" (Form OF-174) and submit the form to the U.S. Embassy Personnel Office or to the Peace Corps Country Director for transmittal to the U.S. Embassy Security Clearance Security investigations are conducted by the Post Security Officer. Employees must have at least a temporary clearance prior to reporting for duty. The Regional Security Officer issues or denies the final security clearance Medical Clearance Medical clearance must be obtained prior to reporting for duty. The medical examinations are conducted by the Department of State Regional Medical Officer (RMO) at Post or the designated Department of State Medical physician, in those cases where there is no RMO. The examining physician determines whether the applicant meets the minimum physical requirements of the position. 6.0 Appointments 6.1 Types of Direct Hire Appointments Following are the types of direct hire appointments: Temporary- appointment for duration of one year or less. Limited- appointment for duration of more than one year, but less than five years

18 Indefinite- appointment with no specific time limit, which requires that the employee participate in a host country social security plan. Conditional- appointment with no specific time limit, which requires the employee's participation in the U.S. Civil Service Retirement and Disability Systems (CSR). Conditional appointments are appropriate only at Posts which had the authority to offer participation in the CSR. (NOTE: U.S. Civil Service Retirement System is under revision. New enrollments are not being made at present.) 6.2 Regional Concurrence Positions to be filled by FSN direct-hire employees must be in compliance with budget and FTE requirements approved by the Regional Director. The Country Director is the selecting official at Post. Country Directors must receive concurrence from the Regional Director unless such concurrence is waived by the Regional Director on the following: Proposed position assignment, Proposed grade and salary, and Proposed entry-on-duty date. 6.3 In-country Appointment Procedures The recruitment and appointment processes are coordinated with the U.S. Embassy at Post. The Personnel Officer and/or Administrative Officer will provide assistance to the Country Director in these matters. At Peace Corps Posts where the Embassy is in another geographic location, the Country Director will have a greater direct role in recruitment and selection. However, in both cases, the personnel processing functions and records maintenance functions are the responsibility of the U.S. Embassy. 6.4 Reporting Procedures for Peace Corps/Washington Employment of Foreign Service National Employees is reported to PC Washington by cable. (See MS 699 for detailed guidance.) Reporting for Conditional Appointments All FSN positions which are part of the U.S. Civil Service Retirement and Disability System require that the following be sent to Accounting Division (M/FM/A): A copy of the Notification of Personnel Action (SF-50). All subsequent notification of personnel action, e.g., promotion, pay adjustment, transfer, and separation. Form FS-415, "Annual Reconciliation of Payroll Deductions" will be provided by the appropriate Finance Center for each FSN employee participating in the CSR system. 7.0 Compensation 7.1 General Foreign Service National employees will receive compensation and employee benefits in accordance with Section 408 of the Foreign Service Act of 1980, which requires the establishment of a compensation plan based on prevailing wage rates and local compensation practices. All agencies at each Post that hire FSNs under the provisions of the Foreign Service Act of 1980 are covered by the same compensation plan

19 7.1.1 Classification Peace Corps FSN positions are classified in accordance with the interagency guidelines as detailed in the Local Employee Classification Handbook. Within the handbook, there are Peace Corps specific classification standards, Peace Corps Program Series, #4020. More detailed information on the classification of FSN positions can be found in the 3 FAN 930 and the Peace Corps MS 603, Position Classification Wages and Benefits Salary and benefit plans are developed for each country based upon surveys of the wages and benefits provided by other employers in the country. There are three types of survey: Basic - a full fledged wage and benefit survey conducted by contractors. This is done every 4-5 years or as the needs of the country dictate. Salary change - a more simplified procedure conducted by the Post. Generally, this should be done on an annual basis or more often if the need arises. Spot-check - a survey procedure used to update existing data. This may be used as frequently as needed. The guidelines for collecting the data and constructing the plan are found in the InterAgency Handbook on Foreign Service National Employee Compensation. Additional information on the timing and implementation of the surveys can be found in 3 FAN Severance All FSN compensation plans should include a severance pay plan which is administered in compliance with local law. The plan should include rules covering employee eligibility, creditable service, amount of payments, notice period required, and circumstances under which severance is or is not granted. 7.2 Disability Compensation An FSN employee who suffers illness or sustains an injury in the performance of duty may be entitled to compensation under the provisions of the Federal Employee's Compensation Act (5 U.S.C ) as administered by the Department of Labor's Office of Workers' Compensation Program (OWCP) Amount of Compensation As determined by OWCP, an FSN employee will be compensated in accordance with the benefit provisions of local law or custom of the country; or in accordance with special schedules promulgated by OWCP for citizens of a specified country Emergency Medical Expenses The Country Director may make emergency payments of medical expenses which will then be reimbursed by the OWCP upon certification that the treatment for which payments were made was for injury sustained in the performance of duty and that such injury was not caused by the willful misconduct of the employee or by the employee's intention to bring about injury to self, and that intoxication was not the proximate cause of the injury Funding of Emergency Medical Expenses

20 Payment of emergency medical expenses should be charged to the Peace Corps account used for medevacs and other medical expenses of U.S. direct hire personnel overseas. Documentation required for reimbursement from OWCP consists of two copies of paid vouchers or bills which show the full name of the injured employee, date of injury, dates of treatment, character of services, amounts for each, name of doctor, hospital or vendor furnishing the services or supplies, translated into English at Post Reporting Procedures Reporting job related illness or injury for FSN employees is the same as that outlined in MS 682, "Safety and Health Program" with three exceptions: one, when reporting salary on the claims forms, indicate the base salary plus any bonus payments not included in the base figure; two, include a current exchange rate; and three, send along a copy of local labor laws when applicable. OWCP claims are coordinated through the Office of Medical Services, Health Benefits and Analysis Division (M/MS/HB). 8.0 Performance Evaluation 8.1 General Supervisors have a continuous responsibility to evaluate the performance of their employees and to discuss the evaluation with the employees. The evaluation process is on-going and should include discussion with the employee throughout the year. On an annual basis, the supervisor is required to prepare a written performance evaluation. The written evaluation will be done using the Performance Evaluation Report form, JF- 50. Additional information on process and procedure can be found in 3 FAM Awards 9.1 Length of Service Awards The length of service award gives official recognition to creditable service with the U.S. Government. Service computation dates are computed and maintained by the Posts Awards for 10, 20, 30, and 40 Years of Service Certificates to FSN employees completing the designated number of years of service will be requested from the Office of Personnel Management (M/PM) Peace Corps/Washington. Information required for completion is: name, number of years of service to be recognized, and the month and year the service was completed. Certificates will be signed by the Director and returned to Post. Where possible, the Peace Corps should participate in interagency award ceremonies at Post. 9.2 Incentive Awards The purpose of the InterAgency Incentive Award program is to encourage FSN employees to participate actively in improving Peace Corps operations; recognize and reward employees for suggestions, superior accomplishments or other personal efforts which will reduce costs or simplify operations; and recognize and reward FSN employees for sustained outstanding work performance. (See 3 FAN 640 for additional details.) Cash Awards Nominations for awards to FSN employees should be initiated by the Country Director. The nomination should be prepared on Form DS-1577, "Nomination for Incentive Award", and submitted to the Joint Awards Committee, of which the Country Director should be a member, at Post for review and

21 concurrence. If the committee concurs with the award or in those cases where there is no committee at Post, the nomination should be forwarded to the Office of Personnel Management (M/PM) for review and approval. The Office of Personnel Management, Peace Corps Washington, administers the Incentive Awards program for the Peace Corps. Decisions to approve or not approve the award are made by an Incentive Awards Committee consisting of the three Associate Directors or their designates, the Director of Personnel Management, a union representative, and the Incentive Awards Administrator Amount of Cash Award for Sustained Outstanding Job Performance Recommendations for awards for sustained outstanding job performance range from 1 1/2 to 10 percent of annual salary Amount of Cash Award for Suggestions Resulting in Improved Operations The criteria used for determining the amount are based on the level of the benefit to the Peace Corps: Moderate- Contribution limited in scope either as to number of employees or nature of program affected, $25 - $100. Substantial- Contribution which is an important improvement affecting minor programs or contributions involving important changes in methods or property, $100 - $200. High- Contribution affecting significant phases of the entire Peace Corps Post operations or which involve major changes in methods, $200 - $400. Exceptional- Contribution materially affecting substantial or significant phases of the Agency's overall program or of outstanding services in the public interest, $400 - $ Separation 10.1 General Under the authority of section 612 of the Foreign Service Act of 1980, an FSN employee may be separated at any time in light of criteria and procedures normally followed in the locality in similar circumstances and in accordance with local law. A separation notice period should be established which conforms to local prevailing practice. An FSN employee may be separated without advance notice if: The Country Director in consultation with the U.S. Embassy, determines that the continued employment of the employee presents a security threat to the U.S., The final results of a security and suitability investigation are adverse and recommendation for separation is made by the regional security officer, or Where permitted by local law. (See 3 FAM 974.) 10.2 Types of Separations Employees may be separated for: 1) cause, 2) disqualification, 3) age, 4> reduction in force, 5) abandonment of position, 6) disappearance, 7) military service, 8) disability or 9) death. General guidelines on separations are found in 3 FAM 974 and specific guidelines will be found at each Post. Local labor laws, local practices and customs will be followed to the extent feasible in the specific guidelines for each Post

22 Separations for cause Country Directors must consult with the Office of General Counsel, Peace Corps, when proposing a separation for cause Training FSN employees are encouraged to obtain training on the job, from local schools and universities and through correspondence courses. Additionally, FSN employees are nominated for attendance at staff training cycles at Peace Corps/Washington Staff Training Cycle in Washington Country Directors will select FSN employees for participation in staff training in Washington. The number of nominations per year will depend upon the availability of funds, the needs of the Peace Corps Post and the potential benefit to the nominee and to the Agency. The Peace Corps country budget is used for FSN staff training expenses Health Insurance While in the United States for Training The Peace Corps Act, Section 10 (h) allows the Peace Corps to provide for hospitalization and medical treatment for FSN employees while in the U.S. for training. The Peace Corps Office of Personnel Management (M/PM/I) purchases a special health insurance policy for FSN employees scheduled for Washington Staff Training. The coverage is for illness or injury incurred during travel to Washington, the time in Washington and at other designated training sites, and return to Post Detail of Host Country Nationals to Peace Corps Country Directors should encourage host country governments to provide personnel on assignment or detail to the Peace Corps as a form of host country contribution. If a host country government is unable to detail such personnel at its own expense, the Country Director may agree to provide partial or full reimbursement to the host government Agency without affecting FTE Salary and Benefits Before agreeing to reimburse a host country government for the cost of detailing one of its employees, the Country Director should determine the salary and benefits the individual is receiving from the government and what the individual could command in the local labor market. The Peace Corps should pay no more than the individual's prior rate of compensation. Moreover, if the individual's government compensation rate significantly exceeds what the individual could command in the local market, this factor should be weighed in fixing the amount of reimbursable costs the Peace Corps will pay. While the individual is on detail to the Peace Corps, the ministry or government Agency will remain responsible for the employee's standard benefits such as health insurance, annual leave, or retirement benefits. It is the Country Director's responsibility to ensure that the detailed employee does not unknowingly forfeit these benefits by accepting a detail with the Peace Corps. Finally, the reimbursable costs for the detail of a host country national should be compared to the level of compensation that would be paid an FSN under direct-hire procedures. If reimbursable costs of the detail exceed the maximum level that would be paid under the U.S. local employee compensation plan, the Country Director must keep documentation of this on file demonstrating that the detail is not a device to avoid a direct hire