(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

23 12.2 Other Factors Security Clearance The Post Security Officer will conduct preemployment investigations for personnel to be detailed in accordance with 3 FAM Detailed personnel (like direct-hire) cannot be given access to classified material. With security clearance, they may have access to Peace Corps general administratively controlled material Conflict of Interest The Country Director must be sensitive to situations involving, or appearing to involve, conflicts of interest between a detailed individual's responsibilities toward the Peace Corps and toward the host government Agency Vehicle Insurance If detailed host country nationals are expected to operate Peace Corps vehicles in connection with their assignments, the Country Director shall determine whether host country law requires the Peace Corps to purchase liability insurance locally. If the detailed employee is expected to operate host country government owned vehicles in connection with his or her Peace Corps assignments, the host country government's written assumption of responsibility must be secured Service to Host Country Government During Time of Detail During periods of detail to the Peace Corps, host country personnel may not perform employee services for their government which are unrelated to their Peace Corps duties Peace Corps/Washington Reporting Procedures The Country Director will forward to the Regional Director the following information for each professional host country national whose detail from the host country government is proposed: Proposed position assignment, Biographical summary, Proposed detail arrangements with the host country government Agency, Proposed costs to the Peace Corps, if any, and justification for the proposed salary if it exceeds country norms, and Value of host country contributions due to the detail Regional Approval The Regional Director must approve or disapprove the proposed detail Effective Date This Manual Section takes effect on the date of publication

24 MS 603: Position Classification Date: 1/4/84 Responsible Office: M/PM Supercedes: MS 603 (12/07/73) Table of Contents Table of Contents 1.0 Purpose 2.0 Scope 3.0 Policy 3.1 Foreign Service Positions in the United States 3.2 General Schedule Positions 3.3 Foreign Service Positions Overseas 3.4 Foreign Service National Positions 3.5 Expert/Consultant Positions 4.0 Procedures 4.1 Foreign Service Positions in the United States Writing the Position Description (PD) Reviewing the Position Description Classifying the Position Reviewing a Classification 4.2 General Schedule Positions 4.3 Foreign Service Positions Overseas Position Descriptions Classifying the Positions Appealing a Classification 4.4 Foreign Service National Positions Appealing a Classification Appeals Panel Process 4.5 Expert/consultants 5.0 Effective Date Preparing a Statement of Work Classifying the Statement of Work

25 1.0 Purpose This Manual Section defines the policies and procedures for the classification of Peace Corps positions. 2.0 Scope The policies and procedures described pertain to all Peace Corps personnel except those who hold Executive Schedule positions and Senior Foreign Service positions. 3.0 Policy Positions are classified, or evaluated, based on the duties, responsibilities, and qualifications required to perform the work. 3.1 Foreign Service Positions in the United States These positions are classified on the general principle of equal pay for substantially equal work. The U.S. Office of Personnel Management Position Classification Standards are normally used as references for U.S. based positions. The positions are classified to classes FP 9 through 1 and to grades AD (Administratively Determined) 1 through General Schedule Positions The Peace Corps has limited General Schedule classification authority. This authority is limited to maintaining and recertifying existing General Schedule positions; and to classifying new GS positions in order to laterally reassign current GS employees to different positions. This may occur when the employee's present position description has become obsolete and/or when management determines that the employee may be better used in another position. 3.3 Foreign Service Positions Overseas These positions are classified according to the "rank-in-the-person" classification principle. This system recognizes the rank inherent in the individual performing the work. 3.4 Foreign Service National Positions These positions are classified in accordance with the system developed by the State Department, in consultation with the InterAgency Advisory group and as outlined in the Local Employees Position Classification Handbook. This system is based on the "rank-in-position" principle in which the duties and responsibilities of the position are evaluated. 3.5 Expert/Consultant Positions These positions are evaluated on the basis of the duties and responsibilities of the position and qualifications required to perform the work. The level of complexity and expertise required must be at the class level of FP 3 or higher

26 4.0 Procedures 4.1 Foreign Service Positions in the United States Writing the Position Description (PD) The supervisor or designee drafts a description of the position. The position description (PD) should be a concise and accurate description of the duties and responsibilities of the position. The basic format of the PD is in three parts: Introduction. The Introduction should indicate the position's major purpose and its location within the Agency. Duties and Responsibilities. The Duties and Responsibilities should be grouped into paragraphs that describe the major duties to be performed. Minor duties can be summarized at the end of the PD. Supervision and Guidance. The Supervision and Guidance section should identify the title of the supervisor, the degree and type of supervision, the type of work review, and the reference and guidelines available for the performance of the work. A PD can generally be writ- ten in two Pages or less. The writer of the PD should consult with a Classification Specialist in the Office of Personnel Management regarding the draft PD. The Classification Specialist may suggest revisions which will enhance the clarity of the document Reviewing the Position Description After the PD has been written, a Form OF-8, "Position Description" should be attached to the PD. The appropriate supervisor or manager must review the PD for accuracy and clarity and sign the Form OF Classifying the Position A Classification Specialist analyzes, evaluates, and classifies the position based on the duties, responsibilities, and qualification requirements. The analysis may include further consultation with the supervisor or manager. Generally, the Classification Specialist will use the published U.S. Office of Personnel Management Position Classification Standards as reference during the analysis process. The Classification Specialist, at the completion of the evaluation, certifies the position as to job series, class level(s), and title Reviewing a Classification Employees (or their supervisor) may request a reconsideration of classification decision by submitting a letter stating the reasons they disagree with the classification, including any factors they believe were omitted in the analysis. The letter should be directed to the Director of Personnel Management (M/PM) and should be accompanied by the supervisor's statement concerning the accuracy of the PD and the accuracy of any additional duties and responsibilities. The decision by the Director (M/PM) is final. 4.2 General Schedule Positions The Peace Corps does not presently classify GS positions; however, should the Peace Corps choose to, it would follow the procedures prescribed by The Office of Personnel Management Classification Standards

27 4.3 Foreign Service Positions Overseas Position Descriptions Standard PDs describe the duties and responsibilities of the country Director, Associate Peace Corps Director and Medical Officer positions in broad, general language. The PDs are not country or position specific. Each position can be performed at more than one level, based on the experience, education, and demonstrated expertise the incumbent brings to the position. This is the "rank-in-the-person" concept Classifying the Positions Standard PD's are evaluated and assigned to multi-class levels. In determining the appropriate minimum and maximum class levels, the duties and responsibilities are evaluated using any relevant published standards and comparable positions in other Foreign Affairs agencies as references Appealing a Classification Because the overseas Foreign Service positions are classified and staffed based on the "rank-in-the-person" concept, there is no classification appeal process. 4.4 Foreign Service National Positions Based on an InterAgency Agreement between the State Department and Foreign Affairs agencies, Peace Corps FSN positions are routinely classified by the Embassy staff at Post. Detailed instructions on the process are found in the Local Employee Position Classification Handbook. Each Embassy Personnel and/or Administrative Office has a copy of the handbook. In those cases where there is no Embassy coverage, classification functions are performed by the headquarters Office of Personnel Management (M/PM), using comparable criteria Appealing a Classification An FSN staff member or his or her supervisor may request reconsideration of a classification decision. Informal consultation with the Embassy Personnel Officer or the Administrative Officer, where there is no Personnel Officer at Post, may clarify and/or resolve the disagreement. If agreement is not reached, the case may be referred to the Post Appeals Panel Appeals Panel Process Each Post should have a Post Appeals Panel. The Peace Corps Country Director is generally a standing member of the panel and must be a member when a Peace Corps classification appeal is being adjudicated. The Panel reviews the classification appeal against existing standards and decides whether the position is properly classified. If agreement is not reached, the Post Appeals Panel may refer the case to the InterAgency Appeals Board in Washington. An InterAgency Appeals Board in Washington consisting of members of the headquarters agencies reviews appeals submitted by the Post Appeals Panel. The appeals submitted to Washington are generally in the following categories: There are no published standards for the position in question: The Post Appeals Panel could not decide the issue and requested further consultation; or The appeal is a result of the initial installation of the worldwide classification system

28 In a highly unusual case, the Director of the Peace Corps can overrule the findings of the Washington InterAgency Appeals Board on a Peace Corps FSN classification decision. 4.5 Expert/Consultants Preparing a Statement of Work The office engaging the consultant or expert is responsible for preparing a brief, accurate, and concise statement of the work to be performed. The statement is generally less than one page in length. An OF-8 form, "Position Description" is not required Classifying the Statement of Work A Classification Specialist reviews the Statement of Work to ascertain that the work to be performed meets the criteria, as defined by the U.S. Office of Personnel Management, for experts and consultants; and that the required duties, responsibilities, and qualifications warrant at least the FP 03 class level. 5.0 Effective Date This Manual Section shall become effective on the date of issuance

29 MS 611: Eligibility for Peace Corps Employment or Volunteer Service of Applicants with Intelligence Backgrounds Date: 4/2/84 Office: D/GCLL Supersedes: MS 201, para II-B. 5, 5/14/73 MS 643, 7/21/75 Table of Contents Attachments Table of Contents 1.0 Policy 2.0 Scope 3.0 Definitions 3.1 Intelligence Activity 3.2 Related Work 3.3 Employment 4.0 Eligibility 4.1 Employment by an Intelligence Agency or Division Thereof Permanent Ineligibility Ineligibility for a Minimum of 10 Years Ineligibility for a Period in Excess of 10 Years 4.2 Related Work 5.0 Criteria Family Relations with an Intelligence Background 6.0 Procedures for Employment Applicants 6.1 Notice Background Information Vacancy Announcements Contractors and Consultants Request for Additional Information Failure to Disclose Information 6.2 Screening 6.3 Appeal

30 6.3.1 Appeal Sustained 7.0 Procedures for Volunteer Applicants 7.1 Notice Background Information Recruitment Responsibility Request for Additional Information Failure to Disclose Information 7.2 Screening 7.3 Appeal 7.4 Appeal Sustainment 8.0 Effective Date Attachments IN PROGRESS OF OBTAINING Attachment A Peace Corps Intelligence Background Information (PC 1336 [83]) 1.0 Policy It has been the Peace Corps' longstanding policy to exclude from Peace Corps Volunteer service and Peace Corps employment, under the provisions set forth in para 4 below, any persons who have engaged in intelligence activity or related work or who have been employed by or connected with an intelligence Agency. This policy has been reaffirmed by each successive administration. The policy is founded on the premise that it is crucial to the Peace Corps in carrying out its mission that there be a complete and total separation of Peace Corps from the intelligence activities of the United States government, both in reality and appearance. Any semblance of a connection between Peace Corps and the intelligence community would seriously compromise the ability of the Peace Corps to develop and maintain the trust and confidence of the people of the host countries. To insure that there is not the slightest basis for the appearance of any connection between Peace Corps and the intelligence community, the policy contains certain permanent bars. Serious doubts about an applicant's connection with intelligence activities are to be resolved in favor of exclusion. It is also the policy of Peace Corps to obtain agreement from intelligence agencies and other agencies engaged in intelligence activities not to employ former Peace Corps employees or Volunteers for a specified period after their Peace Corps service or employment. Information regarding such agreements may be obtained from the agencies themselves or from the Peace Corps Office of the General Counsel. 2.0 Scope Restrictions imposed pursuant to this policy are uniformly applicable to applicants for positions as Volunteers, Volunteer Leaders, employees, including part time and temporaries, interns, consultants and personal service contractors

31 3.0 Definitions 3.1 Intelligence Activity "Intelligence Activity" includes any activities or specialized training involving or related to the clandestine collection of information, or the analysis or dissemination of such information, intended for use by the United States government in formulating or implementing political or military policy in regard to other countries. The term "intelligence activity" includes any involvement in covert actions designed to influence events in foreign countries. 3.2 Related Work The term "related work" means any employment by or other connection with an intelligence Agency or with an intelligence activity, if such connection could be the basis for an inference that the individual involved was engaged in an intelligence activity. 3.3 Employment The terms "employment," "employee" or "employed" as used herein refer to the existence of a relationship of employer and employee, whether full-time or part-time, permanent or temporary, without regard to the length of time the relationship existed or is proposed to exist, and includes for purposes of this policy individuals performing duties as Volunteers, fellows, interns, consultants and personal service contractors. 4.0 Eligibility 4.1 Employment by an Intelligence Agency or Division Thereof Permanent Ineligibility Persons currently or formerly employed by the Central Intelligence Agency shall be permanently ineligible for Peace Corps Volunteer service or employment by the Peace Corps Ineligibility for a Minimum of 10 Years Any person who has been employed by an Agency or division of an Agency, other than the Central Intelligence Agency, a substantial part of whose mission has been determined by the Peace Corps General Counsel to include intelligence activities, shall be ineligible for service as a Volunteer or for employment for a period of 10 years from the last date of employment by such Agency Ineligibility for a Period in Excess of 10 Years Individuals may be ineligible for service or employment for a period in excess of 10 years where the General Counsel determines that their background or work history with regard to intelligence activities warrants such action. 4.2 Related Work Applicants for Peace Corps Volunteer service or employment whose background or work history discloses a substantial connection with an intelligence activity or related work other than through employment shall be ineligible to serve as Peace Corps Volunteers or as employees of the Peace Corps for a period of time ordinarily not to exceed 10 years from the date of their last connection with the Agency or activity

32 4.2.1 Family Relations with an Intelligence Background For purposes of this provision, family relationship to an employee of an intelligence Agency may be considered a disqualifying connection. Determinations in such cases will be made on a case by case basis using the criteria noted in para 5 below. Examples of the type of family relationships which could lead to the exclusion of applicants are individuals whose spouses are or were involved in actual intelligence activities, or members of the immediate family of prominent highly placed officials in the intelligence community who might be the target of harassment or violence overseas as the result of their family connections. 5.0 Criteria In determining whether an individual's employment under para or an individual's connections with intelligence activities or related work under para 4.2 render him or her ineligible for service or employment, or in determining the duration of any ineligibility, the Office of the General Counsel shall consider the following factors as appropriate: (i) Nature of the activity or connection. (ii) The Agency with which the applicant was connected. (iii) Length of time the individual participated in the activity or work. (iv) Length of time which has elapsed since the last connection. (v) Where the activity or work was performed. (vi) Nature of the connection with intelligence activity or related work. (vii) Whether or not the activity involved contact with foreign nationals. (viii) Whether the connection was known or unknown to the applicant at the time it occurred. (ix) Training received, if any. (x) Regularity of the contact, and nature of duties, if any. (xi) Public knowledge of the activity or connection. (xii) Any other information which bears on the connection of an applicant to an intelligence activity or related work. 6.0 Procedures for Employment Applicants 6.1 Notice Background Information All applicants for positions as employees, personal service contractors, or experts and consultants will be required to provide sufficient information to permit a determination of their eligibility under this Manual Section prior to their appointment Vacancy Announcements All vacancy announcements for positions subject to this Manual Section will contain the following notification: "Peace Corps Manual Section 611 is applicable to this position. This section prohibits the employment of certain persons previously engaged in intelligence activities or connected with intelligence agencies. Applications must be accompanied by a completed PC-1336 form (see Attachment A), or narrative signed statement, indicating whether the applicant has been involved in or has had any connection with intelligence activities or related work and if so the nature and dates of his or her involvement. Failure to meet this requirement will result in the applicant being rated ineligible for consideration."

33 6.1.3 Contractors and Consultants In the case of contractors or consultants positions subject to this policy, which are not filled through vacancy announcements, the Director of Personnel Management or any individual assigned responsibility for recruiting to fill the position shall inform all applicants of the policy and require that they fill out a PC form or signed narrative statement indicating whether the applicant has been involved in or has had any connection with any intelligence activity or related work and, if so, the nature and dates of his or her involvement. Such information must be Provided before the applicant is considered for the vacancy Request for Additional Information Any applicant whose PC-1336 form or narrative statement does not indicate involvement in or connection with intelligence activities or related work, or employment by an intelligence Agency, but whose background contains an indication that he or she may be otherwise ineligible under this Manual Section will be sent a notification by the Office of Personnel Management of the substance of this policy, and a request for further information. Any further investigation necessary to determine the eligibility of an applicant for employment under this Manual Section will be performed by Personnel Security of the Office of Management Failure to Disclose Information Failure to disclose information relevant to a determination under this Manual Section may result in disqualification of an applicant or disciplinary action including removal. 6.2 Screening The Director of Personnel Management or his or her designee is responsible for the initial screening of applications for positions covered by this Manual Section. In cases where the Director of Personnel Management is unable to make a determination on the eligibility of an applicant, the individual's application will be referred to the General Counsel. In addition, in all cases falling within paragraph the General Counsel will make the final determination as to eligibility. In cases falling within paragraph 4.2., the General Counsel will be responsible for convening a panel composed of the three Associate Directors and the General Counsel, or their designees, to determine whether the applicant is eligible. 6.3 Appeal The Director of Personnel Management will inform all applicants promptly in writing of any decision disqualifying them and the reasons for that decision. Applicants will also be informed that they have 15 calendar days from the date of receipt of the letter from the Director of Personnel Management to appeal the decision to the Director of the Peace Corps. The decision of the Director of the Peace Corps shall be final Appeal Sustained Individuals who would otherwise have been within the range of selection who have applied for positions filled under Peace Corps' merit promotion plan, and whose appeals are sustained, shall be granted priority consideration equal to that given to repromotion eligibles for the next similar position for which they are qualified

34 7.0 Procedures for Volunteer Applicants 7.1 Notice Background Information Prior to their selection for Peace Corps assignment, all applicants for Volunteer service will be required to provide sufficient information to permit a determination of their eligibility under this Manual Section Recruitment Responsibility Peace Corps recruiters will be responsible for explaining the importance of the intelligence policy to all applicants and directing their attention to the appropriate section of the Peace Corps application which pertains to the policy Request for Additional Information Any applicant whose Peace Corps application does not indicate involvement in or connection with intelligence activities or related work, or a particular intelligence activity or work, but whose background contains an indication that he or she may be ineligible under this Manual Section will be sent a notification by the Office of Placement (ORPS/P) of the substance of this policy and a request for further information. Any further investigation necessary to determine the eligibility of an applicant for Peace Corps service will be performed by Personnel Security of the Office of Management Failure to Disclose Information Failure to disclose information relevant to a determination under this Manual Section may result in the disinvitation or separation of the individual from the Peace Corps. 7.2 Screening ORPS/P is responsible for the initial screening of Peace Corps Volunteer applications. In cases where that office is unable to make a decision regarding the eligibility of an applicant under this Manual Section, the individual's application will be referred to the General Counsel for determination. In addition, in all cases falling within para and 4.2., General Counsel, after consultation with MRPS/P, will make the final determination whether the applicant is eligible. 7.3 Appeal MRPS/P will inform all applicants promptly and in writing of any decision to disqualify them and the reasons for that decision. Applicants will also be informed that they have 15 days from the date of receipt of the letter from MRPS/P to appeal the decision to the Director of the Peace Corps. The decision of the Director of the Peace Corps shall be final. 7.4 Appeal Sustainment Individuals who otherwise would have been eligible for selection for a Peace Corps program and whose appeals are sustained, shall be granted priority consideration for the next program for which they are qualified

35 8.0 Effective Date This Manual Section takes effect on the date of issuance

36 MS 613: Trial Period Procedures for Foreign Service Employees Date: 1/9/84 Responsible Office: M/PM Supercedes: MS604, 4/29/76 Table of Contents Attachments Table of Contents 1.0 Purpose 2.0 Authority 3.0 Scope 4.0 Policy 5.0 Definitions 5.1 Supervisor 5.2 Office Director 5.3 Trial Period 5.4 Pre-employment Conduct 5.5 Satisfactory Conduct During the Trial Period 5.6 Reviewing Official 6.0 Procedures 6.1 Duration of Trial Periods Employees in the United States Employees Overseas 6.2 Notification of Trial Period Status 6.3 Certification for Retention 6.4 Termination due to Performance Unsatisfactory Performance Advance Notice Reviewing Official Final Decision 6.5 Termination due to Pre-employment Conduct 7.0 Effective date Employee Notification Reviewing Official Final Decision

37 Attachments IN PROGRESS OF OBTAINING Attachment A PC Form 1576, Trial Period Certification Report 1.0 Purpose This Manual Section establishes procedures for the evaluation of the performance of Foreign Service employees--inclusive of pre-employment conduct--during their initial period of employment to determine whether they warrant retention. 2.0 Authority Sections 7(a) and (b) of the Peace Corps Act, as amended. 3.0 Scope All Foreign Service employees appointed for a period of more than (1) year, except Associate Directors, Directors of Staff Offices, the General Counsel, Peace Corps Country Directors, and those employees whose appointments are required to be confirmed by or made with the advice and consent of the Senate. In addition GS employees who are required to convert to FP appointments by operation of Section 601(c)(3)(A) of PL , providing the conversion is to a position having the same duties and responsibilities as the position previously held, are exempt from trial period requirements. 4.0 Policy An employee covered by this Manual Section is subject to a trial period at the beginning of an initial Foreign Service appointment in Peace Corps. During this period, the employee must demonstrate that retention in the position is in the best interest of the Agency. Supervisors have the responsibility during an employee's trial period to provide guidance and assistance to ensure that the employee has a fair opportunity to demonstrate that he or she should be retained in his or her Foreign Service position. If, however, the employee's performance is not satisfactory, even after assistance, the supervisor must take steps to terminate the appointment in the best interest of the employee and Peace Corps. 5.0 Definitions 5.1 Supervisor The officially designated unit head in the United States; a Country Director overseas. 5.2 Office Director The Peace Corps Director, Deputy Director, Associate Directors, the General Counsel, and Directors of Staff Offices

38 5.3 Trial Period The time immediately subsequent to appointment during which the employee may be terminated, with appeal rights, for pre- employment conduct or Post-employment conduct or performance. (Employees terminated outside the trial period will have appeal rights as appropriate.) 5.4 Pre-Employment Conduct Conduct by the employee prior to a Foreign Service appointment, which if known to Peace Corps would have been sufficient grounds for non-selection for appointment. 5.5 Satisfactory Conduct During the Trial Period Conduct which demonstrates that the employee has made an adequate adjustment to the requirements of the work situation and has the necessary skills and abilities to carry out effectively the duties of the position. 5.6 Reviewing Official The immediate supervisor of the unit head. 6.0 Procedures 6.1 Duration of Trial Periods Employees in the United States The trial period for Foreign Service employees in the United States ends six (6) months from the date of their initial appointment Employees Overseas The trial period for overseas employees extends from the date of their initial appointment to completion of six (6) months at Post, except that in no case will the trial period exceed nine (9) months from the date of the initial appointment. 6.2 Notification of Trial Period Status The Director of Personnel Management (M/PM) shall ensure that each individual offered a Foreign Service appointment of more than one (1) year is informed in writing that he or she will be subject to a trial period and the duration of that trial period. 6.3 Certification for Retention The Office of Personnel Management (M/PM) will provide the immediate supervisor Peace Corps Form PC 1576, Trial Period Certification Report (see Attachment A) 60 days prior to the expiration of the employee's trial period. The supervisor completes the form and allows the employee to review and comment on its contents. The supervisor then forwards the form and any employee comments to the office director for review. The completed form is returned to the Director of Personnel Management no later than fifteen (15) days-- thirty (30) days for overseas employees-- prior to the expiration of the employee's trial period

39 Should the immediate supervisor determine at any time during the trial period that the employee should be terminated for pre-employment conduct, performance, or conduct while in the position, he or she will initiate the termination process in accordance with the procedures set forth in Paragraphs 6.4. Termination Due to Performance Unsatisfactory Performance Substantial failures by an employee to meet any performance standard will be brought to the employee' s attention as soon as they occur or are noticed. An employee notified of deficiencies will be counseled and offered available assistance (including training, if appropriate) to help the employee achieve satisfactory performance Advance Notice When a supervisor determines that an employee's performance is not satisfactory, the employee will be notified in writing (with a copy to Personnel Management) of the specific areas of performance which are less than satisfactory. That notice will allow the employee thirty (30) calendar days to improve and will inform him or her how to raise the performance to a satisfactory level which would warrant retention. If the employee does not improve, the supervisor will issue a termination notice (with a copy to Personnel Management) stating specifically and in detail the reasons the employee is being terminated. The employee must be given fifteen (15) calendar days notice of a termination. The employee will be informed of his or her right to request review of the decision at the next higher level of management and of the right to be accompanied, represented, and/or advised by a representative of his or her choice in meeting with that official or designee Reviewing Official The reviewing official will meet with the employee, at the employee's request, prior to termination to allow the employee an opportunity to present reasons why the termination should not be effected. The reviewing official will, after considering information provided by the employee, issue a written decision. This will be the final decision of the Agency and it may not be further appealed or grieved within the Agency Final Decision A final decision to terminate will provide for a notice period of fifteen (15) calendar days or the remainder of the trial period, whichever time period is less. 6.5 Termination Due to Pre-Employment Conduct Employee Notification In cases involving pre-employment conduct, the supervisor will inform the employee in writing of the specific details of the pre-employment conduct which is considered to warrant termination. The employee will be given fifteen (15) calendar days to reply orally and in writing to the supervisor's letter. The reply will be made to a deciding official, who will be at the next higher level of management. The employee will be informed of his or her right to be accompanied by a representative of his or her choice when making an oral reply. The deciding official will consider all the facts in the case and the employee's reply before issuing a decision

40 6.5.2 Reviewing Official The reviewing official or designee will meet with the employee, at the employee's request, prior to termination to allow the employee an opportunity to present reasons why the termination should not be effected. The employee may be accompanied, represented, and/or advised by a representative of his or her choice in meeting with the reviewing official or designee. The reviewing official will, after considering information provided by the employee, issue a written decision. This will be the final decision of the Agency and may not be further appealed or grieved Final Decision A final decision to terminate will provide for a notice period of fifteen (15) calendar days or the remainder of the trial period, whichever is less. 7.0 Effective date This Manual Section shall take effect on the date of issuance

41 MS 614: Personnel Security Program Date: 4/18/91 Office: M/Security Supersedes: 10/25/88 Table of Contents Table of Contents 1.0 Purpose 2.0 Policy 3.0 Position Sensitivity Designation Process 4.0 Personnel Investigation Process 4.1 Initiating the Clearance Process Critical Sensitive Position Non-critical Sensitive Position Non-sensitive Position 4.2 Other Investigations Foreign Service Nationals Foreign National Spouse U.S. Citizen Hired Abroad 4.3 Exemptions from Investigation Requirements 4.4 Waivers of Pre-appointment Investigative Requirement Director's Staff and Country Director Positions all Other Critical Sensitive Positions 4.5 Departure for Overseas Assignment Foreign National Spouse 4.6 Investigation after Appointment Position Upgrade Previously Exempt Periodic Reinvestigation 4.7 Loyalty Issues 5.0 Standards Used to Adjudicate Clearances 5.1 Security 5.2 Access 5.3 Suitability 6.0 Adjudication Process 6.1 Favorable Decision 6.2 Potentially Unfavorable Decision

42 6.3 Final Decision 7.0 Accreditation of Access Clearance 7.1 Positions Outside the United States 7.2 Facilities Access 7.3 Other Access 8.0 Training and Assistance 8.1 Classified Information 8.2 Security Awareness 8.3 Personal Safeguards 9.0 Security Files and Records 10.0 Authorities 10.1 Peace Corps Act, Section 22,(22 usc 2519) 10.2 Executive Order as amended 10.3 Executive Order as amended 10.4 Office of Management and Budget Circular A Peace Corps Manual Sections 11.0 Definitions 11.1 Personnel Security Investigation National Agency Check National Agency Check and Inquiries Background Investigation Periodic Reinvestigation Spot Check 11.2 Clearance Security Clearance Access Clearance Suitability Clearance 11.3 Position Sensitivity 12.0 Effective Date Critical Sensitive Positions Non-critical Sensitive Positions Non-sensitive Positions 1.0 Purpose This Manual Section prescribes the procedures and requirements for the Peace Corps' Personnel Security Program. Some of the procedures in this Manual Section are in conjunction with MS 833, Classified Information. 2.0 Policy It is the policy of the Peace Corps that all positions in the Agency will be reviewed, when newly established or changed significantly, and designated as to degree of sensitivity. An investigation of

43 applicants and incumbents to specific positions will be conducted and the results will be adjudicated against published standards. When more candidates are considered than there are positions to be filled, an investigation may be conducted of each candidate and used as part of a selection process. A Spot Check will suffice for nonsensitive and non-critical sensitive positions, and a pre-employment background investigation will be used for critical sensitive positions. The process of investigation and adjudication will be conducted in a manner that will protect the individual's rights, including the right to privacy and due process, while adhering to the primary purpose of the Personnel Security Program to protect the national interest and the mission of the Peace Corps. 3.0 Position Sensitivity Designation Process The Personnel Security Office will propose sensitivity level designations for all existing, new, and significantly changed positions to the program manager responsible for the position for concurrence. The Personnel Security Office will periodically provide each program manager and the Director of the Office of Personnel Management (M/PM) with a position sensitivity listing. The position sensitivity listing will be used to determine the level of investigation necessary for each position applicant and incumbent. 4.0 Personnel Investigation Process The applicant or incumbent of each position in the Peace Corps is subject to investigation. For purposes of this section, this may include experts, consultants, personal service contractors and contractor employees. The type of investigation conducted will be commensurate with the level of sensitivity of the position. NOTE: Each applicant or candidate for a position that requires investigation and clearance must be notified of this requirement as a condition of employment or contract with the Peace Corps. 4.1 Initiating the Clearance Process Once an applicant, candidate or incumbent has been identified, certain personal history and security documents must be obtained from the individual and provided to the Personnel Security Office Critical Sensitive Position Requires one copy of Questionnaire for Sensitive Positions (SF-86) and two copies of Fingerprint Chart (SF-87) (contractors and Volunteers use Fingerprint Chart for Contractors FD 258 instead of SF-87 for fingerprints). These documents will be obtained by the Personnel Office and submitted to the Personnel Security Office at least 30 days prior to the intended incumbency date. If the time limits cited above cannot be met, refer to section 4.4. below for waiver of the pre-appointment investigation requirement Non-critical Sensitive Position Requires one copy of the SF-86, one copy of Application for Federal Employment (SF-171), and two copies of SF- 87 (or FD 258). See note below Non-sensitive Position Requires one copy of Questionnaire for Non- sensitive Positions (SF-85), one copy of SF-171 and two copies of SF-87 (or FD 258). See note below

44 NOTE: Documents for appointment to non-critical sensitive or nonsensitive positions must be obtained on or before the incumbency date and the investigation must be initiated no later than 14 days after the incumbency date. Appointees will not be issued a Peace Corps' Identification Card until appropriate documents are completed and submitted to the personnel office. An individual who has satisfactorily completed the investigation process at one Agency may be subject to reinvestigation upon transfer to another Agency at the discretion of the gaining Agency. If the previous investigation is compatible with the requirements of the new position, and was conducted within the past 60 months, and there has been no significant break in service, a new investigation may not be required. Returned Peace Corps Volunteers (RPCVs) entering non-sensitive positions may fall into the above category. The Personnel Security Office will determine the applicability of this paragraph to persons meeting the above conditions. Sensitivity Level Forms Required Investigation Initiated SF85 SF86 SF87 SF171 Critical X X X 30 Days Before EOD Non Critical X X X Within 14 Days After EOD Non Sensitive X X X Within 14 Days After EOD 4.2 Other Investigations Foreign Service Nationals For positions to be filled overseas by foreign nationals, Optional Form 174 (a Department of State form available at U.S. Embassies) must be completed and submitted to the Regional Security Officer at the local U.S. Embassy for investigation and employment certification. Refer to MS 691, Guidelines for Employment of Foreign Service Nationals by Direct Hire and Detail Foreign National Spouse Investigation of a foreign national spouse or intended spouse of a Peace Corps Volunteer or U.S. citizen employee overseas requires use of Optional Form 174, available at a U.S. Embassy. Refer to MS 205 for Volunteers and refer to MS 642 for staff U.S. Citizen Hired Abroad All U.S. citizens hired abroad (other than contract employees) are in the critical sensitive position category and require the documents listed for that category in the chart above. Refer to MS 693, Employment of U.S. Citizens Abroad. 4.3 Exemptions from Investigation Requirements Executive Order provides that temporary employees in non-sensitive positions who serve less than 120 cumulative (not necessarily consecutive) days do not require a personnel security investigation if preemployment screening has been conducted. When a temporary employee becomes permanent, fills a higher sensitivity position, or serves more than 120 days in a position, the investigation requirements of Executive Order must be met

45 4.4 Waivers of Pre-appointment Investigative Requirement Executive Order provides that in the event of a national emergency and a finding that filling a critical sensitive position prior to completion of the required investigation is in the national interest, a waiver of the pre-appointment investigation requirement may be granted provided that the investigation is initiated no later than the date of incumbency. Executive Order requires a waiver be included in Agency records. A copy of every waiver granted will be forwarded to the Personnel Security Office Director's Staff and Country Director Positions Waivers for Country Director positions and critical sensitive positions on the Director's staff, Associate Director and Regional Director positions, may be granted only by the Director. This authority may not be delegated All Other Critical Sensitive Positions Waiver of the pre- appointment investigation requirement for all other critical sensitive positions may be granted by the Associate Director having responsibility for the position, or by the Chief of Staff for less than Country Director overseas positions. 4.5 Departure for Overseas Assignment All staff personnel departing for overseas assignment must be cleared through the Personnel Security Process prior to departure. If the clearance process has not been completed, waivers to depart must be obtained from the Peace Corps Director for Country Director positions or from the Chief of Staff for all other overseas positions. Waivers are initiated by the Regional Director, submitted to the Chief of Staff or Director for approval and forwarded to the Personnel Security Office for implementation Foreign National Spouse The appropriate Regional Director may grant a waiver for an alien spouse to join a Country Director or staff member at an overseas Post prior to completion of the required investigation. 4.6 Investigation after Appointment Certain conditions may require a personnel security investigation of an employee after the initial appointment Position Upgrade If a person moves from a lower to a higher position sensitivity level because the position has been redesignated or because of a promotion or reassignment, he or she may be subject to a higher clearance standard. The Personnel Security Office will notify such persons and assist in obtaining the proper documents for timely investigation

46 4.6.2 Previously Exempt Employees who no longer qualify for exemption because the appointment has been extended or has been converted (temporary to permanent), are subject to investigation. The Personnel Office or Security Office will notify such persons and assist in obtaining the proper documents for timely investigation Periodic Reinvestigation The incumbent in critical sensitive positions are subject to reinvestigation on a 5-year cycle based on the anniversary date of the original investigation. 4.7 Loyalty Issues Section 22 of the Peace Corps Act and Executive Order require the Agency to refer any information that raises questions of loyalty to the United States which arises during or after an investigation to the Federal Bureau of Investigation (FBI). The results of the FBI investigation will be provided to the Agency for disposition in accordance with the provisions in Title 5, U.S. Code, section 7532, and Subchapter 5, Chapter 732 of the Federal Personnel Manual (FPM). 5.0 Standards Used to Adjudicate Clearances 5.1 Security The standards contained in Executive Order will be used to adjudicate positions under the national security criteria. These standards include: Any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy; Any deliberate misrepresentations, falsifications, or omissions of material facts in the Security Questionnaire, personnel security interview, or employment application; Any criminal, infamous, dishonest, immoral or notoriously disgraceful conduct, habitual use of intoxicants to excess, drug addiction, or sexual perversion; Any illness, including any mental condition of a nature which, in the opinion of competent medical authority, may cause significant defect in the judgment or reliability of the employee, with due regard to the transient or continuing effect of the illness and the medical findings in such case; Any facts which furnish reason to believe that the individual may be subjected to coercion, influence, or pressure which may cause him or her to act contrary to the best interests of the national security Commission of any act of sabotage, espionage, treason, or sedition, or attempts of threat or preparation thereof, or conspiring with, or aiding or abetting another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition; Establishing or continuing a sympathetic association with a saboteur, spy, traitor, seditionist, anarchist, or revolutionist, or with an espionage or other secret agent or representative of a foreign nation whose interest may be inimical to the interests of the United States or with any person who advocates the use of violence to overthrow the government of the United States or the alteration of the form of government of the United States, by unconstitutional means; Advocacy of use of force or violence to overthrow the government of the United States or the alteration of the form of government of the United States by unconstitutional means; Knowing membership with specific intent of furthering the aims of, or adherence to and active participation in, any foreign or domestic organization, association, movement, group, or combinations of persons (hereinafter referred to as organizations) which unlawfully advocates or practices the commission of acts of force or violence to prevent others from exercising their rights

47 under the Constitution or laws of the United States or of any State, or which seeks to overthrow the Government of the United States or any State or subdivision thereof by unlawful means; Intentional, unauthorized, disclosure to any person of security information, or of other information disclosure of which is prohibited by law, or willful violation or disregard of security regulations; Performing or attempting to perform duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States; or Refusal by the individual, upon the ground of constitutional privilege against self-incrimination, to testify before a congressional committee regarding charges of alleged disloyalty or other misconduct. 5.2 Access The standards contained in Executive Order will be used to adjudicate positions under the access to classified information criteria. This standard includes the determination of need and trustworthiness. 5.3 Suitability The standards contained in Subchapter 3 of Federal Personnel Manual (FPM) Chapter 731 will be used to adjudicate positions under suitability for employment by the Peace Corps. These standards include: Delinquency or misconduct in prior employment; Criminal, dishonest, infamous, or notoriously disgraceful conduct; Intentional false statement or deception or fraud in examination or appointment of a material fact; Habitual use of intoxicating beverages to excess; Abuse of narcotics, drugs, or other controlled substances; Reasonable doubt of loyalty to the United States; or Statutory disqualification. 6.0 Adjudication Process 6.1 Favorable Decision The Personnel Security Office will review the data from a completed investigation and will apply the standards cited in paragraph 5.1 herein. If a favorable decision is clearly warranted, the Personnel Office, appropriate program manager and U.S. Embassy Regional Security Officer for overseas staff will be notified in writing. 6.2 Potentially Unfavorable Decision If the data in the completed investigation indicates the subject may not meet the standards, the Personnel Security Office will analyze the data, and the standard(s) not met, and will present the information to the subject of the investigation, orally or in writing, or both. The subject will be given an opportunity to be represented by a person of his or her choice, at his or her own cost, and an opportunity to refute, explain, or mitigate the information presented. A reasonable time limit may be imposed on the period allowed for response. The Personnel Security Office will consider the investigative data, the subject's response, if any, and the special considerations outlined in Subchapter 4, Federal Personnel Manual (FPM) Chapter 731, and make a recommendation to appropriate Agency officials, including the General Counsel (D/GC) if loyalty or legal issues are present. Issues of suitability and qualification for employment in the Peace Corps will be presented to the Personnel Office for decision

48 6.3 Final Decision The final decision will be provided in writing to the subject and the appropriate program manager, with a notice of any appeal rights. 7.0 Accreditation of Access Clearance The Personnel Security Office has the responsibility for "accrediting" Peace Corps employees when access clearance certification is required. 7.1 Positions Outside the United States The Personnel Security Office will notify the appropriate U.S. Embassy Regional Security Officer (RSO) of access clearance. Clearance notification to the RSO is required for unescorted access to the Embassy and access to Department of State controlled classified information. 7.2 Facilities Access Many government facilities restrict access within the facility. Peace Corps employees requiring access to other Agency facilities that impose restriction on access should notify the Personnel Security Office for accreditation. 7.3 Other Access Some agencies may require accreditation of an employee prior to attendance at meetings, seminars, or briefings that are classified. The Personnel Security Office should be notified by the employee or Agency requiring such clearance. 8.0 Training and Assistance The Personnel Security Staff provides individual and group training and assistance to domestic and overseas staff in matters of personal, document and information safeguards, and in security awareness matters. 8.1 Classified Information All persons who have access to national security classified information must receive periodic training on the proper receipt, handling, storage, dissemination, and destruction of such material. The Personnel Security Office will provide this training. Training for domestic staff will be conducted as soon as possible after an individual has received notice of access clearance approval. Training for overseas staff will be provided during regularly scheduled overseas staff development programs. Staff hired overseas should request the U.S. Embassy Regional Security Officer to provide classified document handling training. 8.2 Security Awareness National Security Decision Directive 197 (NSDD 197) requires all Executive branch agencies to provide a security awareness briefing to alert employees to any hostile intelligence threat, especially those agencies involved with war plans, foreign affairs, and counterintelligence. The Personnel Security Office will provide a security awareness briefing for Agency employees with primary focus on overseas staff. NSDD 197 also requires every employee who has contact with certain country citizens to report such contact

49 Domestic employees will report such contact to the Peace Corps Personnel Security Office. Overseas staff will report such contact to the U.S. Embassy Regional Security Officer. The "criteria countries" will be identified during awareness briefings. 8.3 Personal Safeguards Travel in foreign countries and the nature of assignments outside the United States pose concern for the personal safety of Peace Corps staff in host country assignments. In cooperation with the Department of State's Bureau of Diplomatic Security, briefing, training and exercises will be conducted to acquaint overseas staff members with those physical locations (e.g., markets, beaches, public transportation depots, etc.) and types of conduct by others that might present a threat to personal safety. Matters pertaining to fire and vehicle safety, health, theft of personal or government property, waste, fraud or abuse, should be be referred to such offices in Peace Corps that are assigned responsibility under the functional statements in the Peace Corps Manual. 9.0 Security Files and Records Investigative information contained in the security files is protected against unauthorized disclosure. Information in the files will only be released under the Provisions of the Privacy Act of 1974 (5 USC 552a) and generally include releases: to another government Agency conducting an investigation that is authorized and compatible with the authority under which the information was originally collected; to another authorized Agency conducting a criminal investigation; under a court order; to the Information Security Oversight Office or Office of Personnel Management as part of a required program oversight function; to Peace Corps officials with a need to know; or to the subject of the investigation Authorities 10.1 Peace Corps Act, Section 22,(22 USC 2519), Peace Corps Act, Section 22,(22 USC 2519), states that, All persons employed or assigned to duties under this Act shall be investigated to insure that the employment or assignment is consistent with the national interest in accordance with standards and procedures established by the President. If an investigation made pursuant to this section develops any data reflecting that the person who is the subject of the investigation is of questionable loyalty or is a questionable security risk, the investigating Agency shall refer the matter to the Federal Bureau of Investigation for the conduct of a full field investigation. The results of that full field investigation shall be furnished to the initial investigating Agency and to the Agency by which the subject person is employed for information and appropriate action. Volunteers shall be deemed employees of the United States government for the purpose of this section Executive Order as amended Executive Order as amended, and Civil Service Commission Chairman Macy's letter to all Agency heads dated November 18, 1965, established the basic procedures to be followed in conducting "Security of Government Employees" investigations and the standards under which they will be adjudicated. These procedures are published in Federal Personnel Manual (FPM), Chapters 732 and

50 10.3 Executive Order as amended Executive Order as amended, establishes procedures and standards to be used in order to grant access to national security classified information Office of Management and Budget Circular A-130 Office of Management and Budget Circular A-130 of December 12, 1985, provides security and investigation requirements for employee and contractor access to Federal Automated Information Systems Peace Corps Manual Sections Peace Corps Manual Sections, MS 833, Classified Information ; MS 205, Volunteer Marriage ; MS 642, Service of Overseas Staff ; MS 691, Employment of Foreign Service Nationals ; MS 693, Employment of U.S. Citizens Abroad ; and MS 735, Personnel Service Contracts Overseas ; all contain requirements that affect the Personnel Security Program Definitions 11.1 Personnel Security Investigation Personnel Security Investigation is an inquiry into a person's experience, qualifications, conduct and actions, to be used as a basis to make a determination about a person's loyalty, suitability, and trustworthiness National Agency Check National Agency Check (NAC) is a check of the investigative and identification (name and fingerprint) files of the Federal Bureau of Investigation, the investigative files of the Office of Personnel Management and Defense Investigative Service, and other government agencies as dictated by the subject's personal history National Agency Check and Inquiries National Agency Check and Inquiries (NACI) is a combination of the NAC described above with written inquiries to credit bureaus, law enforcement agencies, employers, educators and references Background Investigation Background Investigation (BI) combines the NAC with personal interviews with employers, educators, neighbors, references, the subject of the investigation, credit bureaus, law enforcement agencies, courts, and other sources of information. The Background Investigation is also sometimes referred to as a "full field" investigation Periodic Reinvestigation Periodic Reinvestigation (PRI) is a reinvestigation of the incumbent of certain designated positions, usually conducted on a 5-year cycle, that shall, as a minimum, consist of a review of the security and personnel files, interview with the subject, check of credit bureau and law enforcement agencies' files, and sufficient investigation to resolve any issues that arise

51 Spot Check Spot Check is a pre-employment qualifications inquiry of an applicant's current or prior employer, references and other sources as dictated by the candidate's history Clearance Clearance is a favorable determination, based on an appropriate investigation, for a specific purpose Security Clearance Security Clearance is a determination (or redetermination) that an individual does not pose a risk or danger to the security or interest of the United States Access Clearance Access Clearance is a determination that an individual has a need or continuing need to access national security classified information at specific levels (Confidential, Secret, or Top Secret) and is deemed trustworthy for that purpose Suitability Clearance Suitability Clearance is a determination that an individual meets the standards of qualification and personal conduct for employment in the Peace Corps. This determination is based on events that occurred at or prior to the date of employment with the Peace Corps and is separate from investigations based on events that occur after the Entry On Duty (EOD) date that are determined under employee conduct considerations Position Sensitivity Position Sensitivity is a designation assigned to a specific position that takes into consideration the degree of adverse or damaging impact the holder of the position could have on the mission of the Peace Corps or the national security Critical Sensitive Positions Critical Sensitive Positions involve duties of major importance to the Agency with primary program responsibilities and have the potential for exceptionally grave impact on national security or Agency mission. This may include: Access to classified information up to and including TOP SECRET information; Development or approval of plans, policies, or programs affecting the overall operations of the Agency, i.e., policy-making or policy- determining positions; Investigative duties or the issuance of personnel security clearances; Fiduciary, public contact, or other duties demanding the highest degree of public trust; or Positions in which the incumbent is responsible for the planning, direction and implementation of a computer security program; the direction, planning and design of a computer system, including the hardware and software; or, accessing a system with the potential of a high risk for causing grave damage or realizing a significant personal gain. Positions at the critical sensitive level require a background investigation and a periodic reinvestigation

52 Non-critical Sensitive Positions Non-critical Sensitive Positions involve duties of considerable importance to the Agency with significant program responsibility and have the potential for moderate to serious impact on national security or the Agency mission. This may include: Access to classified information up to and including SECRET information; Duties that may directly or indirectly adversely affect the overall operations of the Agency; Duties that demand a high degree of confidence and trust; Positions in which the incumbent is responsible for the direction, planning, design, operation, or maintenance of a computer system, but whose work is reviewed by another person, to insure the integrity of the system; or Other positions that involve a degree of access to an automated data processing (ADP) system that creates a significant potential for damage or personal gain but less than that in critical sensitive positions. Positions at the non-critical sensitive level will require, at a minimum, a NACI investigation Non-sensitive Positions Non-sensitive Positions have the potential for limited impact involving the Agency mission. This includes: All positions (including automated data processing (ADP)) not falling into one of the above sensitivity levels; and No access to classified national security information. Positions at the non-sensitive level require a NACI investigation Effective Date This Manual Section shall take effect on the date of issuance

53 MS 620: Peace Corps Merit Selection and Promotion Date: 07/05/95 Office: Human Resource Management Supersedes: MS 620-1/9/84, 11/22/76 MS261-8/4/87 Related Interim Policy Statement: IPS 2-06, Veterans' Preference Related Interim Policy Statement: IPS 3-05, Automated System for Human Resources Management Table of Contents Table of Contents 1.0 Purpose 2.0 Scope 3.0 References 4.0 Definitions 5.0 Policy 5.1 Non-discrimination and Affirmative Action 5.2 Selections to Which Competitive Procedures Will be Applied 5.3 Selections Exempted from Competitive Procedures 5.4 Promotion Based on Qualifications at Anytime 6.0 Responsibilities for Implementation 6.1 Director of Human Resources Management 6.2 Selecting Officials 7.0 Selection of Employees 7.1 Vacancy Announcements Time Limitations Area of Consideration Senior Foreign Service (SFS) Announcements 7.2 Screening of Applications 7.3 Establishing the Selection Roster 7.4 Interviews and Selections Review of Roster, Interviewing and Reference Checking Selection Report Responsibilities of Human Resources Management Reposting of the Vacancy Announcement 7.5 Documentation, Records and Inquiries 8.0 Promotion

54 8.1 Types of Promotions 8.2 Pay Upon Promotion 9.0 Effective Date 1.0 Purpose This Manual Section identifies policies and procedures for processing placement and promotion actions for paid staff following merit selection principles. 2.0 Scope This Manual Section applies to the selection of United States citizens for all Peace Corps positions except: Appointments in the Senior Foreign Service except as provided in sub- paragraph below; Positions designated by an OF-8, "Position Description," as confidential and/or policy-making under the authority of the Peace Corps Director; Country Director positions; Appointments with an expected duration of less than 1 year; Expert Consultant positions authorized by Section 13 of the Peace Corps Act; Participants in student programs; and Attorney positions. 3.0 References 5 U.S.C and Negotiated Agreement between Peace Corps and the Peace Corps Employees' Union. Sections 7(a) and (b) of the Peace Corps Act, as amended. 4.0 Definitions Applicant An individual who has submitted an application and other required supporting documents, if any, in response to a vacancy announcement. Area of Consideration The geographical or organizational area in which the Agency makes a search for eligible candidates in filling a specific vacancy or vacancies through competitive procedures. Basic Qualifications Requirements The designated experience and education specified by a hiring office that an applicant is required to possess to be considered for a vacant position. Career Ladder A series of positions of increasing responsibility in the same organization and line of work through which an employee may progress from the entry level to the full performance level (definition below). The employee is provided developmental goals and may be promoted without competition each time he or she achieves the performance goal at the next higher level. Closing Date The date by which a candidate's application must be postmarked to be accepted by the Office of Human Resources Management to be considered for a vacancy announcement. Confidential/Policy Making Positions Positions that are policy determining or involve a close and confidential working relationship with the head of the Agency or other key appointed officials who are involved in policy making

55 Detail The temporary assignment of an employee to perform the duties of a different position or to perform an unclassified set of duties for a specific period, with the employee returning to regular duties when the temporary assignment is concluded. Full Performance Level The highest grade level of performance that can be achieved in a particular position's career ladder and to which an incumbent employee may be promoted without further competition. Opening Date The earliest date on which applications may be accepted by the Office of Human Resources Management in response to a specific vacancy announcement. Promotion The advancement of an employee to a position with a higher grade level. Qualified Candidates Those applicants whose experience and education meet established basic qualifications requirements requested for the position. Reassignment The movement of a current federal employee from one position to another, at the same grade level, for which he or she qualifies. Reinstatement The hiring of a former federal employee to a position, for which he or she qualifies, that has no higher promotion potential than the position formerly held. Selecting Official The Agency employee who has been delegated the authority to select a candidate for a particular vacant position. (see MS 114, "Delegation of Authority") Selection Roster An alphabetical listing of qualified candidates (definition above) for a vacant position that is submitted to a selecting official (definition above). Vacancy Announcement A document used to publicize vacant positions. Voluntary Application An application from a person residing outside the area of consideration (definition above). 5.0 Policy 5.1 Non-discrimination and Affirmative Action All selections covered by this Manual Section shall be made on the basis of merit. Full consideration will be given to present employees in filling positions to make the best use of their knowledge and skills. All selections shall be made solely on the basis of qualifications and shall be free from discrimination on the basis of: race, color, national origin, marital status, gender, sexual orientation, age, disability, religion, political or union affiliation or non-affiliation, personal favoritism or any other non-merit factor. It is Peace Corps' goal to promote full realization of equal opportunity through a continuing affirmative action program. 5.2 Selections to Which Competitive Procedures Will Be Applied The competitive procedures of this Manual Section shall apply to the following selections, unless otherwise exempted by paragraph 5.3: Appointments to the Foreign Service for more than one year. Promotion to a position at a higher grade or to a position with greater promotion potential than the highest non-temporary position previously held by the employee; and

56 Reassignment to a position at a lower grade if that position has greater promotion potential than the highest position held Selections Exempted from Competitive Procedures Note: See 6.1. and 6.2. for the responsibilities of the Director of Human Resources Management and the selecting official with respect to selections exempted from competitive procedures. Reassignments to a position, regardless of grade, having no higher promotion potential than the employee's current position. A reassignment may be from one Peace Corps position to another or from a comparably graded position in another federal agency for which the applicant previously competed. Reinstatements of former federal employees, including Peace Corps employees, to a position, regardless of grade, having no higher promotion potential than the position that the person formerly held. Re-promotion of an employee to a grade or position from which the employee was removed without personal cause and not at the employee's request. Details made at the discretion of the supervisor in increments of 120 calendar days or less not to exceed one year total, provided the individual(s) selected meet(s) the qualifications for the position. Any action, including a promotion, directed by an individual or agency with authority that supersedes this Manual Section. These include, but are not limited to, actions resulting from resolution of discrimination complaints, court decisions, or arbitration decisions. 5.4 Promotion Based on Qualifications An individual may compete for any position for which he or she is qualified regardless of his or her current grade as long as he or she otherwise meets the basic qualification requirements. 6.0 Responsibilities for Implementation 6.1 Director of Human Resources Management The Director of the Office of Human Resources Management is responsible for the management and implementation of this Manual Section, including but not limited to, the following: Ensuring that all legal and regulatory requirements are met; Ensuring compliance with the policies stated in this Manual Section; Developing and issuing vacancy announcements; Developing recruitment practices, including outreach techniques, to obtain a mix of candidates reflecting the diversity of the population of the United States of America; Screening applicants for minimum qualifications; Establishing selection rosters; Making a salary offer to the selected candidate; Notifying applicants of the status of their applications and, upon request, advising applicants on the reasons why they were determined not to meet basic qualification requirements; Maintaining merit selection records for a period of two years; Providing technical assistance to selecting officials, candidates, applicants, supervisors and employees in fulfilling their responsibilities; Evaluating and amending policies contained in this Manual Section; and Reviewing non-competitive selections made under the provisions of 5.3., above, before an offer of employment is made

57 6.2 Selecting Officials Selecting officials are responsible for: Preparing position descriptions for vacancy announcements; Participating with the Office of Human Resources Management in the timely and efficient recruitment of candidates; Implementing appropriate selection procedures for both competitive and non-competitive selections; Making selections based on merit principles; Interviewing candidates and acting expeditiously on selection rosters by notifying the Office of Human Resources Management of decisions made; Complying with legal requirements prohibiting nepotism and favoritism; Checking and verifying references; and Ensuring that the written selection report, required by Section 7.4. below, is prepared before a job offer is made. 7.0 Employee Section The provisions of this paragraph apply to selections made competitively. 7.1 Vacancy Announcements A complete and accurate vacancy announcement is the starting point in the recruitment and selection of the most qualified applicants for vacant Peace Corps positions. The Office of Human Resources Management will develop, along with the selecting office, an accurate and informative vacancy announcement based on a current classified position description. Each vacancy announcement must include the following information as a minimum: Announcement number; Application procedures; Title, series, grade/class and location (geographic and organizational) of position; Salary range; Opening and closing dates, if applicable; Promotion potential of the position; Description of duties; Required and desired qualifications; and Area of consideration and a statement as to relocation expenses. Vacancy Announcements must also include the following standardized recruitment information: Applicants must be citizens of the United States. Applicants will receive consideration regardless of race; color; national origin; marital status; sex; sexual orientation; age; physical disability; religion; political or union affiliation or non-affiliation; and Applicants cannot have been associated with certain intelligence activities. All applications must be accompanied by a completed form PC- Acceptance of employment with Peace Corps precludes employment by certain intelligence organizations for a specified period of time, determined by the employing agency, after Peace Corps employment ceases

58 7.1.1 Time Limitations Vacancy announcements may either be "time specific" or "open continuous" depending upon the needs of the selecting office and requirements of the vacant position. A time specific vacancy announcement has a definite opening and closing date. Applications submitted pursuant to a time-specific vacancy announcement will be accepted for at least 14 calendar days after the vacancy announcement has been issued, but must be postmarked or delivered no later than the closing date. Additional selections may be made from time specific vacancy announcements within 90 days after the roster has been issued. An open continuous vacancy announcement has no definite opening or closing date. Positions may be considered for open continuous posting if: Position vacancies occur with such frequency that it is more efficient to avoid announcing each vacancy separately; or Recruitment for particular skills is difficult and open continuous posting will aid in attracting applications from applicants with hard-to-find knowledge/skills. The Office of Human Resources Management will review and screen applications for open continuous postings as they are received. Selection rosters will be provided to the selecting office upon request. The Office of Human Resources Management will periodically review each "open continuous" posting to determine the continuing need for the "open continuous" designation Area of Consideration Positions will be open to all current Peace Corps employees. Decisions on the area of consideration for non-peace Corps applicants will be made on a case by case basis based upon the probable availability of applicants with the desired skills in the labor market and other legitimate management considerations. In addition, voluntary applications from outside the area of consideration will be accepted. Peace Corps will pay relocation expenses for positions located within the United States when mandated by Federal travel regulations, the Civilian Personnel Law Manual and 5 USC When applications have been solicited or accepted from outside the defined commuting area only for the purpose of affording employees a chance to compete for a position that provides them with an opportunity to relocate for personal reasons, relocation expenses will not be paid Senior Foreign Service (SFS) Announcements Certain positions classified in the Senior Foreign Service may be recruited competitively. The decision to recruit competitively will in each case be decided by the Peace Corps Director. 7.2 Screening of Applications The Office of Human Resources Management will review all applications to determine whether applicants possess the basic qualifications requirements. This determination will be based on the level and scope of education, previous paid or unpaid work experience, and any other relevant factors

59 7.3 Establishing the Selection Roster The Office of Human Resources Management will develop and certify the selection roster. There is no minimum or maximum number of candidates that can be certified to the selecting official. The selection roster will include the candidates' names and highest salary grade levels for which they qualify. Returned Peace Corps Volunteers who have non-competitive eligibility will be identified, if applicable. 7.4 Interviews and Selections Note: Please refer to Section 6.2. for overall responsibilities of the selecting official Review of Roster, Interviewing and Reference Checking Any candidate listed on the selection roster is eligible for selection. The selecting official or his/her designee is required to review all applications on the roster and to determine which candidates, if any, to interview. The decision of whom to interview is at the discretion of the selecting official but should be guided by the relative qualifications of the candidates when compared to the requirements of the position in question. When an in-person interview is not possible, a telephone interview is acceptable. The selecting official is responsible for checking an applicant's references Selection Report Upon making a selection, the selecting office will return the selection roster to the Office of Human Resources Management along with a brief selection report containing the following information: screening process; which candidates were interviewed; which candidate was selected for the position; the reasons for the selection; a recommended starting date; and a recommended salary (if not a current federal employee). other information that may be required by the Office of Human Resources Management Responsibilities of Human Resources Management The Office of Human Resources Management will review selection reports to ensure compliance with all personnel policies and procedures prior to determining a starting date and making a salary offer to the selected candidate. Once a selection has been made, the selection roster will be considered closed. However, that office or any office with a comparable vacancy may choose to make additional selections from this selection roster within 90 calendar days of its issuance. The Office of Human Resources Management shall ensure that all qualified candidates are notified of the final selection Reposting of the Vacancy Announcement Positions for which no selection was made may be re-posted upon request. HRM will require the selecting official to document the reason for the request for re-posting. If a vacancy is re-posted, candidates who applied to the original announcement will be considered along

60 with those applying to the re-posted announcement. Such correspondence between the selecting official and the Office of Human Resources Management shall be made part of the merit selection file. 7.5 Documentation, Records and Inquiries A record sufficient to recreate the critical events and decisions of each recruitment action shall be kept by the Office of Human Resources Management for a period of two years from the selection date. Each record must include: A written selection report from the selecting official; A copy of the vacancy announcement; All applications and resumes submitted; A copy of the selection roster; and A copy of the position description. Inquiries regarding the application of the policies contained in this Manual Section should be addressed to the selecting official or the Director of HRM. If the explanation given does not satisfy the matter of concern or answer the question raised, an employee may seek to resolve the matter through the exercise of either the Agency or the negotiated grievance procedure where appropriate. Failure to be selected for a position from a properly certified selection roster is not a basis for a grievance. 8.0 Promotion 8.1 Types of Promotion Career Ladder The range of a career ladder for a position is stated in the vacancy announcement. To be eligible for the promotion, an employee must meet the qualifications for the higher grade and be performing at that grade level. A career ladder promotion is a promotion made without competition provided the employee was previously competitively selected for a career ladder position. In no case does promotion automatically follow completion of an established waiting period. Promotion Through Reclassification If an existing position is reclassified to a higher grade due to a determination that the position has been assigned additional duties and responsibilities, the incumbent employee may be non-competitively promoted to the grade provided the employee meets the minimum education and/or experience requirements for the position as reclassified. Competitive Promotion An employee may compete and be selected at any time for a vacant Peace Corps position that is at a higher grade than the employee currently holds as long as the employee fully meets the minimum basic qualification requirements for that position. 8.2 Pay Upon Promotion When a federal employee is promoted he or she is entitled to either the minimum pay for the new grade or to a pay increase nearest to but not less than a two step increase above the employee's former pay, whichever is greater. 9.0 Effective Date This Manual Section shall take effect on the date of issuance

61 MS 622: Within-Class/Grade Salary Increases Date: 2/8/84 Office: M/PM Supersedes: MS 622 of 5/29/73 Table of Contents Attachments Table Of Contents 1.0 Purpose 2.0 Scope 3.0 Background 4.0 Definitions 4.1 Acceptable Level of Competence 4.2 Calendar Week 4.3 Corrective Action 4.4 Creditable Service 4.5 Critical Element 4.6 Equivalent Increase 4.7 Maximum Rate 4.8 Meritorious Increase (Foreign Service) 4.9 Periodic Step Increase 4.10 Quality Increase (Competitive Service) 4.11 Rate of Basic Pay 4.12 Waiting Period 4.13 Within-Class/Grade Increase 5.0 Policy 5.1 General 5.2 Periodic Step Increases Entitlement to Periodic Step Increase Length of Waiting Periods Foreign Service Competitive Service Non-full-time Employees Commencement of a Waiting Period Increases not Considered Equivalent Increases

62 LWOP Status for GS Employees Communication of Performance Requirements Acceptable Level of Competence Determinations Responsibility Performance Period Certification Affirmative Determination Negative Determination Reconsideration of a Negative Determination Request for Reconsideration Reconsideration File Employee Review Time Limitations Representation Appeal Rights Continuing Evaluation Effective Date for Periodic Step Increase Initial Affirmative Determination Affirmative Determination After a Negative Determination 5.3 Meritorious/quality Step Increases Criteria Meritorious/Quality Increases vs. Incentive Awards Procedures Submission Documentation Review and Authorization Effective Date for Quality Increases 6.0 Effective Date Reports and Publicity Attachments Attachment A Attachment B PC Form 1553, Certification for Periodic Step Increase PC Form 1554, Recommendation for Meritorious/Quality Step Increase 1.0 Purpose This Manual Section establishes criteria and procedures governing the administration of periodic salary step increases and meritorious/quality step increases for Peace Corps employees

63 2.0 Scope The provisions of this Manual Section apply to full-time and part-time employees, except the following: Employees appointed by the President with the advice and consent of the Senate. Senior Foreign Service employees (FE). Foreign Service National employees (FSN). Merit Pay employees (GM). Experts/consultants, student aides (unless later converted to part- time employees), and interns. 3.0 Background Foreign Service Act of 1980, Section 406. Section 7(a) (2) of the Peace Corps Act, as amended. Federal Personnel Manual, Chapter 531. Title 5, Code of Federal Regulations, Part 531. Title 5, United States Code, Section Definitions 4.1 Acceptable Level of Competence A level of performance identified by the supervisor at which the performance by an employee of the duties and responsibilities of his or her assigned position is satisfactory, as defined in the performance appraisal plan and, in addition to the requirements of paragraph of this Manual Section, warrants advancement of the employee's rate of basic pay to the next higher step of the grade of his or her position. An employee whose current performance with respect to any critical element is unsatisfactory, as defined in Manual Section 626, is not performing at an acceptable level of competence. Further, absent unusual circumstances, an employee whose overall Performance during the waiting period is at the minimum level required for retention in the position but below a fully satisfactory level is not performing at an acceptable level of competence. 4.2 Calendar Week A period of any seven consecutive calendar days. 4.3 Corrective Action Retroactive action taken to correct a periodic step increase which was delayed beyond its proper effective date solely by administrative error, delay or oversight. Similarly, retroactive action taken when a periodic step increase is granted after a favorable reconsideration of the determination. 4.4 Creditable Service Periods of civilian and/or military service as prescribed under specific statutory or regulatory authority creditable towards a waiting period for within-grade increases

64 4.5 Critical Element A component of an employee's job that is of sufficient importance that performance below the minimum standard requires remedial action and may be the basis for removing or reducing the grade level of that employee. Such action may be taken without regard to performance on other components of the job. 4.6 Equivalent Increase An increase or increases in the employee's rate of basic pay equal to or greater than the difference between the rate of pay for the class/grade and step occupied by the employee during the waiting period and the rate of pay for the next higher step of that class/grade. This increase may result from a grade promotion, a periodic step increase, or a change in pay systems. A meritorious/quality step increase is not considered an equivalent increase. 4.7 Maximum Rate The top rate for the grade or class of the position. 4.8 Meritorious Increase (Foreign Service) An additional within-class step increase in recognition of high-quality performance above that ordinarily found in the type of position concerned. 4.9 Periodic Step Increase A regularly-scheduled step increase in an employee's rate of basic pay upon meeting the length of service and Performance rating requirements of applicable provisions in paragraphs 5.2.1, 2, and 3 of this Manual Section Quality Increase (Competitive Service) An additional within-grade step increase in recognition of high-quality performance above that ordinarily found in the type of position concerned Rate of Basic Pay The rate of pay fixed by law or administrative action for the position held by an employee before any deductions and exclusive of additional pay of any kind Waiting Period The minimum time of creditable service required to become eligible for consideration for a periodic step increase Within-Class/Grade Increase Either a periodic step increase or a meritorious/quality step increase

65 5.0 Policy 5.1 General The program for granting within class/grade salary increases to employees is designed to motivate employees to work up to the maximum of their capabilities. Each supervisor has a basic responsibility for ensuring that the employees under his or her direction have a full understanding of their duties and responsibilities and are informed in writing as to what constitutes the levels of performance required in order to receive a periodic step increase and a meritorious/quality step increase. Through continuing evaluation, assistance, and direction, supervisors endeavor to develop employees' potential in the positions to which they are assigned. Supervisors shall ensure that periodic step increases are not awarded on an automatic basis; if an employee's work is not of an acceptable level of competence at the end of the prescribed waiting period, the periodic step increase is withheld until the employee's performance reaches an acceptable level of competence. Supervisors shall likewise ensure that meritorious/quality step increases are granted for performance which clearly merits such an increase. 5.2 Periodic Step Increases Entitlement to Periodic Step Increase An employee paid at less than the top step of his or her class/grade shall be advanced to the next higher step of that class/grade upon meeting the three following requirements: The employee must have completed the required waiting period; The employee must not have received an equivalent increase during the waiting period; and The employee's performance must be at an acceptable level of competence, as determined by the employee's supervisor and reviewing official Length of Waiting Periods Foreign Service For FP employees with scheduled tours of duty, the waiting periods are: prearranged regularly For Advancement To Within-class steps 2 through 10 Within-class steps 11 through 14 The Waiting Period Is 52 Calendar Weeks 104 Calendar Weeks Competitive Service For GS employees with prearranged regularly scheduled tours of duty, the waiting periods are: For Advancement To Within-grade Step Rates 2, 3, or 4 Within-grade Step Rates 5, 6, or 7 Within-grade Step Rates 8, 9, or 10 The Waiting Period Is 52 Calendar Weeks 104 Calendar Weeks 156 Calendar Weeks Non-full-time Employees

66 A non-full-time FP employee without a prearranged regularly scheduled tour of duty is given one day' s credit towards the waiting period for each day in a pay status. The waiting periods are as follow: For Advancement To Within-class Steps 2 through 10 Within-class Steps 11 through 14 The Waiting Period Is 260 days of creditable service in a pay status over a period of not less than 52 calendar weeks. 520 days of creditable service in a pay status over a period of not less than 104 calendar weeks Commencement of a Waiting Period A waiting period begins: On the first appointment as an employee of the Federal Government; On receiving an equivalent increase; or After a period of nonpay status or a break in service (alone or in combination) in excess of 52 calendar weeks, unless the nonpay status or break in service is creditable service, e.g., all leavewithout-pay (LWOP) in the Foreign Service Increases Not Considered Equivalent Increases An increase in an employee's rate of basic pay shall not be considered an equivalent increase when it results from the following: A statutory pay adjustment; A meritorious/quality step increase; or A temporary promotion LWOP Status for GS Employees Time in a nonpay status is creditable service in the computation of a waiting period for a GS employee with a scheduled tour of duty when it does not exceed an aggregate of: Two workweeks in the waiting period for steps 2, 3, and 4; Four workweeks in the waiting period for steps 5, 6, and 7; and Six workweeks in the waiting period for steps 8, 9, and Communication of Performance Requirements Employees covered by PCMS 626, "Peace Corps Performance Appraisal System", shall be informed by their supervisors of the specific performance requirements that constitute an acceptable level of competence within the time frame and according to the provisions of PCMS 626. Other employees covered by this Manual Section but not covered by PCMS 626, ie., "temporary" employees in appointments of less than one year, shall be informed, within a reasonable time after initial appointment or change in position, of the specific standards for performance required for a within class step increase Acceptable Level of Competence Determinations Responsibility

67 Supervisors and reviewing officials shall determine which employees are performing at an acceptable level of competence Performance Period An acceptable level of competence determination shall be based on an employee's performance of the duties and responsibilities of his or her assigned position during the waiting Period except when: An employee has not been informed of the specific requirements for performance at an acceptable level of competence at least 30 days before the end of a waiting period; or An employee is reduced in grade, because of unacceptable performance, to a position in which he or she is or will become eligible for consideration within 60 days for a within-grade increase. Under these circumstances, the employee shall be advised that his or her determination is Postponed and informed of the specific requirements for performance at an acceptable level of competence. The determination shall be based on a period of ninety (90) days during which the employee has had a reasonable opportunity to demonstrate performance at an acceptable level of competence. If the employee is performing at an acceptable level of competence during the period or at the end of the period, the withingrade increase will be retroactive to the original due date. If a determination is made that the employee is not performing at an acceptable level of competence, the procedures for withholding a periodic step increase shall be followed. (See paragraph ) Certification Peace Corps Form PC-1553, Certification for Within-Class/Grade Increase, will be issued to the supervisor by the Office of Personnel Management ninety (90) days in advance of completion of the employee's waiting period. (See Attachment A) Affirmative Determination If the first line supervisor determines that the employee's performance is of an acceptable level of competence, he or she will sign the Certification for Within-Class/Grade Increase in the affirmative (part A) and forward the certificate to the second level supervisor as the reviewing official for approval and signature. The form will then be returned to the Office of Personnel Management at least thirty (30) days in advance of the completion of the waiting period. The employee will be given a copy of the SF-50 effecting the increase Negative Determination If a supervisor determines that an employee's performance is not at an acceptable level of competence, a negative determination shall be communicated to the employee in writing and shall: Set forth the reasons for the determination and the areas in which the employee must improve his or her performance in order to be granted a periodic step increase. Inform the employee of his or her right to request that the appropriately designated Agency official reconsider the determination. Both the certification form, with the supervisor's and reviewing official's signatures on Part B and a copy of the determination notification to the employee will be forwarded to the Office of Personnel Management Reconsideration of a Negative Determination

68 Request for Reconsideration An employee or an employee's personal representative, may request reconsideration of a negative determination by filing a written response to the negative determination setting forth the reasons why the Agency should reconsider the determination. The request must be filed not more than 15 days after receiving the notice of determination. The request will be filed with the appropriate Associate Director or the Peace Corps Deputy Director if the employee's supervisor or reviewing official is an Associate Director or Staff Office Director Reconsideration File When an employee files a request for reconsideration, the Agency will establish an employee reconsideration file which will contain all pertinent documents relating to the negative determination and the request for reconsideration, including copies of the following: The written negative determination and the basis therefore; The employee's written request for reconsideration; The report of investigation when an investigation is made; The written summary or transcript of any personal presentation made; and The Agency's decision on the request for reconsideration. The file shall not contain any document unknown to the employee and the representative nor any summary of the employee's personal presentation to which the employee or his or her representative has not had an opportunity to submit a written exception Employee Review An employee in a duty status shall be granted a reasonable amount of official time to review the material relied upon to support the negative determination and to prepare a response Time Limitations The Agency shall provide the employee with a prompt written final decision, no later than ten (10) calendar days after receipt of the request for reconsideration. The time limit to request a reconsideration may be extended when the employee shows he or she was not notified of the time limit and was not otherwise aware of it, or that the employee was prevented by circumstances beyond his or her control from requesting reconsideration within the time limit Representation The Agency may disallow, as an employee's personal representative, an individual whose activities as a representative would cause a conflict of interest of position, an employee whose release from his or her official duties and responsibilities would give rise to unreasonable costs to the Government, or an employee whose priority work assignment precludes his or her release from official duties and responsibilities. Representation for employees in an exclusive bargaining unit is governed by the negotiated agreement Appeal Rights When a negative determination is sustained after reconsideration, an employee shall be informed in writing of the reasons for the decision and of his or her right to appeal the decision as follows:

69 Employee Status Bargaining unit members with General Schedule or Foreign Service unlimited Bargaining unit members with Foreign Service time- limited appointments Non-bargaining unit members with General Schedule or Foreign Service unlimited appointments Non-bargaining unit members with Foreign Service time-appointments Continuing Evaluation Appealable In accord with the grievance procedure of the negotiated agreement, or to the Merit appointments Systems Protection Board, but not both In accord with the grievance procedure of the negotiated agreement To the Merit Systems Protection Board In accord with PCMS 655, "Administrative Grievance limited Procedures" After a periodic step increase has been withheld, the supervisor may grant the increase at any time after he or she determines that the employee has demonstrated sustained performance at an acceptable level of competence. At a minimum, a determination whether the employee's performance is at an acceptable level of competence shall be made after each 52 calendar weeks following the original due date for the increase Effective Date for Periodic Step Increase Initial Affirmative Determination Except as provided in paragraph of this Manual Section, a within-grade increase shall be effective on the first day of the first pay period following completion of the required waiting period and in compliance with the conditions of eligibility Affirmative Determination After a Negative Determination When an acceptable level of competence is achieved at some time after a negative determination, the effective date is the first day of the first pay period after the acceptable level of competence determination has been made. 5.3 Meritorious/Quality Step Increases Criteria To be considered for a meritorious/quality step increase, an employee must: Perform all critical elements of his or her assigned position at a level that substantially exceeds an acceptable level of competence (i.e., exceptional or outstanding) so that, when viewed as a whole, the employee's performance is at a high level of quality; Sustain performance at that level for a period of time sufficient to conclude that such a level is characteristic of his or her performance and is expected to continue in the future; in no case may this period be less than 90 days;

70 Be expected to remain for at least 60 days in the same position, or in a similar position at the same class/grade level; Not have received a meritorious/quality step increase within the preceding 52 calendar weeks; and, Not be at the top step of his or her class/grade Meritorious/Quality Increases Vs. Incentive Awards In addition to the meritorious/quality increase, incentive awards (MS 662) are also available to supervisors for granting monetary or honorary recognition for excellence in performance. In some instances, although the employee will enjoy the benefits of a lump-sum cash award for a shorter length of time, the contribution may be of such a nature that a special achievement or an honorary award is more appropriate than a meritorious/quality increase. A meritorious/quality increase and a cash award may not be granted on the basis of the same performance. Supervisors shall use the Incentive Awards Program under the following circumstances: When the achievements are of a nonrecurring nature; In special work situations of limited duration; or For recognition of group achievement Procedures Submission The immediate supervisor normally originates a proposal for a meritorious/quality increase in conjunction with a completed performance appraisal. The proposal is submitted to the Incentive Awards Committee, via the Incentive Awards Administrator, for authorization Documentation Proposals for meritorious/quality increases shall be submitted on a SF-52 with either the employee's recent performance appraisal, if it is less than 60 days old, or with PC-1554 (see Attachment B). Sufficient detailed documentation must be attached to demonstrate how the employee's performance substantially exceeded the established standards Review and Authorization The Incentive Awards Committee reviews the proposal for its concurrence with established regulations. If the Committee concludes that the proposal concurs with established regulations, the Incentive Awards Administrator will forward it to the appropriate Associate Director or Office Director for approval. If the Associate Director approves the proposal, he or she will forward it to the Personnel Staffing Division (M/PM) for processing. If the Committee concludes that the proposal does not comply with established regulations, it shall return the proposal to the proposing official with an explanation of the reason for non-authorization Effective Date for Quality Increases The quality increase will normally be effective on the first day of the first pay period following the authorization of the increase

71 5.3.5 Reports and Publicity All meritorious/quality step increases will be publicized to Agency employees. Additionally, Peace Corps will.publicly present a certificate to the recipient recognizing his or her accomplishments. 6.0 Effective Date This Manual Section will become effective on the date of issuance

72 MS 625: Premium Pay Date: 11/23/83 Office: M/PM Supersedes: MS 631, 1/14/77 Table of Contents Attachments Table of Contents 1.0 Purpose 2.0 References 3.0 Scope 4.0 Definitions 4.1 Exempt and Non-exempt Employees Exempt Employees Non-exempt Employees 4.2 Administrative Workweek 4.3 Regularly Scheduled Administrative Workweek 4.4 Tour of Duty 4.5 Rate of Basic Pay 4.6 Hourly Rate of Basic Pay 4.7 Regular Hourly Rate of Pay 4.8 Premium Pay Overtime Work Maxiflex Schedule Fixed Compressed Schedules Night Pay Differential Holiday Work Sunday Work 4.9 Compensatory Time Off 4.10 Official Travel 4.11 Official Duty Station 4.12 Intermittent Employee 4.13 Part-time Employee 5.0 Policy 5.1 General Policy 5.2 Overtime Ordering Overtime

73 5.2.2 Authorizing Overtime Recording Overtime Overtime in Offices other than Assigned Office Call-back Overtime Travel Overtime Exempt Employees Non-exempt Employees Additional Provisions Overtime Compensation Determination of Overtime Pay Rate Exempt Employees Non-exempt Employees Conditions for Compensatory Time Exempt Employees Non-exempt Employees Maximum Earnings Limitation for Exempt Employees The Effect of Non-pay Absence on Overtime Computation 5.3 Night Pay Differential 5.4 Holiday Pay 5.5 Sunday Pay 6.0 Effective Date Attachments Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F PC Form 1573, Request and Authorization for Overtime (ms625-af.pdf) PC Form 1574, Report of Overtime Worked (ms625-bf.pdf) Computation of Holiday Pay (ms625-ch.pdf) Computation of Regular Rate Under FLSA Provisions (ms625-dr.pdf) Computation of Overtime for Non-exempt Employees (ms625-en.pdf) Basic Requirements for Granting Compensatory Time to Non-Exempt Employees (ms625-fn.pdf) 1.0 Purpose This Manual Section establishes Peace Corps policy and procedures for authorization of and payment or other compensation for overtime, night, Sunday, or holiday work performed by Peace Corps employees

74 2.0 References Title 5, United States Code, Sections , and (These are applicable to both exempt and non-exempt employees.) Fair Labor Standards Act of 1938, as amended (FLSA), 29 U.S.C., 201- This is applicable to nonexempt employees only. Federal Personnel Manual Chapters 550, 551, 610, and Supplements and Code of Federal Regulations, Title 5, Parts 550 and Scope The provisions of this directive apply to all Peace Corps employees except the Peace Corps Director, Deputy Director, and any official delegated authority to act for the Director, and Foreign Service Nationals (who are subject to the overtime provisions of local compensation plans). 4.0 Definitions 4.1 Exempt and Non-exempt Employees Applying criteria prescribed in the Fair Labor Standards Act (FLSA), the Agency's Office of Personnel Management M/PM determines each employee' s status. This determination of exempt or non-exempt status appears on the personnel action (SF-50) and Earnings and Leave Statement of each employee. Appeals regarding determinations of exempt/non-exempt status may be processed through Peace Corps grievance procedures, either PCMS 655, "Administrative Grievance Procedures" for non-bargaining unit members or the Negotiated Agreement procedure for bargaining unit members, or may be directed to the U.S. Office of Personnel Management. Cases appealed to OPM may not subsequently be processed through the Agency grievance procedures Exempt Employees Exempt employees are employees in certain supervisory, administrative, and professional positions who are not subject to the paid overtime requirement of FLSA. They may, however, be compensated for overtime as required by the provisions of Title 5 and this Manual Section Non-exempt Employees Non-exempt employees are those employees not specifically exempted from the provisions of the FLSA who must be compensated for all overtime work performed. Non-exempt employees are compensated for overtime under the provisions of either Title 5 or FSLA, whichever provides the greater benefit. (See Attachment E for examples of overtime computations under both Title 5 and FLSA.) 4.2 Administrative Workweek The administrative workweek is the period of seven consecutive calendar days beginning with Sunday and ending with Saturday. 4.3 Regularly Scheduled Administrative Workweek The regularly scheduled administrative workweek for full-time and part-time employees is the period within an administrative workweek in which an employee is regularly scheduled to work. Regularly

75 scheduled workweeks may vary considerably based on the alternative work schedules established by the various basic work units within the Agency (see MS 630, "Hours of Duty"). 4.4 Tour of Duty This refers to the hours of a day (a daily tour of duty) and the days of an administrative workweek (a weekly tour of duty) that are scheduled in advance and during which an employee is required to perform work on a regularly recurring basis. 4.5 Rate of Basic Pay This is the rate of pay fixed by law or administrative action for the position held by an employee before any deductions and exclusive of additional pay of any kind. 4.6 Hourly Rate of Basic Pay This is the annual rate of basic pay divided by 2,087 hours. The hourly rate of basic pay is used as the basis for determining the overtime rate for exempt employees. 4.7 Regular Hourly Rate of Pay This rate is computed by first adding up all includable payments made for all hours of actual work performed for the week by a non-exempt employee, and then dividing this total by the total hours of actual work. The regular hourly rate of pay is used as the basis for determining the overtime rate for non-exempt employees. (See Attachment D for the types of payments included and excluded in the computation of an employee's regular hourly rate.) 4.8 Premium Pay Premium pay is additional pay authorized for overtime, night, holiday, and Sunday work Overtime Work Overtime work is that work which is ordered in advance to be performed by an employee in excess of 8 hours in a day or 40 hours in a week and which is outside of that employee's regularly scheduled administrative workweek. Overtime includes both regular overtime work (that which is part of an employee's regularly scheduled administrative workweek) and irregular or occasional overtime work. The determination of whether the work is overtime depends in part on the alternative work schedule of the employee in question (see PCMS 630, "Hours of Duty") Maxiflex Schedule For employees on a maxiflex schedule, overtime is all time in excess of 8 hours in a day, or 80 hours in a pay period, which is officially ordered in advance and outside of the regularly scheduled administrative workweek. (Time worked in excess of the above hours at the election of the employee is credit time, not overtime.) Fixed Compressed Schedules For employees on a fixed compressed schedule, overtime is that time which is officially ordered in advance to be performed outside of the fixed schedule, specifically the following:

76 In excess of 10 hours in a day or 40 hours in a week for those on a fixed four-day workweek; In excess of 13 hours/20 minutes in a day or 40 hours in a week for those on a fixed three-day workweek; or In excess of 9 hours in a day (or 8 hours on the one scheduled 8-hour day) or 80 hours in a pay period for those on a 5-4/9 fixed pay period Night Pay Differential Night pay differential is additional compensation authorized for work between the hours of 6:00 p.m. and 6:00 a.m. when it is part of an employee' s regularly scheduled administrative workweek Holiday Work Holiday work is non-overtime work performed by an employee during a regularly scheduled daily tour of duty on any day designated as a holiday, either in the United States by Federal statute or Executive Order or at an overseas Post by a Peace Corps Country Director in consideration of local customs Sunday Work Sunday work is non-overtime work performed by an employee during a regularly scheduled tour of duty when any part of that daily tour of duty is on a Sunday. 4.9 Compensatory Time Off Compensatory time off is time off granted to an employee from his or her scheduled tour of duty in lieu of payment for an equal amount of time spent in overtime work Official Travel Official travel is travel officially ordered and approved, which is performed by an employee in the course of, or in connection with, the conduct of government business Official Duty Station Official duty station is an employee's designated Post of duty, the limits of which will be the corporate limits of the city or town in which the employee is stationed; but if not stationed in an incorporated city or town, the official duty station is the reservation, station, or established area within which the Post of duty is located Intermittent Employee An intermittent employee is an employee who is employed on less than a full-time basis with no prescheduled tour of duty Part-time Employee A part-time employee is one who is employed with a regular prescheduled tour of duty from 32 to 64 hours in a biweekly pay period

77 5.0 Policy 5.1 General Policy It is Peace Corps policy that employees who are directed to perform work for the Agency's benefit, including official travel and attendance at conferences or training will be compensated for that work as provided by this Manual Section. Supervisors must not authorize or permit work to be performed by nonexempt employees outside of their established work schedules or during the lunch period, unless they intend to Provide payment for the overtime. In addition, it is Peace Corps policy that no overtime work be performed by any non-exempt employee except at the specific direction of that employee's supervisor. A non-exempt employee may not decide on his or her own to per form overtime work even if he or she does not expect to be paid for it. If a manager or supervisor knows, or has reason to believe, that unauthorized overtime work is being performed by a non-exempt employee, he or she must stop it lest the Agency incur an obligation to pay overtime. Managers and supervisors are expected to utilize fully all employees during the basic workweek. Through observance of established work schedules and the effective planning and scheduling of work, the need for overtime work is often eliminated. However, supervisors may require employees to work overtime when necessary. 5.2 Overtime Ordering Overtime Before a supervisor requires an employee to work overtime, he or she should consider the effect of such additional work on the health and efficiency of the employee and any personal circumstances which may cause a hardship for the employee. Employees required to work overtime who must travel between home and office at a late hour or on infrequently scheduled public transportation may take taxis, at Agency expense, so as not to expose themselves to unnecessary safety and health hazards. Managers and supervisors will ensure that all employees within an organizational unit be given the opportunity to participate in overtime work assignments for which they are qualified, and that all overtime is accurately recorded. When overtime is properly ordered, after the supervisor has given due consideration to the personal circumstances of the employee and the exigencies of the Federal government which make overtime necessary, failure of an employee to report and to work during the scheduled overtime period may be a basis for disciplinary action Authorizing Overtime A supervisor requesting authorization for overtime should complete Peace Corps Form 1573 (Attachment A), and submit it to the appropriate authorizing official for approval, before the work is performed. Associate Directors, Heads of Staff Offices, Country Directors and Service Center Directors are authorized, within budget limitations and other restrictions imposed by the Director, to approve requested overtime work for pay or compensatory time off for the employees under their jurisdiction Recording Overtime Ordered and approved overtime worked, either for compensatory time off or paid overtime, shall be recorded on Peace Corps Form 1574, (Attachment B), signed by the authorizing official and provided to the employee's timekeeper for recording on the employee's official Time and Attendance Record. Timekeepers are not authorized to record overtime earned, without the approval of the authorizing official on the proper form

78 Irregular or occasional overtime is credited in increments of tenths of an hour (six minutes). In totaling overtime for the pay period, amounts of 4 minutes or more shall be counted at the next higher tenth of an hour; amounts of 3 minutes or less shall be disregarded. Regularly scheduled overtime should be scheduled by supervisors to equal whole hours in a pay period Overtime in Offices other than Assigned Office Overtime work may be performed for an office by an employee regularly assigned to a different office. However, the requesting official must obtain prior approval from the employee's regular supervisor. It is the responsibility of the receiving office to ensure that the sending office is reimbursed for the overtime worked Call-back Overtime An employee who is ordered to return to his or her official duty station or place of employment for irregular or occasional overtime work is entitled to at least two hours pay at the appropriate overtime rate for each time he or she is called back to duty, even if his or her services are not required for the full two hours Travel Overtime Official travel time will normally be scheduled within the employee's regularly scheduled administrative workweek. However, when situations require that the approving authority direct an employee to travel outside of regularly scheduled hours, overtime pay or compensatory time off (type of compensation depends on status of employee) may be authorized in advance. Within the limitations of this Manual Section, the officials described in paragraph above are authorized to approve overtime in travel status for employees under their jurisdictions. The travel must meet the respective Title 5 or FLSA conditions in order to be considered hours of work and thus payable. If the appropriate conditions are not met, the travel time is not payable and the reasons for requiring the travel must be recorded by the official authorizing the travel Exempt Employees For exempt employees, time in travel status away from the official duty station of an employee is deemed employment only when: It is within his or her regularly scheduled administrative workweek, including regular overtime work; or The travel involves the performance of actual work while traveling, is incident to travel that involves the Performance of work while traveling, is carried out under such arduous and unusual conditions that the travel is inseparable from work, or results from an event which could not be scheduled or control led administratively Non-exempt Employees For non-exempt employees, authorized travel time outside of regular working hours is considered hours of work under the following conditions as specified under FLSA: An employee is required to drive a vehicle or perform other work while traveling;

79 An employee is required to travel as a passenger on a one-day assignment away from the official duty station; or An employee is required to travel as a passenger on an over-night assignment away from the official duty station during hours on nonworkdays that correspond to the employee's regular working hours Additional Provisions The following provisions are also applicable to travel: An employee who travels from home before the regular workday begins and returns home at the end of the workday is engaged in normal "home to work" travel; such travel is not hours of work. When an employee travels directly from home to a temporary duty location outside the limits of his or her official duty station, the time the employee would have spent in normal home to work travel shall be deducted from hours of work. An employee who is offered one mode of transportation and who is permitted and elects to use an alternative mode of transportation, or who travels at a time other than that selected by the Agency, shall be credited with the lesser of: The actual travel time which is hours of work under this section; or The estimated travel time which would have been considered hours of work under this section had the employee used the mode of transportation offered by the Agency, or traveled at the time selected by the Agency Overtime Compensation Work officially ordered and approved in advance and performed by a full-time, part-time, or intermittent employee in excess of 8 hours in a day or 40 hours a week and outside of that employee's regularly scheduled administrative workweek is overtime work. overtime work shall be compensated for, within the limitations and restrictions of this Manual Section, by either pay or compensatory time off from official duty. The specific criteria for determining which type of compensation is appropriate are prescribed within this Manual Section Determination of Overtime Pay Rate Exempt Employees For an exempt employee whose basic pay rate does not exceed step 1 of GS-10 (approximately equivalent to a FP-6, step 7 or FP-5, step 3), the overtime rate is one and one-half times his or her hourly basic pay rate. When an exempt employee's basic pay rate exceeds step 1 of GS-10 the overtime rate is one and onehalf times the basic hourly rate for step 1 of GS-10. An exempt employee whose rate of basic pay is equal to or less than step 10, GS-10 must be paid for irregular or occasional overtime work officially ordered or, upon the employee's request, be granted compensatory time off in lieu of overtime pay. Exempt employees whose rate of basic pay exceeds step 10, GS-10, will not ordinarily be paid overtime pay for irregular or occasional overtime work officially ordered, but shall be granted compensatory time off unless the appropriate authorizing official determines that overtime pay will be paid Non-exempt Employees A non-exempt employee is entitled to his or her basic rate of pay plus an additional half hour's pay at the regular rate for each hour of officially ordered overtime work. However, in certain situations, compensatory

80 time off for an equal amount of time spent in irregular or occasional overtime work will be permitted. (See Attachment F for an explanation of the circumstances under which a non- exempt employee may elect to receive compensatory time off.) Conditions for Compensatory Time Exempt Employees An exempt employee must take any earned compensatory time off within three biweekly pay periods (16 weeks for overseas employees) following the pay period in which it is earned. An exempt employee who fails to take compensatory time off to which he or she is entitled within the three pay periods will lose the right both to compensatory time off and to overtime pay unless the failure is due to an exigency of the service beyond his or her control, as determined and approved by the authorizing official. When the official determines an exigency of the service exists, he or she must either extend sufficient time (up to three additional pay periods) for the employee to take compensatory time off, or must authorize payment instead. If, after a total of six pay periods, the exempt employee is still prevented from using the compensatory time because of exigencies of the service, payment for the overtime must be made Non-exempt Employees A non-exempt employee who elects to take compensatory time off must do so within three pay periods following the pay period in which it was earned. However, if for some reason the compensatory time is not taken by the end of that period, overtime must be paid to non-exempt employees Maximum Earnings Limitation for Exempt Employees For any biweekly pay period, an exempt employee's aggregate compensation (base pay plus premium pay) may not exceed the biweekly amount payable at the maximum salary rate for grade GS-15 or FP-1. Therefore, an exempt employee who has been directed or required to work overtime and is subject to this limitation may only be authorized compensatory time off for the overtime work performed The Effect of Non-pay Absence on Overtime Computation An employee in a non-pay absence (leave without pay, furlough, absence without leave, or suspension) during his or her regularly scheduled administrative workweek must make up an equal period of service within the same administrative workweek in order that any other period of service be compensated for at the overtime rate. For a period of nonpay absence in an employee's daily tour of duty, an equal period of service must be performed outside of the daily tour but on the same workday. This period will be compensated at the rate applicable to the employee's daily tour before any remaining period of service may be compensated at the overtime rate. 5.3 Night Pay Differential An employee whose regularly scheduled tour of duty or any portion thereof falls within the hours of 6:00 p.m. to 6:00 a.m. is entitled to compensation at his or her rate of basic pay plus a night pay differential amounting to 10 percent of his or her basic rate for that portion of work performed between those hours. An employee regularly scheduled to work at night is entitled to night differential for a period when he or she is absent from regularly scheduled night work due to a holiday or while in authorized travel status

81 Payment of night differential is authorized for a period of paid leave only when the total amount of that leave in a pay period--including both day and night hours--is less than eight hours; if the total amount of leave is eight hours or more, night differential cannot be paid for any paid leave hours during the pay period. 5.4 Holiday Pay An employee who is assigned to work on a legal holiday falling within his or her regular tour of duty will be paid at his or her basic rate of pay, plus premium pay at a rate equal to his or her rate of basic pay for that holiday work which is not overtime work. An employee who is ordered in advance to work overtime on a holiday, beyond his or her regularly scheduled tour of duty, is paid the same rate as for overtime performed on any other day. An employee who is assigned or recalled to duty on a holiday is entitled to holiday pay for a minimum of two hours of work even though the assignment does not take that long. Holiday pay cannot be used to establish an employee's rate of basic pay to compute overtime, night or Sunday pay. Conversely, overtime, night and Sunday pay cannot be used to establish an employee's rate of basic pay to compute his or her rate of pay on holidays. (See Attachment C for an example to aid in computing holiday pay.) 5.5 Sunday Pay Compensation for Sunday work which is part of a regularly scheduled tour of duty is paid at the rate of basic pay plus premium pay at a rate equal to 25% of the rate of basic pay. Work officially ordered in advance outside of a regularly scheduled tour of duty on a Sunday would be compensated as regular overtime. 6.0 Effective Date This Manual Section shall become effective on the date of issuance

82 MS 626: Peace Corps Performance Appraisal System Date: 9/25/91 Office: M/PM Supersedes: MS 626, 4/3/84 Table of Contents Attachments Table of Contents 1.0 Purpose 2.0 Excluded From Coverage 3.0 References 4.0 Purpose of the Performance Appraisal System 5.0 Policy 6.0 Definitions 6.1 Appraisal 6.2 Appraisal Period 6.3 Critical Element 6.4 Days 6.5 Office Directors 6.6 Performance 6.7 Performance Appraisal 6.8 Performance Appraisal System 6.9 Performance Plans 6.10 Performance Standards 6.11 Progress Review 6.12 Rating Official 6.13 Reviewing Official 6.14 Supervisor 6.15 Unacceptable Performance 7.0 Appraisal Period 8.0 Responsibilities 8.1 Director of Personnel Management 8.2 Rating Official 8.3 Employee 8.4 Reviewing Official

83 9.0 Techniques and Approaches for Developing Critical Elements and Performance Standards 9.1 Sources 9.2 Number of Critical Elements 9.3 Required Critical Element for Supervisors 10.0 The Appraisal Process 10.1 Performance Planning 10.2 Progress Review 10.3 Appraisal Appraising Performance While on Detail 11.0 Performance Rating 11.1 Rating Performance Elements Outstanding Excellent Satisfactory Unsatisfactory 11.2 Element Rating Point Values 11.3 Summary Rating 12.0 Warning Prior to Issuing an Unsatisfactory Rating 12.1 General 12.2 Procedure 12.3 Following the Warning 12.4 Corrective Action Following Unsatisfactory Performance 13.0 Reduction in Grade or Removal Based on Unacceptable Performance 13.1 Procedure 13.2 Appeals 14.0 Evaluation of Effectiveness of the System 15.0 Records Maintenance 16.0 Orientation for Supervisors and Employees 17.0 Relationship of Performance Appraisal to the Employee Counseling Program 17.1 Suggested Steps When a Performance Deficiency is Identified 18.0 Effective Date Attachments IN PROGRESS OF OBTAINING Attachment A Employee Performance Planning And Appraisal Form: The Appraisal Process. Form PC-1590 (part A) Form PC-1590 (part B) Form PC-1590 (part C)

84 1.0 Purpose This Manual Section establishes Peace Corps' Performance Appraisal System for all permanent employees who are not excluded by Paragraph Excluded From Coverage Senior Foreign Service Employees. Employees whose appointments were made at the advice and consent of the Senate. Foreign Service National Employees (see MS 602). Merit Pay Employees (see MS 629). 3.0 References Section 7(b) of the Peace Corps Act, as amended. Public Law , Civil Service Reform Act of Chapter 43, Title 5, United States Code. Federal Personnel Manual, Chapter 430. Volume 5, Code of Federal Regulations, Part 430. Negotiated Agreement with Peace Corps Employees Union. Inspector General Act of 1988, Sections 8E(g)(2) and 9(a)(2) 4.0 Purpose of the Performance Appraisal System Peace Corps' Performance Appraisal System is designed to (1) provide for periodic appraisals of job performance; (2) encourage employee participation in establishing performance standards; and (3) use the results of performance appraisals as a basis for training, rewarding, reassigning, promoting, demoting, retaining and removing employees, where appropriate. 5.0 Policy The performance appraisal system shall, to the maximum extent possible, permit the accurate and timely evaluation of job performance on the basis of objective criteria (which may include courtesy to the public) related to the job of an employee or position. In addition, it is the policy of the Peace Corps to use the performance appraisal system to enhance effective communications between the supervisor and the employee and to provide an opportunity for employees to develop to their maximum potential. 6.0 Definitions 6.1 Appraisal The comparison of an employee's performance of duties and responsibilities to performance standards. 6.2 Appraisal Period The period of time an employee's performance will be appraised

85 6.3 Critical Element A component of an employee's job in which below- standard performance requires remedial action and may be the basis for removing or reducing the grade level of that employee. Such action may be taken without regard to performance on other components of the job. 6.4 Days Days as used in this manual section mean calendar days. 6.5 Office Directors The Peace Corps Director, Deputy Director, Associate Directors, the General Counsel and heads of staff offices. 6.6 Performance An employee's accomplishment of assigned duties and responsibilities. 6.7 Performance Appraisal The continuous process by which an employee is informed of (1) the critical and non-critical elements of his or her position; (2) the performance standards established with respect to those elements; (3) how the employee's performance is viewed by the supervisor in relation to those standards; and (4) the means for improving performance where appropriate. 6.8 Performance Appraisal System A system that establishes performance standards; identifies critical elements; communicates standards and critical elements to employees; and establishes performance appraisal methods and procedures based on previously established standards and critical elements, and appropriate use of appraisal results in making personnel decisions. 6.9 Performance Plans Documents developed jointly by the supervisor and employee before the appraisal period that define the critical and non- critical elements against which an employee's performance will be appraised, and establish performance standards for those elements Performance Standards Expressed measure of level of achievement Progress Review The discussion of the employee's progress in relation to meeting the performance standards and goals Rating Official The individual who is responsible for informing the employee of the performance elements (both critical and non-critical) of the position, establishing performance standards for those elements, appraising performance and assigning the recommended performance rating (after conferring with employee)

86 6.13 Reviewing Official The immediate supervisor of the rating official, except for certain employees in the Inspector General's Office who are not subject to review by the Peace Corps Director Supervisor An individual employed by the agency who has authority to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove an employee; to adjust grievances, or to recommend such actions, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment. If an individual possesses the authority to perform just one of the functions above, regardless of the number and type of employees supervised, that person is a supervisor Unacceptable Performance Performance of an employee who fails to meet established performance standards in one or more critical elements of the employee's position. 7.0 Appraisal Period The appraisal period is one year, beginning February 1 of each year and ending January 31 of the following year. The first appraisal period under this revised system shall begin 60 days after the issuance of this Manual Section in order to allow adequate time for familiarization with the system and development of performance plans. 8.0 Responsibilities 8.1 Director of Personnel Management The Director of Personnel Management is responsible for the following: Formulating policies and procedures for administering the performance appraisal system, and making them known to the employees; Coordinating the performance appraisal system with other personnel processes; Establishing controls to assure timely and continuous progress reviews and performance appraisals; Providing instructions for developing and identifying critical and non-critical elements and related performance standards; Assisting management in preparing warnings when an employee is considered to be performing below the satisfactory level; Providing managers, supervisors and employees with adequate training covering their duties and responsibilities; Encouraging the use of incentive awards, where appropriate, to motivate and reward employees for high quality performance; Conducting periodic evaluations of the effectiveness of the appraisal system and using the findings to refine, alter or improve the system; and Assisting managers with alternatives for helping employees to improve their performance. 8.2 Rating Official A Rating Official is responsible for the following:

87 Informing the employee of the overall mission, objectives, goals and long- range plans and activities of the organizational unit; Reviewing the employee's position description and ensuring that it accurately describes the duties and responsibilities; Encouraging employee participation in the development of specific critical and non-critical elements and performance standards before the appraisal period begins; Encouraging group discussions on setting elements and standards for positions with identical duties, when practical; Providing the employee with a written performance plan containing the critical and non-critical elements and performance standards before the appraisal period begins; Conducting the required progress review and other periodic progress reviews as needed or requested by the employee to discuss performance, adjust critical and non-critical elements and performance standards and communicate changes of objectives and priorities in writing; Rendering assistance when needed to improve employee performance and otherwise strengthen supervisor/employee relationships; Integrating management and employee goals to the greatest extent possible; Preparing a performance appraisal that includes determining, documenting and evaluating the employee's accomplishments in a fair, objective and timely manner; Recommending an overall rating for the employee based on job related accomplishments and other relevant criteria; Using performance appraisals as a basis for training, rewarding, reassigning, promoting, reducing in grade, retaining and removing employees; and Considering employee comments on the appraisal. 8.3 Employee An employee is responsible for the following: Reviewing the position description to ensure that it reflects all of the assigned duties; Working with the rating official in establishing critical and non-critical elements and performance standards; Requesting and participating in progress reviews as required or as necessary; Informing the rating official of essential resources and support needed to meet performance standards, to accomplish goals and objectives; and Advising the rating official in a timely manner of any factors or circumstances that the employee believes should be considered in appraising performance; and Participating in the discussion and documentation of actual accomplishments during the appraisal period. 8.4 Reviewing Official A Reviewing Official is responsible for the following: Reviewing performance elements and standards to ensure that they are integrated into the total management process and are consistent with overall organizational objectives; Reviewing performance plans to ensure equity and consistency in standards within the organization; Reviewing the performance appraisal, recommended rating, and any employee comments, only after the appraisal has been completed by rating official to ensure that the recommended rating is properly documented; Adjusting performance rating on individual elements of the summary rating if necessary. However, such changes must be based on specific information concerning the employee's performance or on the reviewing official's personal knowledge of such performance;

88 Approving or disapproving the appraisal; and Reviewing and evaluating the effectiveness of the performance appraisal process within the organization. 9.0 Techniques and Approaches for Developing Critical Elements and Performance Standards 9.1 Sources Critical and non-critical elements may be drawn from a number of sources, including mission and function statements, position descriptions, planning documents, operating budget justifications and affirmative action plans. Managerial and supervisory duties such as recommending or making personnel decisions, developing and appraising subordinates and fulfilling equal opportunity and affirmative action responsibilities must be addressed, where appropriate. Critical elements include only those aspects controlled by the employee and must be consistent with the duties and responsibilities covered in the employee's position description. Critical elements must cover individual aspects of a non-supervisory employee's position and both individual and organizational aspects of an employee's position if that employee supervises a work unit. Examples of critical elements that reflect individual performance include those related to administrative responsibilities such as human resources management, work management, financial management and communication. Examples of critical elements that reflect organizational performance include program implementation and program planning. Performance standards may be identified from the same sources used to develop critical elements. In addition, the supervisor's knowledge of program emphasis and resource availability should be considered. Standards should define performance in terms of product (what is to be accomplished) and process (how it is to be accomplished). Standards should be as specific and measurable as possible and, where applicable, expressed in terms of quality, quantity and timeliness. Performance standards should be realistic in terms of what is possible to achieve, and yet challenging enough to stimulate growth. They should take into account factors such as: available resources, the environment in which the program operates, and any external factors affecting organizational or individual capacity to perform. Since these factors may change from year to year or even within the same year, performance standards should never be viewed as absolutes. They should be reviewed periodically to assess their validity under existing circumstances and revised promptly when necessary. 9.2 Number of Critical Elements The number of critical elements contained in a performance plan will vary from position to position and may change yearly or even within a given year for a specific position. Although most aspects of a position are important, not all are critical. Therefore, if the number of critical elements exceeds eight or nine, the rating official and the employee should discuss the feasibility or grouping elements into broader categories. Common sense should be the guiding principle in making the determination. 9.3 Required Critical Element for Supervisors A required critical element for all supervisors will be the completion of performance appraisals by required dates The Appraisal Process The appraisal process involves three distinct stages: performance planning, progress review and appraisal. This process takes place based on a cycle starting February 1 and ending the following January

89 10.1 Performance Planning At least four weeks before the start of the appraisal period, rating officials and employees, or groups of employees, when practical, shall begin developing written performance plans for the coming appraisal period. These plans must include the following: Critical and non-critical elements which reflect the employee's major duties and responsibilities; and Performance standards which will be used to evaluate levels of accomplishment for these elements. Standards for each element must be set at the Satisfactory and Outstanding levels. Upon request, rating officials will meet with any employee or group of employees affected by a particular element or standard to discuss the rating official's proposals. None of the discussions will constitute negotiations over the substance of the performance standards. The rating officials shall make the Agency decision on this matter, consistent with the criteria established in the law, regulations, contract and this Manual Section. Information used by a rating official in proposing any standard will be available to all participants prior to the discussion. If the rating official and the employee disagree over the content of any performance plan items, they should attempt to resolve the disagreements informally with the assistance of the reviewing official. If not resolved at this level, the higher reviewing official shall make the final decision. The employee shall sign the performance plan to indicate that the plan has been discussed. The employee's signature on the plan does not indicate agreement with the plan. All performance plans must be completed and signed by all parties before the appraisal period begins. For an employee entering a position after the start of the appraisal period, a performance plan must be developed within two (2) weeks of the date the employee entered the position. Such performance plans will cover the period of time remaining until the end of the appraisal period or 120 days, whichever is greater. During the development and review, performance plans should be considered in terms of the following factors: Criticality/Relevance identified? Have appropriate critical elements been Comprehensiveness Does the plan cover all of the employee's significant duties and responsibilities? Clarity Are performance elements and standards clearly and fully described? Measurability Can achievements be quantitatively and qualitatively measured using established standards? 10.2 Progress Review At a minimum, the rating official must conduct at least one progress review with each employee approximately halfway through the appraisal period. An employee may request additional progress reviews as necessary. The progress review must include discussion of the following: The employee's progress toward meeting the goals and standards included in the performance plan; The need for changes in the plan based on changes in responsibilities, priorities or resources; and Identification of performance deficiencies, if any, and recommendations on how to improve

90 There must be a record of the progress review that will consist of the rating official's and the employee's signatures and dates affixed to the performance plan in the appropriate place. Progress reviews must also be scheduled and conducted for employees who enter positions after the start of the appraisal period and must be completed near the midpoint of the shortened appraisal period Appraisal Appraisals shall be completed at the end of the appraisal period for all employees who have occupied their positions for 120 days or more during the appraisal period, except: If an employee is reassigned or promoted within the last 120 days of the appraisal period, the current supervisor will complete an appraisal (within 30 days of the reassignment or promotion) covering the period of time through the employee's last date in that position. If an employee has been in a position for less than 120 days at the end of the appraisal period, an appraisal will be completed after the employee has served in the position for 120 days. The rating official shall initiate the appraisal before the end of the appraisal period by providing advance notice to the employee of the date and time for an appraisal meeting. The employee shall be given the option of having a pre-appraisal meeting with the rating official to: Present his or her assessment of results achieved against the standards in the performance plan; Inform the rating official of aspects of the work that the rating official may not be aware; and Identify objectives he or she would like to include in the performance plan for the next period. After the pre-appraisal meeting, if any, the rating official shall prepare and discuss with the employee a draft of the performance appraisal. This appraisal must be based on an assessment of the employee's performance against the set standards in the performance plan and must include a recommended rating of one of the levels of achievement defined in paragraph The employee will have at least one week to review and comment on the proposed rating. The rating official and the employee shall try to resolve any disagreement on the appraisal. If a disagreement still exists, the rating official shall submit the proposed appraisal and rating, along with the employee's comments, to the reviewing official who shall try to resolve the conflicting issues in the appraisal. If changes are introduced by the reviewing official, he or she will discuss the proposed changes with the rating official and the employee before making them final. The office director shall have final authority for resolving any remaining conflicts. All parties shall sign the appraisal form as evidence of discussion, but the employee's signature does not imply agreement with the rating nor does it constitute a waiver of the employee's rights. All appraisals must be completed and submitted to the Personnel Director (M/PM) no later than thirty (30) days after the end of the appraisal period Appraising Performance While on Detail When an employee is officially detailed to another position for a period of 120 days or longer, the employee's performance in that position must be appraised by the supervisor who has jurisdiction over the position within 30 days after the end of the detail. This appraisal will be based on pre-established critical elements and performance standards that were prepared and discussed with the employee when he or she entered the position. Appropriate revision of the original performance plan should be made so that the appraisal of the employee's performance while on detail can be given appropriate consideration in the overall appraisal

91 11.0 Performance Ratings 11.1 Rating Performance Elements Official performance ratings for each element must use the adjective (from the following list of four) that is most descriptive of the performance Outstanding Performance on an element that meets or exceeds standards set at the beginning of the rating period for outstanding performance. Standards set at this level must show that the overall performance is expected to be of such exceptional quality that the level of performance substantially exceeds what is necessary to accomplish the work. An adjective rating at this level must be supported by a detailed explanation of how the performance met the standards set at this level and must be approved by the Director (M/PM) before the rating becomes official Excellent Performance on an element that exceeds the standards set at the satisfactory level but less than the outstanding level. Such a rating must be justified with a description of how the performance exceeded the satisfactory standards Satisfactory Performance on an element that meets the standards set for satisfactory performance Unsatisfactory Performance on an element that does not meet the standards set for satisfactory performance. A rating at this level must be fully documented and must be approved by the Director (M/PM) Element Rating Point Values An adjective rating for each element shall carry the following numerical point values: Outstanding 3 points Excellent 2 points Satisfactory 1 point Unsatisfactory 0 point Critical elements shall be given a weight of two; non-critical elements shall be given a weight of one Summary Rating Each element rated should be assigned the appropriate number of rating points. Performance points are determined by multiplying the rating points for each element by the weight of the element. The final summary rating for the performance appraisal is determined by dividing the sum of all the performance points by the sum of all the weights. The overall adjective rating that accompanies the final summary rating will be based on the following table,

92 except that an unsatisfactory rating for any critical element will automatically require an overall adjective rating of unsatisfactory. SUMMARY RATING POINTS RATING ADJECTIVE ADJECTIVE RATING Unsatisfactory Satisfactory Excellent Outstanding An overall rating cannot be appealed. Bargaining unit employees may grieve the overall rating under the Negotiated Agreement. All other employees may grieve the overall rating under the Agency Grievance Procedure Warning Prior to Issuing an Unsatisfactory Rating 12.1 General Prior to assigning an overall unsatisfactory rating, the supervisor is required to issue a 90-day warning and make a reasonable effort to help the employee during the warning period. A notice of warning must be issued in time to allow for a 90-day period to expire on or before the end of the appraisal period; otherwise, the assignment of a rating for each element and an overall rating of unsatisfactory must be deferred until the end of the 90-days. NOTE: An employee may be removed or demoted at any time during the appraisal cycle when his or her performance becomes unacceptable. No formal overall appraisal is required (see paragraph 13) Procedure The warning must be made in writing and must inform the employee of the following: Which critical element(s) the employee failed to meet satisfactorily and how he or she failed to meet it; What the employee must do to bring the performance to an acceptable level within the 90-day period; and What efforts the rating official will make to help the employee to overcome the deficiencies and meet the performance standards. Rating and reviewing officials are required to seek guidance from the Employee Relations Specialist, Office of Personnel Management, in each case where a 90-day warning is being contemplated Following the Warning At the end of the 90-day warning period, if the employee's performance has not reached a satisfactory level, an unsatisfactory rating must be given and must be accompanied by a written statement that justifies the rating and compares the employee's performance with the established standards cited in the initial warning. The statement must also specify the following: The facts stated in the prior warning; The efforts made to help the employee improve performance during the warning period;

93 Specific examples of the employee's failure to improve sufficiently during the warning period; and The employee's appeal and/or grievance rights Corrective Action Following Unsatisfactory Performance Corrective action must be taken when performance has been determined to be less than satisfactory. The corrective action may be formal or on the job training, reassignment, reduction in grade or removal from the position Reduction in Grade or Removal Based on Unacceptable Performance Employees may be reduced in grade or removed from their positions at any time for unacceptable performance. Unacceptable performance is defined as failure to meet established satisfactory performance standards for any one critical element of the employee's official position. In cases where it is apparent to a supervisor that an employee is performing at an unacceptable level, the supervisor may propose to have the employee reduced in grade or removed before the end of the normal appraisal period. However, if the proposal is initiated within the last 90-days of the appraisal cycle, the procedures in MS 626, paragraph 12. must be used. In all other cases, the supervisor shall inform the employee of his or her performance deficiencies and give the employee at least sixty (60) days to demonstrate acceptable performance. Supervisors are required by law to communicate performance standards and critical elements to employees. Good supervision includes informing and assisting employees in improving unacceptable performance. Employees should be encouraged to discuss factors that may cause unacceptable performance. Appraising performance is an ongoing process. Supervisors monitor job performance on a daily basis. At the first signs of a performance problem, supervisors should consider whether counseling would help an employee overcome the problem. An employee must be given the opportunity to demonstrate acceptable performance. Thus, the employee must be afforded a reasonable time to show whether he or she can perform acceptably before a notice of proposed demotion or removal can be issued. During this period, more intensive supervision and training may be necessary or appropriate Procedure An employee whose reduction in grade or removal is proposed shall be provided with a 30 day advance written notice of the proposed action which: Identifies specific instances of the unacceptable performance on which the proposed action is based; Identifies the critical elements involved in each instance of unacceptable performance; Allows the employee 7 to 14 days from date of receipt of notice to furnish affidavits and other documentary evidence in support of the employee's response; Indicates that the employee may be represented by an attorney or other representative; and Provides for careful consideration of the employee's answer and for a written decision that will specify the reasons for disciplinary action. The supervisor or reviewing official may extend the notice period for not more than 30 days. Within 30 days after the expiration of the notice period, the employee shall be given a written decision concerning the proposed action. Unless proposed by the head of the Agency, the decision must be concurred on by the next higher level of supervision over the supervisor who proposed the action

94 13.2 Appeals If the proposed reduction in grade or removal is made final, competitive service employees may make a formal appeal to the Merit Systems Protection Board in accordance with 5 U.S.C Foreign Service employees may appeal under the appropriate grievance procedure. Employees who believe they have been subjected to any prohibited personnel practice, as defined in 5 U.S.C. 2302, may initiate a complaint with the Merit Systems Protection Board (MSPB). The supervisor shall maintain the following: copies of the notice proposing to remove or reduce the employee in grade for unacceptable performance; the employee's written response or a written summary if the response was made orally; and the notice of decision with supporting justification. These shall be furnished to the Merit Systems Protection Board (MSPB) or other appropriate officials and to the affected employee upon request Evaluation of Effectiveness of the System Annually the Office of Personnel Management (M/PM) will conduct an effectiveness evaluation of the performance appraisal system to determine its effectiveness and compliance with laws and regulations. These evaluations will generally be conducted in conjunction with periodic evaluations of other personnel management programs Records Maintenance Summary appraisals, as well as all supporting documents, are considered part of the overall Employee Performance File system established by the U.S. Office of Personnel Management (U.S. OPM). Maintenance of these records shall be consistent with the U.S. OPM's regulations of records management, implementation of the Privacy Act and any other applicable regulations and instructions Orientation for Supervisors and Employees Personnel Management will provide supervisors and employees orientation on the appraisal process, particularly on the development of performance standards and critical elements and how they serve as a basis for making personnel decisions Relationship of Performance Appraisal to the Employee Counseling Program The primary purposes of the performance appraisal process are to provide management with information on the employee's performance and employees with information on improving their performance. It is through the process of appraisal that supervisors can identify employee performance deficiencies at an early stage and explore the options for correcting deficiencies. One of the options considered should be the employee counseling program which is covered in MS 658 "Employee Assistance Program". Performance appraisals, in identifying unacceptable performance, serve as an important source of information in making referrals to the Agency counseling program. Counseling programs help pinpoint the causes of performance problems and, in many cases, can successfully assist employees to get help and eventually correct problems. Referrals can be made at any time. Even when an employee is formally being given the opportunity to demonstrate acceptable performance, supervisors may still make a referral to the Agency counseling program as part of that opportunity. Any supervisor wishing to make such a referral should contact the Employee Relations Specialist, Office of Personnel Management

95 17.1 Suggested Steps when a Performance Deficiency is Identified The following steps suggest how the counseling program can assist when a performance deficiency is identified: The supervisor monitors performance on a continuous basis. The supervisor identifies and discusses with the employee work that fails to meet performance standards. The supervisor may discuss the situation at this point with the counseling program coordinator in the Office of Personnel Management. The supervisor should not try to ascertain the nature of any personal problem. The supervisor offers the employee referral to the counseling program, if appropriate, and may continue to discuss the situation with the counseling program coordinator. If formal action is decided upon, the supervisor advises the employee of the opportunity to demonstrate acceptable performance and provides additional assistance as appropriate. If the employee, either prior to or during the formal opportunity period for improving performance, agrees to seek counseling, further action may take into account whether the employee is cooperating with a recommended plan of counseling, treatment and/or rehabilitation. If acceptable performance does not result, other remedial action or, if necessary, demotion or removal may be appropriate. Further guidance regarding the Agency's counseling program may be found in MS 658 or by contacting Personnel Management's Employee Relations Specialist Effective Date This Manual Section takes effect on the date of issuance

96 MS 627: Senior Foreign Service Performance Management System and Pay Effective Date: 5/26/06 Responsible Office: M/HRM New Manual Section Table of Contents Table of Contents 1.0 Authorities 2.0 Purpose 3.0 Policies 4.0 Setting and Adjusting Pay 5.0 SFS Performance Management System 5.1 Appraisal Period 5.2 Pay Adjustment Decisions 6.0 Records Maintenance 7.0 Effective Date 1.0 Authorities Section 402 of the Foreign Service Act of 1980, 22 U.S.C. 3962(a)(2), as amended by section 412 of Division B of the Consolidated Appropriations Act, 2005, P.L , December 8, 2004; 5 CFR 534, Subpart D; Executive Order 12293, The Foreign Service of the United States, January 23, Purpose This manual section sets out the policies and procedures for the Peace Corps Performance Management System for Senior Foreign Service (SFS) employees for setting and adjusting SFS pay. 3.0 Policies The SFS Performance Management System is a rigorous performance system that makes meaningful distinctions based on relative performance of SFS employees taking into account individual performance, contribution to the mission of the Peace Corps, or both, and is used as a basis for determining pay adjustments and for other purposes

97 4.0 Setting and Adjusting Pay 4.1 The Director shall designate the salary class with title (Career Minister, Minister-Counselor or Counselor) for each SFS employee and shall set the rate of basic pay within that salary class. The salary classes and titles are currently set forth in Executive Order Except as otherwise approved by the Director or set forth in this manual section, the Peace Corps will set and adjust SFS pay, to the extent practicable, in accordance with the Office of Personal Management (OPM) regulations for pay adjustments for the Senior Executive Service (SES), currently at 5 CFR 534 subpart D. 4.3 The Director has discretion to reduce the rate of basic pay of an SFS employee at any time for performance or disciplinary reasons. 5.0 SFS Performance Management System 5.1 Appraisal Period For 2004 the appraisal period was one year, beginning February 1 of 2004 and ending January 31, For 2005 it began on February 1, 2005 and ended on December 31, Thereafter, it is one year beginning January 1 and ending December 31 of the same year. 5.2 Pay Adjustment Decisions The Director shall make individual pay adjustment decisions under the SFS Performance Management System based on the relative performance of SFS employees taking into account individual performance, contribution to the mission of the Peace Corps, or both. In making pay adjustment decisions, the Director may consider the Director's and others' experience with and observation of the employee's performance during the appraisal period and any other relevant performance-related information. 6.0 Records Maintenance The pay adjustment decision memorandum shall be filed in the Director's office. The SF 50 and SF 52 forms that request and make the pay adjustments and other pay documents shall be filed in HRM 7.0 Effective Date This manual section is effective on the date of issuance

98 MS 630: Hours of Duty Date: 10/07/83 Office: M/PM Supersedes: MS630, 1/19/76 Table of Contents Attachments Printer Friendly Version (PDF) Table of Contents 1.0 Purpose 2.0 Scope 3.0 Background 4.0 Policy 4.1 Employee Rights 4.2 the Public Interest 4.3 Employee Responsibility 4.4 Management Responsibility 4.5 Implementation 4.6 Time Accounting 4.7 Travel Status 4.8 Optional Schedules Maxiflex Maxiflex Work Schedule Requirements Time Band Chart Agency Operating Hours Core Time Public Service Band Midday Flex Band Basic Work Requirement Core Time Deviation Credit Hours Premium pay Overtime pay Compensatory Time off Credit for Holiday Work Absence and Leave During Maxiflex Holiday Leave Excused Absence

99 4.8.2 Compressed Work Schedules 4.9 Fine Tuning Absence and Leave Holiday Leave Premium pay Hazardous Weather Overtime pay Compensatory Time off Premium pay for Holiday Work Four-day Workweek Three-day Workweek The 5-4/9 pay Period 4.10 Delegations of Authority 5.0 Effective Date Attachments Attachment A Guide to Selecting Work Units and Schedules (MS 630.doc) 1.0 Purpose This Manual Section establishes the Alternative Work Schedules Program, herein referred to as AWS, as the Agency's official hours of duty policy for its operations in the United States. The hours of duty policy for each Peace Corps overseas Post is established in accord with the policy of the respective U.S. embassy. 2.0 Scope This section covers all Peace Corps employees except: employees in overseas Posts and employees on temporary intermittent appointments. 3.0 Background Public Law , "The Federal Employees Flexible and Compressed Work Schedules Act of 1982." Federal Personnel Manual 610, 620, and 630. Foreign Affairs Manual, Volume 3, Chapter Policy It is the policy of Peace Corps to foster a workplace environment predicated upon a humane approach to working life. This policy is intended to increase opportunities for employee satisfaction, development, and fulfillment and to maximize employee creativity and productivity. The underlying premise of AWS is that within the context of basic requirements and criteria, decisions will

100 be made at the "work unit" level regarding the most appropriate AWS schedule for use in each work unit. The basic requirements, criteria and process are provided for in this section for both the Flexitime and Compressed schedules. A highly cooperative and participatory decision-making process is required for determining what the work unit levels will be in the various offices and what AWS schedule will be adopted within each work unit. Office Heads, Division/Regional Directors, first-line supervisors and staff are expected to work out mutually acceptable arrangements based on common criteria. 4.1 Employee Rights Public Law , the Federal Employees Flexible and Compressed Work Schedules Act of 1982 provides specific protections against intimidating, threatening, coercing, or interfering with an employee's right to elect an arrival or departure time, to work or not work credit hours or to request compensatory time off in lieu of overtime pay. Further, it provides specific remedies for any employee who requests to be excluded from his or her unit's Compressed Work Schedule on the basis of personal hardship. Such a request must be made by the employee in writing to his or her Associate Director or equivalent Agency official (see paragraph 4.10.). The Agency's determination will be made no later than ten days after the day of the written request. In addition to the protections provided in this law, an employee will continue to retain his or her right to initiate action in court for alleged violations of the Fair Labor Standards Act. 4.2 The Public Interest The Act also protects the public interest and the efficiency of Government operations by insuring that the U.S. Office of Personnel Management or the head of the Agency may terminate an alternative work schedule if it disrupts Agency operation or increases costs. The Act provides that Agency heads may restrict the employees' choice of arrival and departure times and the use of credit hours, and may exclude any employee or group of employees from an established AWS schedule where that schedule hampers the efficient operation of the Agency. 4.3 Employee Responsibility AWS is more than a simple rearrangement of the arrival and departure time of staff. In order for AWS to function effectively, it must be recognized as imparting considerable additional responsibility upon each and every employee. AWS gives each employee a greater measure of personal control over the work environment. With this freedom comes the responsibility to account for one's time and attendance accurately and completely. In arranging schedules, employees need to be mindful of the needs of others as well as their own. A cooperative, considerate approach, with compromise and accommodation where necessary, will result in the most practical schedule. 4.4 Management Responsibility AWS requires Agency managers and supervisors to adapt their management styles. It requires effective methods to plan and organize the work and to assess the effectiveness of the work unit, as well as effective communications with and between employees. As a matter of courtesy, meetings should be scheduled between 9:30 am and 3:30 p.m. whenever possible. There will be occasions when this is not possible, and staff will have to alter their schedules temporarily to accommodate such situations. Given the very flexible nature of the Peace Corps AWS Program, there is potential for abuse. Should abuse become a problem, it could result in the Office Head returning an individual employee or work unit to a traditional fixed work schedule. Decisions in this regard are subject to the appropriate grievance procedure

101 4.5 Implementation AWS must be implemented in a manner which ensures the following: Coverage is maintained for the function of the unit. For those units which deal directly with the public, the "Public Service Band" (defined in paragraph ) determines the minimal coverage required. Given adequate coverage -- at least one employee who understands the major functions of the work unit -- employees are given maximum flexibility. Unit efficiency and productivity are not reduced. Decisions occur on the most decentralized basis feasible. Decisions about work unit level and AWS models are to be mutually arrived at and acceptable to employees and supervisors alike. (See Attachment A, "Guide to selecting Work Units and Schedules".) At the beginning of the leave or calendar year all managers, supervisors, and employees shall determine the AWS schedules on which employees will work during that year. Each work unit shall select one AWS schedule, either maxiflex or a specific fixed compressed schedule, for its use. This should be accomplished within a cooperative, participatory process, utilizing the "Guide to selecting Work Units and Schedules". If a work unit selects the maxiflex schedule, then each employee in that unit shall submit to the supervisor in writing the particular schedule, ie, hours and days of work, which he or she intends to follow within the maxiflex parameters. If in the course of the year, an employee's particular schedule varies substantially from the one he or she submitted at the beginning of the year, the employee shall submit a revised schedule. For the purposes of this Manual Section, the basic work unit is determined on a combination of factors, including the commonality of supervision, function, and office space; normally, the basic work unit is defined by those employees reporting to a single supervisor. 4.6 Time Accounting It is important that accurate and certifiable time and attendance records be kept. Employees are responsible for working their full tour of duty as part of their agreement with the Agency. Supervisors are responsible for accounting accurately for the time and attendance of employees under their supervision. Government regulations require maintenance of a record for accounting and audit purposes. (See MS 742, "Maintenance of Employee Time and Attendance Records.") 4.7 Travel Status When employees are engaged in actual travel, their administrative workweek shall be 8:30 am. - 5:00 p.m. (includes a 1- hour lunch) 5 days a week unless specified 'to the contrary by the supervisor. Time spent traveling outside of these hours is compensable only under certain conditions (see PCMS 625, "Premium Pay"). Employees engaged in work while in travel status are subject to the onsite client's administrative workweek. Therefore, those hours specified as the workweek for the client shall be considered the administrative workweek for traveling employees unless otherwise specified by their supervisor. The earning of credit hours while in travel status is governed by paragraph of this Manual Section. 4.8 Optional Schedules Each work unit shall select its own work schedule from among the maxiflex schedule and three fixed, compressed schedules. All employees in a given work unit are required to adopt the schedule selected by that unit. However for the purposes of calculating leave and Premium pay, the Agency will operate on a 5- day, 40-hour week

102 4.8.1 Maxiflex The flexible schedule authorized in the agency is the Maxiflex Schedule which affords employees a degree of flexibility in choosing work schedules Maxiflex Work Schedule Requirements Time Band Chart Agency Operating Hours The basic operating hours for the Agency are from 7:00 am to 6:00 p.m., Monday through Friday. At Headquarters and where arrangements can reasonably be made for offices to be accessible, employees may opt to work outside of these hours and days, but justification for such work must be approved by the supervisor, in advance, in order for it to be credited toward the basic 80 hour work requirement Core Time All employees must be at work during core time unless on approved leave or "core time deviation" (see paragraph below). Core times are 9:30 am. to 11:00 a.m. and 2:00 p.m. to 3:30 p.m. on Tuesdays, Wednesdays and Thursdays of each week Public Service Band The Public Service Band is to ensure that office coverage is sufficient to meet the needs of the general public, Federal and other agencies, and other offices and staff within Peace Corps. The Agency's Public Service Band extends from 8:30 am to 5:00 p.m., Monday through Friday. Offices and work units may be excepted from observing the Public Service Band only if they can clearly demonstrate to office heads that their function does not require their availability to the public, other agencies, or other Agency staff during the Public Service Band Midday Flex Band A flexible band extends from 11:00 am. to 2:00 p.m., during which a minimum half-hour lunch period is to be taken. (Note: A minimum half hour lunch break is mandatory on all workdays in excess of six hours.) The Midday Flex Band provides employees the opportunity to take an extended lunch period, either on a regular basis or from time-to-time, to conduct personal business, attend a doctor or dental appointment or whatever the employee pleases, without charging the time to leave. However, the time must not be computed when figuring the number of hours worked for that day Basic Work Requirement Full-time employees have an 80-hour biweekly basic work requirement, not to exceed 13 hours/20 minutes on any day. The basic work requirement for part-time employees, that is, employees with a regularly assigned basic work requirement of from 32 to 64 hours per pay period, is specified at the time of their appointments Core Time Deviation A supervisor may approve an employee's request to be absent during core time. Absence during core time shall be made up by the employee. The supervisor may authorize the employee to make up the absence during the same workday, within the workweek, or in the same bi-weekly pay period

103 Credit Hours Credit hours are those hours which an employee, under the maxiflex schedule elects to work in excess of his or her basic work requirement, i.e., 80 hours per pay period for full-time employees, and which may be used to vary the length of a succeeding workweek or workday. Credit hours may be earned, and carried over from one pay period to another, in 15 minute increments (quarter hours). If management orders an employee in advance to work in excess of the basic work requirement, such hours are not credit hours and must be compensated as overtime, an employee's intent to earn credit hours requires reasonable notification of the supervisor; an employee's intent to use credit hours requires the supervisor's approval as in the case of annual leave. A full-time employee may normally carry over no more than ten (10) credit hours into a succeeding pay period; a part-time employee may normally carry over no more than one-fourth of his or her biweekly basic work requirement, not to exceed ten hours. However, a full-time employee may request approval to earn up to twenty-four (24) credit hours, or a parttime employee up to one-fourth of his or her basic work requirement, when it serves a demonstrated Agency need. The request must be submitted to the immediate supervisor who will seek approval from the second level approving official or designee. When an employee has worked more than his or her basic work requirement before the end of the pay period, any time off during that pay period must be discussed with and approved in advance by the supervisor. Credit hours cannot be used before they are earned, except within the same pay period Premium Pay Overtime Pay For employees on the maxiflex schedule, overtime hours are all hours in excess of 8 in a day, 40 in a week, or 80 in a biweekly pay period which are officially ordered in advance by the supervisor. Employees shall be compensated for such overtime hours in accordance with the provisions of applicable law (see PCMS 625, "Premium Pay"). If a supervisor orders an employee to work hours that are in excess of the number of hours which that employee had scheduled to work on that day, but which are not in excess of 8 in that day or 40 in that week, the Agency will allow that employee to work a number of hours on a subsequent workday equal to those ordered, which would be in excess of his or her basic work requirement, and which would be compensated as overtime hours. For example, an employee on the maxiflex schedule submits the following schedule for a subsequent week to his or her supervisor and has it approved: 10 hours on Monday, 10 hours on Tuesday, 6 hours on Wednesday, 8 hours on Thursday, and 6 hours on Friday. On Wednesday, the supervisor decides that the employee is needed for two additional hours and orders the employee to work the additional time. Although this is work officially ordered in advance, it is not in excess of 8 hours in a day or 40 hours in a week, and therefore, is not overtime. In such a case, the employee may: Work 2 hours less on a subsequent workday; Work out the balance of his or her schedule as planned, and receive 2 credit hours; or Work out the balance of his or her schedule as planned, and receive overtime pay for 2 hours, which would be the 41st and 42nd hour of the week or the 81st and 82nd hour of the bi-weekly pay period Compensatory Time Off An employee may elect compensatory time off in lieu of overtime pay, for regularly scheduled overtime work as well as for occasional overtime work ordered in advance. (See PCMS 625, "Premium Pay.")

104 Credit for Holiday Work A full-time employee who elects to work on a holiday, and who receives prior approval of his or her supervisor to do so, is credited with 8 hours (holiday pay) plus the number of hours worked; a part-time employee is credited with the number of hours he or she is scheduled, plus the hours he or she elects to work Absence and Leave During Maxiflex Holiday Full-time employees, regardless of whether they are scheduled to work on a day officially designated as a holiday (or an "in lieu of" holiday), are entitled to basic pay with respect to that day for eight (8) hours. Part-time employees are entitled to basic pay only for the number of hours they are scheduled to work on that day, not to exceed 8 hours; if they are not scheduled to work on that day, they receive no holiday pay Leave Absence during core time, without prior approval of the employee's supervisor, and failure of an employee to complete his or her basic work requirement, must be charged to the appropriate leave category unless the employee is authorized compensatory time off or has been granted an excused absence (see PCMS 635, "Absence and Leave"). Such leave must be recorded in whole hours. Because the Agency is operating on a 5-day, 40- hour week, sick leave may be used for only 8 hours on any given day. NOTE: Although the maxiflex schedule allows for much flexibility, there exists the possibility that an employee may be forced to use leave. As an example, assume an employee works a small number of hours during the first week of a pay period in anticipation of working longer hours in the second week. If it then becomes impossible, in the second week, to complete the 80 hours basic work requirement, the employee must use sick leave, annual leave, or LWOP for those hours short of the requirement Excused Absence (Administrative Leave) Under certain conditions, as detailed in MS 635, absences may be administratively authorized without charge to leave or loss of pay. The most frequent circumstance under which excused absence is authorized is hazardous weather. The guiding principles for authorizing excused absence under our flexitime program are the necessity for the absence and the equitable treatment of employees Hazardous Weather The follow conditions apply to attendance during hazardous weather: Late Arrival. The amount of excused absence granted for late arrivals caused by hazardous weather conditions will be determined on an individual basis depending on conditions prevailing between the employee's home and the workplace. Upon specific authority of the Peace Corps Director, supervisors may excuse reasonable absences in such cases. Early Dismissal. When hazardous weather results in the early dismissal of employees, the Period of excused absence will not exceed the difference between the authorized time of early dismissal and the end of the Public Service Band which is 5:00 p.m. If, for example, early dismissal is authorized as early as 3:00 p.m., the maximum excused absence will be two (2) hours; the difference between 3:00 P.m. (time of dismissal) and 5:00 p.m. (the end of the Public Service

105 Band). This would affect individual employees differently depending on their scheduled workday. Employee A, who is scheduled to complete the workday at 6:00 p.m. would be excused for two (2) hours and could leave at 4:00 p.m. Employee B, scheduled to complete the workday at 3:30 p.m., could leave at 3:00 p.m. and would be excused 1/2 hour. One of the intents behind this rule is to provide for staggered departures which would ease traffic congestion. Equity among employees is not an intent here since early dismissal is based upon the convenience of the government. Emergency Conditions. When a decision is made to evacuate the workplace due to an emergency condition such as fire, flood, earthquake, etc., all employees will be excused immediately Compressed Work Schedules Rather than work on a maxiflex schedule, a work unit may elect one of three fixed, compressed schedules: a four-day workweek, a three-day workweek, or the 5-4/9 pay period plan. Whichever compressed schedule is elected, all employees must abide by it unless exempted by an office head, as in paragraph 4.1. of this Manual Section Absence and Leave (Compressed Work Schedules) Holiday Full-time employees, whether or not they are scheduled to work on a day officially designated as a holiday, are entitled to pay with respect to that day for the number of hours scheduled for that day. For full-time employees, this would be either 10 hours, 13 hours/20 minutes, or 9 hours (or 8 if the day is the one day of the pay period scheduled for 8), depending on which compressed schedule the employees work. When a full-time employee has more than two consecutive non-workdays off and a holiday falls on one of these non-workdays, the following rules shall apply in designating the workday as the "in lieu of" holiday. When the holiday falls on the employee's first or second non-workday, the preceding workday shall be designated as the "in lieu of" holiday. When the holiday falls on the third or fourth non-workday, the next workday shall be designated as the "in lieu of" holiday. A part-time employee is entitled to holiday pay for the number of hours that he or she was scheduled to work on the day on which a holiday falls. Part-time employees are not entitled to an "in lieu of" holiday if a holiday falls on a non-workday Leave Time off during an employee's basic work requirement must be charged to the appropriate leave category unless the employee is authorized compensatory time off or an excused absence. An employee who takes one full day of leave will be charged for the number of hours scheduled for that day. For a full-time employee, this would be either 10 hours, 13 hours/20 minutes, or 9 hours (or 8 if it is the one day of the pay period scheduled for 8), depending on which compressed schedule the employee works. A part-time employee would be charged the number of hours in his or her fixed schedule for that day. The statutory provisions of Title 5 relating to the earning of or entitlement to sick, annual, military, and funeral leave, and in some cases creditable service for retirement purposes, have as a frame of reference the 8-hour day, with the result that the provisions are stated in terms of "days." Such references to a day or workday (or to multiples or parts thereof) shall be considered to be references to 8 hours (or the respective multiples or parts thereof). It is not intended to either decrease or increase any employee's existing entitlement to leave or creditable service for retirement purposes. Part-time employees whose alternative

106 work schedules have biweekly rather than daily or weekly work requirements are entitled to accrue leave even though they may not be scheduled to work in one of the weeks of a pay period Premium Pay (Compressed Work Schedules) Overtime Pay Work which has been ordered by a supervisor in advance to be performed outside of an employee's compressed work schedule is overtime work. Employees are entitled to overtime pay for overtime work in accordance with applicable provisions of law (see PCMS 625, "Premium Pay") Compensatory Time Off An employee may elect compensatory time off in lieu of overtime pay, for irregular or occasional overtime work ordered in advance. (See PCMS 625, "Premium Pay.") Premium Pay for Holiday Work An employee on a compressed schedule who performs work on a holiday is entitled to basic pay, plus premium pay at a rate equal to basic pay, for the work that is not in excess of the employee's compressed work schedule for that day. For hours worked on holidays in excess of the compressed work schedule, a full-time employee is entitled to overtime pay under applicable provisions of law, and a part-time employee is entitled to straight time pay or overtime pay, depending on whether the excess hours are non-overtime hours or overtime hours. Approval for work on a holiday must be obtained in advance from the employee's supervisor in order for the employee to be entitled to premium pay Four-Day Workweek Full-time employees have a 10-hour daily, a 40-hour weekly, basic work requirement. Work units establish a fixed tour of duty within the five day workweek, Monday through Friday, consisting of four ten-hour days for full-time employees or four days of shorter duration for part-time employees Three-Day Workweek Full-time employees have a 13-hour/20 minute daily basic work requirement and a 40-hour weekly basic work requirement. Work units establish a fixed tour of duty within the five day workweek, Monday through Friday, consisting of three 13 hour and 20 minute days for full-time employees or three days of shorter duration for part-time employees The 5-4/9 Pay Period Full-time employees have a 9 hour daily work requirement (with the exception of one 8-hour day per pay period) and an 80 hour biweekly basic work requirement. Work units establish a fixed tour of duty within the five day workweek, Monday through Friday, consisting of 9 hours per day for eight days and 8 hours for one days, allowing one fixed day off within each pay period

107 4.9 Fine Tuning At any time after the annual selection of work schedules, unanticipated contingencies, issues, or problems may come into play. It is expected that the supervisor and staff will need to work together to make adjustments to the schedule and/or change schedules to fit the functional needs of the office and the personal needs of the employees of the unit. The need to make such adjustments is expected and permissible. However, each work unit must select one specific schedule to which all employees in that unit must adhere Delegations of Authority Associate Directors and the Directors of Staff Offices, in respect to their offices, are delegated the authority to arbitrate disagreements arising from the implementation and exercise of AWS and to exclude an employee or group of employees from the AWS program and assign then a traditional fixed schedule. 5.0 Effective Date This Manual Section becomes effective on the date of issuance

108 MS 635: Absence and Leave Date: September 21, 2007 Partial Revision Office: M/HRM Supersedes: 7/21/07; 5/3/84; 5/21/76 Table of Contents Attachments Table of Contents 1.0 Purpose 2.0 References 3.0 Scope 3.1 Employees Covered 3.2 Employees Excluded 4.0 Definitions 5.0 Policy 5.1 Administration of Leave Responsibilities Recording of Leave 5.2 Sick Leave Sick Leave Administrative Responsibility Accrual of Sick Leave Full-time Employees Crediting of Sick Leave Accruals Employees Other Than Full-time Part-time Employees Intermittent Employees pay Status of Less Than a Full Biweekly pay Period Accrual While in Nonpay Status Periods of Disability Compensation Accumulation of Sick Leave Granting Sick Leave Notification to Supervisor Request and Approval of Sick Leave Amount of Leave Charged Sick Leave During Official Travel Sick Leave During Hazardous Weather Dismissals Substitution of Sick Leave for Annual Leave Abuse of Sick Leave Responsibility of Approving Officials

109 Action by Approving Officials Advance Sick Leave Approval Refunds for Advance Sick Leave Annual Leave in Lieu of Sick Leave Fitness for Duty After Extended Sick Leave Recredit and Transfer of Sick Leave Reemployment After Separation From Duty Reemployment as a Result of an Appeal 5.3 Annual Leave Administrative Responsibility Accrual of Annual Leave Full-time Employees Employees Other Than Full-time Qualifying Period pay Status of Less Than a Full Biweekly pay Period Accrual While in Leave Status Accrual While in Nonpay Status Limitations on Accumulation of Annual Leave Employees Stationed in the United States Employees Stationed Outside the United States Granting Annual Leave Approval Leave in Connection with Official Travel Employees Receiving Injury Compensation Substitution of Annual Leave Substitution of Annual Leave for Sick Leave Substitution of Annual Leave for Leave Without pay Terminal Annual Leave Payment Annual Leave While on Home Leave or Transfer Orders Granting Annual Leave in Advance of Accrual Repayment of Annual Leave Used in Excess of Entitlement Lump-sum Payment for Annual Leave Circumstances Governing Lump-sum Payment Computation of Lump-sum Payment Rate of pay Used in Computing Lump-sum Payment Retirement Deductions Taxes Refund of Lump-sum Payment Upon Reemployment Restoration of Forfeited Annual Leave Administrative Error Current Employees Former Employees Notification

110 5.4 Leave Without pay Submission of Claims Exigencies of the Public Business Illness or Injury Documentation Required to Restore Annual Leave Administrative Error Exigency of the Public Business or Sickness Restoration Request and Approval Authorities Separate Leave Accounts Time Limitation for use use of Restored Annual Leave Administrative Responsibility LWOP for Thirty (30) Days or Less Extended Leave Without pay Requesting Leave Without pay Charging Leave Without pay Minimum Time Allowed Holiday pay 5.5 Absence Without Leave (AWOL) 5.6 Maternity/Paternity Leave Absence for Maternity Reasons Length of Absence for Maternity Reasons Supervisor's Responsibility Advance Sick Leave for Maternity Absence for Paternity Reasons 5.7 Military Leave Eligibility Types of Military Duty Covered Requesting Military Leave Granting Military Leave Rescheduling Military Leave 5.8 Court Leave Eligibility Jury Duty Witnesses Granting Court Leave When Court Leave Will not be Granted Fees Jury Service Witness Service Leave Without pay Status Travel 5.9 Home Leave Authorities

111 5.9.2 Definitions Eligibility Earning Home Leave Granting Home Leave Repayment of Home Leave Costs 5.10 Funeral Leave Restriction Granting of Funeral Leave 5.11 Excused Absence Group Dismissals Individual Dismissals Eligibility for Excused Absence Per Annum Employees Per Diem and per Hour Employees Experts and Consultants Holidays U.S. Holidays Host Country Holidays Inauguration day Registration and Voting Time Allowed for Voting Time Allowed for Registration Service Centers Absence for Physical Examination Absence for Blood Donations Treatment for Injury Treatment for Illness Travel Time Taking Leave Other Than at Place of Residence Other Excused Absences Hazardous Weather Dismissal Responsibilities Director of Personnel Management (M/PM) Offices Directors Service Center Directors Country Directors Supervisors Procedure and Authority Hazardous Weather During Duty Hours Hot Weather Dismissal Supervisory Instructions 6.0 Effective Date Hazardous Weather Before Regular Work Hours Tardiness as a Result of Hazardous Weather

112 Attachments Attachment A Request for Leave or Approved Absence (MS635-A.pdf) Attachment B Home Leave Earning Table (MS635-B.html) Attachment C Home Leave Travel Authorization (MS635-C.doc) 1.0 Purpose This manual section establishes Peace Corps' policy and procedures on absence and leave. 2.0 References Title 5, United States Code (USC) Chapter 61 - Sections and Chapter 63 - Sections and (includes Annual and Sick Leave Act of 1951 as amended herein referred to as Leave Act). Federal Personnel Manual (FPM) Supplement and 2 and FPM Chapters 610 and 630. Volume 3, Foreign Affairs Manual (FAM) Sections 420, 430, 440, 460, 470 and 490. Volume 5, Code of Federal Regulations, (CFR) Parts 610 and Scope 3.1 Employees Covered All Peace Corps employees serving on full-time or part-time appointments, except as excluded in 3.2. Employees Excluded The following employees are excluded: Employees appointed by the President whose rate of basic pay is higher than the maximum rate under the Foreign Service Schedules. Intermittent employees for whom a regular tour of duty during each administrative workweek has not been established in advance. Foreign national employees who occupy positions outside the United States. See Volume 3, FAM, Sections 910 and 914 for applicable regulations. 4.0 Definitions The following terms commonly used for leave administration are defined for purposes of clarity: Accrued Leave - leave earned by an employee during the current leave year that is unused at any given time in that leave year. Accumulated Leave - the unused leave remaining to the credit of an employee at the beginning of a leave year. Administrative Workweek - the period beginning Sunday and ending Saturday. Advance Leave - leave (sick and annual) granted before it is earned. Break In Service - for purposes of this manual section, a break in service is one full workday between periods of employment. Contagious Disease - an illness or disease requiring isolation of the patient, quarantine, or restriction of

113 movement by the patient for a specified period as prescribed by health authorities having jurisdiction. Excused Absence - absence administratively authorized or approved which does not result in a charge to leave of any kind or in loss of basic salary. Furlough - temporary nonpay status and absence from duty by appointing authority because of lack of work, or funds, or military duty. Intermittent Employees - employees who work on an irregular basis for which there is no prearranged scheduled tour of duty. Leave for Maternity Purposes - a combination of as many as three kinds of leave (sick leave, annual leave and leave without pay) granted to female employees for physical examinations, confinement, and recuperation in connection with pregnancy. Leave for Paternity Purposes - leave (annual leave or leave without pay) granted to a male employee for purposes of assisting or caring for his minor children or the mother of his newborn child while she is incapacitated for maternity reasons. Leave Year - the period from the beginning of the first day of the first full pay period in one calendar year to the beginning of the first day of the first pay period In the next calendar year. Medical Certificate - written statement signed by a registered practicing physician, or other practitioner, certifying to the period of disability of an employee while under professional care and to the employee's ability to return to duty. Part-time Employees - employees who are appointed for less than 40 hours per week but for a definite number of hours on a prearranged scheduled tour of duty made at time of appointment. Permanent Employees - employees appointed without limitation as to length of service, wish an indefinite limitation, or for a definite period in excess of one year. Personal Certificate - a signed statement by the employee indicating the nature of the illness and the reason(s) why a medical certificate is not furnished. Restored Leave - annual leave held in a separate account as a result of an administrative decision to permit an employee to carry forward more than the maximum permitted. Suspension - temporary nonpay status and absence from duty required by the appointing authority for disciplinary reasons, or pending inquiry. Temporary Employees - employees appointed either full-time or part-time for a definite period of time not exceeding one year. Tour of Duty - the hours and days during the administrative workweek, fixed in advance, during which the employee regularly is required to be on duty. Travel Time - time actually and necessarily occupied by an employee in going to and from an overseas post of duty and such time as may be necessarily occupied in awaiting sailing or flight, as well as time spent in change to another official station within the United States of America. United States - the several states of the United States of America and the District of Columbia. Unliquidated Advance (or Overdrawn Leave) - that part of advanced leave which has not been recovered by earned leave or by refund. 5.0 Policy 5.1 Administration of Leave Responsibilities The administration of leave requires the operation of an orderly system whereby the rights of employees to earn, accumulate, and take leave are protected; and the administrative responsibilities of supervisory officials to grant, deny, credit, charge, transfer, and record leave are exercised legally and properly. Operating offices are responsible for the payroll aspects of leave administration, including the reporting of time and attendance, the methods of posting leave, and the maintenance of employees' official leave accounts, including separate leave accounts for restored annual leave. The Associate Directors, General Counsel, ORPS Service Center Directors, Directors of Staff Offices, and Peace Corps Country Directors are responsible for the administration of leave within these

114 certify time and attendance records is delegated to the immediate supervisor unless otherwise determined by his or her superior. The approving official shall: Assure that leave granted to an individual is legal and justifiable; Identify problems of leave abuses, tardiness and absenteeism and establish and/or recommend corrective measures; Request interpretation of these instructions and seek advice of personnel specialists as needed; Advise employees on leave matters; Insure that annual (vacation) leave Is scheduled for use so as to prevent loss of accrued leave at the end of the leave year and to assure that the functions of the office are not impaired; and Insure that restored annual leave Is used as expeditiously as possible. The employee is responsible for: Planning and requesting an annual (vacation) leave schedule early in the leave year for the approval of the supervisor; Requesting leave in advance for known time-off needs, e.g., dental, medical, and optical appointments, securing driving permit, attending conferences or conventions, etc.; Contacting the supervisor within two hours of the usual reporting time of the first day of absence to request leave when an emergency or illness occurs that prevents the employee from reporting to work; and Providing medical and personal certificates or other evidence as required by these instructions Recording of Leave All leave will be computed and recorded in units of one hour, except that absences without leave (AWOL) will be charged In an exact amount of time to the minute. Absences on separate days are not combined, e.g., If an employee is absent a half hour on two separate days, the minimum charge for each day is one hour. 5.2 Sick Leave Sick leave is an absence of duty with pay requested by an employee for health reasons Sick Leave Administrative Responsibility It is the responsibility of supervisors to approve requests for sick leave for any of the reasons prescribed in paragraph If there is doubt as to whether the employee's absence is due to any of these reasons, the supervisor will satisfy himself or herself on this point before approving the charge to sick leave. (Authorities for approving advance sick leave are described in paragraph below.) Accrual of Sick Leave Under the provisions of the Annual and Sick Leave Act of 1951, as amended, sick leave accrues as follows: Full-Time Employees Full-time employees, both within and outside the continental United States, including permanent, Indefinite, limited, and temporary employees, accrue sick leave at the rate of one half day (four hours) for each full biweekly pay period while In pay status or combination of pay and non-pay status, provided non-pay status totals less than 80 hours

115 Crediting of Sick Leave Accruals Sick leave Is credited at the beginning of the biweekly pay period In which it is earned and is available for use during or after that pay period. The credit for the current pay period is not considered as "advance" leave unless the employee is separated before the end of the pay period Employees Other Than Full-Time Part-time Employees Part-time employees (employees having a regular prearranged tour of duty of specific hours or days in the administrative workweek, but less than a full workweek) accrue sick leave at the rate of one hour each 20 hours in pay status Intermittent Employees Intermittent employees (employees not having a regular prearranged tour of duty) are excepted from the provisions of the Leave Act and, therefore, are not entitled to earn sick leave Pay Status of Less Than a Full Biweekly Pay Period Sick leave will not be earned for periods in pay status of less than a full biweekly pay period where the employee enters or leaves the service during a biweekly pay period. Sick leave will be prorated for fractional pay periods occurring within the continuity of employment when the service of the employee is interrupted by a nonleave earning period. An employee is entitled to such a credit when he or she transfers between positions with different pay periods or undert circumstances such as immediately prior to or following a pay period when the employee: Is receiving disability compensation under the employee's compensation act; Exercises regulatory or statutory restoration rights after military service in the Armed Forces; or Is returned to a position after a period of unwarranted suspension or removal for which retroactive compensation is paid Accrual While in Nonpay Status A full-time employee earns sick leave while in a nonpay status provided the nonpay status totals less than 80 hours. When the aggregate of nonpay status equals the number of hours in one pay period (80 hours) or multiples thereof within the leave year, the credits for sick leave will be reduced by the amount earned during one pay period (four hours) at the time the 80 hour total is reached. In determining the reduction of sick leave accruals, when an employee has one or more breaks in service during the year, all hours in nonpay status must be included for each period of service during the leave year in which leave accrued. Leave without pay during fractional pay periods at the beginning or end of employment, when the employee does not accrue leave, is disregarded when computing the reductions described above Periods of Disability Compensation An employee who is absent, on leave without pay, because of injury received in the line of duty does not accrue sick leave for the Period for which he or she is paid disability compensation by the Office of Workers Compensation Programs

116 Accumulation of Sick Leave Sick leave not used in the year in which it accrues shall accumulate without limitation and be available for use in succeeding years. Also, an employee's total accrual of unused sick leave is creditable time toward the length of service for retirement in annuity computation and therefore may increase the amount of the employee's monthly retirement benefit. The days of unused sick leave cannot be added for the purpose of meeting length of service required for retirement eligibility Granting Sick Leave Sick leave may be granted: When an employee is incapacitated for the performance of his or her duty by sickness, injury, or pregnancy and confinement. (Employees who are injured in the line of duty and who are eligible for injury compensation may not be granted sick or annual leave if they elect to receive injury compensation during the period of absence. Such employees will be retained in a leave without pay status for the period of absence during which they are receiving injury compensation.) For medical, dental, or optical examination or treatment. When an employee is required to give care and attendance to a member of the employee's immediate family who is afflicted with a contagious disease (as defined by the attending physician) or when through exposure to a contagious disease, the presence of the employee at his or her post of duty would jeopardize the health of others. When an employee who was sick dies before receiving administratively approved sick leave, the agency may grant (without a sick leave application) sick leave in accordance with existing regulations. Such leave may be approved only for the period of absence immediately prior to the employee's death. To a disabled veteran in order that the veteran may receive medical treatment. If the veteran has no sick or annual leave, leave without pay must be granted. The granting of leave is obligatory if all the following conditions are met: The veteran presents an official statement (that treatment is necessary) from a properly licensed medical practitioner or an official of a government hospital; He or she notifies the supervisor far enough in advance to permit arrangements for carrying on the work in the employee's absence; and He or she states in the notice to the supervisor the days on which he or she expects to be absent and the number of hours that will be required Notification to Supervisor An employee who is absent on account of sickness is personally responsible for contacting the supervisor to request leave or having the supervisor notified within two hours of the usual reporting time on the first workday of such absence. Absence for any of the sick leave purposes, when known to the employee sufficiently in advance (such as in most cases of medical, dental, or optical treatment or examinations) must have approval prior to the beginning of the leave Request and Approval of Sick Leave A medical certificate is required: For any advance sick leave. For the use of earned sick leave in excess of three consecutive workdays. However, when the

117 employee is unable to obtain the services of a physician or the illness does not require such services, the employee's written explanation of the facts, together with his or her personal certificate is sufficient if acceptable to the approving officer. In any case, the approving officer's signature is required on the SF-71 which is forwarded to the timekeeper to be maintained and filed with the employee's PC-1547 form during the pay period in which the employee returns to work. (Paragraph below addresses suspected abuse of sick leave.) When an employee has been granted sick leave to care for a member of the immediate family who is ill at home with a disease requiring isolation, quarantine, or restriction of movement for a specified period of time, the total period for which sick leave may be charged will be the period prescribed by the local health regulations for such isolation, quarantine, or restriction. If a length of time is not prescribed by the local health regulations, the period which may be charged to sick leave is the period prescribed and certified to by the attending physician. The medical certificate should indicate: the sick leave was used to care for a Particular member of the family; the disease of such member; the period of isolation or restriction cited by health regulations or prescribed by the physician for such disease; and certification by the physician that the statements on the medical certificate are true and correct. When an employee is granted sick leave because of exposure to a contagious disease and presence at the post of duty would jeopardize the health of others, an explanatory medical certificate from a doctor shall be required. Standard Form 71 shall be submitted within the pay period when the employee returns to duty except in the case of a request for advance sick leave which shall be submitted in accordance with paragraph below. After approval by the leave approving supervisor, the SF-71 shall be sent to the timekeeper responsible for keeping the employee's time, in the case of advance sick leave the routing prescribed by paragraph below shall be followed Amount of Leave Charged The minimum charge for sick leave is one hour; additional leave is charged in multiples of one hour. Sick leave absence may not accumulate from day to day for the purpose of charging units of hours. (See example in above.) However, if an employee is absent one and one-half hours in the morning and one half hour later the same day, he or she also will be charged two hours sick leave for that day Sick Leave During Official Travel In the event an employee becomes ill while in official travel status, the period of time for which the travel status is interrupted because of illness will be charged to sick leave Sick Leave During Hazardous Weather Dismissals In the event of hazardous weather dismissals, an employee on scheduled sick leave with no expectation of return to duty before the close of workday will be charged sick leave as if the dismissal had not occurred Substitution of Sick Leave for Annual Leave Sickness which occurs while an employee is in annual leave status may be charged to accrued sick leave and the charge against annual leave reduced accordingly Abuse of Sick Leave Responsibility of Approving Officials

118 Approving official are responsible for reviewing the circumstances surrounding indiscriminate or seemingly excessive use of sick leave to determine whether there is a proper use of sick leave. If a leave approving official determines that there is an abuse of sick leave, that official is responsible for correcting the situation Action by Approving Officials Leave approving officials who suspect abuse of sick leave should first counsel the employee about the proper use of sick leave (see paragraph of this manual section). If excessive and indiscriminate use of sick leave continues, the leave approving official may require the employee to provide a medical certificate for all future sick leave absences. Such requests must be based on sound judgment and reasonableness. Advance notice in writing will be given to an employee when such a certificate is required. The notice must contain, as a minimum, the following: The specific reason(s) for requesting the medical certificate; The duration of this requirement (not more than four months); A statement that requests for approval of sick leave not supported by a medical certificate will not be approved, and will be charged to absence without leave (AWOL) or annual leave, as appropriate; and A statement that repeated instances of AWOL may lead to disciplinary action. The Employee Relations Specialist, Office of Personnel Management will provide advice and guidance to supervisors concerning matters covered by this paragraph Advance Sick Leave In cases of serious disability or ailment, sick leave may be advanced after the employee's sick leave accrual is exhausted. Advance sick leave may be granted for any number of hours or days but it can not exceed 30 days (240 hours). Subject to the limitations listed below, sick leave may be advanced to employees who plan to return to duty: Advance sick leave for an employee on a time limited appointment shall not exceed the amount of sick leave that would accrue during the remaining period of the appointment. Requests for advance sick leave may not be approved after an employee has received notice of separation or furlough by reduction-in-force. However, if an advance has been approved prior to receipt of such notice, the leave approving official may decide whether further use of advance sick leave should be curtailed when the notice is received. A request for advance sick leave should be made in advance of the absence, if possible. Failure to request advance sick leave prior to exhaustion of accrued sick leave may result in the absence being charged to annual leave or leave without pay. Sick leave will not be advanced to employees serving probationary or trial periods. Sick leave indebtedness, as a result of a grant of advance sick leave, will be reduced by the employee's subsequent sick leave accruals. Any additional sick leave granted while an outstanding sick leave indebtedness exists must be treated as a further advance and not as a grant of "earned" sick leave toward current accrual Approval Within the restrictions set forth in paragraph below, Associate Directors, Heads of Staff Offices, and the General Counsel may approve requests for advance sick leave for employees under their respective jurisdiction. This authority may be redelegated

119 Requests for advance sick leave must be supported by Standard Form 71 "Application for Leave", signed by the employee and a medical physician. Employees will be granted advance sick leave provided they have not been under an abuse of sick leave notice during the six months preceding the request for advanced sick leave Refunds for Advance Sick Leave Except as set forth in the following paragraph, an employee granted advance sick leave who is separated before he or she earns sufficient sick leave to repay the sick leave indebtedness is required to make a refund for the unearned portion. The refund should be made in accordance with the leave regulations in effect at the time the advance leave was used, and at the salary rate or rates at which the employee was paid for the leave. No refund is required for sick leave which has been advanced and is unliquidated at the time of separation by death, retirement for disability, or in case the employee is unable to return to duty because of disability (if evidence is furnished in the form of an acceptable medical certificate) Annual Leave in Lieu of Sick Leave Approved absence otherwise chargeable to sick leave may be charged to annual leave if requested by the employee before the time the employee has exercised the right to have sick leave charged for an absence and approved by the agency. The Comptroller General has held that substitution of annual leave for sick leave previously granted may not be made retroactively, except for the liquidation of advanced sick leave, and even then only when the substitution is made before the time the annual leave would otherwise have been forfeited and the agency, if requested, would have granted time off for leave Purposes Fitness for Duty After Extended Sick Leave Some employees, although under the care of their doctor, may knowingly or unknowingly return to duty before they are physically able to perform their duties. In the interests of such employees, depending on the nature of their disability, the employee should submit to a fitness-for-duty medical examination and/or complete a Standard Form 177 "Statement of Physical Ability for Light Duty Work", as appropriate. In such cases, the employee should normally be requested to undergo the fitness-for-duty examination prior to returning to duty, and have his or her doctor certify to physical ability to perform the duties of the position under the "Remarks" section of the SF-7 1. If the employee fails to comply with the supervisor's request, he or she may be directed to have a fitness-for-duty medical examination at Peace Corps' expense. When the supervisor requests or directs the employee to take a medical examination he or she must explain to the employee in writing the basis for this request. The Employee Relations Specialist, Office of Personnel Management, will provide advice and assistance to supervisors concerning employee fitness-for-duty medical examinations Recredit and Transfer of Sick Leave Reemployment After Separation From Duty Upon federal reemployment of a former employee who was subject to the Leave Act and who previously separated without either a break in federal service or a break in service, not in excess of three years, the employee's leave balance will be credited to the new employing agency for credit or charge to the employee's account. When sick leave is transferred between different leave systems, without a break in service, seven calendar days of leave are considered equal to five workdays

120 When an employee transfers to a position under a different leave system, to which he or she can transfer only a part of the sick leave, the untransferred leave will be recredited if the employee returns within three years to the leave system under which it was earned Reemployment as a Result of an Appeal An employee who is restored to a position as a result of an appeal will have the sick leave in his or her account at the time of separation certified for credit or charge. 5.3 Annual Leave Annual leave is an absence from duty with Pay requested by an employee for vacation, personal reasons, or emergency, and chargeable against annual leave credits Administrative Responsibility Leave planning and the approval of annual leave is an administrative responsibility of supervisors. Supervisors will provide employees with the opportunity during the month of January--with quarterly updates during the months of April, July, and October--to schedule their vacation annual leave for the entire year. Because annual vacations are important in maintaining health, morale, and efficiency, every reasonable effort, consistent with the needs of the office and equity to other employees, shall be made to Permit employees a scheduled vacation period. In addition to approving annual leave for vacations, supervisors should be liberal in granting requests for annual leave to attend conventions of veterans, scientific, professional and technical societies, and fraternal and other organizations which may be of benefit to the wide and varied interests of Peace Corps employees. Generally, it is the policy of Peace Corps to grant earned annual leave as requested, when workload and equity permit Accrual of Annual Leave Full-time Employees Full-time employees inside or outside the continental United States (including permanent, limited, unlimited, indefinite, and temporary employees) accrue annual leave as provided in the paragraphs below, depending on length of creditable federal service. A change to the next higher rate of accrual as noted below will take effect at the beginning of the pay period following that in which the employee completes the prescribed period of service. Service from date of appointment but less than three years --one half day (four hours) for each full biweekly pay period. Total service of three or more but less than 15 years --three fourths of a day (six hours) for each full biweekly pay period until the last full pay period of the calendar year, when the accrual will be one and one-fourth days (ten hours). Total service of 15 years or more - one day (eight hours) for each full biweekly pay period Employees Other Than Full-Time Intermittent and WAE (when actually employed) employees (i.e., employees who do not have a regular prearranged tour of duty) are excepted from the provisions of the Leave Act and, therefore, are not entitled to earn annual leave. Part-time employees (i.e., employees having a regular prearranged tour of duty of specific hours of days

121 longer, accrue annual leave as follows: Service from date of appointment, but less than three years--one hour for each 20 hours in pay status. Total service of three or more but less than 15 years--one hour for each 13 hours in pay status. Total service of 15 or more years--one hour for each 10 hours in pay status Qualifying Period An employee whose appointment is for 90 days or longer earns and may be granted annual leave beginning with the first day of the first full biweekly pay period following appointment. If an appointment of less than 90 days is extended for an additional 90 days or more, without a break in service, the extension is considered to be a new appointment and the employee earns and may be granted leave beginning immediately with the extension. However, leave earned under the initial appointment may be credited retroactively only after a total of 90 days service under the combined appointments has been completed. If an appointment of less than 90 days is extended for another period of less than 90 days, leave earned during the initial appointment of less than 90 days is credited retroactively and may be used upon completion of 90 days service under the combined appointments. Examples: Type of Appointment Leave Entitlement Retroactive Credit Temporary NTE 60 days Extension of 60 day appointment for 60 additional days None On completion of 90 consecutive days of service N/A Leave is credited from the date of the initial appointment may be used upon the completion of 90 consecutive days of service. An employee who must complete a 90 day qualifying period to be entitled to leave under the provisions of paragraph may not substitute annual leave for leave without pay granted during the qualifying period Pay Status of Less Than a Full Biweekly Pay Period Annual leave may not be earned for periods in pay status of less than a full biweekly pay period when an employee enters or leaves Peace Corps service. Annual leave will be credited on a pro rata basis for fractional pay periods occurring within the continuity of employment when the employee's biweekly pay period is interrupted by a nonleave earning period for the following reasons: Transferred between positions with different pay periods; Disability compensation under the Employee's Compensation Act; Exercised regulatory or statutory restoration rights after service in the Armed Forces; and Restoration to pay status after a period of unwarranted suspension or removal for which retroactive compensation is paid Accrual While in Leave Status An employee earns leave while in any type of leave with pay status except that leave does not accrue on a period covered by lump-sum payment for annual leave

122 Accrual While in Nonpay Status A full-time employee earns leave while in a nonpay status in the following situations: If the total nonpay status is less than 80 hours. When the aggregate of nonpay status equals 80 hours or multiples thereof within the leave year, the credits for annual leave will be reduced by the amount earned during one pay period at the current accrual rate. In computing the 80 hour total(s), do not include any leave without pay charged during pay periods when leave accruals were not allowed, e.g., when an employee enters or leaves the service during a biweekly pay period. If the employee is not receiving injury compensation. An employee does not accrue leave for any time on leave without pay (LWOP) which is covered by payments from the Office of Workers Compensation Programs Limitations on Accumulation of Annual Leave Employees Stationed in the United States The maximum amount of annual leave an employee may accumulate and carry forward from one leave year into a succeeding leave year may not exceed a ceiling of 240 hours (30 days). Employees with a "personal ceiling" who accumulated annual leave in excess of 240 hours (30 days) at the end of the 1952 leave year, and have not reduced or liquidated such accumulation, may carry over this leave into succeeding years until used. Any leave earned in the current leave year, which may not be carried forward to the new leave year because of the above ceiling restrictions, must be used before the new leave year, or be forfeited. When an employee leaves a post in which he or she has been eligible for a maximum accumulation of 45 days (360 hours) of annual leave, the maximum amount of annual leave that may be carried forward into the next leave year shall not exceed 45 days (360 hours) or the personal ceiling if it exceeds 45 days. The determination as to the amount which may be carried forward shall be made as of the end of the pay period which includes the date: On which the employee departs from the post of duty, except when required to perform duty enroute to a post in which he or she would be subject to the 45 day maximum accumulation Provisions, then the date shall be the date he or she ceases to perform such duty; or On which final administrative approval is given to effect a change in the employee's duty station when on detail or on leave in the United States, the Commonwealth of Puerto Rico, or a possession of the United States and originally recruited or transferred from these locations Employees Stationed Outside the United States An employee serving outside the United States may accumulate 45 days (360 hours) of annual leave unless he or she is entitled to a greater accumulation under the savings provisions of the Leave Act if he or she is in one of the following categories: Recruited directly or transferred by the federal government from the United States, the Commonwealth of Puerto Rico, or possessions of the United States to a Peace Corps overseas post. Hired locally overseas by Peace Corps but originally recruited from the United States, Puerto Rico, or a United States possession. In addition the person was in substantially continuous employment by federal agencies, United States firms, international organizations in which the United States participates, or foreign governments; and the conditions of employment provided for the return transportation to the place from which recruited. Hired locally, but at the time of overseas Peace Corps employment, was temporarily absent from

123 the United States (or Puerto Rico and United States possessions) for the purpose of travel or formal study; and has maintained residence in the United States or Puerto Rico, or its possessions, during the temporary absence. Hired locally overseas by Peace Corps and did not normally live in the foreign area involved but was discharged from the United States Armed Forces there to take a civilian position in a federal agency Granting Annual Leave Approval Granting annual leave in Peace Corps is subject to approval as follows: All employees must secure advance approval of annual leave from their supervisor except when, because of unforeseen circumstances, it is necessary for an employee to be absent for reasons chargeable to annual leave and it is not possible to obtain approval in advance. In such cases, the employee must normally contact or transmit notice to the supervisor within two hours of the usual reporting time of the beginning of the first workday of absence to request leave. The employee is personally responsible for the delivery of such messages and obtaining leave approval. Upon returning to work, the employee will submit to the supervisor an appropriate leave request on the SF- 71 unless the employee's return to duty is in the same pay period for which the employee and the supervisor both certify the PC All annual leave of three or more days must be requested in advance using Standard Form 71 "Application for Leave", except as provided in the paragraph above. The employee will be notified of approval or disapproval of the request. After approval by the leave approving officer, the Standard Form 71 will be sent to the timekeeper maintaining the employee's PC-1547 "Individual Time Certification Sheet" Leave in Connection with Official Travel An employee who Plans to take annual leave in excess of three (3) days while on international travel must have the leave approved in advance by the appropriate Associate Director or by the Director of the Peace Corps (for travel by Associate Director or employees in staff offices reporting to the Director). The employee' s immediate supervisor may approve annual leave of three days or less Employees Receiving Injury Compensation Employees disabled in the line of work who are eligible for workers compensation payments and who elect to receive such compensation may not be granted annual and/or sick leave for any time covered by such payments. In such cases, employees will be in a leave without pay status for the period of absence during which they are receiving injury compensation Substitution of Annual Leave Annual leave may be substituted in a number of ways Substitution of Annual Leave for Sick Leave Advance sick leave may be liquidated by a charge against annual leave, provided: Annual leave is charged prior to the time it would be forfeited, and The annual leave would have been granted to the employee

124 NOTE: Where a proper charge of sick leave has been made, annual leave may not be substituted later for the purpose of avoiding forfeiture of annual leave Substitution of Annual Leave for Leave Without Pay Annual leave may be substituted for leave without pay when: An employee is placed in a leave without pay status because the leave balance had not been transferred in from another federal agency at the time the employee took leave. An employee is placed in leave without pay status because of an error on leave balance or misunderstanding, and annual leave could have otherwise been granted Terminal Annual Leave Payment Employees are entitled to payment, on separation, for all annual leave credited to the employee. In cases of separation, e.g., resignation or retirement, an employee will not be allowed to use annual leave for which a lump-sum payment can be made (see paragraph ) Annual Leave While on Home Leave or Transfer Orders Employees on home leave or transfer orders may, following completion of their overseas tour, take annual leave during the course of travel without obtaining concurrence of the Director of Peace Corps or the Country Director. Such leave, however, must be approved in advance by the director of the office to which the employee reports, with notification to the Directors, Office of Personnel Management (M/PM) and the Accounting Division (M/FM/A). Approval of the Director of the Peace Corps is required if more than two days leave is requested during travel on midtour transfer orders, i.e, when the employee is transferring to Peace Corps/W or to another overseas post prior to the completion of the prescribed tour of overseas duty Granting Annual Leave in Advance of Accrual An employee may be granted annual leave up to the amount he or she will earn by the end of the appointment or the leave year, whichever occurs first. However, in granting an employee annual leave in excess of the amount actually earned, the supervisor authorized to approve leave must have reasonable assurance that the employee will be in a duty status long enough to earn the leave granted before the end of the leave year Repayment of Annual Leave Used in Excess of Entitlement Employees are required to refund the full amount of any annual leave that may have been credited and/or used in excess of entitlement because of administrative error. In order to provide for repayment without imposing a significant financial hardship on employees, repayment of such leave may be made under the following options: Lump-sum payment in dollars equivalent to the dollar value of the leave at the time it was used; Lump-sum payment in an equivalent amount of accrued annual leave; Installment payments in dollars equivalent to the dollar value of the leave at the time it was used; or Installment payments in annual leave, that is, a charge against later- accruing annual leave. Employees who are requested to make refunds because of administrative error will be granted the right to

125 choose from among the above options, provided that repayment is made within a reasonable period of time, as determined by the Director, Accounting Division (M/FM/A). In all cases, leave or dollars must be repaid from employee entitlements, either before or after separation Lump-sum Payment for Annual Leave Under the provisions of 5 USC 5551, and 5552, a lump-sum payment is made for unused annual leave upon separation of an employee in certain cases Circumstances Governing Lump-sum Payment Lump-sum payment is mandatory in the following instances: Separation from the federal service, either voluntary or involuntary (terminal annual leave may not be granted after it is known that the employee is to be separated). Transfer to a position to which leave is not transferrable. Death while in the federal service (upon proper claim by the person entitled to receive payment). Lump-sum payment is made at the employee's election upon furlough for military service. The Personnel Staffing Specialist will give employees being furloughed or separated for military service a full statement of the options with respect to the disposition of annual leave. This option applies only to leave in a regular account. Unused restored annual leave in a separate account must be liquidated by lump-sum payment. For positions under the Annual and Sick Leave Act of 1951, as amended, lump-sum payment for annual leave is not made when an employee goes without a break in service of as much as one workday from a permanent to a temporary appointment or vice versa, or between two temporary or two permanent appointments. The leave is transferrable and is available for use in the new Position even though the new appointment is for less than 90 days. Survivors of employees who die while in federal service will be entitled to lump- sum payments for all accumulated and current accrued annual leave to the credit of the employee at the time of death Computation of Lump-sum Payment An employee is entitled to receive a lump-sum payment for accumulated leave to his or her credit as of the effective date of the action which governs payment. For the purpose of this paragraph accumulated leave means: Regular carry-over balance from the previous leave year; if any, plus Accrued and unused annual leave during the current leave year; if any, plus Any unused restored annual leave maintained in a separate account as explained in paragraph Rate of Pay Used in Computing Lump-sum Payment Lump-sum payment will be made at the salary rate shown on the separation action, except that the payment or a portion of it will be increased or decreased in rate by any pay change due within the period covered by the payment if, on or before the effective date of the action on which lump-sum payment is based, (a) such change was provided by law or regulation, and (b) the employee had become subject to such provision Retirement Deductions

126 No retirement deductions are made from lump- sum payments Taxes The lump-sum payment is separate from the last salary payment but federal income tax and local income tax, where applicable, are withheld as if this payment represented the biweekly salary. F.I.C.A. (Social Security) taxes will be withheld on any portion of the lump-sum settlement that is taxable under the Federal Insurance Compensation Act Refund of Lump-sum Payment Upon Reemployment When an employee who has received a lump- sum payment for annual leave re- enters the federal service, he or she is required to pay a refund for any unexpired portion of the period covered by lump-sum payment (at the salary rate at which the lump-sum payment was paid) and a corresponding amount of leave is credited to the employee in the new position, regardless of the duration of the new appointment. This requirement also applies where the new appointment is for part-time (with a regular tour of duty) but does not apply where the new appointment is on an intermittent ("when actually employed, WAE") basis (without a regular tour of duty) since the latter type of appointment is not subject to the Leave Act. Restored annual leave included in lump-sum payments is not subject to refund and may not be recredited upon reemployment Restoration of Forfeited Annual Leave Public Law , effective December 14, 1973, authorizes the temporary restoration of annual leave in excess of the maximum permissible carry-over, as defined in Paragraph , to employees who forfeited their annual leave due to administrative error, exigencies of the public business, or sickness Administrative Error Current Employees In order for annual leave to be restored to current employees because of administrative error, it must have been accruable after June 30, 1960, even though the error may have occurred before this date. For the purpose of this manual section, an employee found to have undergone an unjustified or unwarranted personnel action entitling the employee to back Pay under U.S.C. Title 8, Section 5596 is not entitled to exceed the normal maximum amount of annual leave permitted. Unjustified and unwarranted personnel actions are not considered administrative errors Former Employees Former employees are not entitled to restoration of their leave, but may receive payment for annual leave which was forfeited due to administrative error. The administrative error may have occurred at any time during the employment period, but the leave accumulation for error correction purposes is limited to that which otherwise would have been earned after June 30, Former employees, who separated prior to December 14, 1973, may receive lump-sum payment for forfeited annual leave even when the error is not discovered until after separation was effected. However, a claim must be filed within three years of discovery of the error. Former employees, who separated on or after December 14, 1973, are entitled to a lump-sum payment for annual leave forfeited due to administrative error. The claim for payment must be filed within three years immediately following the date of discovery of

127 someone acting on his or her behalf. Payment for leave forfeited under this provision is to be made by the last agency of employment at the salary rate in effect when the lump-sum payment provisions on Section 5551 of Title 5 U.S.C. last became applicable to the former employee. Payment is made by the last employing agency even though the error and forfeiture of leave may have occurred while the former employee was employed by another agency Notification If the error is discovered by an agency, that agency must notify the former employee of his or her entitlement to payment along with instructions on how to file the claim. Sending a notice to the employee's last known address, or when it is known that the employee has died, fulfills the agency' s obligation regarding notification Submission of Claims Submission of claims by former employees, separated before or after December 14, 1973, will be made to the Director, Accounting Division and requires the approval of the Associate Director for Management prior to payment Exigencies of the Public Business In order for annual leave which has been forfeited because of exigencies of the public business to be considered for restoration, a decision that an exigency exists and that it is of such importance that employees cannot be excused from duty must be made in advance of the cancellation of scheduled leave; the annual leave must have been scheduled in advance of the third biweekly pay period prior to the end of the leave year. The employee's supervisor must clearly demonstrate the importance of the operational demands precluding the use of scheduled leave, and that there is no reasonable alternative to the cancellation of scheduled leave for the affected employee. The documentation requirements outlined in paragraph must be met. A specific beginning and ending date of the exigency must be fixed, in advance, unless the suddenness or uncertainty of the circumstances prevent advance decisions. Generally, the next management official above the employee's supervisor will decide on the request to cancel leave. However, decisions regarding the exigency or the cancellation of leave must be made outside the immediate organizational unit affected by the exigency and may not be made by any employee whose leave would be affected by the decision. After this approving official has reviewed the documentation and approved the request for permission to cancel the scheduled leave, the supervisor who submitted the request is notified. The supervisor must then follow the provisions listed in in order to have the employee's forfeited leave considered for restoration Illness or Injury An employee who, because of illness or injury, is unable to use pre-scheduled annual leave before forfeiture, may have the leave restored if it is shown conclusively that the injury or illness interfered with using the annual leave. The employee's supervisor must clearly demonstrate that: The period of absence due to the illness or injury occurred at such a time late in the leave year or was of such duration that the annual leave could not be rescheduled for use before the end of the year to avoid forfeiture; and The annual leave was scheduled in advance, in writing (see documentation requirements outlined in paragraph )

128 Illness or injury; i.e., a medical or physical condition for which a grant of sick leave would be approved, is not in itself a basis for permitting annual leave to be forfeited and subsequently restored for later use. Supervisors still have the responsibility to schedule or reschedule the use of annual leave to avoid forfeiture even though an absence period of sickness occurs during the year. This is especially true where it is known in advance that a medical or physical condition will require an absence prior to the end of the leave year Documentation Required to Restore Annual Leave Administrative Error If official records are not available to substantiate the amount of annual leave to be restored, an estimate of the employee's leave account is acceptable when accompanied by official statements clearly reflecting the factors which form the basis for the estimate. A leave audit will be performed subsequent to approval of the restoration, but before an actual restoration is accomplished Exigency of the Public Business or Sickness In order to meet the statutory requirement that annual leave be restored because of the urgency of public business or illness or injury to the employee, the leave must have been scheduled in advance, and the scheduling and rescheduling must be in writing and must include the following: The calendar date leave was scheduled, i.e., approved by the official having authority to approve leave; The date(s) during which the leave was scheduled for actual use and the amount of leave (days/hours) that was scheduled for use; Reason(s) for subsequent cancelling of approved leave (e.g., if because of an exigency of the public business, documentation must include the beginning and ending dates of the exigency and a copy of the approval actions outlined in ); The calendar date the cancelled leave was rescheduled for use; and The date(s) during which the leave was rescheduled for use and the amount of leave (days/hours) that was rescheduled for use. The Standard Form 71 "Application for Leave" may be used to document the actions supplemented as required Restoration Request and Approval Authorities In order to have annual leave restored which may be forfeited through exigencies of the public business or illness or injury, the affected employee's supervisor must submit the appropriate documentation listed in to the Director of Peace Corps, through the Office of Personnel Management. Only the Director or his or her Deputy may approve the restoration of annual leave for Peace Corps employees. A copy of all approvals of restored leave made under the authority of this manual section must be sent to the Director, Accounting Division, (M/FM/A). A copy of all documentation on which the decision to restore leave was made must also be forwarded Separate Leave Accounts Restored annual leave must be credited to a separate leave account. The amount of restored leave does not in any way increase or change the employee's normal maximum permissible carry-over of annual leave into a new leave year as set forth in paragraph of this manual section. The timekeeper for the

129 restored under the provisions of this manual section Time Limitation for Use The maximum time limit for use of restored leave, is the end of the leave year in which the second anniversary date of restoration occurs. Example: Date Leave Restored September 11, 1975 Time Limit for Use of Restored Leave End of 1977 leave year Leave not used within the required time limit will be forfeited with no further right to restoration Use of Restored Annual Leave The procedures outlined in paragraph of this order regarding the request and approval for the use of annual leave will be followed, except that leave approving officials and employees have a mutual obligation to plan and schedule the use of restored leave as expeditiously as circumstances permit, but not longer than the specified two year limit. Annual leave of employees with restored unused leave should be charged first against the restored leave account. Thus, annual leave taken by an employee with a restored leave account of 10 days, will be charged against the 10 days first. Leave approving officials are responsible for ensuring that approved annual leave is charged accordingly. 5.4 Leave Without Pay Leave without pay (LWOP) is temporary nonpay status and absence from duty approved upon the employee's request. Normally leave without pay is requested when other leave such as sick leave or annual leave is exhausted or not available for use Administrative Responsibility The approval of leave without pay is a matter of supervisory administrative discretion and may not be demanded as a right by an employee, except that: Employees accepted as Volunteers shall be granted leave without pay if they request it; Disabled veterans are entitled to leave without pay for the purpose of medical treatment (Executive Order 5396); and Reservists and National Guardsmen are entitled to leave without pay if necessary to perform military training duties (38 USC ) LWOP for Thirty (30) Days or Less Leave without pay for 30 days or less may be granted for medical or emergency reasons by supervisors with delegated authority to approve such leave Extended Leave Without Pay Extended leave without pay for periods exceeding 30 days may be granted by Associate Directors, the General Counsel, and Office of Recruitment, Placement and Staging Service Center Directors, Country Directors, Heads of Staff Offices, or higher authority. The initial period of extended leave without pay

130 be accompanied by Standard Form 71 "Application for Leave" and a written statement justifying the request. Each request for leave without pay should be examined closely to as sure that value to the Government or serious needs of the employee are sufficient to offset certain agency costs and administrative inconveniences such as: encumbrance of a position, loss of needed services, obligation to provide employment at the end of the leave period, full credit for six months of each year of absence toward retirement, and 12 months coverage on group life insurance and health benefits. As a basic condition for approval of extended leave without pay, there should be reasonable expectation that the employee will return to duty at the end of the approved period. In addition, it should be apparent that one or more of the following benefits should result: increased job ability, protection or improvement of employee's health, retention of a desirable employee, or furtherance of a program of interest to the Government (e.g., Peace Corps Volunteer) Requesting Leave Without Pay Leave without pay for 30 calendar days or less must be requested by submitting Standard Form 71 "Application for Leave". Except for emergency situations, all applications for leave without pay for more than 30 days must Include a completed Standard Form 71 "Application for Leave" and a statement from the employee justifying the request for such leave. If leave without pay for more than 240 hours (30 days) Is approved, the approving official must submit an SF-52 "Request for Personnel Action" to the Office of Personnel Management whereupon an SF-50 "Notification of Personnel Action" will be processed Charging Leave Without Pay Minimum Time Allowed One hour is the minimum charge for leave without pay, and additional time is charged in multiples of one hour Holiday Pay An employee granted leave without pay for a definite period approved In advance who reports for duty on the next workday following expiration of the leave without pay, Is entitled to compensation for a holiday occurring between the date leave without pay expires and the date of return to duty. However, If leave without pay I.s approved through a date which Is a holiday, the employee Is not entitled to compensation for the holiday even though he or she reports for duty on the first workday thereafter (13 Comp. Gene 206). 5.5 Absence Without Leave (AWOL) An absence from duty which was not authorized or for which a leave request has been denied Is charged on the leave record as absence without leave. An employee who is absent without leave must explain to the Immediate supervisor, at the earliest practicable time, the cause of the absence and the reason for failure to properly request permission to be absent. At the supervisor's discretion, an employee may be requested to explain I.n writing the reason( s) for the unauthorized absence and failure to properly request leave. If it is determined that an employee was absent from duty for insufficient cause, that period of absence will be charged as absence without leave (AWOL), and pay wi.ll be forfeited for the entire period. Further, the employee may be disciplined through a reprimand, a suspension, or removal If the absence from duty was for insufficient cause or the employee fails to satisfactorily account for the failure to properly request permission to be absent. The Employee Relations Specialist, Office of Personnel Management (M/PM), will provide advice and guidance to supervisors concerning such disciplinary matters

131 5.6 Maternity/Paternity Leave Absence for Maternity Reasons The employee should submit notice, at least 6 weeks in advance, of the first day of planned leave for maternity reasons. In requesting leave (sick leave, annual leave, or LWOP) for maternity reasons, an employee must present a statement from her medical doctor stating the date the employee is determined to be incapacitated for duty, her expected date of delivery, and the expected date of her return for duty. Pregnant employees planning to resign may be granted sick leave provided the requirements as stated I.n this chapter are adhered to. The employee's resignation would be effective at the expiration of her sick leave. If the pregnant employee, after consulting her physician, asks for modification of her duties or a temporary reassignment to other available work for which she is qualified, every reasonable effort should be made to grant her request Length of Absence for Maternity Reasons The length of absence for leave for maternity purposes is determined by the individual employee, her physician and her supervisor. No arbitrary cutoff date requiring an employee to cease work or to prevent an employee from returning to work will be established. If cutoff dates are established they must be based on physical capability of the employee to perform the duties of the job after a determination by competent medical authority Supervisor's Responsibility When an employee reports her pregnancy, a determination should be made with the concurrence of the Office of Medical Services, (M/MS) as to whether her duties or work environment involve exposure to hazards or exposure which may be injurious to her health, e.g., extensive travel or overtime, lifting of heavy objects, etc., and whether they can be reduced. If the duties of the employee require activity or exposure which may be injurious to her health, an effort should be made to detail her to other work which she is qualified to perform, and which is not arduous or injurious. The objective should be to provide the employee with gainful employment and make use of her skills for as long as she is not incapacitated for duty. If another assignment is not available and a physician's certificate is presented by the employee stating her incapacity for the duties of her position, she should be placed immediately on leave. At no time shall a supervisor (at his or her sole discretion without the approval of the employee, the employee's physician, or the Director, Office of Medical Services) place the employee on leave or detail her to another job due to "hazardous" working conditions. The Office of Medical Services or the employee's physician will determine "hazardous" working conditions which might affect a woman's employment Advance Sick Leave for Maternity Advance of sick leave for maternity reasons is subject to the same policies, regulations, and procedures as are applicable to other requests for such leave. (See paragraph ) Absence for Paternity Reasons A male employee may request either annual leave or leave without pay for purposes of assisting or caring for his minor children or the mother of his newborn child while she is incapacitated for maternity reasons. Approval of leave for this reason should be consistent with Peace Corps' policy for granting leave in similar situations, and each leave request,will be considered on its own merits. 5.7 Military Leave

132 Military leave is approved absence with pay from official duty, not to exceed 15 calendar days in any one calendar year, authorized for those employees who are members of the U.S. National Guard or reservists with the U.S. Armed Forces on active duty or engaged in field or coast defense training under Sections of Title 32 (5 USC 6323) Eligibility Employees serving on permanent, full-time or part- time appointments are entitled to military leave. Temporary, intermittent or when-actually-employed (WAE) employees are not entitled to military leave Types of Military Duty Covered Military leave shall be granted in connection with appropriate duty in organizations listed below: The Army National Guard of the United States The Army Reserve The Naval Reserve The Marine Corps Reserve The Air National Guard of the United States The Air Force Reserve The Coast Guard Reserve The National Guard of the District of Columbia Federal Personnel Manual Chapter 630 and Federal Personnel Manual Supplement provide specific information on the type of duty and amount of military leave authorized in connection with duty in these organizations Requesting Military Leave An employee must furnish a copy of the military orders calling him or her to duty I.n order for military leave to be approved. Upon return from duty, the employee must furnish official evidence of the days of military duty performed. An employee called to extended military duty must furnish in writing an appropriate certification from a military superior that the 15 days of military duty have actually been performed Granting Military Leave Military leave is limited to a maximum of 15 calendar days during each calendar year and may be taken intermittently, a day at a time, or as otherwise directed under orders Issued by competent military authority. Non-workdays falling within a period of absence on military training are charged against the 15 days of military leave allowed during the year; however, non-workdays occurring at the beginning or end of the training period are not charged Rescheduling Military Leave Whenever the number of employees ordered to active duty threatens to deplete the staff of an office to the point where it would be extremely difficult or impossible to operate, this matter should be brought to the attention of the Director, Office of Personnel Management. The Director, Office of Personnel Management will explore with appropriate military authority the possibility of rescheduling enough employees to maintain adequate operation of the office

133 5.8 Court Leave Court leave Is the authorized absence, without charge to leave or loss of pay, of an employee from work status for jury duty, or for attending judicial proceedings in a non-official capacity as a witness on behalf of a state or local government. The court or judicial proceeding may be located in the District of Columbia, a state, territory or possession of the United States. The term "judicial proceeding" contemplates any action, suit, or other proceeding of a judicial nature but does not Include an administrative proceeding Eligibility Court leave for jury duty or witness service may be granted to both permanent and temporary employees either full-time or part- time, except that, employees serving in a when-actually-employed, intermittent, or leave without pay status are not eligible Jury Duty Jury duty is an important civic responsibility. It is Peace Corps' policy not to request a court to excuse an employee from jury duty, except in cases of necessity. Requests by a supervisor for excused absence from jury duty must be fully justified in writing and forwarded to the Director of Personnel Management via the appropriate office director. The request must clearly show how the absence of the employee will affect the efficiency of the office. The Director of Personnel Management is responsible for contacting the appropriate court to obtain excused absence if the situation warrants doing so Witnesses Attendance at court in an official capacity is considered official duty and no leave of any kind is charged. Attendance at court by an employee who is summoned or assigned by Peace Corps to testify in a nonofficial capacity on behalf of the United States Government or that of the District of Columbia is also considered official duty Granting Court Leave An employee eligible for court leave, who serves on jury duty or as a witness in a non-official capacity on behalf of a state or local government at judicial proceedings, may be granted leave with pay for the entire period of such service, without charge to annual leave. Court leave will be granted upon submission of a summons and will cover the period from the reporting date specified on the summons until the time the employee is discharged by the court, regardless of the number of hours per day or days per week he actually serves on a jury or is required to be in court as a witness. Upon completion of court attendance, the employee must submit to the supervisor a certificate of attendance signed by an official of the court. An employee when discharged or excused by the court for one-fourth day or more must return to duty provided the place of employment is located in the same area as the court. The employee may not, however, be required to return to duty if he or she lives or works more than an hour from the place the court is held When Court Leave Will Not Be Granted Court leave cannot be granted to an employee subpoenaed in private litigation to testify, not in an official capacity, but as a private individual. Absence for this purpose must be charged to annual leave or leave without pay Fees

134 Jury Service An employee called to jury service in a state or local court should collect all fees and allowances payable as a result of the jury service. Except for mileage, parking allowances, and fees in excess of normal salary compensation, all fees (checks) collected should be made payable to Peace Corps and forwarded to the Accounting Division, Office of Financial Management (M/FM). Should the employee fail to do so, payroll deduction should be made for the amounts involved from compensation due the employee Witness Service Employees are not entitled to witness fees when testifying on behalf of the United States or the government of the District of Columbia, except when such witness service is performed while absent on leave without pay. If an employee testifies in an official capacity or produces official records on behalf of a state or local government or a private party, or if he or she is summoned as a witness in a nonofficial capacity on behalf of a state or local government, he or she is required to collect the authorized witness fees and allowances for expenses of travel and subsistence. All witness fees so collected are to be forwarded to the Accounting Division, Office of Financial Management (M/FM) to be credited against amounts payable to him by the employing agency. An employee who testifies in a nonofficial capacity on behalf of a private party is entitled to the usual fees and expenses related to such witness service. Absence for this purpose must be charged to annual leave or leave without pay Leave Without Pay Status An employee called for jury service in a Federal or State Court while in a leave without pay status may retain jury fees and per diem. In addition, an employee serving as a witness for the United States or the District of Columbia while absent from his or her duties on leave without pay may accept and retain witness fees Travel An employee is entitled to travel expenses in connection with any judicial or agency proceeding to which he or she has been summoned (and is authorized by the agency to respond to such summons) or is assigned by the agency (1) to testify or produce official records on behalf of the United States or (2) to testify in his or her official capacity or produce official records on behalf of a party other than the United States. 5.9 Home Leave It is Peace Corps policy to provide Home Leave to Peace Corps direct hire employees who qualify for the leave. Home Leave is earned by service abroad for use in the United States, in the Commonwealth of Puerto Rico, or in the possessions of the United States Authorities 5 USC 6305; 5 CFR to Definitions (1) Home Leave is leave authorized by 5 U.S.C. 6305, and earned by service abroad for use in the United States, in the Commonwealth of Puerto Rico, or in the possessions of the United States. Home Leave

135 transportation costs to and from the Home Leave destination for the employee and authorized dependents accompanying the employee in the country of service. (2) Service Abroad is service which begins with the date of the employee's arrival at a post outside the United States, or on the date of his or her entrance on duty if recruited abroad, and ends on the date of departure from the post for separation or assignment in the United States. Service abroad also includes: (a) Up to two weeks of absence in a non-pay status within each 12 months of service abroad; (b) Authorized leave with pay; (c) Time spent in the Armed Forces which interrupts otherwise creditable service; and (d) Periods of detail Eligibility U.S. direct hire employees posted overseas are eligible to earn Home Leave Earning Home Leave For each twelve (12) months of service abroad, an employee earns five (5) days of Home Leave which shall be credited to his or her account monthly as earned. (See Attachment B, Home Leave Earning Table and Attachment C, Home Leave Travel Authorization.) Unused Home Leave may be added to future accruals and used when the employee again becomes eligible and is authorized Home Leave. Home Leave may be accumulated for future use but may not be advanced and may not be made the basis for a lump-sum payment Granting Home Leave Home Leave is granted at Peace Corps' discretion and may be granted in combination with other leaves of absence. Home Leave is authorized by the Peace Corps Director, or his or her designee, and may be used only in the United States, the Commonwealth of Puerto Rico, or a possession of the United States. An employee may be granted Home Leave each time he or she has completed at least twenty-four months of a thirty month tour of duty abroad and has accepted an extension tour of overseas duty of at least an additional eighteen months. In addition, an employee who has completed a sixth year pursuant to Section 7(a)(6) of the Peace Corps Act may be granted home leave prior to or during a third 30-month tour granted pursuant to Section 7(a)(5) of the Peace Corps Act. It is preferred that Home Leave be taken between tours of duty, but leave may be taken at a different time if it is determined to be more convenient to the Peace Corps, or if requested by the employee and agreed to by the Peace Corps. Days of accrued Home Leave may only be used in conjunction with approved Home Leave travel or official travel. Home Leave that is not taken within an employee's service with the Peace Corps will be forfeited at termination unless the employee transfers to another federal agency. An employee's Home Leave account may be transferred or recredited to the account when the employee moves between agencies or is reemployed in the federal service without a break in service in excess of 90 days Repayment of Home Leave Costs A refund to the Peace Corps by the employee for the cost of Home Leave travel and transportation is required, and the amount of Home Leave taken shall be charged to the employee's annual leave balance

136 when the employee fails to complete at least 12 months of his or her extension tour unless: (1) The failure to complete the 12 months of service is due to involuntary separation initiated by the Agency; (2) A resignation is precipitated by the Agency in lieu of termination for reasons convenient to the Agency; (3) The employee's departure is otherwise determined by the Director or his/her designee to be for reasons beyond the employee's control; or (4) The employee has completed not less than 6 months of service in an assignment with the Peace Corps in the United States following the period of Home Leave. See also MS (Conditions of Overseas Service) for additional terms and conditions of overseas employment Funeral Leave Funeral leave is an authorized absence, with pay of not more than three workdays, from official duty for an employee to make arrangements for, or to attend, the funeral or memorial service of an immediate relative who died as a result of wounds, disease, or injury incurred as a member of the Armed Forces while serving in a combat zone. For purposes of entitlement to Funeral Leave, immediate relative means the following relatives of the deceased member of the Armed Forces: Spouse and parents thereof; Children, including adopted children, and spouses thereof; Parents; Brothers and sisters and spouses thereof; and Any person related by blood or affinity whose close association with the deceased was such as to have been equivalent of a family relationship Restriction Entitlement to funeral leave is restricted to those situations in which death results from service in a combat zone, thus excluding from coverage those deaths of servicemen incurred in line of duty elsewhere in the world Granting of Funeral Leave An eligible employee must request funeral leave in advance and will be granted such leave as needed, not to exceed three (3) workdays. The three (3) workdays need not be consecutive; however, any request for nonconsecutive days of funeral leave must be justified in writing by the requesting employee and presented to the supervisor responsible for approving leave. All requests for funeral leave must be requested on Standard Form Excused Absence An excused absence is an absence from duty administratively authorized without loss of pay and without charge to leave. Ordinarily excused absences are authorized on an individual basis; however, groups of employees may be excused under certain conditions as determined by the Director of Peace Corps or by such official to whom this authority is delegated

137 Group Dismissals The Director of Peace Corps, with authority to redelegate, has the authority to administratively excuse groups of employees from duty for such reasons as: Observance of a local holiday, Weather conditions, Emergency conditions (fires, explosions, etc.), and Managerial reasons (power failures, breakdown of equipment, etc.) Individual Dismissals Individual employees may be excused from duty by officials who have been delegated such authority, normally immediate supervisors, for such reasons as: Registration and voting, Civil defense activities, Participation in military funerals, Blood donation, Tardiness and brief absence, Representing employee organizations, Taking a Civil Service Examination, and Conferences and conventions Eligibility For Excused Absence Per Annum Employees Employees paid on an annual salary basis may be administratively excused from duty by the immediate supervisor with such authority irrespective of whether they hold permanent or temporary appointments Per Diem and Per Hour Employees Employees paid on a daily or hourly basis may be administratively excused from duty by the immediate supervisor with such authority in accordance with the following conditions (unless there are specific provisions of law that do not require that they be met): The employee has a regular tour of duty, or The employee's appointment is not limited to 90 days or less, or The employee has been currently employed for a continuous period of 90 days under one or more appointments without a break in service Experts and Consultants Unless provision is made in the appointment action, the provisions of this chapter shall not apply to experts and consultants Holidays U.S. Holidays

138 All employees, except those required to remain on duty to carry out essential operations, are excused without charge to leave on all U.S. legal holidays as specified below. The following are legal public holidays: New Year's Day, January 1. Washington's Birthday, the third Monday in February. Memorial Day, the last Monday in May. Independence Day, July 4. Labor Day, the first Monday in September. Columbus Day, the second Monday in October. Veterans Day, November 11. Thanksgiving Day, the fourth Thursday in November. Christmas Day, December 25. Any other day designated as a holiday by Federal statute or Executive Order of the President only if: Host Country Holidays Host country holidays are recognized Such days are customarily observed as holidays by the local government, local business firms, and the diplomatic and consular offices of other countries; or Failure to observe such days would be contrary to the interests of the United States, or it would be impractical to keep the office open because of drastic curtailment of normal services, such as transportation or building maintenance. (For further information see 2 FAM111.) Inauguration Day January 20 of each fourth year after 1965 is a legal public holiday in the metropolitan area of the District of Columbia. The metropolitan area of the District of Columbia includes in addition to the District of Columbia, Montgomery and Prince Georges Counties, Maryland; Arlington and Fairfax Counties and the cities of Alexandria and Falls Church in Virginia. The holiday benefits for Inauguration Day apply only to employees employed in the metropolitan area of the District of Columbia. Employees in a travel status or performing duties away from the metropolitan area on Inauguration Day are not entitled to holiday benefits for that day Registration and Voting Employees are encouraged to carry out their civic responsibilities by voting in all elections. It is government policy to excuse employees for a reasonable time to register or vote in any elections or in referendums on a civic matter in their community when such excused absence does not seriously interfere with operations. The granting of excused time will be based on the following considerations: When the polls are not open at least three hours either before or after an employee's regular hours of work, he or she may be excused from duty so as to permit him or her to report for work three hours after the polls open or leave work three hours before the polls close, whichever requires the lesser of time off. Under exceptional circumstances where the rule above does not permit sufficient time, an employee may be excused for such additional time as may be needed to enable him or her to vote. Each supervisor responsible for approving leave will review the particular circumstances in individual cases and approve an appropriate amount of additional excused time required, but not to exceed a full day

139 Time Allowed for Voting If an employee's voting place is beyond normal commuting distance and vote by absentee ballot is not permitted, the employee may be granted sufficient time off in order to be able to make the trip to the voting place to cast a ballot. Where more than one day is required to make the trip to the voting place, time off in excess of one day shall be charged to annual leave or if annual leave is exhausted, then to leave without pay Time Allowed for Registration For employees who vote in jurisdictions which require registration in person, time off to register may be granted on substantially the same basis as for voting, except that no such time shall be granted if registration can be accomplished on a nonworkday and place of registration is within reasonable one-day round- trip travel distance of the employee's place of residence Service Centers Officials in charge of Service Centers are responsible for obtaining the necessary information concerning the hours during which polls are open in all political subdivisions in which employees reside and for determining, in accordance with the above policy, the amount of excused absence that may be granted. Employees should be notified of the determination made and the local procedure to be followed Absence for Physical Examination An employee may be granted necessary administrative time off, not to exceed one day, for the purpose of taking a medical examination determined to be necessary in connection with employment status in Peace Corps. In addition, necessary time off may also be given to employees who participate in Peace Corps employee health maintenance examination programs, normally not to exceed one-half day depending on the employee's reaction effects, accessibility of facilities and other variables. Supervisors should exercise reasonable judgment in their decisions as to how long each individual employee needs for health examinations. Medical and health aspects of examinations should always be evaluated by the attending physician or nurse Absence for Blood Donations As an incentive to stimulate participation in Peace Corps' blood donation program, employees who donate one unit of blood during a planned Blood Drive may be given four hours of administrative leave. This leave must be used on the day of the donation and must be approved by the supervisor. Supervisors are encouraged to approve such leave requests Treatment for Injury An employee injured in the performance of duty will not be charged leave for initial examination or outpatient treatment by a Government physician or by a facility officially authorized to treat employees injured on duty. Additional excused absence may be approved by the employee's supervisor provided that the employee performs duty during some part of the day on which examination or treatment is received. A deduction from the leave charge for a day on which no work is performed All not be made for the time required for treatment or examination of a work-connected injury. When an employee's post of duty is outside the continental United States and local treatment is not available, the injured employee may be excused, without charge to leave, for whatever period is required for travel to and from the nearest approved medical facility. Travel time under these circumstances shall be allowed both for initial and later treatment at a medical facility

140 Treatment for Illness An employee who becomes ill during working hours may be excused by the immediate supervisor for brief periods for consultation and treatment in the Health Unit Travel Time Employees who are serving outside the United States or serving, if their residences are elsewhere, in the Commonwealth of Puerto Rico or the possessions of the United States may be granted travel time, without charge to leave, for purposes of going from their duty posts to their places of residences and for returning to those posts under the following conditions: They are authorized to accumulate up to 45 days of annual leave. The travel time without charge to leave is limited to one return visit on leave during a prescribed tour of duty. The leave-free travel time Is limited to that required for travel by common carrier over the most direct route, but may include time necessarily occupied awaiting transportation Taking Leave Other Than at Place Of Residence An employee who Is eligible for leave to return to the place of residence may take leave at a location other than the place of actual residence but the other location must be within the country, territory, or possession in which such place of actual residence is located Other Excused Absences Under certain conditions employees may be excused to participate in specifically approved activities, e.g., certain labor-management relations activities and under certain circumstances as specified I.n MS 655 "Employee Grievance Procedure". Peace Corps officials and employees having questions about absences or specific details not covered by this manual section should consult with the Personnel Staffing Specialist assigned to service their respective area Hazardous Weather Dismissal Upon an official determination that hazardous weather conditions justify the closing of offices In a particular locality, employees will be excused from duty without charge to leave for the period during which their offices are closed Responsibilities Director of Personnel Management (M/PM) The Director of Personnel Management (M/PM) in coordination with the U.S. Office of Personnel Management will determine when weather conditions are such in the Washington, D.C. Metropolitan area as to warrant granting of administrative leave, and will notify the Associate Directors, the General Counsel, and Directors of Staff Offices Offices Directors Office Directors will determine those employees who are required to maintain emergency operations

141 requirements to be present regardless of weather conditions. Employees so designated will report to work and may not be dismissed in accordance with the policy statement in paragraph above. Office Directors will notify the Director of Personnel Management of the names and job titles of employees designated in accordance with this provision Service Center Directors Service Center Directors, in coordination with the Federal Executive Board in their area, are responsible for determining when inclement weather conditions exist In their local areas sufficient to warrant the granting of administrative leave to Peace corps employees within their Service Center. Those Service Centers and areas that do not have Federal Executive Boards should coordinate any planned dismissal with the nearest United States Office of Personnel Management and the appropriate parent organization in headquarters. Service Center Directors are also responsible for designating emergency personnel in accordance with paragraph above. They will notify the Director of Personnel Management of the names and job titles of employees designated I.n accordance with that provision Country Directors Country Directors in coordination with the Embassy of Consulate General in their country are responsible for determining when inclement weather conditions exist in their local areas sufficient to warrant the granting of administrative leave to Peace Corps employees within their areas. Country Directors are also responsible for designating emergency personnel in accordance with paragraph above. They will notify the Director of Personnel Management of the names and job titles of employees designated in accordance with provision Supervisors Supervisors are responsible for administering the policy set forth in paragraph above when notified by the cognizant Office Director or Service Center Director that a determination has been made that weather conditions are such as to warrant granting of administrative leave Procedure and Authority Severe and hazardous weather, e.g., heavy snow storm, floods, icing conditions, etc., can make streets and highways impassable or unusually dangerous to the health and safety of employees. Uncoordinated decisions by individual departments, agencies or offices not to open for business or to dismiss employees early because of severe and hazardous weather conditions may serve only to aggravate traffic congestion and hazards Hazardous Weather During Duty Hours When a determination has been made that there is a need for early dismissal due to hazardous weather conditions, employees will be excused from duty without charge to leave. Early dismissal of employees without charge to annual leave will apply only to employees who are in a duty status at the time of the early dismissal. Employees desiring to leave work early due to hazardous weather conditions before an early dismissal is authorized must request annual leave Hazardous Weather Before Regular Work Hours

142 In rare instances, extremely severe weather conditions result in the closing down of federal departments and agencies in the affected local area. Reports of such closures and excused absences of employees without charge to leave are carried by most local radio and television stations. In the case of employees who do not report for duty during hazardous weather when the closing down of federal departments and agencies has not been authorized, annual leave will normally be charged unless the appropriate Associate Director (includes General Counsel), Country Director, or Service Center Director, determines that the employee made every reasonable effort to get to work but was unable to do so because of severe weather conditions. In such cases, administrative leave may be approved in amounts up to eight hours. Factors which should be taken into consideration before administrative leave is approved include: distance between employee's residence and place of work, severity of weather conditions in employee's area of residence, mode of transportation used to get to work Tardiness as a Result of Hazardous Weather The Director of Personnel Management is responsible for informing headquarters personnel when weather conditions are such as to warrant granting administrative leave for tardiness (arriving after 9:30 a.m.). Service Center Directors and Country Directors are responsible for such determinations in their respective areas. Normally, tardiness not in excess of two hours may be charged to administrative leave. However, tardiness in excess of two hours may also be charged to administrative leave only after the facts and circumstances in each case are personally reviewed by the appropriate supervisor and he or she authorizes approval of administrative leave for such tardiness. The facts and circumstances in each case must clearly demonstrate that the tardiness resulted from unavoidable delay following adverse weather or disruption of public or private transportation Hot Weather Dismissal Although dismissals due to excessive heat in most United States work sites should be nonexistent or rare, some offices may have power failures which result in extreme heat. Individuals who suffer from the heat and who think that their health may be endangered should go to the nearest emergency room for consultation. Supervisors must grant them sick or annual leave on the recommendation of medical or nursing officials. Extreme emergency conditions must be determined and approved by the Director of Peace Corps or his or her designee. Dismissals without charge to leave in the Service Centers and Area Offices will be governed by guidance from the local U.S. Office of Personnel Management or General Services Administration (GSA) Supervisory Instructions In conditions of hot weather or extreme heat, supervisors should be instructed to be cautious with regard to employees' health and safety as follows: Avoid and eliminate potential or actual situations of extreme heat through appropriate improvement of work facilities; Be observant of individuals who might be affected by the heat and take special precautions with them on days of extreme heat such as assignment to a cooler, better ventilated work area; Suggest consultation with medical and nursing service, where indicated; and Be liberal in granting of annual leave to employees who are suffering or uncomfortable from the heat, provided that they can be spared. 6.0 Effective Date

143 This manual section takes effect on the date of issuance

144 MS 641: Standards of Conduct for Peace Corps Employees Date: 9/28/04 Office: D/GC Supersedes: 5/1/84; 5/21/75 Table of Contents Table of Contents 1.0 Purpose 2.0 Authority and Background Policy Procedures and Requirements Governing Public Financial Disclosure Reports and Confidential Financial Disclosure Reports 5.0 Speaking, Teaching, Writing on Matters of Official Concern 5.1 Speaking, Teaching, or Writing on Matters of Official Concern Carried Out in a Private Capacity 5.11 Speaking, Teaching, or Writing on Matters of Official Concern in a Private Capacity 5.12 Materials Prepared in Connection with Speaking, Teaching or Writing on Matters of Official Concern in a Private Capacity Must be Submitted to Peace Corps for Prior Review 5.13 Criteria for Review 5.14 Compensation 5.2 Speaking and Interviews in an Official Capacity 6.0 Special Overseas Conduct Rules 7.0 Effective Date 1.0 Purpose This manual section sets out standards of conduct for Peace Corps employees. 2.0 Authority and Background All employees of Peace Corps are subject to the various conflicts of interest statutes set forth in title 18, United States Code, sections In addition, all employees of Peace Corps are subject to the government-wide Standards of Ethical Conduct for Employees of the Executive Branch as promulgated by the United States Office of Government Ethics (OGE) at title 5 CFR Part

145 Further, there are special additional restrictions and rules applicable to all Peace Corps employees, other than special Government employees ("consultants," see definition 18 USC 202), appointed to a position for which the rate of pay is equal to or greater than 120% of the minimum rate payable for GS-15 of the General Schedule and/or appointed as a noncareer member of the Senior Foreign Service, as well as any positions designated as confidential and policymaking comparable to Schedule C positions in the Government. These special rules and restrictions are set forth in regulations of OGE at 5 CFR Part 2636 and pertain to limitations on outside earned income, employment and certain outside affiliations. The complete set of government-wide regulations on ethics may be found in regulations of OGE at title 5 CFR Chapter XVI. 3.0 Policy It is Peace Corps policy to maintain and ensure the highest ethical standards. Employees are required to abide by all applicable laws, regulations, and policies governing ethics and standards of conduct. Lapses in ethical conduct and violations of the ethics laws, regulations, and policies are unacceptable. Peace Corps employees should consult and familiarize themselves with all applicable ethics laws and rules. The rules can be complex and employees should consult with the Peace Corps Designated Agency Ethics Official on all ethics questions and matters. 4.0 Procedures and Requirements Governing Public Financial Disclosure Reports and Regulations of the Office of Government Ethics (OGE), 5 CFR Part 2634, set forth the government-wide rules and requirements governing the filing, review, certification and other matters pertaining to Executive Branch Financial Disclosure Reporting. OGE's regulations (5 CFR Part 2634 and Part 2638) require Peace Corps to establish effective systems and procedures for the collection, filing, and, where applicable, public inspection of financial disclosure reports. There are two types of financial disclosure reports - Public Financial Disclosure Reports (SF-278) and Confidential Financial Disclosure Reports (SF-450). 4.1 Officers and employees required to file Public Financial Disclosure Reporting Reports (SF-278) are defined by regulations of the Office of Government Ethics at 5 CFR and 202. At Peace Corps this includes the Director, Deputy Director, Designated Agency Ethics Official, all officers and employees appointed in the Senior Foreign Service, and any employees appointed below the rank of Senior Foreign Service in positions determined to be of a confidential or policy making character unless excluded from such filing requirements in accordance with 5 CFR Public Financial Disclosure Reports shall be filed with the Peace Corps Designated Agency Ethics Official (DAEO), or his/her designee, in accordance with the general requirements, filing date, and extension provisions set forth in 5 CFR Officers and employees required to file Confidential Financial Disclosure Reports (SF-450) are defined by regulations of the Office of Government Ethics at 5 CFR The DAEO shall maintain a current list

146 of Peace Corps staff positions for which the incumbent employees must file a Confidential Financial Disclosure Report. 4.4 Confidential Financial Disclosure Reports shall be filed with the Peace Corps Designated Agency Ethics Official (DAEO), or his/her designee, in accordance with the general requirements, filing date, and extension provisions set forth in 5 CFR The Office of Human Resources Management (M/HRM) shall be responsible for supplying all new employees with the necessary forms either prior to or on the first day of their initial employment, extension, or reappointment. 4.6 All Officers and Employees required to file financial disclosure report shall do so in accordance with instructions of the Office of Government Ethics (OGE), as supplied with the reporting form, regulations of the Office of Government Ethics at 5 CFR Part 2634, Subpart C and Subpart I, accordingly, and guidance provided by the Designated Agency Ethics Official or his/her designee and or HRM. 4.7 Financial disclosure reports are in addition to, and not in substitution for or in derogation of, any similar or other requirement imposed by law, order, or regulation. The filing of a report does not permit the filer or any other person to participate in a matter which is prohibited by law, order, or regulations. 4.8 Any officer or employee who believes that his/ her position has been improperly included under Peace Corps regulations as one requiring the submission of a financial disclosure report shall so notify the Designated Agency Ethics Official, or his/her designee, and be given an opportunity to consult with and review the bases for the determination that the employee is required to file a financial disclosure report. The determination by the Designated Agency Ethics Official shall be final for all purposes and this procedure is the sole and exclusive means of seeking review. See 5 CFR All officers and employees may be subject to fees and penalties as set forth in regulations of the Office of Government Ethics (OGE) and other applicable authorities for failing to comply with reporting and filing requirements. 5.0 Speaking, Teaching, Writing on Matters of Official Concern In addition to ethics rules in the government-wide regulations pertaining to outside employment and speaking, teaching and writing and other matters, these additional rules apply to all public speaking, teaching or writing of "official concern" to Peace Corps. "Official concern" means that the subject matter or materials are related to any policy, program or operation of Peace Corps or to current U.S. foreign policy, or could reasonably be expected to affect the foreign relations of the United States

147 5.1 Speaking, Teaching, or Writing on Matters of Official Concern Carried Out in a Private Speaking, Teaching, or Writing on Matters of Official Concern in a Private Capacity Private capacity speaking, teaching or writing on matters of official concern include such activities outside the context of an employee's official duties or position at Peace Corps. Any speaking, teaching or writing on matters of official concern in a private capacity must contain an explicit disclaimer that the views and materials presented are those of the individual and not necessarily the views of the Peace Corps or U.S. Government Materials Prepared in Connection with Speaking, Teaching or Writing on Matters of Official Concern in a Private Capacity Must be Submitted to Peace Corps for Prior Review In the United States, such materials shall be submitted to (a) the Associate Director, Regional Director, or other senior-most management official with responsibilities and jurisdiction over the subject matter of the materials, and (b) to the Director of the Office of Communications. Overseas, such materials shall be submitted to the Country Director, who may consult with other seniormost management officials with responsibilities and jurisdiction over the subject-matter of the materials. Country Directors who will be speaking, teaching, or writing on matters of official concern in a private capacity shall submit materials to the appropriate Regional Director for review Criteria for Review An employee may not publish any speaking, writing, or teaching material of official concern until all classified information, if any, has been deleted. In addition, the employee must not publish any material which the Agency believes should be protected from public disclosure under the Freedom of Information Act, the Privacy Act, and other laws or privileges governing the disclosure of information, unless properly authorized. Such information includes, but is not limited to information in personnel or medical files, information constituting agency deliberations prior to decisions on policy or legal matters; information compiled for law-enforcement purposes that reasonably could be expected to interfere with enforcement proceedings Compensation Employees may accept compensation for speaking, teaching, or writing only if permitted under applicable laws and rules, including conflict of interest statutes and regulations including, but not limited to, the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR 2635). Employees should seek advice from the Peace Corps Designated Agency Ethics Official prior to accepting or agreeing to accept compensation. 5.2 Speaking and Interviews in an Official Capacity All invitations for an employee to speak, lecture or participate in a conference in the United States, in his/her official capacity, on a subject of official concern, shall be referred to the appropriate management officials in the employee's supervisory chain for consultation and approval, except where the invitation is to an employee at the office head level or above, in which case no consultation or approval is necessary under these rules, though notification may be required under other rules of Peace Corps for other purposes

148 5.2.2 In informal presentations, professional meetings, conferences, and panel discussions where, because of the nature of the public appearance, no prepared script or outline will be available, employees are responsible for ensuring that their remarks involve no violation of security, are consistent with U.S. policy, and will not adversely affect Peace Corps or U.S. Government relations Consistent with other rules of the Peace Corps overseas employees who are invited or will otherwise be speaking publicly or conducting interviews are expected to exercise appropriate judgment. Employees below the level of Country Director shall consult with the Country Director for approval. Country Directors should seek prior interagency consultation on important matters such as those that could have an impact on Peace Corps operations or foreign policy. 6.0 Special Overseas Conduct Rules In addition to all other rules governing conduct and conflicts of interest, special uniform rules have been issued pursuant to Department of State Chief of Mission authority. These rules take into account special foreign policy considerations and apply to various matters, including investing in property in the country of assignment and engaging in commercial or for-profit activities. All overseas employees of the Peace Corps must abide by these rules. These rules are entitled "Employee Responsibilities Abroad" and may be found at 3 Foreign Affairs Manual 4120, et seq. These rules may be obtained through the embassy or on line at the Department of State. Employees overseas must familiarize themselves with these rules and abide by them. Any questions should be directed to Peace Corps Designated Agency Ethics Official. 7.0 Effective Date This manual section shall become effective on the date of issuance

149 MS 642: Conditions of Service for U. S. Overseas Staff Date: Partial Revision 11/27/2007; 4/22/85 Office: M/HRM Supersedes: MS 642, 4/22/85; 10/3/83 Table of Contents Attachment Table Of Contents 1.0 Purpose 2.0 Background 3.0 0verseas Quarters and Living Standards 4.0 All0wances and Differentials 4.1 Quarters Allowance Living Quarters Allowance and Temporary Lodging Allowance 4.2 Education Allowance and Education Travel 4.3 Separate Maintenance Allowance Conditions Governing Determination of Eligibility Procedure for Granting Separate Maintenance Allowance 4.4 Staff Emergency Visitation Travel 4.5 Child Visitation Travel 5.0 Duty-free Privileges 6.0 use of Commissary and Post Exchange (PX) Facilities, Pouch and MPS 6.1 Use of Commissary or PX Facilities 6.2 Personal use of Pouch and Military Postal Service 7.0 Importation and Sale of Personal Property Abroad 8.0 Change in Family Status 8.1 Intended Marriage to Person with Intelligence Background 8.2 Marriage to Non-U.S.citizen 8.3 Marriage to a U.S. Citizen 9.0 Requirements for Overseas Tour of duty 9.1 Failure to Complete On Full Year of Service or Tour of Duty 9.2 Exceptions 10.0 Standard of Conduct 11.0 Effective Date Attachment A Conditions of Employment with Peace Corps Outside the Continental U.S. (MS642- A.doc)

150 1.0 Purpose This Manual Section summarizes general "conditions of service" for U.S. Direct Hire Employees. It deals with overseas allowances, import privileges, use of U.S. Government facilities in countries of assignment, change in family status, and related topics which do not warrant separate treatment in other sections of the Peace Corps Manual. Where appropriate, cross-references to related sections of the Manual are indicated. 2.0 Background The basic philosophy of Peace Corps U.S. Direct Hire Employee service emphasizes the importance of modest, non-ostentatious styles of living and working in relation to the host culture. The following subchapters of this Manual Section apply this philosophy of U.S. Direct Hire Employee service in more specific terms. 3.0 Overseas Quarters and Living Standards Peace Corps Volunteers are expected to live simply and non-ostentatiously at the level of the people with whom they live and work. Because overseas staff members are charged with leading Volunteers, it is important that they live in a manner that is compatible with the basic philosophy of the Peace Corps. Manual Section 515 "Living Quarters, Furnishings and Guard Services for Full-time Permanent Overseas Staff" provides specific guidance on staff living accommodations. 4.0 Allowances and Differentials It would be inconsistent for the Peace Corps to compensate its U.S. Direct Hire Employees based upon any standard suggesting that difficult or notably unhealthy conditions or excessive physical hardships, differing substantially from those in the U.S., warrant special rewards or privileges. For this reason, the Peace Corps has concluded that its U.S. Direct Hire Employees may not receive a hardship differential, or any other allowances, except the following: Quarters allowances -Temporary lodging allowance and living quarters allowance, Education allowance or education travel, and Separate maintenance allowance, as outlined under paragraph 4.3. below. These allowances are provided only to U.S. Direct Hire Employees, except resident hire employees, whose appointments are made under the authority of Section 7 (a) (2) in the Peace Corps Act. However, U.S. "Resident Hire" permanent employees are eligible only for quarters allowance (see MS 693 for policies on "Resident Hire" overseas employees). Aside from these allowances, U.S. overseas employees, except resident hire employees, are also eligible for travel benefits connected with family emergency visitation and child visitation. 4.1 Quarters Allowance: Living Quarters Allowance and Temporary Lodging Allowance Detailed guidance on U.S. Direct Hire Employee living quarters is provided in MS 733 "Leases". Please consult Standardized Regulations (Government Civilians, Foreign Areas), Chapter 100 for additional references on the scope of allowances, and Chapter 920 for authorized amounts

151 4.2 Education Allowance and Education Travel In accordance with the Standardized Regulations, subchapters 270, 280 and 920, U.S. Direct Hire Employees with dependent children may receive an education allowance or education travel; however, the Peace Corps authorizes only one round-trip per tour for dependent children between the Post and the U.S. secondary or college institution (see MS 812 "Staff Travel and Transportation Regulations" for specific guidance on education travel). 4.3 Separate Maintenance Allowance Separate maintenance allowance is an allowance intended to assist U.S. Direct Hire Employees in offsetting the additional expenses incurred by a U.S. Direct Hire Employee who is compelled to maintain a separate household for his or her spouse and/or dependent children away from the assigned Post Conditions Governing Determination of Eligibility It is the policy of the Peace Corps to grant separate maintenance allowance to an employee only in the following cases: Spouse and/or child (children) are directed by the Peace Corps to leave the Post of assignment for reasons of health, safety, or foreign policy; or Spouse or child (children) of an employee incur/s an illness or injury at Post which requires the permanent revocation of the individual's medical clearance, and hence, his or her departure from the country of assignment. The Peace Corps will not authorize a separate maintenance allowance where the U.S. Direct Hire Employee and family member(s) choose to live apart for their own convenience, or where the U.S. Direct Hire has personal reasons of special need or hardship to maintain family member(s) elsewhere, including but not limited to career, educational or family considerations for the spouse, or educational consideration for children. A separate maintenance allowance shall not be paid on behalf of any child during the period covered by the grant of a "school away from Post" education allowance. A separate maintenance allowance may be granted only in behalf of spouse and/or dependent child(ren) who have received full medical clearance for accompanying the employee to his or her overseas Post of assignment Procedure for Granting Separate Maintenance Allowance Requests for separate maintenance allowance shall be submitted, with the recommendation of the Country Director who supervises the U.S. Direct Hire Employee, to the Director of Personnel Management (M/PM) through the appropriate Regional Director. Standardized Regulations, Chapter 943, provides authorized payment amounts for granting separate maintenance allowance. 4.4 Staff Emergency Visitation Travel U.S. Direct Hire Employee emergency visitation travel is provided for U.S. Direct Hire Employees or spouses in the case of critical illness or death of members of the immediate family. See MS 816 "Staff Emergency Visitation Travel" for detailed guidance

152 4.5 Child Visitation Travel Child Visitation Travel is provided for children of legally separated or divorced parents to visit the other parent (see MS 812 for detailed guidance on child visitation travel). 5.0 Duty-free Privileges In accordance with the terms of Peace Corps country agreements, most host governments have agreed to exempt Peace Corps U.S. Direct Hire Employees from certain customs, duties, and local taxes. It is Peace Corps policy to authorize U.S. Direct Hire Employees to use those exemptions only for the duty free importation of non-luxury commodities, such as powdered milk or special baby food, not obtainable in the host country at reasonable prices. U.S. Direct Hire Employees may not use the duty-free privilege for personal luxury items such as tobacco and perfume. Use of custom exemption to profit an employee or other individual will subject the U.S. Direct Hire Employee to disciplinary action (please see paragraph 7 of this Manual Section for additional information). 6.0 Use of Commissary and Post Exchange (PX) Facilities, Pouch and MPS Privileges It is the policy of the Peace Corps to encourage U.S. Direct Hire Employees to carry out their activities, to the extent practical and possible, relying on the local economy and services. Although they are expected to refrain from patronizing facilities from which host country people are expressly excluded, U.S. Direct Hire Employees may use the commissary or PX facilities and may have pouch or APO privileges under restricted circumstances as outlined below. Contract personnel, temporary and part- time employees, and Foreign Service National employees are never authorized such privileges. 6.1 Use of Commissary or PX Facilities The Country Director or Acting Country Director decides, subject to the concurrence of the Regional Director, whether and within what limits U.S. Direct Hire Employees may use commissary facilities at each Post. The Country Director should use discretion in requesting such privilege by weighing carefully the effect of commissary use by Peace Corps U.S. Direct Hire Employees at the particular Post. The use of commissary facilities should be limited as much as possible to purchasing goods used for representational activities. Under no circumstances should U.S. Direct Hire Employees depend exclusively on the commissary facilities for daily living when necessary goods and services are available at reasonable cost locally. Access to Post Exchange (PX) facilities is determined in the same manner as that for the use of commissary facilities. The use of PX facilities may be authorized only when there is no commissary in country and only if it is clearly demonstrated that there are no adequate resources available for representational activities outside PX facilities. The Peace Corps has strived to maintain not only a separation from the U.S. military overseas, but also an appearance of separation. The Country Director shall use utmost care in a decision to request the use of PX facilities by appraising the effect patronizing such military establishments may have on the credibility of the Peace Corps program in country. Under no circumstances may Peace Corps Volunteers be authorized PX or commissary privileges. 6.2 Personal Use of Pouch and Military Postal Service U.S. Direct Hire Employees may use the State Department diplomatic Pouch for mailing and receiving personal mail to the same extent as other U.S. citizen members of the foreign service

153 Military Postal Service (MPS) has been extended, under limited circumstances, to Peace Corps. U.S. Direct Hire Employees may use the MPS for sending and receiving personal mail (letters only). See MS 835 "Diplomatic Pouch, Military Postal Service, and International Mail" for specific guidance on the use of the pouch and MPS 7.0 Importation and Sale of Personal Property Abroad Peace Corps' policies, with regard to the importation and sale of personal automobiles and other personal property abroad, are guided by Foreign Affairs Manual Circular No. 378, dated February I, U.S. Direct Hire Employees are prohibited from selling automobiles or other personal property at a profit if the profit results from import privileges given to U.S. Direct Hire Employees by the host government. In addition to the regulations contained in Circular No. 378, Peace Corps U.S. Direct Hire Employees are subject to any other importation or exportation policies issued by the Chief of Mission. Peace Corps regulations concerning the shipment and storage of personal effects and shipment of personal automobiles are contained in MS Change in Family Status Any change in the family status of U.S. overseas employees, e.g., birth, adoption, or marriage, should be reported to the Chief of Staff, Office of Personnel Management (M/PM) within 3O days of the change. A copy of the birth certificate, adoption papers, marriage certificate, etc. should accompany the report. In case of divorce, copies of the custody decrees, if applicable, shall accompany the report. Upon receipt of the report, the Office of Personnel Management will forward to the U.S. Direct Hire Employee a Residence and Dependency Report (OF126). The report should be completed as soon as possible and be returned to the Office of Personnel Management. The U.S. Direct Hire Employee will then be advised concerning the opportunities to change his or her health benefits program, or change beneficiary for life insurance, or any other allowances and benefits that might be affected by the change in family status. 8.1 Intended Marriage to Person with Intelligence Background A U.S. Direct Hire Employee who plans to marry shall notify the Office of General Counsel D/GC, PC/Washington, of such intention at least 12O days in advance if the intended spouse, regardless of his or her citizenship, has had any connection with a U.S. and/or local intelligence community. The report should be accompanied with brief biographical information on the intended spouse. Under certain circumstances, marriage to a spouse with intelligence experience may be incompatible with the continued employment of the staff member as it may be considered to have negative impact on the Peace Corps program overseas. The Office of General Counsel (D/GC) will review each case and notify the employee within 3O days from the date information was received in the office whether a proposed marriage to the particular individual with an intelligence background is incompatible with his or her continued employment in the Peace Corps. Further guidance on the intelligence background issue is provided in MS 611 "Employment of Applicants with Intelligence Backgrounds". 8.2 Marriage to Non-U.S.Citizen A U.S. Direct Hire Employee who plans to marry a non-us citizen shall notify the Peace Corps, in writing, and in advance of the marriage to permit the implementation of the following procedure. The notice shall be submitted directly to the Chief of Staf, Office of Personnel Management (M/PM) through the Country Director and the Regional Director. The employee shall submit the following to the Office of Personnel Management:

154 Application for Employment in the Foreign Service of the United States" (OF-174) excluding the photograph which has been completed by the intended spouse; A brief biography concerning the intended spouse; and A certified copy of a divorce decree or other evidence of termination of any former marriage of employee and/or intended spouse. Copies of the above documents will be given to the Security Division, Office of Personnel Management (M/PM/S), so that the appropriate embassy security officer may initiate the administrative clearance process (name check, visa-type investigation) on the intended spouse. The report of the investigation will be forwarded to the Office of Personnel Management for notification to the employee. Within 30 days after the marriage, the U.S. Direct Hire Employee shall submit to the Office of Personnel Management a revised Residence and Dependency Report (OF-126). The Office of Personnel Management will provide instruction on the medical clearance process for the spouse and any other dependents legally acquired through the marriage. 8.3 Marriage to a U.S. Citizen Within 3O days after marriage to a U.S. citizen, an employee shall submit a revised Residence and Dependency Report (OF-126) to Personnel. A certified copy of a divorce decree or other evidence of termination of any former marriage of employee and/or spouse must be forwarded with the report. A report of medical examination on the spouse and any other acquired legal dependents should be submitted to the Medical Director, Department of State. 9.0 Requirements for Overseas Tour of Duty Prior to their departure overseas, direct hire employees are required to sign an agreement that sets out the conditions for their service overseas. Direct hire employees overseas who are reassigned to a new post that requires travel and the shipment of their personal effects or consumables are required to sign a new agreement. Direct hire employees must sign an agreement for each overseas tour. See Attachment A, Conditions of Employment with Peace Corps Outside the Continental U.S. Among other issues, the agreement specifies the length of the tour of duty, which is generally 30 months at post, and sets out the financial consequences when the employee fails to complete the prescribed tour of duty at post. Copies of the signed Conditions of Employment Agreement shall be filed in the Office of Human Resource Management and the office of the applicable Regional Director. 9.1 Failure to Complete One Full Year of Service or Tour of Duty An employee who fails to complete one full year of a first overseas tour shall reimburse the Peace Corps for any travel and transportation costs from the home-of-record to the post for the employee and the employee's dependents, and household and personal effects, and shall also be responsible for paying all return travel and transportation costs An employee who fails to complete one full year of a second overseas tour shall reimburse the Peace Corps for all return travel costs from the post to the employee's home of record An employee who fails to complete his or her first prescribed tour of duty at post shall be responsible for paying all return travel and transportation costs for himself or herself, dependents, and household and personal effects from the post

155 9.1.4 Upon completion of five years of duty, whether domestic or overseas, an employee who extends his or her service overseas will have no further liability to repay travel or transportation costs. 9.2 Exceptions An employee who would otherwise be liable to pay or repay for travel and/or transportation, as set out in Section 9.1, will not be responsible for such costs under the following circumstances: (a) The failure to complete the period of service is due to involuntary separation initiated by the Agency; (b) The resignation is precipitated by the Agency in lieu of termination for reasons convenient to the Agency; (c) The employee's departure is determined by the Director or designee to be for reasons beyond the employee's control; (d) The employee has been reassigned to a position in the United States and completes not less than six months of service in that or another assignment with the Peace Corps in the United States. (e) The employee and the Regional Director have agreed that it is in both parties' best interest to shorten the length of the employee's prescribed tour of duty by 180 days at a maximum. (Requests for such changes in the duration of the tour of duty shall be submitted in writing, along with the recommendations of the Country Director at post, to the Regional Director for approval.). 9.3 The provisions in this manual section do not apply to home leave. See Section 5.9 of MS Standard of Conduct The Peace Corps "Employees Standards of Conduct" governing the standards observed by all employees, is published in MS 641. This regulation prescribes the extent to which Peace Corps staff members may engage in political activity; and provides standards relating to conflict of interest, writing for publication, and other areas of general interest Effective Date This manual section shall become effective upon the date of issuance

156 MS 643: Limited Personal Use Of Government Office Equipment Date: 10/31/00 Office: Office of Management and the CIO Supersedes: New Section Table of Contents Table Of Contents 1.0 Policy Summary 2.0 Authority 3.0 Authorized Personal Use is a Privilege not a Right 4.0 Definitions 4.1 Employees 4.2 Government Office Equipment 4.3 Minimal Additional Expense 4.4 Employee Non-work Time 4.5 Personal Use 5.0 Inappropriate Personal Use 6.0 Disclaimers 7.0 Remember it Belongs to the Government 8.0 Sanctions for Inappropriate Personal use 1.0 Policy Summary Employees are permitted to make limited, occasional use of government office equipment for nongovernment purposes when such use: (1) involves minimal additional expense to the government; (2) is performed on the employee's non-work time; (3) does not interfere with the Peace Corps' mission or operations; and (4) does not violate the Standards of Ethical Conduct for Employees of the Executive Branch or any other applicable provision of law. This limited personal use policy does not override statutes, rules, regulations, or agency orders governing the use of specific types of government property or equipment (e. g., 31 U.S. C and MS 522, governing the use of government-owned or -leased motor vehicles)

157 2.0 Authority Executive Order 13011, "Federal Information Technology," which authorizes the Chief Information Officers (" CIO") Council to "develop recommendations for overall Federal information technology management policy, procedures, and standards." The CIO Council "Recommended Executive Branch Model Policy/Guidance on Limited Personal Use of Government Office Equipment." 3.0 Authorized Personal Use is a Privilege not a Right The use of government office equipment for non-government purposes is a privilege --not a right --that may be revoked or limited at any time at the discretion of an employee's supervisor or the Chief Information Officer. The conduct of official government business always takes precedence over any limited personal use. Employees are expected to use common sense and good judgment when using government office equipment. While each employee is responsible for his/her own actions, supervisors are responsible for monitoring employees' activities and determining which uses of government office equipment are inappropriate. 4.0 Definitions For purposes of this policy: 4.1 Employees "Employees" means Peace Corps employees, personnel of Peace Corps contractors, interns, special government employees such as Experts and Consultants, and other non- government employees such as Personal Service Contractors. 4.2 Government Office Equipment "Government office equipment" includes, but is not limited to: personal computers and related peripheral equipment and software, library resources, telephones, facsimile machines, photocopiers, Internet connectivity and access to Internet services, , and office supplies (except stationery with Peace Corps letterhead or logo) to the extent such supplies are required to use government office equipment. 4.3 Minimal Additional Expense "Minimal additional expense" means that an employee's personal use of government office equipment is limited to situations where the government is already providing equipment or services and the employee's use of the equipment or services will not result in any additional expense to the government or the use will result in only normal wear and tear or in the use of small amounts of such items as electricity, ink, toner, or paper. Examples of personal uses that involve minimal additional expense include: making a few photocopies; using a computer printer to print a few pages of material; making occasional brief local telephone calls (consistent with agency policy and 41 CFR ); infrequently sending personal messages; or making limited use of the Internet for personal reasons. Note that certain uses of telecommunicationsbased services may qualify as a minimal additional expense in the United States, but not overseas if the connection and access costs involve significant rather than minimal additional expense to the agency

158 4.4 Employee Non-work Time "Employee non-work time" means time when the employee is not otherwise expected to be addressing official business. Employees may, for example, use government office equipment before or after their workday, or during lunch periods or authorized breaks. 4.5 Person Use "Personal use" means use of government office equipment for purposes other than accomplishing official or otherwise authorized activity. 5.0 Inappropriate Personal Use Inappropriate personal use of government office equipment includes: a. Any personal use that could cause congestion, delay, or disruption of service to any government system or equipment. Examples of uses that would be inappropriate because of their potential to degrade the entire network include, but are not limited to: greeting cards, video, sound, large file attachments, "push" technology on the Internet, and continuous data streams. b. Use of any government system as a staging ground or platform to gain unauthorized access to other systems. c. The creation, copying, transmission, or retransmission of chain letters or other unauthorized mass mailings regardless of the subject matter. d. Use for activities that are illegal, inappropriate, or offensive to fellow employees or the public. Such activities include, but are not limited to: hate speech, or material that ridicules others on the basis of race, creed, religion, color, sex, disability, national origin, or sexual orientation. e. The creation, downloading, viewing, storage, copying, or transmission of sexually explicit or sexually oriented materials. f. The creation, downloading, viewing, storage, copying, or transmission of materials related to gambling, illegal weapons, terrorist activities, or any other illegal or prohibited activities. g. Use for commercial purposes or in support of "for-profit" activities or in support of other outside employment or business activity (e. g., consulting for pay, sales or administration of business transactions, sale of goods or services). h. Use to engage in any outside fund-raising activity, to endorse any product or service, to participate in any lobbying activity, or to engage in any prohibited partisan political activity. i. Use for posting agency information to external newsgroups, bulletin boards, or other public fora without authority. This includes any use at odds with the agency's mission or positions, or that could create the perception that the communication was made in one's official capacity as a federal government employee. j. The unauthorized acquisition, use, reproduction, transmission, or distribution of any controlled information, including computer software and data, that includes privacy information; proprietary data; export controlled software or data; or material that is copyrighted, trade marked, or to which other intellectual property rights attach (beyond fair use). 6.0 Disclaimers It is the responsibility of employees to ensure that they do not give the false impression that they are acting in an official capacity when they are using government office equipment for authorized personal use. When using Peace Corps office equipment, employees must use a disclaimer for any personal use that could reasonably be interpreted as an official Peace Corps statement or action. One acceptable disclaimer is: "The contents of this message are mine personally and do not reflect any position of the U.S. government or the Peace Corps."

159 7.0 Remember It Belongs to the Government 7.1 Any use of government communications resources should be made with the understanding that such use is generally not secure, is not private, and is not anonymous. 7.2 The Peace Corps employs monitoring tools to detect inappropriate personal use of government office equipment. An employee's personal electronic communications may be disclosed to other employees who have a need to know in the performance of their duties. Agency officials, such as system managers and supervisors, may access any electronic communications. 7.3 By using government office equipment, employees imply their consent to: 1. disclosing the contents of any files or information maintained or passed through government office equipment; and 2. having their use of government office equipment monitored and recorded, with or without cause, including but not limited to their access to the Internet and use of Sanctions for Inappropriate Personal Use An employee's unauthorized or inappropriate personal use of government office equipment could result in sanctions against the employee, including loss of use or limitations on use of equipment, disciplinary or adverse administrative actions, criminal penalties, and/or financial liability for the cost of any inappropriate personal use

160 MS 652: Disciplinary Procedure for Foreign Service Employees Date: 5/10/84 Responsible Office: M/PM Supercedes: MS606 Table of Contents Attachments Table Of Contents 1.0 Purpose 2.0 References 3.0 Scope 4.0 Policy 5.0 Matters Covered 6.0 Definitions 6.1 Days 6.2 Deciding Official 6.3 Discipline 6.4 Personal Cause 6.5 Proposing Official 6.6 Reprimand 6.7 Suspension 6.8 Termination 7.0 Procedures 7.1 Delegation of Authority Issuance of Official Reprimands Suspension or Termination of an Employee for Cause 7.2 Purpose of Disciplinary Actions Informal Disciplinary Actions Formal Disciplinary Action 7.3 Choosing Among Disciplinary Actions 7.4 Procedures for Formal Discipline Reprimands Notice of Proposed Action Consideration of the Employee's Reply Notice of Final Decision Other Requirements

161 8.0 Effective Date Suspensions and Terminations for Personal Cause General Notice of Proposed Action Consideration of Employee's Reply Notice of Final Decision Emergency Suspension Appeals Representation Use of Official Time Freedom from Reprisal or Interference Access to Agency Records The Employee Assistance Program (EAP) Attachments Attachment A Guide for Employee Conduct (MS 652.doc) 1.0 Purpose The purpose of this Manual Section is to provide information on using discipline as a constructive tool in securing maximum employee contribution to the accomplishment of Peace Corps' mission; and to establish standard policies and procedures for disciplinary action for Foreign Service employees. 2.0 References Sections 7(b) and 7(c) of the Peace Corps Act, as amended. Article XIX of the Negotiated Agreement. 3.0 Scope This Manual Section applies to all Foreign Service employees except: Presidential appointees, i.e., employees whose appointments are required to be confirmed by or made with the advice and consent of the Senate. Senior Foreign Service employees; Peace Corps Country Directors; Employees who hold temporary appointments; and Foreign Service Nationals (FSN); 4.0 Policy Peace Corps employees are expected to maintain high standards of personal integrity, conduct and effectiveness as outlined in Manual Section 641, Employee Standards of Conduct. When such standards are not met, it is essential that prompt and just corrective action be taken. The policy of Peace Corps is to

162 maintain at all times the standards of conduct and efficiency which will promote the best interests of the service. When clearly warranted, disciplinary actions are to be initiated promptly in accordance with the policy and procedures outlined herein. Any disciplinary action taken must be based on good cause, be consistent with laws and regulations governing such actions, and be fair and equitable. 5.0 Matters Covered The reprimanding, suspension, or termination of a foreign service employee for personal cause is subject to the procedures set forth in this Manual Section. 6.0 Definitions 6.1 Days Calendar days, unless otherwise specified. 6.2 Deciding Official The Peace Corps Director, Associate Directors, Heads of Staff Offices, and the General Counsel. 6.3 Discipline An action taken by a management official to correct an employee's behavior. Discipline includes, in ascending order of severity, oral admonishments, reprimands, suspension and termination of employment. 6.4 Personal Cause Reasons which emanate from the employee and his or her actions on and off the job. 6.5 Proposing Official Officially designated unit supervisors and Peace Corps Country Directors. 6.6 Reprimand A written formal disciplinary action for misconduct, inadequate performance or repeated lesser infractions. 6.7 Suspension A temporary, enforced, absence from duty in a non-pay status which may be imposed as a penalty for significant misconduct or repeated less serious infractions. 6.8 Termination The involuntary severance of an employee's employment with the Agency

163 7.0 Procedures 7.1 Delegation of Authority Issuance of Official Reprimands Officially designated unit heads in the United States and Country Directors overseas are authorized to both propose and decide to issue official reprimands to their subordinates Suspension or Termination of an Employee for Cause The authority to propose a suspension or a termination for cause is delegated to officially designated unit supervisors in the United States and to Country Directors for overseas staff. The authority to decide is delegated to the Associate Directors, the General Counsel, and Directors of Staff Offices. NOTE: These delegations are from the Director of the Peace Corps, through intervening management levels and in no way limit the authority of higher levels to initiate proposed actions which are within the authority of their subordinates (e.g., an Associate Director may propose discipline for any employee under his or her jurisdiction). Further, when an employee reports directly to an official who is the authorized deciding official at that level, that official shall assume the role of the proposing and deciding official. 7.2 Purpose of Disciplinary Actions In those cases where corrective action becomes necessary, the disciplinary measures taken should have a constructive effect. Disciplinary action will be taken for the purpose of correcting the conduct of offending employees and maintaining discipline and morale among other employees. Where corrective action can be accomplished through closer supervision, on-the-job training, or oral admonishments, formal disciplinary action should not be taken. Constructive discipline, to be effective, must be timely. The results achieved diminish in proportion to the time allowed to elapse between the dates of the offense and the corrective action taken. For bargaining unit employees, the negotiated agreement requires that, where severe disciplinary actions might eventually be based on a series or pattern of minor offenses, each of the individual offenses be handled with increasing severity, beginning with counseling and oral admonishment Informal Disciplinary Actions Oral admonishments are the first step in constructive discipline. As a general rule, such actions are taken by the supervisor on his or her own initiative in situations of a minor nature involving violation of a rule, regulation, standard of conduct, safety practice, or authorized instruction. The employee should be interviewed and should be advised of the specific infraction or breach of conduct, exactly when it occurred, and should be permitted to explain the conduct or act of commission or omission. The supervisor shall advise the employee of his or her right to have a representative present. If the employee's explanation is satisfactory, the supervisor should close the interview. If the explanation does not justify the actions or behavior of the employee, the supervisor should explain why and give specific advice as to how the employee can improve or correct the deficiency. The employee should also be told that repetition of the offense or of other offenses may result in more severe disciplinary action. The oral admonishment is an informal process and shall not be made a matter of record Formal Disciplinary Action Formal disciplinary actions consist of official reprimands, suspensions, and terminations. These forms of discipline are defined in paragraph 6. Instructions for taking such actions are found in paragraph

164 7.3 Choosing Among Disciplinary Actions Taking disciplinary action demands the exercise of responsible judgement so that an employee will not be penalized disproportionately to the character of the offense. This is particularly true of an employee who has a previous record of completely satisfactory service. A supervisor must evaluate each situation on the basis of its own factual circumstances to ensure that the disciplinary action proposed and taken is reasonable under those circumstances. Factors that should be considered are: The nature and seriousness of the offense, and its relation to the employee's duties, position and responsibilities, including whether the offense was intentional, technical, inadvertent, committed maliciously, for gain, or has been frequently repeated; Employee's job level and type of employment, including supervisory or fiduciary role, contacts with the public, and prominence of the position; Employee's past disciplinary record; Employee's past work record, including length of service, performance on the job, ability to get along with fellow workers, and dependability; Effect of the offense upon the employee's ability to perform at a satisfactory level and its effect upon the supervisor's confidence in the employee's ability to perform assigned duties; Consistency of the penalty with those imposed upon other employees for the same or similar offenses; Notoriety of the offense or its impact upon the reputation of the Agency; Clarity in notifying or warning the employee of conduct which violated Agency rules; Potential for the employee's rehabilitation; Mitigating circumstances surrounding the offense such as unusual job tensions, personality problems, mental impairment, harassment, or bad faith, malice or provocation on the part of others involved in that matter; and Adequacy and effectiveness of alternative sanctions to deter such conduct in the future by the employee or others. Not all of these factors apply in every case, neither is the above a complete list of possible considerations. Thus, management officials must consider the relevant factors of each case, and strike a responsible balance in deciding a reasonable action. 7.4 Procedures for Formal Discipline Reprimands Before issuing a reprimand, the authorized official should meet with the employee and his or her representative, if any, to notify him or her of the proposed reprimand and the information on which the reprimand is based. The employee then should be allowed to respond to the information on which the reprimand is based. The employee's response should be considered, and a determination made as to whether the reprimand is warranted. If warranted, the official issues a written reprimand which will include the specific facts on which the reprimand is based and informs the employee of his/her appeal rights. The reprimand will remain in the employee's Official Personnel File (OPF) for no more than one (1) year Notice of Proposed Action The notice of proposed reprimand must: Be in writing and signed by the employee's immediate supervisor or a higher management official; Cite specifically and in detail the factors or violations for which the reprimand is being issued and the reasons supporting the reprimand;

165 State the period of time (not to exceed one (1) year) the supervisor is proposing to leave the reprimand in the employee's OPF; Specify that the employee has the right to have a representative and that the representative shall be designated in writing; State that the employee or the representative, or both, may reply orally and/or in writing to the proposing official and that such a reply must be received within five (5) days of the receipt of the notice; Inform the employee that the employee and the representative will have a reasonable amount of official time to prepare and present a reply and that they may review the material relied upon in proposing the action; and Furnish the name and telephone number of the Employee Relations Specialist who may be contacted for assistance regarding procedures Consideration of the Employee's Reply The employee's reply will be carefully considered by the proposing official. That official will then decide whether to modify, withdraw, or issue the reprimand as proposed. In no case may the penalty imposed be harsher than what was originally pro- posed, and in no case may the decision be based on charges or other considerations not stated in the proposal Notice of Final Decision The notice of decision, which will constitute the letter of reprimand, will be issued at the earliest possible - date and must: Cite the notice of proposed reprimand and reiterate the charges in the proposed reprimand; Indicate if the employee replied and if so that the reply was considered; State the penalty, if any decided; State the employee's right to contest the reprimand by filing a grievance and the appropriate procedures and time limits for doing so; and State the name and telephone number of the Employee Relations Specialist who may be contacted for assistance regarding procedures Other Requirements The official reprimand should be personally delivered to the employee and written acknowledgement of receipt obtained on a copy of the reprimand. In addition, the employee will be provided with an extra copy for the representative, and that copy will be annotated as the representative's copy. If personal delivery is not possible, two copies of the letter will be sent through the United States mail, one certified return receipt requested and the other by regular first class mail. The acknowledged copy of the reprimand must be forwarded to the Employee Relations Specialist, Office of Personnel Management (M/PM) Suspensions and Terminations for Personal Cause General Suspension and termination for personal cause actions also require that an employee be given a notice of proposed action, an opportunity to reply, and a notice of decision. These notices will be prepared by the Employee Relations Specialist, Office of Personnel Management, at the request of an authorized official Notice of Proposed Action

166 The notice of proposed action must: Identify specifically the proposed action, e.g., suspension for three workdays; Specify the reasons for the action; Specify that the employee has the right to have a representative; the representative shall be designated in writing; Inform the employee of his or her duty status during the notice period, and that no final decision will be made to effect the action until the employee's reply, if any, has been considered; Specify that the employee or the representative may reply orally, in writing, or both, to the action and submit affidavits in support of his/her answer and that the reply must be received by a cited official within fourteen (14) days of receipt of the notice; Inform the employee that requests for extension of the time limit to reply will be considered by a cited official if made within the fourteen day time limit to reply; Furnish the name and telephone extension of the Employee Relations Specialist who may be contacted for assistance concerning procedures; Inform the employee that the employee and representative will be given a reasonable amount of official time to prepare a reply if he or she is otherwise in an active duty status, that they may review the material on which the proposal is based, and the person to contact to review the material; and Specify whom the employee can contact to make arrangements to make an oral reply. NOTE: The notice of proposed action must be delivered in accordance with paragraph of this Manual Section Consideration of Employee's Reply The employee's reply will be carefully considered by the deciding official. It is that official's responsibility to determine the correctness of the charge(s). The reply may contain denials or other evidence which contradicts the charges or lessens their seriousness. Therefore, the deciding official must examine the reply objectively and in detail before deciding. If there is conflicting evidence, the decision whether to modify or withdraw the proposed action or to take the action as proposed depends upon the preponderance of credible evidence. In no case may the penalty imposed be harsher than what was originally proposed, nor may the decision to take action be based on charges or other considerations not stated in the proposed notice Notice of Final Decision The notice of final decision must be issued at the earliest possible date and must: Cite the notice of proposed action and reiterate the charge(s), the reasons for the charge(s), and the proposed action. Indicate whether or not the employee replied and, if so, that the reply was considered. State the penalty decided on, if any, and when it is to be imposed. (The penalty may not be effected prior to delivery of the decision letter. A decision to suspend a bargaining unit employee will be effected no earlier than fifteen (15) days after delivery of the final decision notice.) State the employee's right to grieve the suspension or termination and the procedure and time limits to do so. NOTE: The notice of final decision must be delivered in accordance with paragraph of this Manual Section

167 7.4.7 Emergency Suspension In an emergency, when the retention of an employee in an active duty status may result in damage to government property or may be detrimental to the interest of the Government, or injurious to the employee, his or her fellow workers, or the general public; the employee may be placed in a non-duty status pending completion of action on a proposed suspension or termination. The deciding official, in consultation with the Director of Personnel Management, shall make a determination as to the appropriateness of the emergency suspension. The Union shall be notified of such suspension within a reasonable period of time Appeals Employees may appeal reprimands, suspensions, and terminations for cause under one of the following: Bargaining unit employees may appeal under the provisions of Article XX of the Negotiated Agreement. Non-bargaining unit employees may appeal under the provisions of MS 655, Administrative Grievance Procedure Representation An employee may have a representative of his or her own choosing to represent the employee at any step of the proceedings. A person chosen by an employee must be willing to represent the employee and must be free to do so. For example, the person chosen must not be disqualified because of conflicts between the duties of his or her position and the responsibilities of a representative or unavailable to serve because of prior needs of the service or because of unreasonable costs to the Government attendant upon his or her services Use of Official Time The employee and the representative, if an employee of Peace Corps and otherwise in an active duty status, shall be on official time during the presentation of the appeal. The employee and the representative shall be permitted a reasonable amount of official time for preparing an appeal. The amount of time depends upon the nature and complexity of the action against the employee, the volume of the supporting evidence, and the amount of time that is required to obtain statements or affidavits from employees, or to have access to Agency records and regulations. Requests for additional time may be made and will be granted when justified by the circumstances. Such requests may be made to the Director of Personnel Management Freedom from Reprisal or Interference Employees who have received a proposed disciplinary action are free to use the appeal procedure without restraint, interference, coercion, discrimination or reprisal. An employee when acting in an official capacity for Peace Corps must not interfere with or attempt to interfere with another employee exercising his or her rights under the appellate system. No employee acting in an official or unofficial capacity shall take or threaten to take any act of restraint against an employee because he or she has exercised, or plans to exercise, any of his or her rights under this appellate system. An employee's representative is also free from restraint, interference, coercion, discrimination or reprisals for preparing and presenting a case as a representative of an employee in an appellate process

168 Access to Agency Records Employees are entitled to review their official personnel folder and any relevant information of the Agency for the purpose of preparing a reply to a proposed disciplinary action or in pursuing an appeal of such an action. However, employees may be restricted from examining certain documents. Typical documents or information which are restricted are: Documents to which the U.S. Office of Personnel Management limits access, e.g., certain medical information, certain documents in merit promotion files, suitability investigation reports, official personnel folders of other employees, etc.; Documents annotated as Top Secret, Secret, or Confidential; and Documents not subject to the disclosure requirements of the Freedom of Information Act, e.g., employment reference checks secured under a pledge of confidence, privileged communications between management officials, etc. Peace Corps officials shall, upon the request of the employee or the representative, make available for review any non-restricted document or information relevant to the proposed discipline or appeal. Disputes as to the relevancy of documents or information shall be resolved by the Director of Personnel Management The Employee Assistance Program (EAP) When a supervisor has reason to believe an employee's problems on the job are the result of alcohol or drug abuse, the supervisor is required by law to refer the employee to a specific assistance program prior to effecting disciplinary actions. Supervisors are encouraged to make such referrals in cases where the employee is having other types of personal problems; information on the Employee Assistance Program can be found in PCMS Effective Date This Manual Section takes effect upon the date of issuance

169 MS 653: Affirmative Action and Equal Opportunity Programs Date: 01/19/93 Office: Equal Employment Office Supersedes: MS 644 8/75, MS 645 8/77 MS 653 8/83 Table of Contents Attachments Table Of Contents 1.0 Purpose 2.0 Authorities 3.0 Scope 4.0 Policy 5.0 Definitions 6.0 Responsibilities 6.1 The Office of the Director The Office of the Director The Manager of Equal Opportunity The Director of Human Resource Management 6.2 American Diversity Committee 6.3 Agency Managers 6.4 The Director of the Peace Corps 7.0 Affirmative Action and Federal Equal Opportunity Recruitment Plans 7.1 Overview 7.2 Affirmative Action Planning, Implementation, and Evaluation Procedure Planning American Diversity Committee Implementation American Diversity Committee Manager of Equal Opportunity Office of Human Resource Management Agency Managers Evaluation 8.0 Disabled Veterans Affirmative Action Plan 8.1 Overview 8.2 Disabled Veterans Affirmative Action Plan Procedures

170 8.2.1 Agency Plan Implementation Evaluation 9.0 Individual Discrimination Complaints 9.1 Procedures 10.0 Effective Date Attachments Attachment A Attachment B 29 CFR Part 1614 Federal Sector Equal Employment Opportunity (MS 653.doc) Peace Corps Discrimination Complaint Processing Procedures (MS 6531.doc) 1.0 Purpose This Manual Section establishes overall as well as program specific affirmative action and nondiscrimination in employment policy, assigns responsibilities and records procedures for implementation. 2.0 Authorities This Manual Section is based on legal requirements for all federal agencies to establish Equal Employment Opportunity Programs (29 CFR Part 1614), with specific program requirements in the areas of disabled veterans (38 U. S. C. Section 2014, Sub-part C and 5 CFR, Part 720) and minority recruitment (22 U. S. C. Section 3905 (d) and E. O ) Additional authorities include: Section 717 of the Civil Rights Act of 1964, as amended, 42 U. S. Code 2000e-16, et seq.; Equal Employment Opportunity Act of 1972, Public law No , as amended; Executive Order 11478, 34 FR 12985, August 10, 1969, Non- Discrimination in the Federal Government ; Section 633a of the Age Discrimination in Employment Act of 1967, as amended, 29 U. S. C. 621, et seq., which prohibits discrimination in Federal employment against employees 40 years of age or older; Section 6( d) of the Fair Labor Standards Act of 1938, as amended, 29 U. S. C. 206( d), Equal Pay Act of 1963, which prohibits sex-based differences in wages where work performed is of equal skill, effort and responsibility; Federal Sector Equal Employment Opportunity 29 CFR Part 1614, et seq. ; Equal Employment Opportunity Commission Management Directive 107; Equal Employment Opportunity Commission Management Directive Scope This Manual Section applies to all U. S. citizen employees and/or applicants for employment with the Peace Corps, except host country or third country nationals employed or applying for employment outside of the United States. This Manual Section does not apply to Peace Corps Volunteers, Trainees or applicants for Peace Corps service

171 4.0 Policy The Peace Corps provides equal opportunity in employment for all persons; prohibits discrimination in employment because of race, color, religion, sex (including sexual harassment), national origin, age (40 years of age and older), mental and physical handicapping conditions, or marital status; and promotes the full realization of equal employment opportunity through continuing affirmative action. Recognizing that every employee can contribute to the accomplishment of its mission, the Peace Corps has never condoned discrimination on the basis of sexual orientation. The Peace Corps is committed to: 1. Providing equal employment opportunity for all employees and applicants for employment and prohibit discrimination in employment opportunities. 2. Ensuring equal employment opportunity applies to and is an integral part of every personnel policy and practice in the employment, development, advancement, treatment and retention of all employees and applicants for employment of the Peace Corps. 3. Providing for the prompt, fair and impartial consideration of all complaints involving issues of discrimination from Peace Corps Employees or prospective employees. 4. Upholding the intent of the Federal code of conduct and ethics for maintaining high standards of honesty, integrity, and impartiality and ensure that all employees are aware that sexual harassment violates those principles, and such behavior will not be tolerated in the Peace Corps workplace. 5. Providing for affirmative employment and diversity where there is an imbalance or absence of groups in the workforce EEO profile. This policy will be instituted through agency affirmative action planning, implementation and evaluation; an agency Disabled Veterans Affirmative Action Program; an agency Federal Women's Program; and an agency Hispanic Employment Program. Each manager and supervisor will be held accountable for improvements within their span of control. 5.0 Definitions Definitions given here are intended to clarify the language of this Manual Section and are intended for purposes of this Manual Section only. Disabled Veteran - a veteran who is entitled to compensation under the laws administered by the Veterans Administration, or a person who was discharged or released from active duty because of a service-connected disability. (Ref: 38 U. S. C. 2O11[ 3]) Hispanic American - a person of Mexican, Puerto Rican, Cuban, Central American, South American or other Spanish culture or origin regardless of race. (REF: OMB Circular No. 46 revised, May 12, 1977). 6.0 Responsibilities 6.1 The Office of the Director The Office of the Director The Office of the Director is charged with the responsibility of administering the agency's equal employment opportunity programs in accordance with applicable laws and regulations

172 6.1.2 The Manager of Equal Opportunity The Manager of Equal Opportunity, under the direction of the Office of the Director, is responsible for planning, implementing, and evaluating affirmative action within the agency. He/she also develops agency policy and manages the agency's affirmative action program, and is responsible for monitoring agency personnel staffing programs, the FEORP, and other agency activities designed to promote equality of opportunity through affirmative action The Director of Human Resource Management The Director of Human Resource Management (M/HRM) has prime responsibility for establishing and implementing the Disabled Veteran's Affirmative Action Program and is the agency's liaison with the U. S. Office of Human Resource Management (OPM) to provide technical assistance and guidance for monitoring and evaluating Peace Corps activities in that program. The Director of Human Resource Management is also responsible for preparing the agency's Federal Equal Opportunity Recruitment Program (FEORP) plan. 6.2 American Diversity Committee The committee will assume responsibilities for planning and implementing special emphasis programs as well as for affirmative action planning. Special emphasis programs include the Federal Women's Program and the Hispanic Employment Program. 6.3 Agency Managers Agency managers are responsible for ensuring that the policies and procedure set forth in this Manual Section are adhered to in their respective management areas by working in coordination with the following: The American Diversity Committee to ensure affirmative action for women and Hispanics. The Director of Human Resource Management to ensure affirmative action for disabled veterans The Manager of Equal Opportunity to plan, develop, implement, and evaluate agency systems for effectuating overall affirmative action. Also to administer the agency's equal employment opportunity programs in accordance with all applicable laws and regulations The Director of the Peace Corps The Director of the Peace Corps is responsible for making final determinations concerning proposed personnel actions which are questioned as not being compatible with reasonable progress as outlined in the Affirmative Action Plan. 7.0 Affirmative Action and Federal Equal Opportunity Recruitment Plans 7.1 Overview Under the direction of the Associate Director for Management, the Equal Employment Opportunity Unit in coordination with the Office of Human Resource Management and agency managers, prepares the agency's Affirmative Action Program Plan (AAP) and the required workforce analysis for submission to the Equal Employment Opportunity Commission

173 Under the direction of the Associate Director for Management, the Office of Human Resource Management (M/HRM) in coordination with the Equal Employment Opportunity Unit and agency managers, prepares the Peace Corps Federal Equal Opportunity Recruitment Program Plan, based on goals set in the Affirmative Action Program Plan. 7.2 Affirmative Action Planning, Implementation, and Evaluation Planning American Diversity Committee Affirmative action goals will be developed by the American Diversity Committee in consultation with agency managers. The Committee, in coordination with agency managers, will assign goals to each Peace Corps office, region, and service center based on its representation and the potential for affirmative action recruitment and career development. This information will be provided to the Peace Corps Employees Union. The Affirmative Action Program and FEORP plans will be provided to each office director for comment at least one week prior to their submission to the Director of Peace Corps for approval Implementation American Diversity Committee The American Diversity Committee, under the direction of the Manager of Equal Opportunity and in coordination with agency managers, will develop affirmative action goals Manager of Equal Opportunity The Manager of Equal Opportunity (D/EEO), after appropriate coordination, distributes employment goals to Peace Corps offices, based on each office's representation in each occupational series covered by the Affirmative Action Program. The Manager will issue quarterly statement identifying the percentage of women and members of the various groups in the Peace Corps by grade level. It will include a summary of progress toward meeting goals established by the Affirmative Action Program. This information will be provided to the Peace Corps Employees Union Office of Human Resource Management The Peace Corps Office of Human Resource Management will: Advise agency managers on recruitment, selection, and position management programs that could enhance career opportunities for all employees. Provide the Manager of Equal Opportunity with personnel data necessary for the analyses required in developing the AAP. Conduct periodic reviews of Peace Corps personnel policies and programs to determine targets for improvement of equality of opportunity. Review each proposed position and each personnel recruit, reassignment, or promotion action to ensure that the action is compatible with reasonable progress toward reaching affirmative action and FEORP goals

174 If a proposed personnel or position action is not considered compatible with reasonable progress, the Office of Human Resource Management (M/HRM), through the Associate Director for Management will return the action to the selecting official, who must prepare a justification for the action's priority over affirmative action goals. After receiving the justification, the Associate Director for Management may return it to the Office of Human Resource Management (M/HRM) for instructions for action or refer it to the Director of the Peace Corps for final determination. The decision of the Peace Corps Director is the agency's final determination Agency Managers Agency managers assist in developing AAP goals and FEORP objectives, and ensure that personnel actions within their respective office are compatible with agency AAP goals and FEORP objectives Evaluation Affirmative Action plans and accomplishments will be evaluated by the Manager of Equal Opportunity, with support from agency managers and the Office of Human Resource Management (M/HRM). The Manager of Equal Opportunity will report quarterly to the Director of the Peace Corps, specifying those offices not in compliance with the AAP. The Office of Human Resource Management (M/HRM) will prepare quarterly reports for the Manager of Equal Opportunity on progress toward goals in the FEORP. The Office of Human Resource Management will conduct periodic reviews of position management, staffing, classification, organization, and development to determine where greater potential exists to improve the equal opportunity posture of the Peace Corps. 8.0 Disabled Veterans Affirmative Action Plan 8.1 Overview Under the direction of the Associate Director for Management, the Director of Human Resource Management, in coordination with agency managers prepares the Agency's Disabled Veterans Affirmative Action Plan. 8.2 Disabled Veterans Affirmative Action Plan Procedures Agency Plan The Agency plan must be developed on a yearly basis and contain the following; A statement of Peace Corps' policy with regard to the employment and advancement of disabled veterans, especially those who are 30 percent or more disabled. The name and title of the official assigned overall program leadership for the action plan. An assessment of the current status of disabled veteran employment, with emphasis on those veterans who are 30 percent or more disabled. A description of how the Peace Corps will provide or improve internal advancement opportunities for disabled veterans. A description of how the Peace Corps will inform its field offices, on a regular basis, of their responsibilities for employing and advancing disabled veterans

175 A description of how Peace Corps will monitor, review, and evaluate its planned efforts, including implementation at field offices during the period covered by the plan Implementation An accomplishment report must be submitted to the U. S. Office of Human Resource Management annually and must contain the following: Methods used to recruit and employ disabled veterans, especially those who are 30 percent or more disabled. Methods used to provide or improve internal advancement opportunities for disabled veterans. A description of how the activities of headquarters and field offices were monitored, reviewed, and evaluated. An explanation of Peace Corps' progress in implementing its Disabled Veterans Affirmative Action Program plan during the fiscal year Evaluation The Director of Human Resource Management (M/HRM) must certify to the U. S. Office of Human Resource Management by December 1 of each year that Peace Corps has an up-to-date plan. 9.0 Individual Discrimination Complaints 9.1 Procedures Employees or applicants for employment with the Peace Corps who believe that they have been treated differently with regard to an employment opportunity because of race, color, religion, sex (including sexual harassment), national origin, age, physical or mental handicapping conditions, or retaliation or reprisal should contact an Equal Employment Opportunity Counselor within 45 days of the occurrence or the date they receive notification of the action. The regulations which govern the processing of discrimination complaints filed against the Peace Corps can be found in Title 29, Code of Federal Regulations, Part 1614, and any amendment thereto. A copy of 29 CFR Part 1614 constitutes Attachment A of this Manual Section. Attachment B is a brief summary of Peace Corps' discrimination complaint processing procedure under 29 CFR Part Effective Date This Manual Section shall take effect on the date of issuance

176 MS 655: Employee Grievance Procedure Date: 3/21/84 Office: M/PM Supersedes: MS 605, dated 4/7/77 Table of Contents Table Of Contents 1.0 Purpose 2.0 Background 3.0 Scope 4.0 Definition 4.1 Grievance 5.0 Exclusions to Grievance Procedures 6.0 Policy 6.1 Freedom to Initiate Grievances 6.2 Entitlement to Representation Conflict of Interest 6.3 Access to Agency Records 6.4 Official Time for Presentation of Grievance 6.5 Time Limitations Involved in Responding to Grievances 6.6 Grievance Procedures First Level Second Level Third Level 6.7 Rejection of Grievance 6.8 Adjustment or Referral of Grievance to Examiner Inquiry Conduct of Hearing Witnesses Freedom to Testify Travel Costs Report of Hearing 6.9 Grievance File and Examiner's Report Review by Employee 6.10 Decision by Deputy Director 6.11 Disposition of Grievance File 7.0 Effective Date

177 1.0 Purpose This Manual Section establishes Peace Corps policies and procedures for resolving employee grievances. 2.0 Background Peace Corps Act, as amended, Section 7. Part 771 of the Code of Federal Regulations. Federal Personnel Manual (FPM) Chapter Scope This Manual Section applies to all Peace Corps employees, whether members of Foreign Service or employed under authority of the General Schedule, except Presidential appointees, Foreign Service National employees, and experts and consultants. This procedure cannot be used by employees who are members of a bargaining unit certified under Executive Order 11491, as amended, for matters covered by a negotiated grievance procedure. 4.0 Definition 4.1 Grievance A grievance is a request by an employee, or by a group of employees acting as individuals, for personal or group relief in a matter of concern or dissatisfaction which is subject to the control of Peace Corps management. Typical examples of conditions or events about which an employee may file a grievance include, but are not limited to: disapproval of leave; inadequate space; relationships with supervisors and other employees; the scheduling of overtime; supervisory letters of warning concerning personal conduct or work performance; intimidation or coercion; and office decor. An employee may seek redress from a letter of reprimand or a suspension of fourteen (14) days or less through the grievance procedure. 5.0 Exclusions to Grievance Procedures The following are excluded from consideration as grievances: A matter which is appealable to the Merit Systems Protection Board (MSPB), subject to final administrative review by the U.S. Office of Personnel Management, or the Equal Employment Opportunity Commission, or otherwise subject to final Administrative review outside the Peace Corps, under applicable laws or regulations. Typical matters excluded by this subparagraph applicable to both Foreign Service and General Schedule employees are: MATTER EXCLUDED An Allegation or Complaint of Discrimination REG. APPEALABLE UNDER 29 CFR, Part 1613 A Fitness for Duty 5 CFR, Part 831 Examination Decision Subpart L

178 A Health Benefits Decision 5 CFR, Part 890 Examples of additional matters excluded by this subparagraph applicable only to General Schedule (GS) employees are: MATTER EXCLUDED OPM REG. APPEALABLE UNDER A Reduction-in-Force Action 5 CFR, Part 351 Performance Ratings 5 CFR, Part 430 Reduction in Grade or Removal 5 CFR, Part 432 Based on Unacceptable Performance Position Classification Decision 5 CFR, Part 511 Adverse Action Decision 5 CFR, Part 752 Salary Retention Decision 5 CFR, Part 536 The content of published Peace Corps regulations or policy; Non-selection for promotion from a group of properly ranked and certified candidates; An action terminating a temporary promotion within a maximum period of two (2) years and returning the employee to the position from which he or she was temporarily promoted; or reassigning or demoting the employee to a different position from which he or she was temporarily promoted, that is not at a lower grade or pay than the position from which he she was temporarily promoted; The substance of the critical elements of an employee's position which have been established in accordance with the requirements of Subchapter I of Chapter 43 of Title 5, U.S. Code and CFR, Part 430; Non-adoption of a suggestion or disapproval of a quality salary increase, meritorious increase, performance award, or any other kind of honorary or discretionary award; A preliminary warning or notice of action which, if effected, would be covered under the grievance procedure or excluded from coverage under this paragraph; Termination of a foreign service employee; Separation of a foreign service employee at the expiration of his or her appointment; and Separation of a foreign service employee during his or her trial period. 6.0 Policy Peace Corps' policy is to conduct its relations with all employees in a fair and impartial manner. However, the Agency recognizes that some employee dissatisfactions and misunderstandings will inevitably arise in working situations. In order to ensure that the inherent rights of an individual are recognized, this Manual Section provides informal and formal avenues through which all employees may seek remedial action with confidence of obtaining just treatment. The justness of the system, however, will be in direct proportion to the skill, understanding, fairness, and good judgment demonstrated by employees and supervisors alike. 6.1 Freedom to Initiate Grievances The initiation of a grievance shall not be construed as reflecting on an employee's standing, performance, or desirability to the Agency. Peace Corps intends that each supervisor maintain a healthy atmosphere in which an employee can speak freely and have frank discussions of problems. An employee who initiates a grievance shall be free from restraint, interference, coercion, discrimination, reprisal, or retaliation

179 6.2 Entitlement to Representation An employee has a right to present a grievance without representation or to be accompanied, represented, and advised by a representative at any stage of the grievance procedure. An employee may change his or her representative, but to do so he or she must notify the Director of Personnel Management (M/PM) of the change in writing. The representative may be an employee in the federal service or may be outside the federal service. A person chosen by the employee as his or her representative must be willing to represent the employee. In addition, he or she must be free to do so, e.g., freedom from disqualification because of priority needs of the service, unreasonable cost to the government or because of a conflict of interest or conflict of position - an incompatibility between the representation function and an employee' s off official duties Conflict of Interest Conflict of interest can take many forms. One example would be for a supervisor or other employee who may not be included in a bargaining unit, pursuant to E.O , as amended, to be represented by an official of a labor organization that represents or has pending a petition to represent employees under his or her direction or control or with whom he or she has substantial contact and dealings, or by an officer or employee of an association, federation, or council with which such a labor organization is affiliated. In the event of a challenge to whether the employee may be represented by the individual designated, the Director of Personnel Management shall decide the matter. 6.3 Access to Agency Records In the course of pursuing a grievance, employees are entitled to review their Official Personnel Folder and any relevant documents or information of the Agency which is not legally exempt from disclosure. Peace Corps officials shall, upon the request of an aggrieved employee or the representative, make available for review any non-exempt document or information relevant to the grievance. 6.4 Official Time for Presentation of Grievance An employee must be given a reasonable amount of time to present a grievance if he or she is in active duty status. An employee's representative, if an employee of Peace Corps and in active duty status, must also be given a reasonable amount of official time to present the employee's grievance. Time for presentation will include time for review of Agency records or regulations to the extent they cannot be secured or reviewed during non-duty hours. 6.5 Time Limitations Involved in Responding to Grievances Each grievance will receive full, impartial, and prompt consideration. The final decision on a grievance shall be issued as soon as possible, but not longer than 90 days, after initiation of the informal procedure. To insure orderly processing, the following time limits are established: Management shall complete action on employee grievances under the informal procedure within the prescribed time limits of the date an employee initiates a grievance. Completed action shall consist of resolution acceptable to the grievant or the last step of the informal procedure informing the employee of the reasons why the relief requested will not be granted. In presenting a grievance to the formal procedure level, the employee must file it in writing addressed to the Deputy Director, Peace Corps, within five (5) calendar days of receipt of the second level response. If the formal grievance is not resolved within ten (10) calendar days of receipt, the Deputy Director shall appoint an examiner to conduct an inquiry

180 The inquiry shall commence within seven (7) calendar days of referral. The examiner shall issue a report as soon as possible but within thirty (30) calendar days of referral. The Deputy Director, Peace Corps' shall issue a decision on the grievance within ten (10) calendar days after receipt of the examiner's report. Circumstances in individual cases may preclude meeting one or more of the above cited time limits, however the parties and the examiner should complete processing within the time limits cited above. Either party may request an extension of the time limits stated above. 6.6 Grievance Procedures First Level An employee may initiate a grievance within ten (10) calendar days of the incident complained of, or within ten (10) calendar days after he or she becomes aware of the incident. An employee may present a grievance concerning a continuing condition or practice at any time. An employee initiates a grievance by presenting it orally or in writing. Overseas employees must initiate a grievance with the Country Director. Other employees must initiate a grievance with their immediate supervisor. The official contacted shall give the employee an answer in writing within five (5) calendar days Second Level If the matter is not resolved at the first level to the employee's satisfaction, the employee may resubmit the grievance in writing to the cognizant Office Director (Associate Directors, Directors of Staff Offices, and the General Counsel) via the official at the first level within five (5) calendar days of receipt of an answer at the first level. The Office Director shall respond in writing to the grievance within fifteen (15) calendar days of receipt. An Office Director may, by written published order, delegate authority to immediate supervisors to act on grievances arising from employees under the subordinate's jurisdiction so that grievances can be resolved at the lowest level, EXCEPTION: WHERE THE OFFICE DIRECTOR IS THE GRIEVANT'S SUPERVISOR, THERE WILL BE NO SECOND LEVEL; THE GRIEVANCE WILL GO FROM THE FIRST LEVEL TO THE THIRD LEVEL Third Level If the grievant is dissatisfied with the second level response, he or she is entitled to present the grievance in writing to the Deputy Director, Peace Corps, (the deciding official) via the Director of Personnel Management provided: The employee has completed action under the informal procedure; The employee presents the grievance so that it is received by the Deputy Director within five (5) calendar days after receipt of the second level response; (Overseas employees must present their formal grievance via the Country Director within five (5) calendar days of receipt of the second level response); and The grievance contains sufficient detail to identify and clarify the basis for the grievance, specifies the Personal relief requested by the employee, and is signed by the employee, or a person designated in writing by the employee to be his or her representative for the purpose of the grievance. If the internal process has not been adhered to, the Deputy Director may return the grievance to the grievant for completion of the first or second level, as necessary. Further, the Deputy Director may request additional information to identify or clarify the grievance or the relief requested

181 6.7 Rejection of Grievance The Deputy Director may reject the grievance if: It was not filed within the time limits specified for filing under the informal and formal procedures as set forth in paragraph 6.6; The grievance consists wholly of a matter, or matters, excluded from coverage of the grievance system (see paragraph 5); or The relief requested by the employee is not personal to him or her. (A request for disciplinary action against a Peace Corps official or another employee would not be a request for personal relief). The notice of rejection must be in writing and give the reasons for the rejection. 6.8 Adjustment or Referral of Grievance to Examiner If the Deputy Director cannot resolve the grievance in a manner acceptable to the employee within ten (10) calendar days of receipt, he or she will appoint an examiner to conduct an inquiry Inquiry The examiner shall conduct an inquiry of a nature and scope appropriate to the issues involved in the grievance. At the examiner's discretion, the inquiry may consist of: The securing of documentary evidence; Personal interviews; A group meeting; A hearing; or Any combination of above. EXCEPTION: THE EXAMINER'S INQUIRY ON GRIEVANCES FROM OVERSEAS EMPLOYEES SHALL NOT INCLUDE A HEARING Conduct of Hearing If a hearing is held, the conduct of the hearing and production of witnesses shall conform with the following requirements: The hearing is not open to the public or the press and attendance at a hearing is limited to persons determined by the examiner to have a direct connection with the grievance. The hearing is conducted so as to bring out pertinent facts, including the production of pertinent records. Rules of evidence are not strictly applied, but the examiner shall exclude unduly repetitious testimony or evidence. Decisions on the admissibility of evidence or testimony are made by the examiner. Testimony is under oath or affirmation, administered by the examiner. The examiner shall give the parties an opportunity to present oral and written testimony that is relevant and material, and to cross-examine witnesses who appear to testify. The examiner may exclude any person from the hearing for resisting the authority of the examiner or misbehavior that obstructs the hearing

182 Travel and per diem expenses for the grievant's attendance at the hearing will be borne by his or her office. The grievant will be responsible for any travel and per diem expenses for his or her representative Witnesses Both parties are entitled to produce witnesses. Employees of Peace Corps shall serve as witnesses before an examiner when requested by the examiner after consideration of a request by an employee or the Agency representative. The examiner may also request witnesses on his or her own behalf, except in grievances concerning disciplinary actions, i.e, reprimands and suspensions of fourteen (14) days or less, where the burden of proof is with management to show that the action was warranted. If the requested witness's office director determines it is not administratively practicable to comply with the requests of the examiner, that official shall notify the examiner in writing of the reasons for that determination. With the agreement of both parties and the examiner, the testimony of the unavailable witness may be secured by deposition or written interrogatory. If, in the examiner's judgment, the presence of the witness is essential to a full and fair hearing, he or she may Postpone the hearing until such time as the Agency complies with the request. In cases of continuing refusal by management officials to make witnesses available, the Hearing Examiner may, at his or her discretion, refer the issue of witnesses to the Deputy Director for resolution. If, in his or her discretion, the Deputy Director determines that the production of witnesses as requested by the grievant is administratively impractical, he or she may direct that the testimony of the requested witness be obtained by deposition or affidavit or both. Employees of Peace Corps are in a duty status during the time they are made available as witnesses Freedom to Testify Employees who serve as witnesses are assured freedom from restraint, interference, coercion, discrimination or reprisal for presenting their testimony Travel Costs Travel and per diem expenses for witnesses who are employees of Peace Corps shall be borne by the office in which they are employed Report of Hearing The examiner at his or her discretion, shall determine how a hearing shall be reported and shall have a verbatim transcript or written summary of each hearing prepared, including all pertinent documents submitted to and accepted by him or her. When the hearing is reported verbatim, the examiner shall make the transcript a part of the record of the proceedings. When the hearing is not recorded verbatim, a suitable summary of pertinent portions of the testimony shall be made. When agreed to in writing by the Agency and the grievant (the parties), the summary constitutes the report of the hearing and is made a part of the records of the proceedings. If the examiner and the parties fail to agree on the hearing summary, the parties are entitled to submit written exceptions to any part of the summary; and these written exceptions and the summary constitute the report of the hearing and are made a part of the proceedings. 6.9 Grievance File and Examiner's Report The examiner shall establish a grievance file containing all documents related to the grievance, including statements of witnesses, records or copies thereof, and the report of the hearing when a hearing was held

183 6.9.1 Review by Employee On completion of his or her inquiry, the examiner shall make the grievance file available to the employee and the representative for review and comment Their comments, if any, shall be included in the file Decision by Deputy Director The Deputy Director will consider the examiner's report and the grievance file and issue a written decision to the employee. If the Deputy Director does not accept the examiner's recommendations, the decision shall set forth the basis for that determination. The Deputy Director, as the deciding official, acts with the full authority of the Director of the Peace Corps and his or her decision is final Disposition of Grievance File The grievance file, including any hearing record, the report of the examiner, and a copy of the decision letter, shall be forwarded to the Director of Personnel Management who will serve as the Agency's official custodian of all such files. 7.0 Effective Date This Manual Section shall take effect on the date of issuance

184 MS 658: Peace Corps Employee Assistance Program Date: 6/9/83 Office: M/PM Supersedes: MS 627, 3/17/75 Table of Contents Table Of Contents 1.0 Purpose 2.0 Scope 3.0 Policy 3.1 Alcohol and Drug Abuse 3.2 Job Security 3.3 Leave 3.4 Confidentiality 3.5 Self-referral 3.6 Supervisory Action 3.7 Expenses Incurred 4.0 Program Elements 5.0 Responsibilities 5.1 Director of Personnel 5.2 EAP Coordinator/Counselor 5.3 Training Officer 5.4 Supervisors 6.0 Confidentiality 6.1 Legal Basis 6.2 Other Counselor 6.3 Illegal Activities 6.4 Records 7.0 Family Considerations 8.0 Relationship to Disciplinary Action 9.0 Reasonable Accommodation 10.0 Effective Date

185 1.0 Purpose This Manual Section prescribes procedures for the Agency's Employee Assistance Program (EAP). Background and Authority Public Law (1946) authorizes Federal agencies to establish health services Programs to promote and maintain the physical and mental fitness of employees of the Federal Government. Section 2O1 of Public Law (197O) (42 U. S. C. 4561) and Section 413 of Public Law (1972) (21 U. S. C. 118O) mandate that Federal agencies develop and maintain appropriate prevention, treatment, and rehabilitation programs and services for Federal civilian employees with alcohol or drug problems. Section 7 of Public Law 96-18O (198O) and Section 8 of Public Law (198O) amend Public Laws and respectively, to encourage the expansion of program coverage to families of employees who have alcohol or drug problems and to employees with family members who have alcohol or drug problems. 42 CFR, Part 2, provides for, "Confidentiality of Alcohol and Drug Abuse Patients Records". Federal Personnel Manual FPM Letter encourages agencies with limited resources to enter into cooperative programs with other Federal agencies or to contract with private or public sources for professional services. FPM Subchapters and 792-6, FPM Supplement 792-2, and any current FPM letters not yet incorporated into the above, establish requirements and guidelines for implementing the EAP. 2.0 Scope The Program covers all Peace Corps employees, both permanent and temporary, and part-time, with the exception of Foreign Service Nationals and Personal Service Contractors. Overseas staff, especially in emergency situations, will rely on available local and embassy resources in addition to Agency EAP staff. Field staff of the Office of Recruitment, Placement and Staging will be referred by EAP staff to local counseling and rehabilitation services when possible. 3.0 Policy The policy of the Peace Corps is to assist its employees in maintaining satisfactory work performance. Therefore, when an employee's work performance, attendance, conduct, or reliability is impaired because of alcohol, drugs, emotional or behavioral problems, appropriate action must be taken to restore the employee to optimal job performance by encouraging and enabling the employee to seek and pursue assistance and treatment through the EAP. 3.1 Alcohol and Drug Abuse The Agency recognizes alcoholism and drug abuse as treatable health problems. For the purposes of this policy, alcoholism and drug abuse are defined as illnesses in which the employee's job performance is impaired as a consequence of the abuse of alcohol or drugs. Employees experiencing alcohol related problems, other drug abuse or drug dependency, or serious emotional or behavioral problems which adversely affect job performance will receive the same careful consideration and offer of assistance that is presently extended to employees having other illnesses or health problems

186 The Agency is not concerned with an employee's use of alcohol except as it may affect his or her job performance or the efficiency of the service, or reflects discredit on the Agency because of off-duty conduct. The Agency does not condone employee drug activity which is contrary to the law. When management has good reason to believe criminal conduct is directed towards or is potentially harmful to the person or property of others, management's first obligation is to those persons or properties; management's next obligation is to the employee involved. 3.2 Job Security No employee will have his or her job security or promotion opportunities jeopardized as a consequence of seeking assistance through the EAP; nor will an employee who refuses the service of the EAP be dismissed for that reason alone. However, a request for EAP assistance will not shelter an employee from administrative or disciplinary action if that employee's job performance or conduct is unacceptable. 3.3 Leave Employees will be permitted a reasonable amount of official time for visits or communication with EAP personnel. Employees will be authorized the use of a reasonable amount of sick leave, credit hours, annual leave, or, lacking these, leave without pay, for the purpose of seeking assistance or participating in a rehabilitation program. 3.4 Confidentiality The confidential nature of medical records of employees with alcohol abuse problems will be preserved in accordance with Section 333 of Public Law , as amended by Section 122 of Public Law (42 U. S. C 4582), and the implementing regulations. Records of employees with drug abuse problems will be maintained in accordance with Section 4O8 of Public Law , as amended by Section 3O3 of Public Law (21 U. S. C 1175), and the implementing regulations. 3.5 Self-referral Employees who suspect they may have an alcohol or drug abuse problem, even in the early stages, or other problems of a personal nature which affects their performance, are encouraged to seek counseling and information on an entirely confidential basis. They may contact the EAP coordinator and/or Agencycontracted counseling services. 3.6 Supervisory Action In those cases where an employee has a serious job-related problem resulting directly or indirectly from alcoholism, drug abuse or a Problem of a personal nature, managers and supervisors will take action in the form of (1) nondisciplinary procedures under which the employee is offered rehabilitative assistance, and (2) failing a response which results in acceptable work performance, regular disciplinary procedures. 3.7 Expenses Incurred The Agency offers the EAP counseling services involving problem identification and referral, whether by EAP officials or Agency-contracted services, at no cost to employees. Any further expense incurred for treatment or rehabilitation is at the expense of the individual employee. The employee may qualify for financial help from his or her Federal Employees Health Benefits plan if enrolled

187 4.0 Program Elements The Employee Assistance Program shall, as a minimum, provide the following: Counseling and referral services to employees who seek assistance in dealing with personal problems, such as alcohol or drug abuse, financial, marital, family or legal matters which the employee and/or his or her supervisor considers to be adversely affecting the employee's job performance. Consultation with managers and supervisors regarding the supervision of employees with Problems affecting their job performance and how to utilize the Program to assist the employees. Training for managers, supervisors and EAP staff to develop skills in identification and referral of employees with work performance problems. Continuing education and prevention programs for employees directed toward developing an awareness of alcoholism, drug abuse, and emotional or behavioral problems. A Promotional campaign to inform employees of the services available through the Program. Procedures to ensure the confidentiality of employees who are referred to the EAP or who seek assistance on their own. 5.0 Responsibilities 5.1 Director of Personnel The Director of Personnel Management has been designated by the Peace Corps Director as the EAP Administrator. He or she is responsible for the development, implementation, and on-going administration of the Program. The Director of Personnel Management shall: Ensure the allocation of staffing, financial material and informational resources adequate to provide for an effective program. Provide guidance for implementing the EAP consistent with the provisions of all applicable laws and regulations. Secure the support of other Agency officials required for the implementation of an effective program. Designate an EAP Coordinator/Counselor( s) and otherwise assign responsibilities for the administration of the Program EAP Coordinator/Counselor The EAP Coordinator is responsible for the day-to-day administration of the program and is accountable to the Director of Personnel Management. Generate publicity to promote better understanding of the Program among employees and to encourage self-referrals. Provide initial counseling to employees seeking assistance. Advise on the Agency's contracted counseling services, or other private or public resources for referral or treatment when appropriate, and make whatever arrangements are necessary. Maintain ongoing contact to assist the employee in effective readjustment on the job during and after referral, rehabilitation or treatment. Participate in supervisory training and advise managers and supervisors on the manner of dealing with specific cases involving troubled employees. Act as contract manager for any contracted counseling and referral services. Develop and maintain liaison with qualified community education, treatment, and rehabilitation services

188 Provide educational and informational material to employees and supervisors regarding alcohol and drug abuse and other behavioral problems which adversely affect job performance. Maintain the EAP's counseling and referral records in strict conformance with the confidentiality requirements of applicable regulations. Maintain appropriate statistics to be incorporated into Program reports. Prepare the annual report on Program activities required by the U. S. Office of Personnel Management. Eased on an evaluation of Program activities and results, make appropriate recommendations for changes in the Program. 5.3 Training Officer The Training officer shall: Include adequate coverage of EAP provisions and training in their application during supervisory training. Include adequate coverage of the EAP services during all employee orientation sessions. 5.4 Supervisors The immediate supervisor plays a key role in making this Program effective. Poor work performance may be indicative of serious underlying health, emotional or behavioral problems. When alcohol or drug abuse problems are the underlying factors in Poor work performance, timely intervention is especially critical. The supervisor shall: Be alert to changes in job performance, behavior or attendance of employees under his or her supervision. When an employee fails to Perform satisfactorily, a supervisor has both the right and the duty to discuss the deficiencies with the employee and to Provide him or her with opportunities to correct the problems, regardless of their origin. Dealing with poor performance is a basic supervisory responsibility. Early intervention will generally be most helpful in returning an employee to productivity. When alcohol or drug problems are underlying factors in poor performance, timely intervention may also lead to early, even life-saving, identification and treatment of the health problem. Keep a record of the employee's work performance --good points as well as bad --and document specific occasions when an employee's work performance fails to meet minimum standards or where the employee's pattern of performance appears to be deteriorating. Consult with the EAP Coordinator for advice on how to proceed with an employee who is not responding to ordinary supervisory methods. Supervisor's must be able to describe behavior to EAP staff, but should not attempt to diagnose or draw conclusions. Conduct interviews with the employee, focusing on poor work performance and his or her responsibility to correct it. Inform the employee of available EAP counseling and referral services if performance appears to be caused by any personal or health problem, although not normally discussing the possibility of a drug or alcohol problem with the employee. If an employee does not appear to be in full control of his or her faculties, immediately inquire about the employee's physical condition while keeping in mind that symptoms usually related to alcohol or drug use can also result from other health problems. After inquiring about the employee's condition, the Program Coordinator should escort the employee to Public Health service Unit or to a private physician. The supervisor or Coordinator, as appropriate, should be prepared to describe the employee's behavior and/or symptoms to the person providing the diagnosis and treatment. Where indicated, the employee should be further referred to a private physician, community health service or Agency-contracted counseling services

189 6.0 Confidentiality 6.1 Legal Basis 21 U. S. C 1175 and 42 U. S. C 4585 provide specific requirements for maintaining the confidentiality of patient information. All persons performing an alcohol or drug abuse prevention function are subject to these provisions and to the stated penalties for violating them. All personnel designated or expected to perform an alcohol or drug abuse prevention function should be familiar with these legal provisions. 6.2 Other Counselor If a counselor in another program --such as Equal Employment Opportunity or Upward Mobility --is advised by an employee of his or her drug problem, that counselor shall: Immediately refer the employee to designated EAP personnel for counseling regarding his or her drug Problem; Adhere to the above-referenced confidentiality requirements, which include protection of even the employee's identity; and Release drug-related information on the employee only upon his or her written Permission and only in accordance with the provisions of the law and regulations. 6.3 Illegal Activities Counseling persons with drug problems may sometimes involve discussion of their illegal activities. Personnel performing a drug abuse prevention function shall not disclose such information to law enforcement authorities unless so directed by a specific court order (not a subpoena), and should not seek to elicit information relating to crimes or criminal conduct from their clients. No counselor is bound to accept as a client an individual who persists in discussing illegal activities. Therefore, if information is disclosed on planned illegal activity against others, or specificity and detail of past illegal activity against others, the counselor should consult legal counsel regarding his or her responsibility, and should advise the employee that continued disclosure will result in termination of counseling services. Should termination of services occur, the counselor shall, if the employee was referred by management, advise management of the termination of services. 6.4 Records Federal Personnel Manual (FPM) Chapter 792, "Federal Employee Health and Counseling Programs" provides that medical records of employees with alcohol related Problems be accorded the same confidentiality as all other medical records. However, the use, maintenance and disclosure of medical/counseling records which include information on drug abuse are governed by the requirements of the previously referenced law and regulations. 7.0 Family Considerations Often employees who are not alcoholics, drug abusers, or experiencing any serious psychological Problem are, nevertheless, "troubled" by family members who suffer from any of the above conditions. Family members who are alcoholic, for example, can cause employees acute emotional stress and sometimes even Physical harm (e. g., the "battered Person" syndrome). These conditions may impact upon an employee's job Performance in much the same way that they would if the employee had an alcohol, drug, or other problem. Such an employee needs assistance at least as much as does the family member with the alcohol, drug, or emotional or behavioral problem

190 Referral of an employee whose performance is affected by the alcoholism, drug abuse, or emotional or behavioral problem of a family member shall be handled in the same way as any other client referral. The employee is responsible for correcting the unacceptable job performance as in any other case. 8.0 Relationship to Disciplinary Action The EAP supplements but does not replace other methods of dealing with problem employees. In relating the EAP to disciplinary policies and procedures, the Program will be carried out as a nondisciplinary procedure aimed at rehabilitation. The Purpose of the EAP is to correct unsatisfactory performance or conduct, hopefully before disciplinary action becomes necessary. The purpose of discipline is to correct behavior and to maintain efficiency and morale. Referral of an employee to the EAP for assistance is not, however, a bar to disciplinary action. Once the employee has been referred and if the employee refuses to participate, or if there is no acceptable improvement in performance and conduct, appropriate disciplinary action may be taken. In certain instances, it may be appropriate and necessary to take immediate action where the employee is dangerous or disruptive to the work setting. Shielding problem employees by tolerating poor performance or conduct contributes to the progression of the problem by delaying entry into a rehabilitative program. Failure on the part of the employee to correct deficiencies should be dealt with through disciplinary procedures. 9.0 Reasonable Accommodation Recent decisions by the Merit Systems Protection Board (MSPB) indicate clearly that supervisors have an obligation to at least consider whether or not a conduct problem derives from an employee's health or other personal problem. If the supervisor believes that such a problem may be a partial cause, the supervisor is obligated to (1) tell the employee that he or she believes that a personal problem may be negatively impacting on the employee's performance and/or conduct, and thus is having detrimental effects on the Agency's ability to carry out its mission; and (2) strongly urge that the employee avail himself or herself of the Agency's EAP. MSPB is saying plainly that an Agency must reasonably accommodate an employee with a serious emotionally or physically handicapping condition (including alcoholism and drug abuse) by offering counseling to that person before taking disciplinary action. In addition, if the employee's performance can be considerably improved by a change in assignment or in working conditions, the supervisor or other management official shall make every reasonable accommodation to assist the employee Effective Date This section shall take effect on the date of issuance

191 MS 659: Labor-Management Relations Date: 9/20/83 Office: M/PM Supersedes: New Table of Contents Table Of Contents 1.0 Purpose 2.0 Background 3.0 Scope 4.0 Responsibilities 4.1 Associate Director, Management 4.2 Labor Relations Specialist in the Office of Personnel Management 4.3 Federal Labor Relations Authority 5.0 Policy 5.2 Negotiations Requirements for Agreements Negotiation Impasses Negotiability Disputes Review and Approval of Agreements 5.3 Standards of Conduct for Labor Organizations 5.4 Suspension of Labor Management Relations During Emergencies 5.5 Solicitation of Membership and Support 5.6 Use of Official Time 5.7 Furnishing Information 5.8 Use of Government Facilities 5.9 Payroll Withholding of Labor Organization Dues Dues Withholding Arrangements 5.10 Unfair Labor Practices and Grievance Proceedings Prohibited Practices--management 6.0 Effective Date Prohibited Practices--labor Organizations 1.0 Purpose This Manual Section establishes the policy and procedures that regulate Labor-Management Relations within Peace Corps

192 2.0 Background Chapter 71 of Title 5, U. S. Code, and implementing regulations. 3.0 Scope Any headquarters or service center employee, except for the following, is eligible for union representation. Employees not eligible for representation are as follows: Overseas employees; Any management official or supervisor; A confidential employee; An employee engaged in personnel work in other than a purely clerical capacity; An employee engaged in administering the provisions of this Manual Section; Any employee engaged in investigative or security work which directly affects national security; or Any employee primarily engaged in investigation or audit functions relating to the work of individuals employed by the Agency whose duties directly affect the internal security of the Agency, but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity. 4.0 Responsibilities 4.1 Associate Director, Management The Associate Director for Management is responsible for the Labor-Management Relations Program. He or she shall review negotiated agreements for the Director. The following actions shall be taken only after consultation with, and approval by the Associate Director for Management: Submission to the Federal Labor Relations Authority (FLRA) of any appeal; Submission to the FLRA of a request for a ruling on a question of negotiability; Agency response to the FLRA concerning any issue referred to the FLRA by a labor organization or employee; A request to the FLRA to grant an exception to an arbitration award issued in a case involving arbitration under a negotiated agreement; Submission to the Federal Service Impasses Panel (FSIP) of a negotiating impasse; Submission to the FLRA of an Agency position concerning unfair labor practices; Submission to the FLRA of questions as to the appropriateness of units for the purpose of exclusive recognition and related issues. The Associate Director for Management may redelegate responsibilities for any of the functions set forth in the first subparagraph above, as he or she deems appropriate. 4.2 Labor Relations Specialist in the Office of Personnel Management The Labor Relations Specialist is responsible for developing and recommending labor relations policies, implementing the Labor Relations Program, and coordinating Agency labor-management relations activities throughout Peace Corps. The Labor Relations Specialist in the Office of Personnel Management is assigned responsibility for attempting to resolve unfair labor practice charges filed with Peace Corps and for representing the Agency

193 in formal unf air labor practice proceedings, as well as in grievance-arbitration proceedings under any negotiated agreement. The scope and procedures of grievance arbitration are as set forth in such agreement. Heads of Staff Offices and Associate Directors are responsible for informing the Labor Relations Specialist promptly upon receipt of an unfair labor practice complaint or grievance and for cooperating in the conduct of an investigation of a complaint and in attempts to resolve complaints and grievances at the lowest levels. Heads of Staff Offices and Associate Directors will clear with the Labor Relations Specialist before filing an unfair labor practice charge or grievance. Title 5 of the U. S. Code includes a number of provisions which discourage or prevent duplicate processing of the same case or issue in multiple appeals forums --FLRA, grievance-arbitration, Merit Systems Protection Board and Equal Employment Opportunity Commission. Because of the complexity of these provisions and because ambiguities are resolved through the developing case-law, it is suggested that these kinds of questions be directed to the Labor Relations Specialist who will coordinate, as appropriate, with the Agency's EEO and Personnel officials, on a case-by-case basis. The Labor Relations Specialist in the Office of Personnel is the primary point of contact and the representative of Peace Corps with labor organizations, and with other agencies concerned with labor relations matters such as the FLRA, the FSIP, and the Federal Mediation and Conciliation Service (FMCS). Heads of Staff Offices and Associate Directors are responsible for the administration of labor relations programs within their organizations and within the scope of their authority. 4.3 Federal Labor Relations Authority The FLRA has been assigned jurisdiction for the formal adjudication of unresolved unfair labor practice complaints. The rules and procedures to be used in the processing of complaints are contained in its regulations. 5.0 Policy Peace Corps recognizes that participation of employees in the formulation and implementation of conditions of employment, through their freely chosen representation, is in the public interest and contributes to the efficient administration of the Government. The Agency recognizes the statutory right of employees to form, join, and assist a labor organization, or to refrain from any such activity. Employees may exercise these rights freely and without fear of penalty or reprisal. 5.2 Negotiations A labor organization granted exclusive recognition in an appropriate unit shall have the rights and obligations granted such organizations by 5 USC 7114( b), 7117 and related provisions of Chapter 71 of Title 5, U. S. C. It shall be the mutual responsibility of the designated representatives of the labor organization accorded exclusive recognition to meet at reasonable times and to negotiate with the objective of reaching agreement while avoiding unnecessary delays. The times during which negotiations may occur will be determined by agreement between the parties Requirements for Agreements All agreements negotiated by units in Peace Corps must conform to the requirements of Chapter 71 of Title 5, U. S. Code

194 5.2.2 Negotiation Impasses It is recognized that although the parties have diligently and in good faith attempted to resolve issues, impasse situations will develop and will be handled in accordance with Section 7719 of U. S. C. Mediation will be considered the primary means of resolving negotiation impasses within Peace Corps. When it appears that the parties are approaching an impasse situation, they are encouraged to utilize all the informal methods available to resolve the issue. When informal efforts fail to resolve the impasse, the service of the FMCS may be requested by either party. Peace Corps officials are required to obtain the concurrence of the Associate Director for Management prior to their initiating any such request, or at such a time as they are notified that the labor organization has requested the services of the FMCS. When the impasse prevails despite the efforts of the FMCS, the Associate Director for Management will determine whether Peace Corps will refer the issue to the FSIP for processing under its published rules and procedures. In cases where the Federal Service Impasses Panel (FSIP) asserts jurisdiction, the Labor Relations Specialist will provide the necessary advice, assistance, and representation for the Agency Negotiability Disputes Should an issue develop in the course of negotiations concerning the negotiability of any subject or proposal, the labor organization or the Agency official involved, or both may refer the issue in writing to the Director of Peace Corps. The Associate Director and the Labor Relations Specialist shall receive copies of the request for a negotiability determination at the same time as it is referred to the Director of Peace Corps. A determination as to negotiability will be made by the Director in accordance with Part of 5 CFR. Final decisions regarding disputes over the negotiability of certain matters will be made by the FLRA Review and Approval of Agreements All collective bargaining agreements negotiated by Peace Corps officials are subject to the approval of the Director of the Agency. In accordance with 5 USC 7114(c), the determination must be made within 30 days from the date the agreement is executed. Absent disapproval, the agreement shall be effective and binding after the 30-day period. 5.3 Standards of Conduct for Labor Organizations When information available to a Peace Corps official raises a question concerning a labor organization's compliance with the Standards of Conduct set forth in 5 USC 7120, that official shall promptly notify the Labor Relations Specialist, who may, after discussion with the national office of the labor organization involved, refer the matter under 5 USC 7120( d) and the implementing regulations of the Assistant Secretary of Labor for Labor-Management Relations to the Office of Labor Management and Welfare Pension Reports, Department of Labor. 5.4 Suspension of Labor Management Relations During Emergencies In situations of emergency, nothing in this section or any agreement entered into under its provisions shall restrict Peace Corps and its officials from carrying out the mission of the Agency. Whenever an emergency arises, and when practicable, the appropriate Agency official( s) shall discuss the nature of the emergency with representatives of the union and shall expect their full cooperation and assistance

195 5.5 Solicitation of Membership and Support Employees, while on Peace Corps premises, may solicit membership or support on behalf of, or in opposition to, a labor organization during the non-work time of the employees involved (this applies to both those soliciting and those being solicited), provided there is no interference with the work of the Agency. Employees, while on Peace Corps premises, may distribute literature on behalf of, or in opposition to, a labor organization provided there is no interference with the work of the Agency. Union representatives needing to enter other worksites in order to carry out Union functions will notify the supervisor of that worksite. Literature distributed on Agency premises must not violate any law or applicable provision of a negotiated agreement Use of Official Time In the interests of the efficient conduct of Government business and the economical use of Government time and in order to draw a reasonable distinction between official and non-official activities, the following limitations, in accordance with 5 U. S. C. 7( 3) b, are placed on the use of official time by Peace Corps employees: Activities concerned with organizing (including declassif ication) efforts and the internal management of a labor organization--including but not limited to the solicitation of membership, collection of dues or other assessment, circulation of authorization cards, petitions or dues withholding authorization forms, or solicitation of signatures on such items, campaigning for labor organization office, and the distribution of literature may not be conducted during the working hours of the employees involved. An employee attending labor organization membership meetings, internal elections, or local, state or national conventions within regular working hours, may take annual leave or leave without pay. A request for leave for this purpose must be submitted, in advance, in writing; its approval is subject to the needs of the Agency. Employees appearing as witnesses in a hearing at FLRA will be granted official time pursuant to the governing regulations of FLRA, in accordance with 5 USC 7131( c). Employees who represent labor organizations in the negotiation of a labor management agreement shall be granted official time in accordance with 5 USC 7131( a). An employee who is an official or representative of a labor organization holding exclusive recognition may be excused without charge to leave to attend a training session sponsored by that labor organization, provided the training is of mutual concern to Peace Corps and the employee in his or her capacity as a labor organization representative, and the Agency's interest will be served by the employee's attendance. The amount of administrative leave granted for this purpose shall be governed by applicable provisions in the prevailing negotiated agreement. A request for administrative leave for this purpose must be submitted in advance and in writing, and must provide the information necessary to determine the appropriateness of the training. The request will be submitted to the supervisor responsible for the employee's leave, with an information copy to the Labor Relations Specialist. 5.7 Furnishing Information Lists of names, positions, titles, grades, and/or duty stations of Peace Corps or unit employees will be furnished to labor organizations upon request. The labor organization requesting the list will reimburse the Agency for the cost of any information which the Agency is not required to furnish under 5 U. S. C. 7114( b) (4) or any other applicable negotiated agreement between the Agency and the labor organization. In the case of labor organizations granted exclusive recognition, the frequency with which updated lists of unit employees are furnished is a matter for negotiation. Requests for lists should be submitted to the Labor

196 Relations Specialist. As prescribed by the Privacy Act, 5 U. S. C. 552( a), lists of Peace Corps employees' home addresses or home telephone numbers cannot be furnished to labor organizations. 5.8 Use of Government Facilities The use of Agency facilities by labor organizations is a matter appropriate for negotiation and will be governed by the appropriate section of the prevailing negotiated agreement. Requests for the use of Agency facilities by labor organizations shall be made to the Labor Relations Specialist. 5.9 Payroll Withholding of Labor Organization Dues When a labor organization holds exclusive recognition for a unit of employees of Peace Corps, employees in the unit may authorize the payment of their dues to the organization through payroll withholding. An employee in the unit will have the right to make a voluntary allotment from his or her pay for the payment of dues to the labor organization, as well as the right to revoke such allotment if he or she desires to do so. The right to revoke under this subparagraph is subject to the provision in 5 USC 7115( a) and in accordance with the appropriate section of the Prevailing negotiated agreement. Where such allotment has been made by an employee, dues will be withheld from his or her pay each pay period, except that no dues will be withheld for any pay period in which the employee's net salary, after other legally required deductions, is insufficient to cover the amount of the allotment for dues. The amount to be withheld is based on the employee's salary Dues Withholding Arrangements Arrangements for the withholding of labor or gani zati on dues may be incorporated in the labormanagement agreement between the parties, subject to the provisions of 5 USC 7115, and will, as a minimum, provide the following: That the labor organization is responsible for obtaining the prescribed allotment form (Standard Form 1187); distributing the form to its members; certifying as to the amount of its dues; delivering completed forms to the appropriate payroll office; and educating its members on the program for allotments for payments of dues, including the voluntary nature of the election to have dues withheld and the one-year commitment under 5 USC 7115( a), and the uses and availability of the required form; That an allotment may be submitted to the payroll office at any time, together with a statement as to when such allotments become effective; That an allotment shall be terminated when the employee leaves the unit as a result of resignation, retirement, transfer, or other separation from the rolls of the activity, reassignment, promotion (except temporary promotion), or other personnel action, which removes the employee from the bargaining unit; when the agreement providing for dues withholding is suspended or terminated; or when the employee has been suspended or expelled from the organization; That the labor organization shall promptly notify the appropriate payroll office when a member who has authorized dues withholding is suspended or expelled from the organization; That there will be appropriate notification of the labor organization by the payroll office of the revocation of an allotment by an employee; That it is explicitly stated that employee revocations of dues withholding authorizations are to be effective and will be processed at 12 month intervals; and,

197 That the specific officer in the labor organization is identified who is designated to receive from the payroll office, after each payroll period for which deductions are made pursuant to voluntary allotments, the remittance of dues withheld and a listing of names, and the amount withheld. Peace Corps offices will maintain a supply of the form provided for use in revoking an allotment (Standard Form 1188) and will make this form available to employees upon request. However, a written request for revocation of an allotment, which is otherwise in order and signed by the employee, will be accepted and acted upon pursuant to the paragraph above, whether or not it is submitted on the form. It is the employee's responsibility to see that his or her written revocation is received in the payroll office at the appropriate time Unfair Labor Practices and Grievance Proceedings Prohibited Practices - Management Section 7116( a) of Title 5 U. S. Code, prohibits certain practices on the part of management. Supervisors and management officials at all levels of Peace Corps are responsible for assuring that they and any supervisors or managers under their supervision do not violate this section. For the purpose of this section, it shall be an unfair labor practice for an Agency to: 1. interfere with, restrain, or coerce an employee in the exercise by the employee of any right under this chapter; 2. encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment; 3. sponsor, control, or otherwise assist any labor organization, other than to furnish, upon request, customary and routine services and facilities if the services and facilities are also furnished on an impartial basis to other labor organizations having equivalent status; 4. discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has any information or testimony under the chapter; 5. refuse to consult or negotiate in good faith with a labor organization as required by the chapter; 6. fail or refuse to cooperate in impasse procedures and impasse decisions as required by the chapter; 7. enforce any rule or regulation (other than a rule or regulation implementing 5 USC 2302, dealing with prohibited personnel practices) which is in conflict with any applicable collective bargaining agreement if the agreement was in effect before the date the rule or regulations was prescribed; 8. fail or refuse to comply with any provision of this chapter." Prohibited Practices - Labor Organizations Section 7116( b) of Title 5 prohibits certain practices on the part of labor organizations or their representatives. Labor organizations are responsible for compliance of their officers and representatives. For the purpose of this chapter, it shall be an unfair labor practice for a labor organization to: 1. Interfere with, restrain, or coerce any employee in the exercise by the employee of any right under the chapter; 2. Cause or attempt to cause an Agency to discriminate against any employee in the exercise by the employee of any right under the chapter; 3. Coerce, discipline, fine or attempt to coerce a member of the labor organization as punishment, reprisal, or for the purpose of hindering or impeding the member's work performance or productivity as an employee or the discharge of the member's duties as an employee; 4. Discriminate against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or

198 nonpreferential civil service status, political affiliation, marital status, or handicapping condition; 5. Refuse to consult or negotiate in good faith with the Agency as required by the chapter; 6. Fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter; 7. Call or participate in, a strike, work-stoppage, or slowdown, or picketing of an Agency in a labor-management dispute if such picketing interferes with an Agency's operations; 8. Otherwise fail or refuse to comply with any provision of the chapter. Nothing in paragraph (7) shall result in any informational picketing which does not interfere with an Agency's operations being considered as an unfair labor practice. "For the purpose of the chapter it is an unfair labor practice for an exclusive representative to deny members hip to any employee in the appropriate unit represented by such exclusive representative except for failure - to meet responsible occupational standards uniformly required for admission, or to tender dues unif ormly required from enforcing discipline in accordance with procedures under its constitution or bylaws to the extent consistent with the provisions of the chapter." 6.0 Effective Date This Manual Section shall become effective upon the date of issuance

199 MS 662: Peace Corps Incentive Awards Program Effective Date: April 5, 2004 Supersedes: 9/30/88; 3/21/84 Responsible Office: Office of Human Resource Management, M/HRM Table of Contents Attachments Table Of Contents 1.0 Authorities 2.0 Purpose 3.0 Applicability 4.0 Definitions 5.0 Policy 6.0 Incentive Awards Committee 6.1 Purpose 6.2 Membership 6.3 Technical Advisors 6.4 Meetings 6.5 Review of Awards 6.6 Program Review 7.0 Office of Human Resources Management 8.0 Incentive Awards Administrator 9.0 Cash Awards 9.1 On the Spot Award 9.2 Time Off Award 9.3 Special Achievement Awards Sustained Superior Performance Award Special Act or Service Award 9.4 Benefecial Suggestion Award 9.5 Award Proposals Modified by the Incentive Awards Committee 9.6 Award Proposals Disapproved by the Incentive Awards Committee 9.7 Processing of Approved Awards 9.8 Availability of Funds 9.9 Self-approval of Awards 10.0 Honorary Awards

200 10.1 Exceptional Service Award 10.2 Appreciation Award 11.0 Career Service Recognition 11.1 Career Service Certificates 11.2 Retirement Certificates 12.0 Non-Peace Corps Awards 13.0 Reporting Requirement 14.0 Effective Date Attachments Attachment A Scale of Awards Based on Tangible Benefits/Scale of Awards Based on Intangible Benefits (662_atta_a.pdf) Attachment B Peace Corps Award Nomination Form (662_atta_b.pdf) Attachment C Peace Corps Suggestion Form/Peace Corps Suggestion Evaluation Report Form (662_atta_c.pdf) 22 U.S.C Purpose The purpose of this manual section is to establish the policies and procedures governing the Peace Corps Incentive Awards Program. 3.0 Applicability This manual section applies to all employees, including foreign service national employees, as well as to former employees and estates of deceased employees (if the award is based on service while they were employed) and to private citizens. 4.0 Definitions For purposes of this manual section: 4.1 'A Delegates' are those individuals identified as such by MS 114, Section 'Beneficial Suggestion Award' means a cash award granted to an employee or group of employees for

201 economy, efficiency, or effectiveness of Government operations. 4.3 'Cash Award' is an award provided as a lump-sum payment from the Peace Corps. 4.4 'Director's Staff Offices' are the Office of Communications, the Office of Press Relations, the Office of Planning, Policy, and Analysis, the Office of Private Sector Initiatives, the Office of the American Diversity Program, the Office of Congressional Relations, and the Office of the General Counsel. 4.5 'Honorary Awards' normally in the form of a plaque or certificate, are awards given in recognition of an exceptional or distinguished achievement or contribution not covered by other awards. Under special circumstances they may be accompanied by a cash award. 4.6 'Management Officials' are supervisors, office heads, and other Peace Corps employees responsible for overseeing Agency operations. 4.7 'Meritorious/Quality Step Increase' is an additional within-grade step increase in recognition of highquality performance above that ordinarily found in the type of position concerned, see MS 622, Within- Class/Grade Salary Increases, Section 'Non-Peace Corps Awards' are forms of recognition administered by other federal agencies, or by private organizations, for which Peace Corps employees are eligible as a result of their official Peace Corps work. They do not include awards or titles conferred by foreign governments (for rules on the acceptance of awards granted by foreign government, see 5 U.S.C. 7342, et seq.). 4.9 'On the Spot Award' is a cash award given to an employee or group of employees who perform a special act or service of a non-recurring nature 'Special Act or Service Award' is a cash award, accompanied by a certificate signed by the Peace Corps Director, recognizing a past special act or service or achievement of a non-recurring nature. A Special Act or Service Award is one type of Special Achievement Award 'Special Achievement Award' is a cash award granted in recognition of either sustained superior performance or performance in an exceptional manner of a special act or service of a non-recurrent nature

202 4.12 'Sustained Superior Performance Award' is a cash award, accompanied by a certificate signed by the Peace Corps Director, recognizing sustained excellence by a Peace Corps employee. A Sustained Superior Performance Award is one type of Special Achievement Award 'Time Off Award' is an award to an employee of time off without charge to leave or loss of pay. 5.0 Policy It is the policy of the Peace Corps and the responsibility of all management officials to: a. Recognize and equitably reward each employee or group of employees who by superior performance, suggestions, special achievements, or other personal efforts contribute to the improvement of Government operations; b. Encourage maximum employee participation by normally submitting award proposals for initial consideration within two weeks after the period of performance under consideration, and normally approving or disapproving proposed awards within one month after their submission; c. Foster a work place atmosphere and an awards program that will encourage maximum effort, inventiveness, stability, cost effectiveness, and group cooperation; d. Publicize awards granted and make known the reasons for the recognition, in order to preserve the credibility of the Incentive Awards Program and motivate employees; e. Give incentive awards only in recognition of actual performance that meets the criteria established in this manual section; f. Avoid giving incentive awards for unsubstantiated performance or for reasons unrelated to actual employee performance, and to avoid the non-recognition of significant employee contributions, thereby preserving the credibility of the Incentive Awards Program and maintaining employee morale; g. Ensure that award recommendations involve a minimum amount of paperwork and processing and meet statutory and regulatory requirements for expenditure of appropriated funds; h. Maintain the confidentiality of proposed awards until they have been fully and finally approved for implementation; i. Grant awards based solely on merit; j. Budget for awards at the individual office level; and k. Apply the standards and criteria established for awards in this manual section consistently and equitably. 6.0 Incentive Awards Committee 6.1 Purpose The purpose of the Incentive Awards Committee is to provide policy oversight for the Peace Corps Incentive Awards Program, to approve certain awards (see 9.0, 10.0), and to approve Meritorious Step Increases (see MS 622, Within-Class/Grade Salary Increases, section 5.3). 6.2 Membership The membership of the Incentive Awards Committee shall be: the Associate Directors for Management, Safety and Security, Volunteer Recruitment and Selection, and Volunteer Support; the Regional Directors, the Director of the Center for Field Assistance and Applied Research; the Director of the Crisis Corps; the Chief Information Officer; and the Chief Financial Officer

203 6.3 Technical Advisors The Awards Administrator and a representative of the Office of the General Counsel shall serve as technical advisors to the Incentive Awards Committee and shall attend all committee meetings. 6.4 Meetings Schedule The Incentive Awards Committee shall meet monthly and/or at other times, as the need requires Quorum A quorum shall be required before the Incentive Awards Committee may conduct business. A quorum shall consist of at least three members of the committee. 6.5 Review of Awards In evaluating proposals for awards and Meritorious Step Increases, the Incentive Awards Committee shall take the following factors into account: a. Conformance with established criteria; b. Relationship of the proposed award to the actual meritorious performance of the employee; c. Consistent and equitable distribution of awards among organizational units, among classes of employees, and among employees of differing grades; d. Sufficiency of the justification and documentation; e. Equitable treatment of the tangible and intangible benefits of the performance or act to be rewarded; f. Scope and impact of the performance or act to be rewarded. 6.6 Program Review At least once per year the Incentive Awards Committee shall evaluate all aspects of the Incentive Awards Program, and if appropriate, recommend changes to the Peace Corps Director. 7.0 Office of Human Resource Management The Director of the Office of Human Resource Management shall be responsible for the following: a. Operational management for all aspects of the Incentive Awards Program; b. Training supervisors and other management officials in the effective use of awards; c. Informing employees about the awards process; d. Ensuring that a notice informing employees of the existence of the Incentive Awards Program and a synopsis of the awards available under the program is posted in a prominent place in each building or other location occupied by Peace Corps employees; e. Coordinating the Incentive Awards Program with other personnel management systems; and f. Designating an Incentive Awards Administrator. 8.0 Incentive Awards Administrator The Incentive Awards Administrator shall be responsible for:

204 a. Day-to-day administration of the Peace Corps Incentive Awards Program; b. Ensuring that all award proposals adhere to the criteria and follow the procedures established in this manual section; c. Convening the Incentive Awards Committee to consider proposals requiring review by the committee; d. Convening the Incentive Awards Committee whenever any committee member requests such a meeting; e. Implementing the decisions of the Incentive Awards Committee, and of management officials with respect to awards; f. Processing proposals for Meritorious Step Increases in accordance with MS 622, Within- Class/Grade Salary Increases, Section 5.3; g. Preparing information regarding the names of award recipients and the types of awards they received (but not the amounts of any cash awards) and arranging for the regular distribution of such information to all Peace Corps employees; and h. Preparing the Agency s annual Incentive Awards Program Report to the U.S. Office of Personnel Management (see Section 13.0). 9.0 Cash Awards 9.1 On the Spot Award 'On the Spot Award' means a cash award given to an employee or group of employees who perform a special act or service of a non-recurring nature Criteria On the Spot Awards may be given for significant acts that are not of a magnitude to warrant a Special Act or Service Award Amount An On the Spot Award shall not exceed $ Procedures When a supervisor determines that an On the Spot Award is merited, the supervisor shall complete a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and attach an appropriate written justification for the proposed award. The supervisor shall then submit the proposal to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Incentive Awards Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director's Staff Offices, or for a Senior Foreign Service employee, the supervisor shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director for final review. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator for implementation. 9.2 Time Off Award 'Time Off Award' means an award to an employee of time off without charge to leave or loss of pay

205 9.2.1 Criteria A Time Off Award may be given in recognition of a noteworthy contribution to the mission of the Peace Corps Amount A Time Off Award may range from one to sixteen hours. The amount of a Time Off Award should be in proportion to the benefits realized by the Government as a result of the contribution being recognized, and shall be determined by comparing the contribution of the employee with the tangible/intangible benefits charts included as Attachment A, then converting the recommended cash award amount from the charts to time off using the employee's hourly rate of pay Procedures When a supervisor determines that a Time Off Award is merited, the supervisor shall complete a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and attach an appropriate written justification for the proposed award. The supervisor shall then submit the proposal to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Incentive Awards Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director's Staff Offices, or for a Senior Foreign Service employee, the supervisor shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director for final review. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator for implementation Use The following rules apply to the use of a Time Off Award: a. Time Off Awards may only be used in one-hour increments; b. Time Off Awards may only be used with the permission of the supervisor; c. Supervisors shall deny a request to use a Time Off Award, or cancel a previously granted request, only when an exigency of public business requires the employee to be at work during the period proposed for the use of the Time Off Award; d. An employee must use a Time Off Award within ten pay periods of the pay period in which the Time Off Award is granted; e. If an exigency of public business requires the denial or cancellation of an employee s request to use a Time Off Award, the supervisor may and shall extend the time available for use of the Time Off Award, in blocks of ten pay periods; f. Time Off Awards may not be converted to cash under any circumstances; and g. An employee who leaves Peace Corps employment with an unused Time Off Award forfeits the award. 9.3 Special Achievement Awards 'Special Achievement Award' means a cash award granted in recognition of either sustained superior

206 nature Sustained Superior Performance Award 'Sustained Superior Performance Award' means a cash award, accompanied by a certificate signed by the Peace Corps Director, recognizing sustained excellence by a Peace Corps employee. A Sustained Superior Performance Award is one type of Special Achievement Award Criteria A Sustained Superior Performance Award may be given to an employee whose overall performance was outstanding and whose performance of every critical element in his or her performance plan has been excellent over a minimum of three consecutive months. When superior performance is considered characteristic of an employee s continuing performance, and is therefore expected to continue in the future, a Meritorious Step Increase should be considered as the means for appropriate recognition. (See MS 622, Within-Class Salary Increases, Section 5.3.) Amount The maximum permissible amount for a Sustained Superior Performance Award shall be ten percent of the employee's base salary. The amount granted should reflect the degree to which the individual employee's performance exceeded the standards of performance for the job. The full amount (ten percent of the employee s base salary) for a sustained superior performance award may be granted only once in any 52-week period Procedures (Awards of $5,000 or less) When a supervisor determines that a Sustained Superior Performance Award of $5,000 or less is merited, the supervisor shall complete a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and attach an appropriate written justification for the proposed award. The supervisor shall then submit the proposal to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Incentive Awards Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director s Staff Offices, or for a Senior Foreign Service employee, the supervisor shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director for final review. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator for implementation Procedures (Awards of $5,001 to $10,000) When a supervisor determines that a Sustained Superior Performance Award of $5,001 to $10,000 is merited, the supervisor shall complete a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and attach an appropriate written justification for the proposed award

207 The supervisor shall then submit the proposal to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee, the proposal will then be transmitted to the Peace Corps Director. If approved by the Director the proposal will then be returned to the Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director s Staff Offices, or for a Senior Foreign Service employee, the supervisor shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director for final review. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator for implementation Procedures (Awards of $10,001 or more) When a supervisor determines that a Sustained Superior Performance Award of $10,001 or more is merited, the supervisor shall complete a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and attach an appropriate written justification for the proposed award. The supervisor shall then submit the proposal to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee, the proposal will then be transmitted to the Peace Corps Director. If approved by the Director the proposal will then be transmitted to the U.S. Office of Personnel Management. If approved by the U.S. Office of Personnel Management, the proposal will then be returned to the Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director s Staff Offices, or for a Senior Foreign Service employee, the supervisor shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director. If approved by the Director the proposal will then be transmitted to the U.S. Office of Personnel Management. If approved by the U.S. Office of Personnel Management the proposal shall be transmitted to the Incentive Awards Administrator for implementation Special Act or Service Award 'Special Act or Service Award' means a cash award, accompanied by a certificate signed by the Peace Corps Director, recognizing a past special act or service or achievement of a non-recurring nature. A Special Act or Service Award is one type of Special Achievement Award Criteria A Special Act or Service Award may be given in recognition of a past special act, service or achievement of a non-recurring nature, performed by a Peace Corps employee or group of employees in connection with official employment, and in a manner which substantially exceeded the normal expectation of the assignment. Examples of such activities include contributions beyond their normal scope of duties and responsibilities, displaying unusual courage or competence in an emergency, producing a particularly difficult project or report, or initiating a new procedure which results in significant savings to the Agency. The employee's past performance need not be considered characteristic or predictive of a future performance level in order for it to be recognized with a Special Act or Service Award

208 A Special Act or Service Award shall not be given in lieu of formally detailing an employee to a vacant position. (See MS 693, Policies and Procedures for Detailing Employees.) Amount The amount of a Special Act or Service Award should be in proportion to the benefits realized by the Government as a result of the act being recognized, and shall be determined by comparing the contribution of the employee with the tangible/intangible benefits charts included as Attachment A. When the award is for a group, all members of the group should share in the recognition. The amount may be shared equally or the total may be divided in proportion to the individual contributions of the employees. The maximum permissible amount a single employee may receive for a Special Act or Service Award shall be ten percent of the employee s base salary (Awards of $5,000 or less) When a supervisor determines that a Special Act or Service Award of $5,000 or less is merited, the supervisor shall complete a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and attach an appropriate written justification for the proposed award. The supervisor shall then submit the proposal to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Incentive Awards Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director's Staff Offices, or for a Senior Foreign Service employee, the supervisor shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director for final review. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator for implementation Procedures (Awards of $5,001 to $10,000) When a supervisor determines that a Special Act or Service Award of $5,001 to $10,000 is merited, the supervisor shall complete a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and attach an appropriate written justification for the proposed award. The supervisor shall then submit the proposal to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee, the proposal will then be transmitted to the Peace Corps Director. If approved by the Director the proposal will then be returned to the Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director's Staff Offices, or for a Senior Foreign Service employee, the supervisor shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director for final review. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator for implementation

209 Procedures (Awards of $10,001 or more) When a supervisor determines that a Special Act or Service Award of $10,001 or more is merited, the supervisor shall complete a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and attach an appropriate written justification for the proposed award. The supervisor shall then submit the proposal to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee, the proposal will then be transmitted to the Peace Corps Director. If approved by the Director the proposal will then be transmitted to the U.S. Office of Personnel Management for final consideration. If approved by the U.S. Office of Personnel Management, the proposal will then be returned to the Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director s Staff Offices, or for a Senior Foreign Service employee, the supervisor shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director. If approved by the Director the proposal will then be transmitted to the U.S. Office of Personnel Management. If approved by the U.S. Office of Personnel Management the proposal shall be transmitted to the Incentive Awards Administrator for implementation. 9.4 Beneficial Suggestion Award 'Beneficial Suggestion Award' means a cash award granted to an employee or group of employees for officially-submitted suggestions which are adopted by management and which directly contribute to the economy, efficiency, or effectiveness of Government operations Criteria Beneficial Suggestion Awards may be given in recognition of suggestions that are either outside the employee s assigned responsibilities or within assigned responsibilities but sufficiently significant to warrant special recognition, are adopted by management, and which directly contribute to the economy, efficiency, or effectiveness of Government operations. In order to be eligible for an award, a suggestion must be adopted within two years after its receipt by the Agency. The employee making the suggestion retains award consideration rights for two years after the suggestion is submitted. An employee making a suggestion is not eligible for an award if the suggestion is put in operation after the two-year eligibility period. There is no limit to the number of awards an employee may receive for beneficial suggestions adopted Amount A Beneficial Suggestion Award may range from a minimum of $100 to a maximum of ten percent of an employee s salary. The amount of a Beneficial Suggestion Award should be in proportion to the benefits realized by the Government as a result of the suggestion being recognized, and shall be determined by comparing the contribution of the employee with the tangible/intangible benefits charts included as Attachment A. When the award is for a group, all members of the group should share in the recognition. The amount may be shared equally or the total may be divided in proportion to the individual contributions of the employees

210 9.4.3 Non-cash Recognition When an officially-submitted suggestion is adopted but an award is not merited because the suggestion does not meet the award criteria, a letter of appreciation will be sent to the employee who submitted the suggestion. Suggestions of this type would include those which are determined to be within the normal duties or responsibilities of the employee or where an appropriate award amount would be less than $ Procedures Documentation of Suggestions Suggestions shall be in writing and contain the following minimum documentation: a. A brief description of the current practice or procedure, if any; b. A description of the suggested change to the existing practice or procedure (if the suggestion is to add a new practice or procedure, a description of what is to be added/implemented); c. An analysis of the direct, estimated net dollar benefit which would result from adoption of the suggestion over the first 12 month period after its adoption, or a statement of the intangible benefits to the Peace Corps anticipated as a result of its adoption Submission of Suggestions All suggestions shall be submitted using the Peace Corps 'Suggestion Form,' PC-1578 (page 1 of Attachment C). Where an employee's suggestion applies exclusively to his or her own office, the employee shall submit the suggestion to the A Delegate responsible for his or her own office, and shall provide copies to his or her supervisor and the Incentive Awards Administrator. If a suggestion has broader applicability, the employee shall submit it to the Incentive Awards Administrator, who will forward it to the A Delegate with responsibility for the subject matter of the suggestion, or to the Peace Corps Director if the suggestion is of Agency-wide application Evaluation of Suggestions The responsible A Delegate, or the Peace Corps Director, as appropriate under Section , is responsible for the prompt and objective evaluation of suggestions submitted to him or her. This responsibility includes securing comments from technical sources on the adoptability of the suggestion and the anticipated benefits, both tangible and intangible. A 'Suggestion Evaluation Report Form,' Form PC-1579, page 2 of Attachment C, is provided for use in the evaluation of suggestions. Prompt evaluation of suggestions is essential to a successful program. The Agency has an obvious interest in the prompt implementation of worthwhile suggestions, and employees have a right to a timely response. The responsible management official under Section shall normally decide whether or not to adopt a suggestion within thirty days of the receipt of the suggestion Award Consideration If the Peace Corps adopts a suggestion, the management official responsible for that decision, pursuant to Section , shall evaluate the suggestion against the standards established in and, if appropriate, recommend a Beneficial Suggestion Award. Beneficial Suggestion Award recommendations shall consist of the applicable Suggestion Form and the applicable Suggestion Evaluation Report Form, as well as a Peace Corps Award Nomination Form, PC-1577 (Attachment B) and a written justification for the proposed award

211 An award may be granted for an adopted suggestion even though the original suggestion may have been changed considerably prior to final adoption. The responsibility for evaluating the employee's contribution rests with the adopting official. That official must determine if it was the employee's original suggestion which motivated management s action in effecting the change Beneficial Suggestion Awards of $100 to $5000 Proposed Beneficial Suggestion Awards of $100 to $5000 shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee, the proposal shall be returned to the Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director's Staff Offices, or for a Senior Foreign Service employee, the proposal shall be submitted to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director for final review. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator for implementation Beneficial Suggestion Awards of $5,001 to $10,000 Proposed Beneficial Suggestion Awards of $5,001 to $10,000 shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee, the proposal will then be transmitted to the Peace Corps Director. If approved by the Director the proposal the proposal shall be returned to the Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director's Staff Offices, or for a Senior Foreign Service employee, the proposal shall be submitted to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director for final review. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator for implementation Beneficial Suggestion Awards of $10,001 or more Proposed Beneficial Suggestion Awards of $10,001 or more shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee, the proposal will then be transmitted to the Peace Corps Director. If approved by the Director the proposal shall then be transmitted to the U.S. Office of Personnel Management for final consideration. If approved by the U.S. Office of Personnel Management, the proposal shall then be returned to the Administrator for implementation. Where the proposed award is for an employee in the Office of the Director or in one of the Director's Staff Offices, or for a Senior Foreign Service employee, the proposal shall be submitted to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If approved by the Committee the proposal shall be transmitted to the Peace Corps Director. If approved by the Director the proposal shall then be transmitted to the U.S. Office of Personnel Management for final consideration. If approved by the U.S. Office of Personnel Management, the proposal shall then be returned to the Administrator for implementation Claims Against the Government

212 The recipient of a Beneficial Suggestion Award will be notified in writing that 'acceptance of a cash award constitutes an agreement that the use by the Government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the Government by the employee, his or her heirs, or assignees.' Non-adoption The decision not to adopt a suggestion may be made only by the management official having the authority to adopt it. The official will notify the employee making the suggestion in writing of the non-adoption decision and the basis for it. A copy of the decision letter, the applicable Suggestion Form and the applicable Suggestion Evaluation Report Form will be forwarded by the management official to the Incentive Awards Administrator for recording purposes Duplicate Suggestions With duplicate suggestions, the employee making the original suggestion will receive adoption credit and an award, if one is authorized, when the adoption occurs within the two-year award eligibility period. If a duplicate suggestion is instrumental in motivating management to adopt a suggestion which was not previously adopted, the employee making the duplicate suggestion is also eligible for award consideration. 9.5 Award Proposals Modified by the Incentive Awards Committee Taking into account the factors set out in Section 6.5, the Incentive Awards Committee may modify a proposed award under its consideration. Possible modifications include, but are not limited to, changing the amount of an award, changing the type of an award, or changing an award to a Meritorious Step Increase or a Meritorious Step Increase to an award. If the Incentive Awards Committee decides that a proposed award should be modified, it shall return the proposal to the A Delegate (or higher level management official) who approved it with an explanation as to the modifications Modified Award Proposals Acceptable to the A Delegate If the modifications made by the Incentive Awards Committee are acceptable to the A Delegate (or higher level management official), the modified proposal may proceed through the process, either to the Peace Corps Director for consideration or to the Incentive Awards Administrator for implementation as appropriate Modified Award Proposals Not Acceptable to the A Delegate If the modifications made by the Incentive Awards Committee are not acceptable to the A Delegate (or higher level management official), the A Delegate (or higher level management official) may revise the proposal and submit it to the Committee for reconsideration. If the A Delegate (or higher level management official) and the Committee cannot agree on a proposed award, and the A Delegate (or higher level management official) chooses to pursue the recommendation, the matter may be referred to the Peace Corps Director for resolution. 9.6 Award Proposals Disapproved by the Incentive Awards Committee

213 the proposal to the A Delegate (or higher level management official) who approved it with an explanation as to the reason for the disapproval. The A Delegate (or higher level management official) may then revise the proposal and submit it to the Committee for reconsideration. If the A Delegate (or higher level management official) and the Committee cannot agree on a proposed award, and the A Delegate (or higher level management official) chooses to pursue the recommendation, the matter may be referred to the Peace Corps Director for resolution. 9.7 Processing of Approved Awards When a cash award is fully and finally approved, the Incentive Awards Administrator shall prepare a certificate, if appropriate, and arrange for the delivery of the monetary portion of the award by check or electronic funds transfer. Certificates are normally presented by an appropriate management official in a public ceremony or staff meeting. 9.8 Availability of Funds Cash awards are charged to the budget of the office benefiting from the performance or act being rewarded. No award nomination of any type shall be submitted, nor an award of any type granted, unless funds sufficient to pay for the proposed award are available in the appropriate budget. Where an award nomination would be submitted but for a lack of available funds, the appropriate management official shall consider requesting additional funds through the Agency's regular budget process. 9.9 Self-approval of Awards This manual section shall not be interpreted to allow any management official to propose, review, approve, or take any other action with respect to an award for himself or herself Honorary Awards 10.1 Exceptional Service Award The Exceptional Service Award is the Peace Corps's highest form of recognition for exceptional or distinguished achievement. The Exceptional Service Award consists of a bronze plaque signed by the Peace Corps Director, and briefly states the contribution being recognized. It is awarded by the Director only after the most thorough evaluation of the events and circumstances upon which the recommendation is based Criteria The Exceptional Service Award is granted to those relatively few employees who, by distinguished service, creative ability, initiative, or courage under especially difficult circumstances, have personally made a recognizable, substantial contribution to the Peace Corps and its mission Procedures A Delegates may nominate employees for Exceptional Service Awards. Nominations shall consist of a memorandum describing in detail the nature of the contribution which merits the Exceptional Service Award. Nominations shall be transmitted to the Incentive Awards Administrator for presentation to the Incentive Awards Committee. If the Committee approves the recommendation, the proposal shall be submitted to the Peace Corps Director

214 If the Director approves the award, the proposal will be returned to the Incentive Awards Administrator. The Administrator shall then prepare the plaque, which shall be presented by the Peace Corps Director Appreciation Award The Appreciation Award is granted to either Peace Corps employees or non-employees to demonstrate the Agency's appreciation of significant contributions under special circumstances not covered by other awards. It consists of a certificate signed by the Peace Corps Director which states briefly the contribution being recognized Criteria Non-Peace Corps employees who make a recognizable contribution to the Peace Corps or its mission are eligible to receive an Appreciation Award. Employees also may be granted the Appreciation Award under circumstances which clearly warrant an award but for which no other appropriate award exists Procedures Peace Corps Employees When a management official determines that an Appreciation Award for a Peace Corps employee is merited, the management official shall submit a memorandum describing in detail the nature of the contribution which merits the Appreciation Award to the appropriate A Delegate. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator. The Administrator shall then prepare the certificate, which shall be presented by the supervisor or other management official. Where the proposed award is for an employee in the Office of the Director or in one of the Director's Staff Offices, or for a Senior Foreign Service employee, the management official shall submit the proposal to the Chief of Staff/Chief of Operations. If approved by the Chief of Staff/Chief of Operations, the proposal shall be transmitted to the Peace Corps Director. If approved by the Director the proposal shall be transmitted to the Incentive Awards Administrator. The Administrator shall then prepare the certificate, which shall be presented by the supervisor or other management official Non-Peace Corps Employees When a management official determines that an Appreciation Award for a non-peace Corps employee is merited, the management official shall submit a memorandum describing in detail the nature of the contribution which merits the Appreciation Award to the A Delegate for his or her office. If approved by the A Delegate, the proposal shall be transmitted to the Incentive Awards Administrator. The Administrator shall then prepare the certificate, which shall be presented by an appropriate management official Career Service Recognition Although Career Service Certificates and Retirement Certificates are not Incentive Awards, they are issued to employees to recognize significant milestones in the employee's Federal Service career Career Service Certificates Recognition

215 5, 10, 15, 20, 25, 30, 35, and 40 years of creditable Federal Service Foreign Service National Employees FSN employees will receive Peace Corps Career Service Certificates signed by the Peace Corps Director and presented by the Country Director Procedures The Incentive Awards Administrator shall prepare the certificates for U.S. direct-hire employees based on quarterly personnel operations reports. Country Directors shall inform the Incentive Awards Administrator of an FSN s completion of 5, 10, 15, 20, 25, 30, 35, and 40 years of creditable Federal Service at least 60 days prior to the date the FSN does so. The Incentive Awards Administrator shall then prepare the appropriate certificate. The Incentive Awards Administrator will forward the certificates to the appropriate A Delegates or Country Director, who will arrange for their presentation, normally in a public forum Retirement Certificates Recognition Employees retiring under provisions of the Civil Service Retirement System, Federal Employee Retirement System, or Foreign Service Retirement Systems will receive a framed Retirement Certificate signed by the Peace Corps Director and a retirement pin Procedures The Incentive Awards Administrator will prepare the certificate. The appropriate A Delegate will write a letter to accompany the certificate and will be responsible for arranging the presentation of the certificate and letter in a public forum, unless the employee prefers not to receive public recognition. Efforts should be made to make the presentation with participation of the highest level appropriate Agency officials Non-Peace Corps Awards 'Non-Peace Corps Awards' are forms of recognition administered by other federal agencies, or by private organizations, for which Peace Corps employees are eligible as a result of their official Peace Corps work. They do not include awards or titles conferred by foreign governments (for rules on the acceptance of awards granted by foreign government, see 5 U.S.C. 7342, et seq.). Eligibility criteria and instructions with respect to procedures governing Non-Peace Corps Awards are issued by the U.S. Office of Personnel Management and/or the private organization sponsoring the particular award. The Peace Corps or an individual management official may make nominations for a Non-Peace Corps Award, as appropriate. Nominations shall be transmitted to the Incentive Awards Administrator. The Incentive Awards Administrator shall review the nomination and work with the appropriate management official, as necessary, to achieve conformance with applicable rules. The Incentive Awards Administrator shall then submit the nomination to the appropriate non-peace Corps entity, and shall arrange to have the nomination properly recorded in the Official Personnel Folder of the appropriate employee

216 Supervisors, office heads, and other management officials are encouraged to take an active interest in the submission of nominations for Non-Agency Awards Reporting Requirement The Incentive Awards Administrator shall prepare and the Peace Corps Director shall submit the Agency's annual Incentive Awards Program Report to the U. S. Office of Personnel Management Effective Date This manual section shall become effective on the date of issuance

217 MS 664 In-Service Employee Training Date: 08/18/06; Partial Revision, 04/09/07 Responsible Office: M/HRM Supersedes: MS 664, In Service Domestic Staff Training, 07/18/83 and MS 665, Continued Service Agreements In Regard to Training Assignments Table of Contents Attachments Table of Contents 1.0 Authority 2.0 Purpose 3.0 Applicability 4.0 Policy 5.0 Procedures 5.1 Training Approval 5.2 Employee Responsibility 5.3 Continued Service Agreement Agreement Requirement Exceptions to Continued Service Agreement Waiver Extension of Training 6.0 Recordkeeping 7.0 Effective Date Attachments Attachment A Form PC-1370 (MS664-A.doc) 1.0 Authority The Peace Corps Act and Sections 503 and 704(b) of the Foreign Service Act. 2.0 Purpose This manual section sets out the policies and procedures for employee training. 3.0 Applicability This policy is applicable to all Foreign Service employees, except Presidential Appointees. 4.0 Policy The Peace Corps encourages staff training that is related to the duties which an employee is currently performing or those which he or she could be reasonably expected to perform in the future. These include duties in a different job or occupation at the same or higher level than the one currently held by the employee

218 5.0 Procedures 5.1 Training Approval Approval of a training request is at the discretion of the employee's supervisor. No employee has a right to training. Before an employee can engage in training, the employee's immediate supervisor must approve the proposed training and the amount of time the training will entail. In addition to paying the normal compensation and benefits to the employee, the Agency may agree to pay additional expenses, including: (a) Tuition and fees; (b) Library or laboratory services; (c) Reproduction of documents; (d) The purchase or rental of books; (e) Travel and transportation expenses directly related to the training assignment for the employee; and (f) The cost of other related services. 5.2 Employee Responsibility The employee is responsible for completing the training and must notify his or her supervisor if he or she does not complete the training. 5.3 Continued Service Agreement Agreement Requirement An employee receiving regular pay as well as payment for some or all of the additional expenses for training at a non-government facility that exceeds 80 hours of training must sign a Continued Service Agreement (Agreement). See Attachment A (Form PC-1370). Under the Agreement the employee agrees to: (a) Continue in the service of the Peace Corps after the training for a period equal to at least three times the length of the training period, unless involuntarily separated; or (b) Reimburse the Peace Corps for any additional expenses incurred by the Peace Corps in connection with his or her assignment if the employee voluntarily leaves the Peace Corps before completing the period of service and does not immediately enter the service of another Federal agency Exceptions to Continued Service Agreement A Continued Service Agreement is not required for: (a) A training program which does not exceed 80 hours within a single program; (b) Training that involves no expense to the Peace Corps other than salary; (c) Training provided by manufacturers as a normal service related to initial purchase or lease of their products provided under procurement contracts; or (b) Correspondence courses Waiver The Director of the Office of Human Resource Management (HRM) may waive in whole or in part any right of recovery whenever a waiver would be in the Agency's best interest, such as when:

219 (a) An employee has completed at least 75% of the required period of service; (b) An employee resigns because of personal illness or serious illness of a member of his or her immediate family; (c) An employee resigns to transfer to another Government agency, including the armed forces, or (d) An employee is financially unable to make the required payments because of financial hardship. The Director of HRM shall notify the Office of the Chief Financial Officer (CFO) if a determination is made not to waive the right of recovery Extension of Training An employee whose assignment for training is extended must agree to a proportionate extension of the Continued Service Agreement. 6.0 Recordkeeping The employee's supervisor is responsible for having the employee sign the Continued Service Agreement. The supervisor shall forward the original signed Agreement to HRM or the post administrative office to be put into the employee's official personnel folder. Copies of the Agreement shall be forwarded to the CFO and the employee. Each office will be responsible for entering and maintaining its employee training information in the Agency's training database and shall provide such training information to HRM as requested. 7.0 Effective Date The effective date is the date of issuance

220 MS 671: Termination Process for Peace Corps Staff Date: 7/13/83 Responsible Office: M/PM Supercedes: MS 671 5/22/73 Table of Contents Attachments Table Of Contents 1.0 Purpose 2.0 References 3.0 Scope 4.0 Policy 4.1 Termination 4.2 Resignation 5.0 Procedures for Stateside Staff 5.1 Headquarters Employees 5.2 Service Center and Area Office Employees 6.0 Termination Procedures for Overseas Staff 6.1 Initiating Termination Procedures Termination Medical Examinations Medical Facilities Available at Post Medical Facilities Unavailable at Post Reimbursement for Medical Examinations Medical Waiver 6.2 Completion of Final Clearance Forms PC-1531 Overseas Clearance for Terminating Employees PC-1530 Clearance for Final Salary Payment Termination Consultation Termination at Post 6.3 Termination Travel Waiver of Termination Travel Return of Official Passport Final Travel Vouchers Preparation of Final Travel Vouchers 7.0 Processing Final Compensation

221 7.1 Transfer of Payroll Station 7.2 Final Salary Check 8.0 Effective Date Attachments Attachment A: Attachment B: PC 1530 (12/82), Clearance for Final Salary Payment (ms671-af.pdf) PC 1531 (12/82), Overseas Clearance for Terminating Employees (MS 671.doc) 1.0 Purpose This Manual Section outlines procedures and policies for processing the termination of staff. 2.0 References 3 FAM 684, CFR FAM 132.2, 175.2(c). 3.0 Scope This Manual Section covers all Peace Corps employees, except Foreign Service Nationals. 4.0 Policy 4.1 Termination Prior to the termination of an employee, the appropriate headquarters office will submit an SF-52 (Request for Personnel Action) to the Office of Personnel Management (M/PM) to initiate the termination process. The timeframes for submitting the SF-52 are as follows: For Overseas Staff at least 90 days prior to the scheduled termination date; For Headquarters Staff at least three working days before the scheduled termination date; For Service Center and Area Office Employees at least 7 working days before the scheduled termination date. 4.2 Resignation A letter or memo from overseas employees stating the reason(s) for resignation must be attached to the SF- 52. The reason(s) for resignation for stateside employees should be entered directly on the SF

222 5.0 Procedures for Stateside Staff 5.1 Headquarters Employees All terminating employees must schedule a termination interview with the Office of Personnel Management. After employees obtain the certifying signatures from all offices designated on PC-1530, "Clearance For Final Salary Payment," the PC-1530 and PC/ID must be submitted to the Office of Personnel Management. 5.2 Service Center and Area Office Employees The Administrative Officer will issue termination papers and will ensure that the employee completes the termination process. The Administrative Officer submits the completed forms to the Office of Recruitment, Placement and Staging Personnel Liaison who will, upon review, submit them to the Office of Personnel Management. 6.0 Termination Procedures for Overseas Staff 6.1 Initiating Termination Procedures The "Request for Personnel Action" (SF-52) for termination should be received 90 days prior to the proposed termination date. When the SF-52 is received, the Office of Personnel Management will mail termination papers and issue a termination cable to Post to advise employees of termination procedures and their travel authorization number Termination Medical Examinations All overseas employees and their dependents are required to complete a separation medical examination or sign a medical waiver form (DS-1689) Medical Facilities Available at Post If there are adequate medical facilities at or near the Post, the Country Director may request personnel of the local Embassy to make arrangements for the examinations in accordance with the following guidelines: Employees should arrange to take the examinations 60 to 90 days prior to the anticipated termination date. (See 3 FAM 684.) The examining physician will forward results of the examinations directly to the State Department Medical Division, to arrive no later than 30 days before the employee's termination date. The medical examination will not be considered complete until the State Department Medical Division has sent Form DS-823 (Medical Abstract) with final clearance to the Office of Personnel Management Medical Facilities Unavailable At Post If adequate medical facilities are not available at Post, the employee is responsible for contacting the Office of Personnel Management within 30 examination days after termination to make arrangements for a separation medical examination. Authorizations will be issued in accordance with the following guidelines:

223 Employees authorized PC/Washington Consultation will be scheduled for medical at the State Department. If dependents older than twelve (12) accompany the employee to Washington, medicals at the State Department can be authorized. Employees and/or dependents over 12 whose home of record is within a 40 mile radius of a U.S. Government Medical Facility will be authorized examinations at that facility. Examinations must be taken within 60 days of termination. Employees who are not authorized PC/Washington consultation or who are not returning within 30 days to a home of record within 40 miles of a U.S. Government facility will be authorized to undergo a medical examination with a private physician. Dependents who are not returning within 30 days to a home of record within 40 miles of a U.S. Government facility or who are under 12 will be authorized to undergo a medical examination with a private physician. Examinations must be taken within 60 days of termination Reimbursement For Medical Examinations Any covered medical expenses incurred as a result of medical examinations and/or subsequent related medical tests will be reimbursed, upon approval of the State Department Medical Claims Examiner, by the Peace Corps. Bills should be submitted to the Office of Personnel Management Medical Waiver If a medical waiver (DS-1689) is signed or if an employee fails to comply with the requirement to take a medical examination within 60 days of termination, all claims for medical services or for service-connected medical problems will be waived automatically (3 FAM 685). 6.2 Completion of Final Clearance Forms All overseas employees must obtain all final clearances on forms PC-1530 and PC-1531 (see Attachments A and B) PC-1531 Overseas Clearance For Terminating Employees Employees must obtain clearances on Part II and III from the Country Director and Administrative Officials prior to departure from Post PC-1530 Clearance For Final Salary Payment Termination Consultation All employees returning to PC/Washington must schedule an interview with the Office of Personnel Management and obtain all certifying signatures from the Office of Administrative Services M/AS, Accounting (M/FM/A) and Personnel Management Offices (M/PM) Termination at Post All employees not returning to PC/Washington are responsible for the completion and submission of all termination forms. However, assistance may be requested from the Country Desk Officer

224 6.3 Termination Travel Employees are eligible for termination travel and storage and shipment of their household effects if they meet "The Conditions of Employment with Peace Corps outside the Continental U.S.," as described in PCMS 642 "Conditions of Service for U.S. Overseas Staff". Employees and dependents must complete their travel within 12 months of their termination date (6FAM 132.2). Employees must pay storage on any goods stored more than 3 months (6FAM 175.3[c]) Waiver of Termination Travel Employees who will not be returning to the U.S. within one year of termination may choose to waive their right to travel so that all final clearances may be processed. Employees choosing to waive termination travel must submit the following: A letter of intent for the Associate Director of Management's approval; A copy of the letter attached to the PC-1530, and A travel voucher showing a zero balance Return of Official Passport Employees returning directly to the U.S. must return their official passport(s) to the Transportation Branch (M/AS/G) and obtain certification on their PC-1530 that the passport has been returned. Employees remaining overseas for an extended period after termination must return official passport(s) to the Embassy and obtain a nonofficial passport. The Embassy must provide a statement that the official passport has been submitted to the Embassy. The statement should be attached to PC Final Travel Vouchers All employees must submit a final travel voucher (SF-1012) to the Office of Accounting/Fiscal Services Branch (M/FM/A) to account for all termination travel expenses. (Employees must submit a final voucher, even if not claiming travel expenses.) Any outstanding debts or travel advances charged to the employee will be deducted from the final salary payment or Civil Service Retirement refund. Final payment will be processed by Peace Corps/Washington Staff Payroll (M/FM/A) after medical clearances are obtained and certified pay/leave records, all termination documents, and travel vouchers are processed Preparation of Final Travel Vouchers All travel vouchers must contain the following: Copies of Travel Orders and GTRs must be attached to the final travel voucher. Forwarding address (including zip code) and stateside telephone number (including area code) must be included on the travel voucher so that the employee may be contacted regarding any delay in the processing of the voucher. Employees whose vouchers have a zero balance or who waive or are ineligible for termination travel must submit a voucher showing a zero balance

225 7.0 Processing Final Compensation 7.1 Transfer of Payroll Station The Office of Personnel Management will send the termination cable to the appropriate Finance Center concerning the date that the Finance Center is to discontinue payrolling the employee. The Post must not carry an employee on the payroll beyond that date. The Country Director must notify the Washington Staff Payrolling Office (M/FM) and Chief, Peace Corps/Transportation Branch (M/AS) of the date the employee leaves the Post. The Post timekeeper will review all time and attendance records with the employee prior to the employee's departure from Post and will forward all the records to the Associate Director for International Operations/Administration Branch within a week after termination. finance Centers will transmit all certified pay/leave records, retirement records, and health benefits to the Peace Corps Staff Payroll Branch (M/FM). 7.2 Final Salary Check The final salary check will not be issued until all clearances are obtained, including the reconciliation of travel vouchers. Employees will be paid for any days in pay and duty status after their change in payroll station. The termination date for overseas employees who do not return to Peace Corps/Washington for consultation is normally the last day of authorized travel time to the employee's home of record for those employees preceding directly home. For employees who choose to travel an indirect route, the termination date will be the last day of duty. The termination date for overseas employees who do return to Peace Corps/Washington for consultation is normally the last day the employee is in consultation status. 8.0 Effective Date This Manual Section shall become effective on the date of issuance

226 MS 673: Policies and Procedures for Detailing Employees Date: 9/22/83 Responsible Office: M/PM Supercedes: MS 690, 4/20/76 Table of Contents Table Of Contents 1.0 Purpose 2.0 References 3.0 Applicability 4.0 Policy 5.0 Definitions 5.1 Detail 5.2 Position with Promotion Potential 5.3 Competitive Service Positions 5.4 Excepted Service Positions 6.0 Procedures Authority Purpose of Details Restrictions on Details 6.2 Special Details and Temporary Assignments Authorized by the Director To Congressional Committees To Foreign Government 6.3 Procedures for Authorizing Details 7.0 Effective Date Detail of Employees Within Peace Corps Detail of Employees Outside Peace Corps Recording of Details 1.0 Purpose This Manual Section established Peace Corps' policies and procedures for detailing employees

227 2.0 References Section 14 of the Peace Corps Act, as amended. Section 503 of the Foreign Service Act. Code of Federal Regulations:Title 5, Parts 300, 334, 335, and 352. Federal Personnel Manual:Chapters 300, 334, 335, and 352. Article XII of the Negotiated Agreement. 3.0 Applicability The provisions of this Manual Section apply to all employees of Peace Corps except temporary employees and those employees whose appointments are made with the advice and consent of the Senate. 4.0 Policy Details will be used only as a temporary measure to accomplish essential work or to assist another organization in accomplishing its work, and will be utilized in a manner which will not compromise the principles of comprehensive recruitment or merit promotion. Supervisors and management officials of Peace Corps are responsible for enduring the use of employee details is kept within practicable and required time limits. 5.0 Definitions 5.1 Detail The loan of an employee to a different position for a specified period of time, with the employee returning to the regular duties at the end of the detail. 5.2 Position with Promotion Potential A position known to have the potential for a higher grade than the position occupied by the detailed. 5.3 Competitive Service Positions All positions which are not specifically excepted from the civil service laws by or under statute or by the U.S. Office of Personnel Management. 5.4 Excepted Service Positions All positions in the executive branch of the Federal Government which are specifically excepted from the competitive service by statutes, the President, or the U.S. Office of Personnel Management. 6.0 Procedures Authority A detail of less than 30 calendar days may be informally arranged by the supervisors concerned. The requesting Office Director, with prior consultation with the Office of Personnel Management and the

228 releasing Office Director, has the authority to detail employees in excess of 30 days in accordance with this Manual Section and appropriate references Purpose of Details Details are generally authorized to fulfill certain needs or to resolve particular situations within Peace corps specifically: Emergencies occasioned by abnormal workloads, significant changes in the organization or mission of Peace Corps, or unanticipated and critical absences of employees; Duties assigned on a temporary basis, pending description and classification of a new position, security clearance, or official assignment; and Duties assigned on a temporary basis for training purposes which are an integral part of an established career development program Restrictions on Details Except for brief periods and compelling reasons, an employee will not be detailed to perform work of a higher grade level. No bargaining unit employee may be detailed for more than 29 days and no nonbargaining unit employee for more than 60 days to a higher grade position or to a position with known promotion potential unless selection is made in accordance with the Peace Corps Merit Promotion Plan, MS Special Details and Temporary Assignments Authorized by the Director of Peace Corps To Congressional Committees Peace Corps may not detail an employee to a Congressional Committee except: When the work of the Committee actually aids Peace Corps in accomplishing a purpose designated in its appropriations; and Where the absence of the employee will not be detrimental to the work of Peace Corps or necessitate the hiring of an additional employee To Foreign Government The Director of Peace Corps may detail an employee of Peace Corps to an office or position with a foreign government or foreign government Agency when: Acceptance of such a position does not involve the taking of an oath of allegiance to another government. Acceptance of such a position does not involve acceptance of compensation or other benefits from the foreign government by the employee. The employee detailed to a foreign government remains an employee of Peace Corps and an incumbent of the position from which detailed

229 6.3 Procedures for Authorizing Details Detail of Employees Within Peace Corps The requirements and procedures listed below are to be followed by supervisors and management officials to : (1) ensure an employee receives credit for training and experience received on a detail, and (2) preclude giving an unfair advantage to some employees to compete for temporary assignments. Details of less than 30 calendar days will be documented by a memorandum from the requesting supervisor to the employee stating the purpose and duration of the detail. A copy of the memorandum will be furnished to the Office of Personnel Management for filing in the employee's Official Personnel Folder (OPF). The assignment of an employee to a position in an acting capacity is also considered a detail if it is not clearly stated in the employee's job description. Details in excess of 30 calendar days, but not to exceed 120 calendar days, will be documented with an SF-50 "Notification of Personnel Action."An SF-52 "Request for Personnel Action" will be submitted to the Office of Personnel Management. Such requests will be signed by the requesting and releasing office directors and will be accompanied by a position description or a statement of duties to be performed. A second SF-52 will be submitted by the office director to terminate the detail. An SF-50 will be processed to document the termination of a detail. The employee's regular position remains incumbered for the length of the detail. Details to the same or lower grade positions may be made in 120 day increments for up to one year. Any request to extend a detail beyond 120 calendar days must be requested by submitting an SF-52 and supporting documentation at least one week prior to expiration of the 120 day period. When it is necessary for a bargaining unit employee to perform the work of a higher graded position for more than 29 calendar days, the employee will be given a temporary promotion not to exceed 120 calendar days. When a detail to a higher grade position or to a position with known promotion potential will exceed 120 calendar days, the position must be filled through competitive procedures. When a temporary promotion might lead to a permanent promotion, this information must be made available to all potential candidates in the vacancy announcement. The temporary promotion may then be made permanent without further competition. Temporary promotions may be extended up to a maximum of 2 years, but also, may be terminated at any time and the employee returned to his/her regular position. The personnel staffing specialist is available to give additional advice and assistance on the proper use of details or temporary assignments Detail of Employees Outside Peace Corps Request for the detail of an employee outside Peace Corps must be approved by the Director of Contracts Division, Office of Financial Management. The official documents from the requesting Agency, or a memo for the record authorizing the detail must be made a part of the employee's official personnel folder and should include: Specified period of detail; Individual to contract in requesting Agency; and Statement indicating whether or not the detail is reimbursable and other matters relating to the detail Recording of Details The Office of Personnel Management will maintain appropriate records to ensure that time limits are not exceeded without proper authorization and that the employee is returned to his/her position of record at the expiration of the detail

230 7.0 Effective Date This Manual Section becomes effective upon the date of issuance

231 MS 682: Safety and Health Program Date: 1/31/83 Office: M/MS Supersedes: MS 423, 8/13/75 Table of Contents Attachments Printer Friendly Version (PDF) Table Of Contents 1.0 Purpose 2.0 Authority 3.0 Scope 4.0 Policy 4.1 Funding 4.2 Promotion 4.3 Training 4.4 Engineering 4.5 Standards 5.0 Procedures 5.1 Program Administration Designated Safety and Health Official Directors Safety Coordinators Headquarters Field Supervisors Employees Health and Safety Committee Headquarters Service Centers 5.2 Inspections Responsibility Procedures Safety Coordinators Supervisor/Employee Representation Employee Requests for Inspection Appeal Procedures

232 5.2.5 Abatement Safety Coordinator Supervisor Directors Designated Safety and Health Official 5.3 Serious Accidents/Injuries Supervisor Safety Coordinator Designated Safety and Health Official 5.4 Job-related Injuries/Illnesses Treatment Employee Supervisor Claiming Compensation Employee Supervisor Disability Payments Employee Supervisor Death Benefits Eligibility Procedures Settlement With Third Parties Hearing and Review Rights Appeal Rights 5.5 Management Information System Recordkeeping and Reporting Procedures 6.0 Effective Date Safety Coordinator Designated Safety and Health Official Access to Records Retention of Records Attachments Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Request for Examination and/or Treatment (ms682-af.pdf) Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation (ms682-bf.pdf) Federal Employee's Notice of occupational Disease and Claim for Compensation (ms682-cf.pdf) Operator's Report of Motor Vehicle Accident (ms682-df.pdf) Claim for Compensation on Account of Traumatic Injury (ms682-ef.pdf) Claim for Compensation on Account of occupational Disease (ms682-ff.pdf)

233 Attachment G Attachment H Attachment I Attachment J Attachment K Attachment L Attachment M Attachment N Attachment O Attachment P Attending Physician's Report (ms682-gf.pdf) Claim for Continuing compensation on Account of Disability (ms682-hf.pdf) Duty Status Report (ms682-if.pdf) Report of Termination of Disability and/or Payment (ms682-jf.pdf) Recurrence of Disability (ms682-kf.pdf) Official Superior's Report of Employee's Death (ms682-lf.pdf) Claim for Compensation by Widow, Widower, and/or Children (ms682-mf.pdf) Log of Federal occupational Injuries and Illnesses (ms682-nf.pdf) (ms682-ni.pdf) Instructions for Report Preparation, Osha Form No. 102F (ms682-of.pdf) Instructions for Report Preparation, Osha Form No. 102FF (ms682-pf.pdf) 1.0 Purpose This Manual Section prescribes the policies and procedures necessary to maintain an effective occupational safety and health program and protect the employee's rights under the Federal Employees' Compensation Act (FECA) (5 USC 8142). 2.0 Authority The occupational Safety and Health Act of 1970, Executive order 12196, Safety and Health Provisions for Federal Employees, Federal Employees' Compensation Act, and Employee Benefits: Claims for Compensation under the Federal Employees' Compensation Act. 3.0 Scope This directive is applicable to all Peace Corps employees in the United States and overseas. 4.0 Policy It is Peace Corps' policy to: Maintain safe and healthful workplaces for all employees; Inspect periodically all workplaces; Respond to employee reports of unsafe or unhealthful working conditions; Correct all unsafe or unhealthful working conditions; Establish and maintain a management information system, including records of occupational accidents, injuries, illnesses, and their causes, and to transmit reports of this information to the Secretary of Labor, as required; Provide safety and health training for supervisors, personnel responsible for conducting occupational safety and health inspections, members of occupational safety and health committees, and other employees; Acquire, maintain, and require the use of safety equipment, personal protective equipment, and devices where necessary to protect employees; and Submit an annual program report to the Secretary of Labor and otherwise cooperate with the Secretary in his efforts to coordinate the Federal occupational Safety and Health Program. 4.1 Funding

234 Adequate funding shall be made available to carry out the provisions of this order. 4.2 Promotion Notices informing employees of the protections and obligations provided for in the occupational Safety and Health Act, Executive Order and this Order will be Posted permanently on Agency bulletin boards. Procedures for employees to report possible unsafe or unhealthful working conditions will be included in this notice. Additionally, copies of the Act, Executive order 12196, regulations, and this order will be available at all Peace Corps establishments. Also, additional information will be forwarded to employees and supervisors periodically. 4.3 Training An occupational safety and health training program will be established to provide employees at all levels with information. In implementing this training program, Peace Corps will: Periodically orient employees about the Safety and Health Program; Train safety and health personnel so that they are technically competent to recognize any unsafe or unhealthful conditions in the workplace; Use films, Posters, and other instructional materials available on the subject of occupational safety and health whenever practicable and appropriate; Participate in appropriate meetings, lectures, seminars and conferences dealing with safety and health; and Use the training programs conducted by the National Institute for occupational Safety and Health, the occupational Safety and Health Administration, and other organizations offering training in this field. 4.4 Engineering Prior to placing employees in any workplace, Peace Corps will use engineering principles to ensure these workplaces are safe and healthful. 4.5 Standards Peace Corps hereby adopts and will enforce the occupational Safety and Health Administration Standards for General Industry, Part 1910, to ensure that employees are provided safe and healthful workplaces, and will adopt all applicable new OSHA standards as they are promulgated. 5.0 Procedures 5.1 Program Administration Designated Safety and Health Official The Director, Office of Medical Services, shall be the Designated Safety and Health Official for Peace Corps, including the overseas Posts. This official is responsible for: Conducting Peace Corps' safety activities, providing policy and technical guidance, developing and issuing standards and procedures to implement approved policies, and reviewing and evaluating activities for conformance with safety standards and policies; Providing support and assistance required by managers and supervisors in discharging their

235 responsibilities for the maintenance of safe working conditions; and Coordinating all Peace Corps' safety activities and acting as the primary point of contact, internal and external, on matters of safety policies and programs Directors Associate Directors, staff office Directors, Regional Directors, Peace Corps Country Directors and Service Center Directors are responsible for implementing, within their areas of responsibility, a safety program which is consistent with established Federal and Peace Corps safety policies, standards, and procedures Safety Coordinators Headquarters The Director, Office of Medical Services, shall be the Safety Coordinator for Peace Corps employees Field The Peace Corps Country Directors and Service Center Directors must: Appoint a senior staff member to serve as Safety Coordinator for their establishments or assume the duties themselves; and Report the appointee's name, title, location, and telephone number to the Director, Office of Medical Services Supervisors Supervisors are responsible for: Providing safe and healthful working conditions for their employees; Knowing Peace Corps' safety and health policies and procedures; and Considering employee practices relative to safety and health as part of overall job performance Employees Employees are responsible for: Learning and following Peace Corps' safety and health policies, practices, and procedures; Promoting safety in the working area; Making recommendations to the supervisor to improve safety and health in the working area; and Reporting immediately any accident or injury to the supervisor Health and Safety Committee Headquarters A Health and Safety Committee comprised of two employees selected by the Agency, two employees selected by the American Federation of State, County and Municipal Employees Local 2027, and a

236 Municipal Employees Local 2027 is hereby established. The members shall serve two year terms and may be reappointed. The Committee shall meet at least quarterly. A majority of the Committee will decide on the date and time of meetings. The chairperson shall be responsible for preparing minutes of each meeting. This committee may: Make recommendations to the Designated Safety and Health Official on safety and health matters; Review safety suggestions; Review the reports of lost-time accidents and the corrective measures taken to prevent a recurrence; Accompany the Designated Safety and Health Official during the annual inspection of headquarters premises to identify any health or safety hazards; Formulate recommendations to the Agency for improving the safety and health program; and Provide suggestions for promotion of health and safety education for supervisors and employees Service Centers A Health and Safety Committee consisting of one employee selected by the Agency, and one employee selected by the American Federation of State, County and Municipal Employees Local 2027 is hereby established in all service centers. The scope of each of these committees includes all Peace Corps personnel who work within the geographic areas administered by the respective service centers. A chairperson will be selected alternately by the Agency and the American Federation of State, County and Municipal Employees Local Each committee member shall be appointed for a two year term and may be reappointed. These committees may: Make recommendations to the Designated Safety and Health Official on safety and health matters; Review safety suggestions; Review the reports of lost-time accidents and the corrective measures taken to prevent a recurrence; Accompany the Regional Safety Coordinator during the annual inspection of headquarters premises to identify any health or safety hazards; Formulate recommendations to the Service Center Director and the Agency for improving the safety and health program; and Provide suggestions for the promotion of health and safety education for supervisors and employees. 5.2 Inspections Responsibility Periodic inspections of all workplaces will be conducted by the responsible safety coordinators to ensure that employees are provided safe and healthful working conditions in accordance with occupational Safety and Health Standards. The safety coordinators will: Inspect all workplaces under their jurisdiction at least once annually. Workplaces where there is an increased risk of accident, injury, or illness will be inspected more frequently, as determined by the Designated Safety and Health Official. Report items not in compliance with standards to the supervisor responsible for the work area

237 Make recommendations on corrective measures to be taken by the supervisor of the particular work area. Inform the Designated Safety and Health Official of the results of inspections and the plans for abatement of any unsafe or unhealthful conditions. These findings should also be brought to the attention of the appropriate Service Center Directors and Country Directors as appropriate Procedures Inspections shall be performed by the safety coordinator at reasonable times, during normal business hours, and shall not disrupt normal operations. No advance notice will be given to the person in charge of the establishment to be inspected Safety Coordinators Safety coordinators, serving in their capacity as inspectors, shall: Examine accident, injury or illness reports to assist in identifying potentially unsafe and unhealthful workplaces; Take environmental samples and photographs, if necessary; Question employees at the workplace if appropriate; and Comply with all safety and health regulations at the workplace being inspected Supervisor/Employee Representation The supervisor in charge of the work area being inspected and an employee representative may be permitted to accompany the Safety Coordinator and bring to his or her attention possible unsafe or unhealthful conditions. The employee representative will not be authorized travel, per diem, or overtime pay in connection with accompanying the Safety Coordinator during an inspection Employee Requests for Inspection An employee who believes that an unsafe or unhealthful working condition exists, may request an inspection by submitting a signed written report specifying the alleged condition(s) to the responsible Safety Coordinator. If an imminent danger exists, the report may be made by telephone and later be made in writing. The employee's name will not be disclosed, if he or she so requests. The safety coordinator shall determine within five (5) working days after receiving the report if an inspection is necessary. The inspection shall be made immediately if imminent danger exists and the employee shall be notified of the results. Inspections will be made as specified under procedures for inspections. The Safety Coordinator must notify the employee in writing of the inspection results Appeal Procedures If the employee is dissatisfied with the action taken by the Safety Coordinator on the request for inspection, he or she may appeal to the Designated Safety and Health Official. The employee shall be advised of whatever action is taken concerning the appeal. A Peace Corps employee who is dissatisfied with the response of the Designated Safety and Health official may contact in writing the Office of Federal Agency Programs, U.S. Department of Labor, (with a copy to the Designated Safety and Health Official) describing the processing of the report of the alleged unsafe or unhealthful condition and specifying the objections thereto

238 5.2.5 Abatement The Associate Directors, Regional Directors, Service Directors, and Country Directors have primary responsibility for the correction of unsafe or unhealthful working conditions within their jurisdiction. Other responsibilities are as follows: Safety Coordinator The Safety Coordinator shall: Submit an inspection report, describing the unsafe or unhealthful condition and establishing a time for abatement, to the supervisor responsible for the area or facility inspected; Submit a copy of the inspection report to the director in charge of the establishment; and Reinspect any workplace where unsafe or unhealthful conditions were found at the end of the abatement period to ensure that the condition was corrected Supervisor The Supervisor shall: Post a copy of the report describing the unsafe or unhealthful working condition near the workplace where the condition exists. This notice will be Posted for a minimum of 3 days and until the condition is abated, whichever is later. Submit to the Safety Coordinator, as soon as possible and no later than 15 calendar days after receipt of the inspection report, an abatement report indicating what will be done to correct the unsafe or unhealthful condition and the time required for correction; Submit a copy of the abatement report to the director responsible for the establishment; and Attempt to correct the unsafe or unhealthful condition within the time specified Directors The Associate Directors, Regional Directors, Service Center Directors, and Country Directors shall submit to the Designated Safety and Health Official an abatement plan if the unsafe or unhealthful condition cannot be corrected within 30 days. This plan should contain an explanation of the delay in abatement, a timetable for correction, and the steps being taken to protect employees Designated Safety and Health Official The Designated Safety and Health Official will forward a copy of the abatement plan to the Director of Peace Corps for submittal to the Secretary of Labor if the period for correcting the unsafe or unhealthful condition is more than 60 days. 5.3 Serious Accidents/Injuries All job-related accidents/incidents resulting in serious injury must be investigated. A serious injury is defined as one causing permanent physical impairment, death, the loss of limb, eyesight, hearing, speech or other essential function, or significant lost-time (3 months or more) to an employee. The Designated Safety and Health Official is responsible for the overall operations of the serious accident investigation program. Specific responsibilities are as follows: Supervisor

239 The Supervisor must: Report immediately all serious accidents to the responsible safety coordinator. At a minimum, the report will contain the following information: nature and location of accident or injury; number and, if possible, the names of employees involved and nature of injuries; and date, time, and probable cause. Accompany and/or assist the Safety Coordinator in investigating the accident/incident where appropriate. Take necessary corrective action to ensure safe and healthful working conditions for his or her employees Safety Coordinator The Safety Coordinator must: Immediately report the accident/incident to the Regional Director or Country Director, as appropriate, and to the Designated Safety and Health Official; Investigate the accident/incident along with the supervisor, if appropriate; Make recommendations to the supervisor on what corrective action, if any, should be taken to correct the problem, if appropriate; Submit a copy of the report and recommendations to the Designated Safety and Health Official; and Notify the Designated Safety and Health Official when appropriate remedial action has been taken Designated Safety and Health Official The Designated Safety and Health Official will: Make recommendations to the safety coordinator and/or supervisor on corrective measures to be taken, where appropriate; and Report to the Office of Federal Agency Safety Programs, occupational Safety and Health Administration, by telephone or telegraph within two working days any accident which is fatal to one or more persons, or results in the hospitalization of five or more persons. 5.4 Job-related Injuries/Illnesses It is Peace Corps' policy that any employee sustaining a job-related injury or illness receive immediate assistance and treatment, and that the employee's rights under the Federal Employees' Compensation Act (FECA) be protected Treatment The following procedures are to be followed in obtaining treatment and/or benefits for job-related injuries or illnesses Employee The employee will:

240 Report the injury or illness, no matter how slight, to the supervisor and obtain first aid as directed. When emergency treatment is necessary, the employee may contact the nearest qualified physician or hospital for initial treatment. Obtain a CA-16, Request for Examination and Treatment (see Attachment A), from the supervisor or the Public Health Service for treatment, if further treatment is needed. Obtain from the supervisor a CA-l, Federal Employee's Notice of Traumatic Injury and Claim for Continuation of Pay/Compensation (see Attachment B), in cases of traumatic injury, or a CA-2, in case of non-traumatic occupational disease (see Attachment C), and make a written report within 48 hours. The report may be completed and signed by another person or the supervisor, if the injured employee is unable to do so, and returned to the supervisor. Delay may result in denial of benefits Supervisor The Supervisor will: Determine the nature and extent of the injury; Contact the Public Health Service, if available; otherwise arrange for medical care, emergency treatment, ambulance service or other transportation, as necessary; Provide the employee with the CA-16, Request for Examination and Treatment, when appropriate; Provide the employee with CA-1 or CA-2, complete Official Superior's Report of Injury, sign, and send the CA-1 or CA-2 immediately to the Office of Medical Services, CWCP Liaison, if the injury or illness causes disability for the employee's usual work beyond the shift it occurred, or if it appears that the injury or illness will result in prolonged treatment, permanent disability or serious disfigurement of the head, face, or neck, or it appears that the injury or illness will result in a charge for medical or other related expense; File the CA-1 or CA-2 in the employee's official personnel file if none of the above occurs or appears likely to occur; Arrange for continuation of pay and accrual of all benefits for the employee for up to 45 days,in the case of traumatic injury; Forward to the Safety Coordinator, in cases of a motor vehicle accident involving job-related property damage of 500 dollars ($500) or more, SF-91, Operator's Report of Motor Vehicle Accident (see Attachment D), plus the cost of repairs for automobile accidents (for the purpose of this Manual Section automobile means a car, bus, truck, or motorcycle, including private autos or aircraft, used for official federal government business); and Report to the responsible Safety Coordinator within 15 days the steps taken to eliminate the cause of injury Claiming Compensation The adjudication of claims filed under FECA is the responsibility of the Office of Workers' Compensation (CWCP) of the U.S. Department of Labor. CWCP must receive the CA-1 or CA-2; a CA- 7, Claim for Compensation on Account of Traumatic Injury (see Attachment E), or a CA-4, Claim for Compensation on Account of occupational Disease (see Attachment F); and medical evidence concerning the nature and causes of the injury or illness before compensation can be paid Employee The employee, or someone acting in his or her behalf, will: Complete and sign the CA-7 or CA-4, and submit the necessary medical evidence concerning the injury or illness to the Office of Medical Services, CWCP Liaison. Medical reports must

241 cover initial examination and the employee's condition at the time claim for compensation is filed. In addition, if a case involves some complication or conflicting information, it may be necessary to obtain supplemental information. Submit the CA-20, Attending Physician's Report (see Attachment G), which is attached to the CA-7 or CA-4 to the physician. The physician should complete the form and forward it to the Office of Medical Services promptly Supervisor The supervisor will complete Items 1-4 on the front and the address of the Office of Medical Services on the back of the CA-20 and return this form to the employee or forward directly to the physician Disability Payments Additional procedures must be followed to collect disability for the period after the initial period of compensation claimed on the CA-7 or CA Employee The employee will: Submit to the Office of Medical Services, CWCP Liaison, a CA-8, Claim for Continuing Compensation on Account of Disability (see Attachment H), following the initial period of compensation claimed on the CA-7 or two weeks until otherwise instructed by OWCP. Obtain a CA-17, Duty Status Report (see Attachment I), from the Supervisor, and have the attending physician submit it to the Office of Medical Services, CWCP Liaison Supervisor The Supervisor will: Notify the Office of Medical Services, ~CP Liaison, immediately when the injured employee returns to work or when the disability ceases. The CA-3, Report of Termination of Disability and/or Payment (see Attachment J), is provided for this purpose. Notify the Office of Medical Services, CWCP Liaison, if, after the employee returns to work, the same injury/illness causes him or her to stop work again. Form CA-2a, Notice of Recurrence of Disability (see Attachment K), is provided for this purpose Death Benefits The Federal Employees' Compensation Act provides monthly compensation for eligible dependents of deceased employees include: Eligibility The persons to whom compensation may be paid The spouse who was living with or dependent for support upon the deceased employee at the time of death; The unmarried children under 18, and those over 18 who are incapable of self-support or who are students who have not completed four years of education beyond high school and are under

242 23; Parents partially or wholly dependent upon the deceased employee for support; Unmarried brothers, sisters, or grandchildren under 18 years of age, and those over 18 who are incapable of self-support, and who were wholly or partially dependent upon the deceased employee; and Grandparents wholly or partially dependent upon the deceased employee Procedures When an employee dies because of a personal injury incurred while in the performance of duty, the supervisor should: Obtain three death certificates, at no cost to the government; Report the fact to the Office of Medical Services by telegraph or telephone; Contact the responsible Safety Coordinator; Promptly send the Office of Medical Services, CWCP Liaison, a CA-6, Official Superior's Report of Employee's Death(see Attachment L); Provide the dependents with CA-5, Claim for Compensation by Widow, Widower, and/or Children (see Attachment M). (The CWCP of the U.S Department of Labor will immediately send the supervisor the CA-5 and other forms when it receives notice of the death); Have the attending physician complete the Physician's Certificate on the last page of CA-5; and Complete the Certificate of Supervisor, CA-5, and send the form to the Office of Medical Services. Burial expenses, not to exceed $800, plus $200 for administrative expenses, are payable in any individual case. Transportation of the body to its former residence in the United States is provided when an employee dies away from his or her home station Settlement With Third Parties In instances where an employee's injury or death in the performance of duty creates a legal liability for a person other than the United State, the cost of compensation and other benefits paid by the CWCP must be refunded from any settlement obtained. CWCP will assist in obtaining the settlement. A certain proportion of the settlement, as determined by CWCP (after any attorney fees and costs are first deducted), may be retained even when the cost of compensation and other benefits exceeds the amount of the settlement Hearing and Review Rights If an employee or his or her survivors disagree with a final determination made by CWCP, a hearing may be requested to present evidence to further support the claim Appeal Rights There is a provision for additional review by the CWCP and a right to appeal to an independent Employee's Compensation Appeals Board. 5.5 Management Information System The purpose of the recordkeeping and reporting system is to collect, compile, and analyze safety and health statistics to identify unsafe and unhealthful working conditions so that appropriate corrective action may be taken. Peace Corps will use the occupational safety and health recordkeeping and reporting procedures specified in 29 CFR, Part 1960, Subpart I

243 5.5.1 Recordkeeping and Reporting Procedures The following recordkeeping and reporting procedures will be followed at each establishment: Safety Coordinator The Safety Coordinator will: Use the copies of the CA-l, CA-2, and SF-91 forwarded to him or her to prepare and maintain a record of all occupational injuries or illnesses. OSHA Form 100F, Log of occupational Injuries or Illnesses (see Attachment N), should be used for this purpose. Retain copies of the CA-l, CA-2, and SF-91 as a supplemental record. This eliminates the need to prepare and maintain OSHA Form 101F, Supplemental Record of Each occupational Injury or Illness. Complete and forward to the Designated Safety and Health Official, within 30 days of the end of each calendar year OSHA Form 102F, Annual Summary Report of occupational Injuries and Illnesses (see Attachment O), and OSHA Form 102FF, Annual Summary of occupational Accidents (see Attachment P). Post, for at least 30 days, a copy of these annual summaries no later than 60 days after close of the reporting year Designated Safety and Health Official The Designated Safety and Health Official will: Monitor the submission of the annual reports from each establishment; and Compile composite annual reports for submission to the Secretary of Labor Access to Records Access to records is as follows: Any Peace Corps employee and, with permission of the employee involved, the representatives of the employee, shall have access to specific occupational injury and illness reports (excepting medical or psychological evaluations which can be released only at the written request of the employee to a physician of his or her choice). Peace Corps safety and health inspection personnel shall have access to the records of injuries and illnesses to assist them in the evaluation of workplaces during inspections. The Secretary of Labor, or his or her authorized representative, shall be provided access to records of injuries and illnesses upon request to the Director of Peace Corps Retention of Records All of the above described records shall be maintained for five years following the end of the calendar year to which they relate. 6.0 Effective Date This Manual Section shall take effect on the date of issuance

244

245 MS 691: Guidelines for Employment of Foreign Service Nationals by Direct-Hire and Detail Date: 12/14/83 v.2 Office: M/PM/I Supersedes: MS 691, 7/13/83 Table of Contents Table Of Contents 1.0 Purpose 2.0 General Policy 3.0 Direct Hire Employment of Host Country Nationals 3.1 Impact of Ceiling Limitations 3.2 Positions 3.3 Types of Direct-hire Appointments 3.4 Compensation 3.5 Regional Approval 3.6 In-country Appointment Procedures Security Clearance Medical Clearance Appointment Documents 3.7 Reporting Procedures to Peace Corps/Washington Reporting for Conditional Appointments 4.0 Detail of Host Country Nationals to Peace Corps 4.1 General 4.2 Salary and Benefits 4.3 Other Factors Security Clearance Conflict of Interest Vehicle Insurance Service to Host Country Government During Time of Detail 4.4 Peace Corps/washington Reporting Procedures 5.0 Direct-hire Employment of Third Country Nationals 5.1 General 5.2 Employment Procedures

246 5.3 Compensation 6.0 Outside Business Interests 7.0 Delegation of Authority 8.0 Effective Date 1.0 Purpose This Manual Section provides guidelines and procedures concerning the employment of foreign nationals by Peace Corps overseas Posts. It is designed to supplement the local employee personnel administration policies and procedures discussed more explicitly in Chapter 910 of 3 FAM which have been adopted by the Peace Corps (see PCMS 601, "Administration of the Peace Corps Personnel System"). 2.0 General Policy The employment of foreign nationals at Peace Corps Posts makes closer and more meaningful relationships possible between Peace Corps and host country governments. Such personnel bring to their assignments, in addition to expertise, a sensitivity available only of those who are fully a part of the host culture. Country Directors, therefore, shall encourage host country governments to provide personnel on assignment or detail to the Peace Corps as a form of host country contribution. Country Directors may also obtain needed services of host country personnel by direct-hire Foreign Service National (FSN) appointments to the extent allowable under their foreign national complement ceilings. 3.0 Direct Hire Employment of Host Country Nationals 3.1 Impact of Ceiling Limitations Each direct-hire country national employee counts against the allotted employment ceiling, regardless of the duration of the appointment. 3.2 Positions Country Directors may direct-hire host country nationals into any program or administrative support position essential to the conduct of Peace Corps business which requires service on a continuing, full-time basis. 3.3 Types of Direct-Hire Appointments 3 (FAM) Lists and defines the possible types of FSN direct-hire appointments: Temporary-- appointment for duration of one year of less. Limited-- appointment for duration of more than one year, but less than five years. Indefinite-- appointment with no specified time limit, which requires that the employee participate in a host country social security plan. Conditional-- appointment with no specified 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 have the authority to offer participation in the CSR

247 3.4 Compensation Host country nationals will receive compensation and employee benefits in accordance with Section 408 of the Foreign Service Act of 1980, which requires the provision of a compensation plan based on prevailing wage rates and local compensation practices. FSN positions are classified in accordance with provisions for position classification given in MS 603, "Position Management Program for Foreign Service Positions". 3.5 Regional Approval Authority to hire rests with the Country Director. However, all positions to be filled by FSN direct-hire shall be reported to the Regional Director, showing compliance with budget and ceiling restrictions. The Country Director will provide the Regional Director with the following information for each foreign national whose direct-hire appointment is proposed: Proposed position assignment, Biographical summary of proposed appointee, Proposed compensation data, and Proposed entry-on-duty date, pending receipt of security and medical clearances 3.6 In-Country Appointment Procedures In addition to using the guidelines provided by this Manual Section and 3 FAM 910, Country Directors should seek the support of the local Embassy Personnel Officer or Administrative Officer when such assistance is provided by the FAAS Agreement. If assistance is not available, the Country Director should seek guidance from the Regional Director Security Clearance In accordance with 3 FAM 922.2, the Country Director should request the Embassy Security Office to conduct pre- employment investigations. No employee may enter on duty until appropriate clearance is received from the Security Officer. Moreover, even when cleared, no FSN appointee may be given access to Peace Corps generated administratively controlled material (L.O.U.) pursuant to the provisions of MS 833 ("Document Classifications") Medical Clearance The Country Director should ensure that pre- employment medical examinations are conducted in accordance with 3 FAM Appointment Documents Appointment documents which must be completed are described in 3 FAM 924 ("Appointment"). 3.7 Reporting Procedures to Peace Corps/Washington All overseas employment of Foreign Service Nationals is reported to PC/Washington as part of the quarterly 699 report as prescribed by MS 699 "Report of Foreign Service National Employees and Personal Service Contracts"

248 3.7.1 Reporting for Conditional Appointments All FSN appointments which are part of the U.S. Civil Service Retirement and Disability System require the following be sent to Accounting Division (M/FM/A): A copy of the Notification of Personnel Action (DS-2032 or SF-50); All subsequent notifications of personnel action, e.g., promotion, pay adjustment, transfer, separation, etc. 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. 4.0 Detail of Host Country Nationals to Peace Corps 4.1 General Detail and assignment of host government employees have no effect on employment ceilings. Country Directors should encourage the host country government to provide personnel without cost to Peace Corps whenever possible. 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 without affecting employment ceilings. 4.2 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 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's government compensation rate significantly exceeds what the individual could command in the local market, this factor might 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, retirement benefits or severance pay. It is the Country Director's responsibility to insure 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 an FSN 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 Security Clearance The Country Director should ask the Embassy Security Officer to conduct pre-employment investigations for personnel to be detailed in accordance with 3 FAM Detailed personnel (like direct-hire) cannot be given access to classified material. With security clearance, they may have access to Peace Corps generated administratively controlled material (L.O.U.) pursuant to the provisions of MS 833, "Document Classification"

249 4.3.2 Conflict of Interest The Country Director must be sensitive to situations involving, or appearing to involve, conflicts of interest between a detailed individual's responsibilities toward the Peace Corps and toward the host government Agency Vehicle Insurance If detailed foreign nationals are expected to operate Peace Corps vehicles in connection with their assignments, the Country Director shall determine whether host country law requires the Peace Corps to purchase liability insurance locally. If the detailed employee is expected to operate host country government owned vehicles in connection with his or her Peace Corps assignments, the host country government's written assumption of responsibility must be secured Service to Host Country Government During Time of Detail During periods of detail to the Peace Corps, FSN personnel may not perform employee services for their government which are extraneous to their Peace Corps duties. 4.4 Peace Corps/Washington Reporting Procedures The Country Director will forward to the Regional Director the following information for each professional foreign national whose detail from the host country government is proposed: Proposed position assignment, Biographical summary, Proposed detail arrangements with the host country government, Agency, Proposed costs to the Peace Corps, if any, and Amount of host country contributions due to the detail. 5.0 Direct-hire Employment of Third Country Nationals 5.1 General Employment of third country national (TCN) by the Peace Corps overseas is discouraged for the following reasons: Difficulties with local laws and regulations governing the employment of third country nationals, and Difficulties in transferring retirement or social security benefits to the home country. 5.2 Employment Procedures When TCN's are considered for employment, their services should be obtained by the same procedures used to employ direct-hire FSNs. 5.3 Compensation TCNs should receive compensation and employee benefits within the local FSN compensation plan at a rate commensurate with their background and ability and their assigned responsibility and authority as Peace Corps employees

250 6.0 Outside Business Interests Non-U.S. citizen employees of the Peace Corps overseas may engage in outside business activities with the prior approval of Country Director. In granting approval, the Country Director should consider the potential for real or apparent conflict of interest between the individual's Peace Corps employment and his or her private business interest. 7.0 Delegation of Authority The specific duties and responsibilities assigned to named officers in this section may be performed by persons designated to fill those offices in a "Acting" capacity. 8.0 Effective Date This Manual Section shall take effect on the date of issue

251 MS 693: Employment of US Citizens Abroad Date: 4/27/84 v.2 Office: M/PH Supersedes: MS 612, 6/14/73 Table of Contents Table Of Contents 1.0 Purpose 2.0 Background 2.1 Coordination with the Department of State 3.0 Policy 4.0 Intelligence Background 5.0 Resident Hire Permanent Employee 5.1 Application Procedure 5.2 Determination of Resident Hire Appointment 5.3 Appointment Procedures Medical Examination Clearance Requirement 5.4 Conditions of Service 5.5 Five Year Limitation on Peace Corps Employment 6.0 Resident Hire Temporary Employee 6.1 Appointment Procedures Security Investigation Medical Examination Notification 6.2 Maintenance of Personnel File 6.3 Extensions of Temporary fp Appointments 6.4 Reappointment Limitations 6.5 Conditions of Service 6.6 Termination of Appointment 7.0 Resident Hire Expert or Consultant 7.1 Duration of Appointment 7.2 Appointment Procedures Security Clearance Medical Clearance

252 7.2.3 Notification 7.3 Maintenance of the Personnel File 7.4 Condition of Service 7.5 Termination Procedures 8.0 Employee in Foreign Service National/American Family Member (FSN/AFM) 9.0 Effective Date 1.0 Purpose This Manual Section establishes the policies and procedures pertaining to the employment of U.S. citizens residing abroad. The appointments covered in this Manual Section are: resident hire permanent employees, resident hire temporary employees, resident hire experts or consultants, and employees in Foreign Service National/American Family Member (FSN/AFM) positions. 2.0 Background Resident hire expert or consultant appointments are made under the provisions of section 13(a) of the Peace Corps Act. All other appointments covered in this Manual Section are under the provisions of section 7(a) (2) of the Peace Corps Act. Therefore, employees in those positions should be aware that once they terminate employment with Peace Corps, they will not be eligible for reappointment by the Peace Corps for a period equal to the time' served in Peace Corps under Section 7(a) (2). See Manual Section 735 "Procurement of Personal Services by Contract Overseas" for guidance on contracting for the service of U.S. citizens abroad through personal services contracts. 2.1 Coordination with the Department of State National Security Decision Directive 38 on "Staffing at Diplomatic Missions and Their Constituent Posts", dated 6/2/82, directs the Peace Corps to seek approval of the Chief of Mission on any proposed changes in the size, composition, or makeup of staffing at Peace Corps Posts in coordination with the Department of State. All Peace Corps Foreign Service (FP) and Foreign Service National (FSN) positions are monitored by the Department of State Office of Management-Operations (State/M/MO). If a proposed appointment of a resident hire FP employee will require the establishment of a new position or change the existing staffing pattern in any way, prior approval of the Peace Corps Regional Director and concurrence of the Associate Director for International Operations are required. Once such approval is given, the proposed appointment of a resident hire FP employee shall be submitted to the Office of Personnel Management (M/PM), PC/Washington. The Office of Personnel Management will take the necessary steps to process such requests for a change in staffing and will submit these to the Department of State for clearance. When the clearance is obtained, the Office of Personnel Management will notify the Post by cable and the Region, in order to initiate the appointment of a resident hire employee. 3.0 Policy It is the policy of the Peace Corps to appoint qualified candidates to fill the staff needs at overseas Posts by relying on fair and equitable recruitment and selection processes which emphasize the selection of the best qualified individual in a timely manner. All candidates, wherever recruited, will be evaluated on the basis of education, experience, and suitability for the position. Position-specific selection criteria shall be established and uniformly used to evaluate all qualified candidates, in order to select a candidate whose qualifications best match the needs of the overseas program. Once the selection is made for a particular position by the selecting Regional Director and concurred with by the Associate Director for International

253 Operations, the offer of employment will be made by the Office of Personnel Management to the selected individual as a resident hire or regular appointment. A regular appointment is one that requires world-wide service availability on the part of the employee, whereas a resident hire appointment is one that recognizes the limitation of the employee's availability for service only to his or her country of residence. Candidates recruited from within the U.S. are offered regular permanent FP appointments. U.S. citizens residing abroad may be offered either a regular or a resident hire appointment. The determination whether to make a regular or resident hire appointment shall be made by the Director, Office of Personnel Management, in accordance with the criteria established in paragraph of this Manual Section. NOTE: Country Director positions are not filled by resident hire employees. 4.0 Intelligence Background Restrictions on employment of persons with intelligence backgrounds, contained in MS 611, are applicable to both permanent and temporary resident hire appointments. 5.0 Resident Hire Permanent Employee A U.S. citizen residing abroad may become an applicant and be selected for a permanent FP position located in the country of his or her residency. Such an individual's application will be evaluated by the same selection criteria and procedures as those applicable to candidates recruited from within the U.S. However, because of the time and costs involved, a paper assessment and a phone interview may be substituted for a personal interview in the screening process when the individual is residing outside of the U.S. 5.1 Application Procedure To become a candidate for a permanent FP position overseas, an individual shall submit a completed Standard Form 171 (Personal Qualifications Statement) to Overseas Staff Recruitment, Office of Personnel Management (M/PM), Peace Corps/Washington. At the time of filing an application, the individual should also submit to Office of Personnel Management: A signed PC Form 1336 (Intelligence Background Information); SF-85 (Security Investigation Data for Non-critical or Non-critical Sensitive Positions); and SF-87 (U.S. Office of Personnel Management Finger Print Chart) in triplicate. (To avoid possible additional retakes for proper classification, more copies may be submitted as an added precaution.) The Post where the FP position is located may submit a recommendation concerning the individual based on direct knowledge and assessment of his or her qualifications to Overseas Staff Recruitment and/or the Regional Director. 5.2 Determination of Resident Hire Appointment Upon receiving an application from an individual residing abroad, Overseas Staff Recruitment shall advise the applicant on the conditions of employment should he or she be selected. The determination whether an applicant is to receive a resident hire permanent FP appointment, as opposed to the regular permanent FP appointment, shall be made by the Director, Office of Personnel Management. The individual shall be offered a resident hire appointment when he or she is available for employment with the Peace Corps only in the country where he or she has established residence. Conversely, an

254 individual will be offered a regular permanent FP appointment if he or she provides written assurance of his or her availability for assignment worldwide. 5.3 Appointment Procedures Once the individual is selected for permanent FP resident hire appointment, the Office of Personnel Management (M/PM) will: Initiate a security investigation, and Authorize the medical examination of the individual at Post Medical Examination The medical examinations will be given by the Peace Corps Medical Officer/Medical Contractor, or other available U.S. Medical Officers at Post to ascertain that the individual meets the minimum requirements set forth for service at the particular Post, as determined by Peace Corps Medical Services (M/MS). The medical examination may be performed by a local physician, provided that the results of the examination are written in English. The results of the individual's medical examination shall be forwarded to the Chief of Medical Operations Office of Medical Services (M/MS), Peace Corps/Washington, and marked MEDICALLY CONFIDENTIAL Clearance Requirement An individual may not be hired as an employee until the security investigation has been successfully completed, security clearance granted, and the requested medical examination has been reviewed and medical clearance granted for service in the country of assignment. 5.4 Conditions of Service A resident hire permanent FP employee receives the same coverage as regular employees in the following areas: Annual and sick leave benefits; Eligibility to enroll in Government sponsored health and group life insurance programs; Entitlement under the Federal Employees Compensation Act (FECA); and Participation in the Civil Service Retirement System. However, the benefits and allowances available to a resident hire FP permanent employee differ from those available to regular permanent FP employees in the following respects: Travel and transportation expenses associated with entry-on-duty, i.e., transportation from the place of residence to the Post for the employee and dependents and shipping and storage of household and personal effects, shall not be provided for a resident hire employee. Coverage under the State Department Medical and Health Program is not provided, unless the resident hire employee and dependents already qualify as dependents of a U.S. Government employee who is covered by the program. Therefore, a resident hire employee and his or her dependents are not eligible for emergency medical evacuation for treatment of illness or injuries unless the injury was sustained on the job, in which case a resident hire may be authorized travel outside the Post to receive medical attention under the Federal Employees Compensation Act (FECA) program coverage. A resident hire employee is eligible to receive normal embassy health unit services during business hours at Post, including authorized immunizations. However, the use of Post health unit facilities does not extend to the dependents of a resident hire employee

255 A resident hire employee is provided a quarters allowance or government-leased housing at Post. However, no furnishings shall be provided to furnish the official residence of a resident hire employee. Education allowance or education travel for dependent children is not authorized for dependents of a resident hire employee. Separate maintenance allowance is not authorized. Emergency family visitation travel is not granted. A resident hire is not eligible for commissary or pouch privileges. Child visitation travel is not granted. A resident hire permanent employee is not eligible for home leave. See Manual Section 642 "Conditions of Service for U.S. Overseas Staff" for further information. 5.5 Five Year Limitation on Peace Corps Employment Appointments of resident hire permanent U.S. citizen employees are subject to the 5 year limitation on Peace Corps employment and the "in and out" rule (see MS 601, "Administration of the Peace Corps Personnel System"). 6.0 Resident Hire Temporary Employee Temporary (not more than 90 days) staff needs overseas may sometimes be met by obtaining the services of U.S. citizens already residing in the country. Family members of employees of other U.S. foreign affairs agencies or other qualified U.S. citizens may be employed for a short period to perform staff functions in support of the overseas program. A Post shall establish fair and equitable recruitment/selection processes to ensure that all qualified candidates receive equal consideration for the position. (See Manual Section 694 "Family Employment" for guidance and policies for applicants who are relatives of Peace Corps employees.) 6.1 Appointment Procedures A Post may recommend a U.S. citizen residing at Post for a resident hire temporary appointment. A proposed appointment which will affect, in any way, the existing staffing pattern at Post needs the approval of the Regional Director, concurrence of the Associate Director for International Operations, and State Department clearance, in accordance with paragraph 2.1. of this Manual Section, before a personnel action may be initiated. The Country Director shall send a request for such appointment to the Regional Director for approval and to the Associate Director for International Operations for concurrence. The Standard Form 52 (Request for Personnel Action), containing the title of the position to be filled, the proposed class, the proposed salary rate, and justification for appointment for temporary needs, shall be prepared to document such needs. The request for a resident hire temporary FP appointment must be accompanied by: A signed and completed copy of Standard Form 171 "Personal Qualifications Statement" of the proposed appointee; PC Form 1336 (Intelligence Background Information); A completed SF-85 (Data for Non-sensitive or Non-critical-Sensitive Position); and SF-87 (OPM Finger Print Chart) prepared in triplicate. If the proposed action involves the establishment of a new position, a description of the scope of work assignments, duties and responsibilities, and the supervision and guidance received must be submitted to the Office of Personnel Management (M/PM), PC/Washington for classification of the position

256 If approved by the Regional Director and concurred with by the Associate Director for International Operations, the request for appointment of a resident hire temporary FP employee shall be forwarded to the Office of Personnel Management (M/PM), PC/Washington. Upon receipt of the SF-52 and the necessary documents, the Office of Personnel Management will initiate the appropriate security investigation Security Investigation An individual may not be hired as a resident hire temporary FP employee until the security investigation has been successfully completed and the security clearance has been granted Medical Examination A pre-employment medical examination is not required of a proposed resident hire temporary employee Notification The Office of Personnel Management (M/PM) shall inform the proposed appointee of the official personnel action by cable and notify the Region and the Post. 6.2 Maintenance of Personnel File The Official Personnel File (OPF) of the employee will be maintained in the Office of Personnel Management, (M/PM), PC/Washington. 6.3 Extensions of Temporary FP Appointments An extension of the temporary FP appointment must receive prior approval of the Regional Director and concurrence of the Associate Director for International Operations. SF-52 requesting such extension shall be forwarded to the Office of Personnel Management for administrative clearance. The temporary appointment may not exceed one year of service. 6.4 Reappointment Limitations Under Section 7(a) (2) of the Peace Corps Act, a resident hire temporary FP employee is not eligible for reappointment to Peace Corps for a period equal to the time served in the Peace Corps once he or she terminates employment. 6.5 Conditions of Service A resident hire temporary FP employee whose duration of appointment exceeds 90 days is entitled to annual and sick leave but does not accrue home leave. Such an individual is also covered by the Federal Compensation Act while employed by the Peace Corps. However, a resident hire temporary FP employee is not eligible for relocation expenses, allowances or benefits which are accorded to the overseas permanent FP employees as listed in MS 642, "Conditions of Service for U.S. Overseas Staff". He or she is eligible to receive normal embassy health unit services during business hours at Post but is not covered by the State Department Medical and Health Program unless he or she qualifies as a dependent of a U.S. Government employee under coverage of the Program. A resident hire temporary FP employee does not acquire the right to use pouch, APO, or commissary facilities as a result of his or her employment with Peace Corps. A resident hire temporary FP employee is covered by Social Security, and generally is not eligible to participate in the Civil Service Retirement System

257 6.6 Termination of Appointment A resident hire temporary FP appointment may be terminated at any time at the discretion of the Peace Corps. Such an appointment will automatically terminate on the last date of appointment unless the extension personnel action has been approved and processed. (See Manual Section 671 "Termination Process for PC Personnel" for guidance.) 7.0 Resident Hire Expert or Consultant Temporary needs for expert or consultant service may be obtained by hiring a qualified U.S. citizen already residing at Post. An expert position is one which requires the services of an individual with excellent qualifications and a high degree of attainment in a professional, scientific, technical, or other field. Those services include duties that cannot be performed satisfactorily by someone not an expert in that field. An expert or consultant position is one which primarily requires performance of advisory or consultant services, rather than performance of operating functions. An expert or a consultant may not be used to perform staff functions which are normally performed by a permanent FP employee. 7.1 Duration of Appointment Experts and consultants appointed under Section 13(a) of the Peace Corps Act may not work more than 130 days in a service year. They are not covered by the "out-as-long-as-in" rule of Peace Corps. Consequently, they may be re-employed by Peace Corps at any time, provided their service does not exceed the time limitation listed above. 7.2 Appointment Procedures A Post may nominate a U.S. citizen residing at Post for appointment as resident hire expert or consultant by submitting a request for appointment to the Regional Director. Such a request, once approved by the Regional Director and concurred with by the Associate Director for International Operations, shall be forwarded to the Office of Personnel Management (M/PM), PC/Washington, on SF-52 containing the proposed daily rate of compensation, justification for appointment of expert or consultant, approximate duration of service needed, and a brief proposed statement of the work. It must be accompanied by the following: A complete and signed SF-171; SF-87 prepared in triplicate; SF-85; PC Form 1336; and PC Form 1258 (Confidential Statement of Employment and Financial Interests- for use by special government employees). Upon receipt of the SF-52 and the necessary documents, the Office of Personnel Management will initiate the security investigation Security Clearance An individual may not be hired as a resident hire expert or consultant until the security investigation has been successfully completed and security clearance granted, and the Confidential Statement of Employment and Financial Interests has been reviewed and cleared by the Office of General Counsel

258 7.2.2 Medical Clearance Preemployment medical examination of an expert or consultant is not required Notification The Office of Personnel Management will notify the proposed appointee of the official personnel action by cable and inform the Region and the Post of the action. 7.3 Maintenance of the Personnel File The Official Personnel File of the expert or consultant will be maintained in the Office of Personnel Management (M/PM), PC/Washington. 7.4 Condition of Service The conditions of service for the resident hire expert or consultant are the same as listed in paragraph 6.5. However, as an expert or consultant, the individual is not eligible for any annual or sick leave. 7.5 Termination Procedures A resident hire expert or consultant appointment may be terminated at any time at the discretion of the Peace Corps. Such appointments will automatically terminate on the last date of the fiscal year. (See Manual Section 671 "Termination Process for PC Personnel" for guidance.) 8.0 Employee in Foreign Service National/American Family Member (FSN/AFM) Position A family member of a U.S. Government employee assigned overseas may be hired temporarily to fill certain Foreign Service National positions at Post. Such an appointment may be authorized when there are no qualified FSN candidates and the temporary nature of the appointment is not deemed to have a negative impact on the effective implementation of the Peace Corps program. Peace Corps follows the procedure and guidelines for the appointment of American family members to FSN positions as set forth in the Foreign Affairs Manual 3 FAM 122.8, Manual Section 693, "Employment of Family Members", and Manual Section 641, "Standards of Conduct for Peace Corps Employees". 9.0 Effective date This Manual Section takes effect on the date of issuance

259 MS 694: Employment of Family Members Date: 9/22/83 partial revision 07/15/99 Office: M/HRM Supersedes: MS 619 dated 7/6/73 Table of Contents Attachments Table Of Contents 1.0 Purpose 2.0 Policy 2.1 Peace Corps Employment of Family Members Overseas Restrictions Application Procedures Types of Employment Resident Hire Removed 07/15/99) Local Hire 2.2 Peace Corps Employment Overseas of Family Members of the Country Director (07/15/99) 2.3 Overseas Employment of Family Members Outside of Peace Corps 2.4 Peace Corps Employment of Family Members Within the U.S. 2.5 Contractors (07/15/99) 3.0 Effective Date Attachments Attachment A Guidance for Employment Overseas of Family Members (MS 694.doc) 1.0 Purpose This Manual Section provides guidance on the employment of relatives of Peace Corps staff members in the U.S. and overseas

260 2.0 Policy Peace Corps has only a limited number of overseas staff positions for which staff spouses or relatives might be considered. Peace Corps, however, does attempt to assist overseas family members in locating employment with other U. S. or host country government agencies or private organizations. 2.1 Peace Corps Employment of Family Members Overseas Restrictions Peace Corps may employ the spouse or relative of an employee only when: The spouse or relative is qualified for the position; Neither the spouse/relative nor the employee would have supervisory authority over the other or responsibility for reviewing or auditing vouchers for payment; or maintaining time and attendance/leave records, property records, or accountable form records in the Agency, where such work has actual or potential impact on the public official; The proposed employment complies with MS 641, "Employee Standards of Conduct". The "Employee Standards of Conduct" includes a prohibition against an employee taking any official action which might result in, or give the appearance of resulting in, private gain to himself or herself or another person, particularly one with whom he or she has business or family ties. In addition, the "Employee Standards of Conduct" incorporate, by reference, the anti-nepotism statute (5 U. S. C. 3110) which prohibits public officials from appointing, employing, promoting, or advocating the employment or promotion of any relative in or to a position in the Agency in which they are serving as a public official or over which they have jurisdiction. To avoid any appearance of actions which violate this prohibition, public officials may not participate, in any way, in the application of a relative or spouse for employment Application Procedures Employment by Peace Corps shall be based solely on the interests and needs of the Agency. Using these criteria, personnel ceilings are allocated and positions established. The Office of Human Resource Management is responsible for recruitment for all authorized overseas American staff positions (excluding Country Director positions) as defined in the Country Management Plans. Spouses or relatives of overseas staff may apply for any position for which the Post is recruiting, provided that they satisfy the requirements of above. Such applications are to be submitted through the Regional Director, who will review them for compliance with the restrictions in , and then forward the application to the Director of Human Resource Management for consideration along with other applicants Types of Employment Spouses or relatives may be considered for employment using one of the following alternatives: Resident Hire Relatives or spouses who are overseas as dependents of a current U. S. employee will be considered Resident Hires if employed in authorized American positions in the same country. Resident Hires in Peace Corps are subject to applicable provisions of 3 FAM and of the Standardized Regulations (Government Civilians, Foreign Areas) which are generally available at overseas Posts (Removed 07/15/99)

261 Local Hire Peace Corps is committed to its longstanding policy of bi-nationalism with respect to the employment and career development of host country national employees. Although Section 311 of the Foreign Service Act of 1980 provides for the employment of qualified family members in positions normally filled by host country national employees, Peace Corps will not employ relatives or spouses of employees in these local hire positions unless a thorough search results in a determination that no host country national is available for the position. To justify the hiring of a family member into a position normally filled by a host country national, the Country Director will provide a detailed report to the Regional Director which includes the following: Outline of recruitment methods utilized; Evaluations of candidates interviewed; and, A final determination that further recruitment efforts would be fruitless. The report will include a statement requesting authority to hire a U. S. national into what would otherwise be a local hire position 2.2 Peace Corps Employment Overseas of Family Members of the Country Director Because the Country Director is officially the supervisor of all employees at Post, opportunities for the employment of a relative or spouse of the Country Director (except in the case of Co-Directors) are extremely limited. 2.3 Overseas Employment of Family Members Outside of Peace Corps It is the responsibility of each Country Director to acquire from the embassy or to prepare and update annually a Post report of in-country employment resources and opportunities. This report should include local regulations and restrictions, including work permit requirements, for employment in that country (see Attachment A). Spouses and family members of Peace Corps staff members may accept employment in a foreign country unless such employment, as determined by the Country Director, would: Adversely affect relations between the U. S. and the host government; Violate local custom; Displace a host country national from employment; Violate conflict of interest regulations (MS 641); or Adversely affect the image of Peace Corps. In the case of employment of a Country Director's spouse or relative, certification that the above criteria have been met shall be provided to the Peace Corps Regional Director by the U. S. Chief of Mission. 2.4 Peace Corps Employment of Family Members Within the U.S. Peace Corps may employ spouses and relatives of Peace Corps staff members within the U. S. except as prohibited by MS 641 and the anti-nepotism statute (5 U. S. C. 3110)

262 2.5 Contractors (07/15/99) A regular Peace Corps employee's spouse or other member of his/her immediate household may not be a Peace Corps contractor (including a personal services contractor). A spouse or household member of a regular employee may not be employed by a Peace Corps contractor and assigned to a Peace Corps contract (22 CFR (e)(6)). The spouse or family member of a special Peace Corps employee (an expert or consultant who is employed not more than 130 days in any service year) may only be a Peace Corps contractor (including being a personal services contractor or an employee of a Peace Corps contractor assigned to a Peace Corps contract) after a determination by the Peace Corps Committee on Conflicts of Interest that no actual or apparent conflict of interest exists. (22 CFR (e)). 3.0 Effective Date This Manual Section shall become effective on the date of issuance

263 MS 699: Report of Foreign Service National Employees and Personal Service Contractors Date: 7/13/83 Office: M/PM Supersedes: MS 699, 6/6/73 Table of Contents Attachments Table Of Contents 1.0 Purpose 2.0 Reports 2.1 Permanent Foreign Service National Employees (FSNs) 2.2 Temporary Foreign Service National Employees (FSNs) 2.3 Foreign National Personal Service Contractors (FNPSCs) 2.4 American Citizen Personal Service Contractors (AMPSCs) 2.5 Personnel Paid Directly by, or Detailed from, Host Country 2.6 American and FSNEmployees of the Peace Corps Contractors 3.0 Interim Reports 3.1 Accessions (New Hires) 3.2 Separations, or Termination 4.0 Effective Date Attachments IN PROGRESS OF OBTAINING Attachment A Sample Cable (699 Cable Format) for Quarterly Reporting Attachment B Sample Cable (699 Cable Format) for Interim Reporting 1.0 Purpose This Manual Section prescribes procedures for reporting overseas employment of Foreign Service National (FSN) employees and contract employees, both American and Foreign National

264 2.0 Reports The Country Director shall submit a report of FSN and contract employees at the end of each fiscal quarter. On the 22nd day of September, December, March, and June, the Country Director will cable the International Operations Administrative Unit (with information copies to the Regional Administrative Liaison Officer, the Personnel Office and Country Desk Unit), a list of FSNs and Contractors who are expected to be working on the last day of the quarter. This quarterly report will also include all changes reported on the interim reports during the quarter. Attachment A is an example of the information that must be submitted in the correct format for transmission. For purposes of this report, employees in Categories C and D who spend at least 50 percent of their time in training-related work should be classified as "Training"; all others should be classified as "Non- Training". An asterisk (*) should be entered before the name of each employee who is paid from Host Country Contributions. 2.1 Permanent Foreign Service National Employees (FSNs) List name, position title, grade/step, annual salary in U.S. dollar equivalent based on rate of exchange on date of report, for each FSN employee in permanent status expected to be working on the last day of the quarter. (Official title, grade/step and salary are shown on Form SF-50 (or 1032), "Notification of Personnel Action", which is prepared by the Embassy.) This list should also include FSNs paid from Host Country Contributions (asterisked as indicated above). 2.2 Temporary Foreign Service National Employees (FSNs) List the same information requested in A above, including also the length of current appointment (the "Not to Exceed" [NTE] date). 2.3 Foreign National Personal Service Contractors (FNPSCs) List name, title, length of contract, Training/Non-Training. 2.4 American Citizen Personal Service Contractors (AMPSCs) List as in C above. Enter the symbol "#" before the name of each contractor who is serving under a contract executed in Peace Corps/Washington Personnel Paid Directly by, or Detailed from, Host Country List name and title. 2.6 American and FSN Employees of the Peace Corps Contractors List the name of the contractor and the number of person years expected to be used in performance of the contract. 3.0 Interim Reports Personnel actions to hire or terminate employees are to be reported with the same distribution as the quarterly report, no later than the end of the pay period (every two weeks) during which it is effective. The following information should be reported:

265 3.1 Accessions (New Hires) Employee name; date of birth; position title; grade/step and annual salary; retirement code; service computation date; nature of action (Appointment, Reinstatement, etc.); effective date of action; work schedule. (All above information is available on SF-50 (or 1032), "Notification of Personnel Action", which effected the action.) 3.2 Separations, or Termination Employee name; nature of action (e.g., resignation); effective date of action; position title; grade/step and annual salary. Attachment B is an example of the information in the correct format that must be submitted for transmission. In the next quarterly report, all changes reported separately during the quarter must be included. 4.0 Effective Date This Manual Section shall take effect on the date of issuance