UNCLASSIFIED (U)

3 FAM 3430

HOME LEAVE

(CT:PER-924; 09-21-2018)
(Office of Origin: HR/ER/WLD)

3 FAM 3431 AUTHORITY AND ELIGIBILITY

3 FAM 3431.1 Authority

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. The authorities are found under:

(1) 5 U.S.C. 6305;

(2) 5 CFR 630, Subpart F; and

(3) Sections 901 and 903 of the Foreign Service Act of 1980, as amended.

b. The purpose of home leave is to ensure that employees who live abroad for an extended period undergo reorientation and re-exposure in the United States on a regular basis.

3 FAM 3431.2 Eligibility

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Within the limitation of available funds, the foreign affairs agencies may grant home leave, or combined home leave and annual leave, with travel at U.S. Government expense to any employee who:

(1) Is a citizen of the United States;

(2) Has completed at least:

(a) 12 months of continuous service abroad at a post experiencing extraordinary circumstances, as determined by the Director General of the Foreign Service; or

(b) 18 months of continuous service abroad; and

(3) After home leave, is expected to return:

(a) Immediately to service abroad with the employing agency; or

(b) To service abroad with the employing agency upon completion of an assignment in the United States; or

(c) To service abroad after transferring to an international organization.

b. Home leave is ordinarily granted at the conclusion of an overseas assignment if the requirement for continuous overseas service cited in 3 FAM 3431.2, subparagraph(a)(2), has been met. Exceptions to this requirement can be found in 3 FAM 3433.1.

c. Employees must take home leave as soon as possible after 36 months of continuous service abroad. Employees serving at posts experiencing extraordinary circumstances must take home leave at the conclusion of their assignments in accordance with the guidelines in 3 FAM 3434.2, paragraph b, and 3 FAM 3435.1, paragraph d.

d. An employee who meets the eligibility requirements in 3 FAH-1 H-3415 for accumulating a maximum of 45 days of annual leave earns and may be granted home leave.

e. Employees who have elected Presidential appointee pay and leave status are not eligible for home leave. However, they may qualify for a leave of absence with pay for use in the United States, its territories, or its possessions. (See 3 FAM 3323.1.)

3 FAM 3432 DEFINITIONS applicable to this subchapter and to 3 fah-1 h-3430

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Creditable service abroad: For the purpose of establishing eligibility for travel at U.S. Government expense, creditable service abroad is continuous service as a Federal employee with any agency of the Federal Government, including service in the U.S. Armed Forces at a post of duty outside the United States and outside the employees place of residence if the employees residence is a U.S. Commonwealth or possession. Service in Puerto Rico by an employee whose official place of residence or home leave address is Puerto Rico will not count as creditable service abroad and the employee will not be authorized home leave.

Foreign affairs agencies: Department of State, U.S. Agency for International Development (USAID), U.S. Agency for Global Media (USAGM), the Department of Commerce, and the Foreign Service Corps of the U.S. Department of Agriculture (USDA).

Home leave: Leave authorized by 5 U.S.C. 6305(a) and earned by service abroad for use in the United States, in the U.S. Commonwealths, or in the territories and possessions of the United States.

Month: A period which runs from a given day in one month through the day preceding the numerically corresponding day in the next month.

Possession: U.S. possessions or territories, including principally the U.S. Virgin Islands, Guam, and American Samoa.

United States: The 50 States and the District of Columbia.

U.S. Commonwealth: The Commonwealths of Puerto Rico and the Northern Mariana Islands.

3 FAM 3433 OTHER CONSIDERATIONS

3 FAM 3433.1 Fewer Than 18 Months of Continuous Service Abroad

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Home leave may be granted to employees with fewer than 18 months of continuous service abroad only:

(1) As authorized by the Director of the Office of Career Development and Assignments (HR/CDA) or the Director of the Assignments Division (HR/CDA/AD) under authority delegated by the Director General of the Foreign Service and Director of Human Resources, when the assignment is terminated because the post or country of assignment is designated as an imminent danger area and the employees are evacuated from post; or

(2) As authorized by the Director of HR/CDA or the Director of HR/CDA/AD under authority delegated by the Director General of the Foreign Service and Director of Human Resources, when the assignment is terminated at the convenience of the U.S. Government and/or where the needs of the Foreign Service so warrant; or

(3) As authorized by the Director of HR/CDA or the Director of HR/CDA/AD under authority delegated by the Director General of the Foreign Service and Director of Human Resources, when an employee has served fewer than 12 months of continuous service abroad at a post experiencing extraordinary circumstances as provided in 3 FAM 3431.2, subparagraph a(2)(a), and the assignment is terminated at the convenience of the U.S. Government and/or where the needs of the Foreign Service so warrant; and

(4) For the other foreign affairs agencies, as authorized by the officials listed below under the circumstances described in 3 FAM 3433.1, subparagraphs (1), (2), and (3):

3 FAM 3433.2 Dual Entitlements

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Employees may not receive dual entitlements. Therefore:

(1) Each member of a tandem couple may accrue and use home leave in his or her own right when both are assigned abroad. However, if one member goes on LWOP to accompany his or her spouse or domestic partner (as defined in 3 FAM 1610) abroad, that member will be considered an eligible family member (as defined in 14 FAM 511.3) for home leave travel entitlement purposes. Home leave travel as a member of a tandem couple on LWOP is considered a break in continuous service abroad. Home leave accrued prior to going on LWOP will remain to the employees credit and may be used when the employee returns to duty status and establishes eligibility; and

(2) The spouse or domestic partner of an employee of a foreign affairs agency who is serving at post as a member of the uniformed services or as an employee of another U.S. Government agency is eligible for home leave as the employees eligible family member provided:

(a) The other agency or uniformed service does not accord comparable benefits; and

(b) The spouse or domestic partner is included on the employees Form OF-126, Foreign Service Residence and Dependency Report.

3 FAM 3433.3 Eligibility of Family Members

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Family members qualify for home leave travel based on the eligibility and entitlement of the employee. However, additional provisions may apply to eligible family members (EFMs) of employees serving at a post experiencing extraordinary circumstances (see 3 FAM 3433.3, paragraph e). Except for children who have turned 21 and who do not meet the definition of eligible family members in 14 FAM 511.3, eligible family members include individuals who:

(1) Are included on the employees Form OF-126, Foreign Service Residence and Dependency Report;

(2) Have traveled to post under official travel orders, or have been acquired after the employees arrival at post; and

(3) Are considered to be residing at post at the time the employee travels under home leave travel orders.

b. Family members normally travel with the employee, but they may travel in advance of or after the employee provided that travel orders have been issued and the employee meets the minimum period of service to qualify for home leave.

c. Family members are not required to take home leave travel. However, eligible family members who take home leave travel must comply with applicable laws, regulations, and Department policies on home leave travel.

d. When an employee is transferring from a foreign post to an onward unaccompanied assignment and is taking home leave prior to traveling to the onward assignment, qualifying EFMs are eligible for paid travel to their home leave address and for additional travel orders to their involuntary separate maintenance allowance location, if such additional orders are necessary.

e. The Department policy on home leave travel for eligible family members of employees serving at a post experiencing extraordinary circumstances, as determined by the Director General of the Foreign Service, may include additional or different provisions. Employees in such a category should consult applicable service recognition packages to determine the eligibility of their family members for home leave travel.

3 FAM 3434 HOME LEAVE WHEN FOLLOWED BY ASSIGNMENT ABROAD

3 FAM 3434.1 Standard

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Generally, 30 workdays of home leave, exclusive of transit time, is considered an appropriate amount of time to meet the purpose of home leave and will be granted unless the employee requests or has accrued fewer days, or an exception is made based on the needs of the Service.

3 FAM 3434.2 Minimum

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Except as provided in paragraphs b and c of this section, employees will take not less than 20 workdays of home leave. (NOTE: See 3 FAM 3464.3 for regulations on transition leave for Civil Service and certain Foreign Service employees who are returning from overseas assignments.)

b. A minimum of 10 days of home leave is required for employees whose period of service is between 12 and 24 months at a post experiencing extraordinary circumstances as designated by the Director General. Employees extending their service at such a post to 24 months must take a minimum of 10 days of home leave after 12 months and a minimum of 10 days at the end of 24 months or must forgo home leave at the 12-month point, taking instead not less than 20 days of home leave at the conclusion of the assignment.

c. Exceptions to the minimum number of days of mandatory home leave may be made for the employee based on the needs of the Service or for compelling personal needs. At the request of an employee who has served at a post experiencing extraordinary circumstances, the requirement that he or she take mandatory home leave may be waived or delayed because of personal needs, particularly if taking home leave would negatively affect the employees ability to reconnect with immediate family members. Such exceptions must be approved prior to departure from post by the officials listed below:

3 FAM 3434.3 Maximum

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Forty-five (45) workdays, excluding travel time, is the maximum period of home leave which generally will be approved. A longer period of home leave is justified by circumstances such as:

(1) Need for added recuperation because of service under particularly difficult circumstances;

(2) Exceptional delay of home leave because of program needs;

(3) Serious personal or family problems;

(4) Abbreviated home leave when last authorized; or

(5) Other unusual circumstances warranting home leave in excess of the normal maximum.

b. An exception to the 45 workday maximum may be granted by:

3 FAM 3434.4 Interruption of Home Leave

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Home leave should be taken in one continuous period. However, this period may be interrupted for temporary duty, such as training, community relations programs, consultation, or other circumstances, subject to agency approval. (See 3 FAM 3438, paragraph b, and 3 FAH-1 H-3434. For USAID, also see ADS 480.3.5.6.) The agency's approval for an interruption of home leave will indicate if any travel required in the performance of the temporary duty is authorized.

3 FAM 3434.5 Delayed Home Leave

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Subject to the requirements in 3 FAM 3434.5, paragraph c, the Director of the Office of Career Development and Assignments (HR/CDA) or the Director of the Assignments Division (HR/CDA/AD), under authority delegated by the Director General of the Foreign Service and Director of Human Resources, may authorize delayed home leave for employees eligible for home leave who are transferring between overseas posts:

(1) For USAID: The Chief, OHR/FSP, or other appropriate official under authority delegated by the Director, Office of Human Resources (OHR/OD) may authorize delayed home leave for employees eligible for home leave who are transferring between overseas posts with the concurrence of mission management in the gaining overseas post of assignment;

(2) USAGM: Delayed home leave may be authorized in connection with an assignment abroad;

(3) For Commerce: Delayed home leave may be authorized in connection with an assignment abroad by the Director of the Office of Foreign Service Human Capital; and

(4) For Agriculture: Delayed home leave may be authorized in connection with an assignment abroad.

b. With approval of the appropriate official listed in 3 FAM 3434.2, mandatory home leave may be delayed because of personal needs, particularly if taking it immediately after completion of the time at post would negatively affect an employees ability to reconnect with immediate family members.

c. Delayed home leave must be taken as soon as possible after the employee has completed:

(1) 36 months of continuous service abroad; or

(2) 12 months of service at a post experiencing extraordinary circumstances as designated by the Director General, except for employees who extend their period of service beyond 12 months at such posts; these employees must take the delayed home leave as soon as possible after the conclusion of the assignment.

3 FAM 3435 HOME LEAVE IN CONNECTION WITH AN ASSIGNMENT IN THE UNITED STATES

3 FAM 3435.1 Home Leave Before Next Assignment

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. If an employees next assignment is in the United States (or a U.S. Commonwealth or possession) and the employee has completed 3 years of continuous service abroad, the employee must take home leave before reporting for duty. (NOTE: See 3 FAM 3464.3 for regulations on transition leave for Civil Service and certain Foreign Service employees who are returning from overseas assignments.)

b. An employee will be granted home leave not to exceed 25 workdays. A longer period may be authorized in accordance with the provisions in 3 FAM 3434.3.

c. Annual or sick leave to the employees credit or LWOP, as appropriate, may be granted in addition to home leave.

d. A minimum of 10 days of home leave is required for employees whose period of service is between 12 and 24 months at a post experiencing extraordinary circumstances as designated by the Director General. Employees extending their service at such a post to 24 months must take a minimum of 10 days of home leave after 12 months and a minimum of 10 days at the end of 24 months or must forgo home leave at the 12-month point, taking instead not less than 20 days of home leave at the conclusion of the assignment.

3 FAM 3435.2 Deferred Home Leave

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. When home leave is authorized and an employee is required to report for duty immediately, the officials designated below may authorize a deferral of the employees home leave. In such instances, the home leave must be taken in one continuous period, except as provided in this subchapter, and must be completed within 6 months following the effective date of the employees assignment to the United States.

b. With approval of the appropriate official listed in 3 FAM 3435.2, mandatory home leave may be deferred because of personal needs, despite 3 FAM 3435.1, paragraph d, particularly if taking it immediately after completion of the time at post would negatively affect an employees ability to reconnect with immediate family members.

3 FAM 3436 ANNUAL LEAVE IN LIEU OF HOME LEAVE AT U.S. GOVERNMENT EXPENSE

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Annual leave may not be substituted at the end of the leave year for periods previously charged to home leave, unless a determination is made that a refund of all home leave is required and the employee must have the home leave charge changed to annual leave (3 FAM 3439, paragraph b).

3 FAM 3437 RESTRICTIONS ON HOME LEAVE

3 FAM 3437.1 Home Leave not Authorized Abroad

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Home leave may be used only in the United States (or in a U.S. Commonwealth or possession if that is the employees home leave residence). However, incidental travel outside the United States, not involving an overnight stay, is acceptable under these regulations.

b. Any leave used en route will be charged to annual leave, sick leave, earned compensatory time, or LWOP, as appropriate.

3 FAM 3437.2 Combining Home and Annual Leave

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

An employee will not be granted home leave in excess of the amount to the employees credit on the date of the employees departure from the post on home leave. However, accrued annual leave or LWOP may be granted in combination with home leave.

3 FAM 3437.3 Unused Home Leave

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Home leave may not be used except during the period for which it has been authorized and for which home leave travel authorizations have been issued.

b. Unused home leave may be added to future accruals and used when the employee again becomes eligible and is authorized home leave travel.

3 FAM 3437.4 Return to Duty Abroad

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Home leave will be granted only when, in accordance with 3 FAM 3431.2, the employee will complete another tour of duty abroad, either immediately or upon completion of an assignment in the United States or in a U.S. Commonwealth or possession. Civil Service employees serving under limited noncareer appointments (LNAs) or other temporary Foreign Service appointments abroad are not eligible for home leave when they return to a domestic position upon completion of the assignment. (See 3 FAM 3464.3 for policies on transition leave for Civil Service employees and certain Foreign Service employees returning from overseas service.)

3 FAM 3437.5 Not Authorized at Separation

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

Unused home leave may not be the basis of any lump-sum payment upon separation.

3 FAM 3437.6 Scheduling Travel

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. The authorizing official should seek to approve trips that are cost effective to the U.S. Government at the time of actual travel. Timing of trips should be arranged to take advantage of:

(1) Other U.S. Government charter or contract flights;

(2) Special excursion rates or seasonal reductions in fares;

(3) Surface transportation where rates are lower than the cost of less than economy air accommodations; or

(4) Other official travel by the employee or employee's family members.

b. Travel to a location in the United States other than the home leave address is permitted on a cost-construct basis using travel to the home leave address of record as the basis for the allowable travel expenses.

c. Employees are granted transit time in conjunction with home leave travel. See 3 FAM 3463.2.

3 FAM 3438 CHARGING HOME LEAVE

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Home leave will be charged for all days on which an employee would otherwise work in the basic 40-hour workweek, including any local holidays which occur at the post of assignment while the employee is in the United States or a U.S. Commonwealth or possession. The minimum charge is 1 day and additional charges are in multiples of 1 day.

b. Home leave will not be charged for any day in which an employee spends authorized time in community relations and public affairs activities such as speeches and participation in university seminars and media events. Time spent in such activities, when approved in advance by the foreign affairs agency, is considered performance of duty.

3 FAM 3439 FAILURE TO RETURN TO SERVICE ABROAD

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. An employee must be indebted for the home leave used if he or she:

(1) Following the return from home leave taken mid-tour or in conjunction with a follow-on overseas assignment, fails to complete 1 year of the current or new assignment; or

(2) Upon returning from service abroad to a domestic assignment, fails to complete at least 6 months of service with the employing agency in the United States or a U.S. Commonwealth or possession.

b. When a determination is made that a refund of all home leave is required, the employee must repay the transportation costs connected with the home leave and must have the home leave charge changed to annual leave. If a partial refund of home leave is required, that portion is charged to annual leave, and there is no requirement to repay the transportation costs, provided that the minimum time requirements for home leave are met (refer to 5 CFR 630.606, paragraph (e)).

3 FAM 3439.1 Exceptions

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

No refund of home leave indebtedness is required:

(1) When the employing agency determines that the employees failure to return to duty and to serve 1 year of the tour abroad or serve 6 months of a domestic assignment was because of compelling personal reasons warranting a humanitarian or compassionate exception to the refund requirement. Such exceptions may involve physical or mental health or circumstances over which the employee had no control; or

(2) When the employing agency determines that it is in the public interest not to return the employee to an assignment abroad.

3 FAM 3439.2 Involuntary Separation While on Home Leave

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

If an employee is on home leave and a determination is made that he or she must not be retained in the Foreign Service, the appropriate human resources office must immediately notify the employee of such determination. The notification will be sent by certified or registered mail and a return receipt will be requested. The employee will be carried on home leave through the close of business on the day on which the employee receives the notice. In such instances, the employee will not be required to refund his or her salary and no charge will be made to the employees annual leave for the period of home leave already taken.

3 FAM 3439.3 Home Leave Address of Record

(CT:PER-924; 09-21-2018)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. The home leave address of record is indicated on Form OF-126, Foreign Service Residence and Dependency Report, which serves as the basis for determining the destination of employees and family members in connection with home leave travel at U.S. Government expense. Therefore, it is important that a current and accurate report be on file in the employing agency at all times. (See 3 FAH-1 H-3435, Home Leave Address of Record.)

b. Requests to change the home leave address must be submitted to and approved by the following individuals or offices:

 

UNCLASSIFIED (U)