3 FAM 7430
ANNUAL AND SICK LEAVE
(CT:PER-926; 09-27-2018)
(Office of Origin: HR/OE)
3 FAM 7431 AUTHORITY
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Section 408 of the Foreign Service Act of 1980, provides
that annual and sick leave and other leaves of absence with pay for locally
employed staff may be in accord with prevailing law and employment practices in
the locality of employment, notwithstanding statutory limitations contained in
title 5 of the United States Code.
3 FAM 7432 POLICY
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. The heads of overseas establishments are responsible
for adopting joint interagency leave practices within a country or locality.
b. Effective immediately, and no later than January 8,
1995, overseas establishments must adopt locally prevailing leave benefits in
lieu of any benefits patterned after the provisions of the Annual and Sick
Leave Act of 1951 (5 U.S.C. 6301 through 5 U.S.C. 6311), except as provided
herein. Upon concurrence by all affected Foreign Affairs agencies, the
Director General may establish an effective date later than January 8, 1995,
for implementation of locally prevailing leave benefits. Although there may be
employees who are subject to a U.S. Government style leave plan, new hires and
those employees covered under local social security must participate in the
local leave plan.
c. Overseas establishments may not combine one or
several features of the U.S. leave system together with features of the locally
prevailing leave system into a post leave plan.
d. Upon adoption of a new local leave plan, mission
management must notify each locally employed staff member of details of the new
leave plan as soon as feasible after Washington headquarters approval (HR/OE)
has been received. Instructions regarding grandfathering of any category of
employee under previously approved leave systems will be provided in accordance
with section 3
FAM 7433.
3 FAM 7433 POLICY IMPLEMENTATION
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Concurrent with approval of a post local leave plan, HR/OE
will provide instructions for conversion to the new plan and coordination with
local social security.
3 FAM 7434 PREPARATION, SUBMISSION,
AND APPROVAL OF A LOCALLY PREVAILING LEAVE PLAN
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. When a post is considering adoption of the locally
prevailing leave system, the chief of mission should direct an interagency
review at post of local leave practices, clearly identifying those required by
local law. All the organizations included in the last full scale salary and
benefits survey should be included in the study of prevailing leave practices. (See
3 FAH-2 H-300 for
specific procedures.)
b. Based on data submitted in accordance with 3 FAH-2 H-300, HR/OE
will provide a draft plan. Post, in coordination with all agencies, should
review the plan in light of post needs, constraints, and discretion it wishes
to exercise.
c. Washington (HR/OE) approval is required prior to
implementation of a locally prevailing leave plan. Copies of the plan and
attached materials should be submitted in accordance with 3 FAH-2 H-300. HR/OE
will coordinate the review of the proposed plan and related material and advise
the mission of its decision.
3 FAM 7435 ANNUAL AND SICK LEAVE
ACCRUAL
3 FAM 7435.1 Annual Leave
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. For employees under an approved local leave plan,
accrual, credit, and carryover of annual leave is in accordance with posts
authorized leave plan.
b. For guidance on accrual of annual leave under a U.S.
Government style leave plan with 40 hours basic work week, refer to 3 FAM 3410 and 3 FAH-1 H-3410.
c. For employees whose workweeks are other than the
officially established basic workweek (see 3 FAM 7412),
the accrual rate shall be increased or decreased in proportion to the number of
hours in excess of or less than the basic workweek.
3 FAM 7435.2 Sick Leave
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. For employees under an approved local leave plan,
accrual credit, and carryover of sick leave is in accordance with posts
authorized leave plan.
b. For guidance on accrual of sick leave under a U.S.
Government style leave plan refer to 3 FAM 3420 and 3 FAH-1 H-3420.
c. For employees with a workweek other than that
established under 3
FAM 7412, accrual rate shall be prorated in proportion to the number of
hours in the basic workweek. Fractions of hours will be rounded to the next
higher whole hour.
3 FAM 7435.3 Crediting of
Part-Time Accruals
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
To accrue leave, a part-time employee (3 FAM 7412.1)
must serve under an established tour of duty for each of the 2 administrative
workweeks in each biweekly pay period. No leave accrual credit is given for
fractional parts of biweekly pay periods either when an employee enters on duty
or separates. A part-time employee who completes a full biweekly pay period
may carry over from 1 pay period to the next those hours of service in a pay
status which do not equal the number necessary for a minimum leave credit (1
hour) until sufficient service is rendered to earn 1 hours credit. If the
employee changes to full-time status and has insufficient credit to earn the
minimum of 1 hour, the fractional hours of service are lost.
3 FAM 7435.4 Charging Leave
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Leave used is charged on the same proportion as earned. For
example, while an employee with a 40-hour workweek is charged 40 hours for a
weeks absence, an employee with a 72-hour workweek is charged 72 hours for a
weeks absence.
3 FAM 7435.5 Adjustment of Leave
balance Upon Change in Full-Time Employee's Workweek
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
Annual and sick leave balances are not adjusted when the
number of hours in a full-time employees workweek is changed. However,
accrual rates are adjusted as described in 3 FAM 3420 and 3 FAH-1 H-3400.
3 FAM 7436 RESTORATION OF ANNUAL LEAVE
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. For employees under either a U.S. Government style
or local leave plan, annual leave which has previously been scheduled in
writing and subsequently is canceled by the employees supervisor due to work
requirements at post and which, otherwise, is subject to forfeiture, may be
restored to the employees account at the beginning of the next leave year for
use during that leave year. Restoration of canceled annual leave must be
approved, in writing by, the employees supervisor and by an appropriate U.S.
officer, and reported to the timekeeper. Documentation regarding restoration
should be forwarded to the servicing RAMC.
b. Annual leave restored under this provision must be
scheduled and used by the end of the leave year in which restored. It may not
be carried forward from year to year.
3 FAM 7437 LUMP-SUM LEAVE PAYMENTS
(CT:PER-926; 09-27-2018)
(Uniform State/USAID/USAGM/Commerce/Agriculture)
(Applies to Locally Employed Staff Only)
a. Locally employed staff covered by the posts leave
plan established in accordance with 3 FAM 7434 may
receive compensation for unused leave in accordance with the published
provisions of that plan. In the absence of a provision in the posts leave
plan for lump-sum annual leave payment upon separation, no such payment may be
made.
b. Lump-sum payment for unused annual leave accrued
under U.S. Government style leave plan is limited to 240 hours for employees
with a 40-hour workweek. That limit is adjusted up or down based on the number
of hours in the employees workweek (e.g., 288 hours for an employee on a 48
hour workweek). This limit is exclusive of leave restored under the provisions
of 3 FAM 7436.
Payment for leave in excess of 240 hours (plus restored leave, if any) may be
authorized only if post has an approved leave policy based on local practice
which permits such payment. Such policy must be approved in advance by HR/OE.
c. There is no basis in U.S. law for payment for
unused sick leave. Payment should only be made if required by local labor law
and included in the post local compensation plan.
d. The remarks section of the Notification of Personnel
Action which documents any separation of a locally employed staff member should
specify:
(1) The number of hours of unused annual and unused
sick leave accrued by the locally employed
staff member at the time of separation;
(2) The total number of hours for which a lump-sum
payment is authorized, if applicable; and
(3) The annual salary rate (in local currency with
U.S. dollar equivalent) paid at the time of separation.
e. Post should recover any money (including value of
property) which a locally employed staff member owes to the U.S. Government at
the time of separation. Such sums may be deducted from employees final salary
payment. See also 4 FAM and 3 FAM 3333.3.
3 FAM 7438 and 7439 UNASSIGNED