3 FAM 7390
DOWNGRADINGS
(CT:PER-926; 09-27-2018)
(Office of Origin: HR/OE)
3 FAM 7391 GENERAL
(CT:PER-926; 09-27-2018)
(State/Agriculture/USAGM/Commerce Applies to LE Staff Only)
(Effective August 14, 2017)
a. Downgrading is a reduction in the grade of the
position encumbered by LE Staff. Downgrading may be voluntary or involuntary.
b. Voluntary Downgrading may occur as a result of:
(1) LE Staff who voluntarily apply and are selected
for a position at a grade lower than they currently encumber; or
(2) LE Staff with documented ineffective performance
who agree to be reassigned to a vacant lower graded position for which they
qualify.
c. Involuntary Downgrading may occur as a result of:
(1) Priority placement;
(2) Position classification audit;
(3) Reorganization;
(4) Reduction-in-force;
(5) Significant changes to an encumbered position
descriptions duties, responsibilities, qualification requirements, etc.,
possibly resulting from a reorganization or because of reassignment of duties; or
(6) Application of new or significantly revised
position classification standards.
3 FAM 7392 VOLUNTARY DOWNGRADINGS
(CT:PER-926; 09-27-2018)
(State/Agriculture/USAGM/Commerce Applies to LE Staff Only)
(Effective August 14, 2017)
a. Requests for Voluntary Downgradings:
(1) Following successful completion of their
probationary period, LE Staff may choose to apply for a lower graded position
in the mission through the normal recruitment process. LE Staff may decide to
apply for a lower graded position for a variety of reasons, such as a more
convenient work location or a desire to change occupational fields. Management
should neither encourage nor discourage LE Staff from applying for positions
that would result in a voluntary downgrade. However, when LE Staff apply for a
position that would result in a voluntary downgrade, selecting officials and
Human Resources Officers should ensure that LE Staff fully understand the
implications of a voluntary downgrading (e.g., salary, benefits, etc.).
(2) As the voluntary downgrade to a lower graded
position may result in a reduction of pay and/or benefits, LE Staff must
request the voluntary downgrade in writing to the HR Officer through the U.S.
direct hire supervisor and the section head, or, in the case of non-Department
of State personnel, the head of the employing agency. The request must
contain a statement that the request is being freely made and not the result of
any coercion.
(3) LE Staff who request a voluntary downgrade are not
entitled to grade retention, saved rate, frozen grade and/or step, or any other
grade, salary, or position title retention. When LE Staff request a voluntary
downgrade and action has been taken to effect same, there is no appeal or
reclassification right associated with the voluntary downgrade.
(4) LE Staff who request a voluntary downgrade will be
placed at the rate (or step) of the lower graded position which most nearly
equals, but is not lower than, their current pay rate; in some instances, this
may result in a small pay increase. If the LE Staffs current pay rate (prior
to the downgrade) exceeds the top rate (or step) for the pay range of the lower
graded position, the LE Staff will be placed at the top rate (or step) of the
pay range for the grade of the lower graded position; in some instances, this
may result in a lower salary or benefit level. If any of these actions are not
consistent with local law, post must follow the procedures set forth in 3 FAM 7394 before
proceeding with the voluntary downgrade.
(5) Time served in grade since the LE Staffs last
Within Range Increase (WRI) before transfer to the lower graded position is
creditable toward satisfying the waiting period established for the WRI at the
lower graded position. However, the WRI waiting period of the new grade and
step will determine the length of the WRI waiting period and eligibility for
any future WRIs.
b. Downgrading for Ineffective Performance: LE Staff
with documented ineffective performance resulting from lack of knowledge,
skills, or abilities, or other non-disciplinary reasons which occurs over a
reasonably continuous period may be voluntarily reassigned to a vacant lower
graded position for which they qualify. LE Staff who do not agree to such a
reassignment may be disciplined/separated from employment as consistent with
local labor law. Standard avenues of performance improvement must be attempted,
documented and have failed before downgrading LE Staff for ineffective
performance (e.g., verbal or written counseling on deficiencies, training,
denial of within range increase, written notification of possibility of
movement to a lower graded position, etc.).
c. LE Staff may not be downgraded for violating
generally acceptable standards of conduct as established at the mission. Improper
conduct and/or disciplinary problems, such as insubordination, abuse of leave,
malfeasance, etc. are addressed under 3 FAM 7720.
3 FAM 7393 INVOLUNTARY DOWNGRADINGS
3 FAM 7393.1 Policy
(CT:PER-926; 09-27-2018)
(State/Agriculture/USAGM/Commerce Applies to LE Staff Only)
(Effective August 14, 2017)
LE Staff who are involuntarily downgraded are entitled to
52 biweekly pay periods of grade retention.
3 FAM 7393.2 Grade Retention
(CT:PER-926; 09-27-2018)
(State/Agriculture/USAGM/Commerce/USAID)
(Applies to LE Staff Only)
(Effective August 14, 2017)
a. During the grade retention period, LE Staff receive
the full amount of any general wage increases and any within-range increases or
Merit Based Compensation (MBC) rewards otherwise due.
b. Grade retention begins at the beginning of the first
pay period following the employment action that caused the involuntary
downgrade. Unless inconsistent with local law, grade retention ends after 52
pay periods or when the LE Staff moves to another position, whichever occurs
first.
c. At the end of 52 pay periods, grade retention ends
and one of the following takes place:
(1) If the LE Staffs salary falls within the salary
range of the lower graded position, the LE Staff is moved to the lowest rate
(or step) of the lower graded position which is not less than the LE Staffs
current salary;
(2) If the LE Staffs salary exceeds the maximum rate
(or step) of the lower graded position, the LE Staffs current salary is placed
in saved rate status and remains unchanged in accordance with 3 FAM 7520
COMPENSATION PLANS.
3 FAM 7393.3 Additional Provisions
for Positions Downgraded by New and Revised Classification Standards
(CT:PER-926; 09-27-2018)
(State/Agriculture/USAGM/Commerce Applies to LE Staff Only)
(Effective August 14, 2017)
Posts may no longer place LE Staff into frozen grade
and/or step status without prior approval from HR/OE.
3 FAM 7394 HOST COUNTRY LAW AND
PREVAILING PRACTICE
(CT:PER-926; 09-27-2018)
(State/Agriculture/USAGM/Commerce Applies to LE Staff Only)
(Effective August 14, 2017)
If any provision of 3 FAM 7390 is
not consistent with local law and/or prevailing practice, prior to taking any
downgrade action, post must submit a request to the Office of Overseas
Employment in the Bureau of Human Resources (HR/OE) for an exception from these
FAM provisions. Such request must include an English language copy of the
applicable local law or information regarding prevailing practice and must
specifically identify the exception(s) needed. HR/OE may authorize an
exception, provided it is in the best interest of the U.S. Government.
3 FAM 7395 THROUGH 7399 UNASSIGNED