Local Employment Policy Handbook - ICASS

FOREIGN NATIONAL/LE STAFF DIRECT HIRES
A current Foreign National/LE Staff employee hired under a direct hire appointment stays under a direct
hire appointment until the individual permanently leaves USG service by resignation, retirement, or other
separation action.
Once the individual hired under a direct hire appointment permanently leaves USG service, HR recruits
the vacant position and then staffs it using the Local Employment Policy (LEP). This means that HR
uses a:
A. Family Member Appointment or Temporary Appointment for an Appointment Eligible Family
Member (if selected for a State Position);
or
B. PSA for anyone else (for State and participating agencies).
HR then completes the Local Employment Compensation Worksheet to determine the appropriate
residency and compensation plan.
Direct Hire Interagency Transfers via Recruitment and Selection
If a Foreign National/LE Staff direct hire employee applies and is selected for another position at the
Mission, the employee must remain under a direct hire appointment. So HR must establish and use a
direct hire appointment for the new position the employee is going to encumber.
HR should caution, but not discourage a current direct hire employee about applying for positions with
other agencies at the Mission because:
A. The gaining agency must provide the appropriate direct hire appointment and FTE; and
B. The terms and conditions of employment may change under the new agency.
HR and the agency’s US headquarters resolve all issues, including the employment mechanism and
compensation, before moving the employee from one agency to another. This is done before HR
officially offers the individual the position. HR completes all paperwork moving the individual from one
agency to another with no break in service.
Certifying Authority
Agency HR must hire a Foreign National/LE Staff employee requiring Certifying Authority under a direct
hire appointment. At the time of authorization, the State regional or functional bureau, or agency’s US
Headquarters, gives the direct hire appointment and FTE to the Mission.
HR may also need to follow the appropriate NSDD-38 process to increase the agency’s official staffing
level at post.