Local Employment Policy Handbook - ICASS

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CLO, “FAUX CLO,” AND ADMINISTRATIVE ASSISTANT (COMMUNITY OUTREACH) POSITIONS CLO HR staffs the CLO position with an AEFM under a Family Member Appointment (FMA) or Temporary Appointment as defined in 3 FAM 8000. Faux CLO FLO is aware that some Missions don’t always have AEFMs available in the community to apply for the CLO position. In response, FLO created a fixed-term staffing alternative to employ a non-US citizen spouse or an Ordinarily Resident as an Administrative Assistant (or “Faux CLO”) in the CLO office in instances when there are no US Citizen EFM applicants at post. FLO generally approves FAUX CLO positions for six months. (Extensions are possible.) PSA is the employment mechanism. Compensation is under the American FP-plan for a Not Ordinarily Resident (NOR), or the <strong>Local</strong> Compensation Plan for an Ordinarily Resident (OR). (See 01 State 34431 of February 26, 2001.) Administrative Assistant (Community Outreach) For unaccompanied Missions, FLO established the Administrative Assistant (Community Outreach) position. HR staffs this position with an Ordinarily Resident under a PSA. Compensation is under the <strong>Local</strong> Compensation Plan. (See 06 State 13433 of January 6, 2006 for additional guidance.)
FIXED-TERM POSITIONS A supervisor may need to establish a position for a specific amount of time to meet fixed-term (temporary) operational needs. The position is called a fixed-term position. A fixed-term position may have a full-time (40 hours/week), part-time (16-32 hours/week), or When Actually Employed (WAE) work schedule. HR uses a PSA-Fixed Term to staff fixed-term positions. This means HR uses either the Model PSA for Ordinarily Residents or the Model PSA for Not Ordinarily Residents (depending upon whom the supervisor selects) and makes the appropriate changes to paragraph 4. The Model PSAs are in the Appendices section of this policy guidebook. Examples of how HR changes paragraph 4 of the Model PSA are included later on in this topic. Examples of fixed-term positions include, but are not limited to a: A. A 40 hours per week Admin Clerk position needed for three months in the CLO office for organizing and retiring the CLO files. B. A 16 hours per week Visa Assistant position needed for one year to handle an expected large increase in IV and NIV applicants. C. A position established and staffed for a fixed period of time to cover a current employee’s maternity or paternity leave. Often the supervisor selects an Ordinarily Resident (OR) for a fixed-term position. Therefore, before establishing the fixed-term position, HR must look at local labor law to find out the maximum length of time an OR may encumber a position that allows HR to legally terminate the employee without cause at the end of the employment. HR must also check local labor law to see what, if any, severance and other benefits are due an OR employee in a fixed-term position once separated without cause (without a reason). The length of time HR may staff a fixed-term position with an Ordinarily Resident and legally terminate the individual without cause will obviously vary from Mission to Mission. In some countries, local labor law may not allow staffing any fixed-term positions with ORs because, for example, the individual becomes a permanent employee of the Mission after 30 calendar days. Mission management then needs to staff the position with a Not Ordinarily Resident (NOR), or explore other legal options. Often, fixed-term employment for an Ordinarily Resident is allowed under local labor law if: A. HR advertises the position as fixed-term; or B. HR tells the candidate in writing in the formal offer of employment that the position is fixed-term; or C. HR advertises the position as fixed-term and tells the candidate in writing. Therefore, HR always includes the “Length of Hire” header in the Model Vacancy Announcement header when advertising fixed-term positions. Example 1: LENGTH OF HIRE: Fixed-Term: Not to exceed 2 years from the
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LOCAL EMPLOYMENT POLICY (LEP) GUIDE
Page 3 and 4:
TOPIC PAGE Signing the Original PSA
Page 5 and 6:
Family Member Appointment (FMA) 57
Page 7 and 8:
--Armed Services --Competitive or N
Page 9 and 10:
LOCAL EMPLOYMENT POLICY (LEP) APPEN
Page 11 and 12: B. Make decisions involving governm
Page 13 and 14: COVERAGE The Department of State an
Page 15 and 16: USE OF STATE’S PSA AUTHORITY ON B
Page 17 and 18: Individuals HR May Not Convert to a
Page 19 and 20: E. Employ other Not Ordinarily Resi
Page 21 and 22: The LEP allows the Mission to maxim
Page 23 and 24: Before terminating any Ordinarily R
Page 25 and 26: (USPSC, 3 FAM 8100) up to the five-
Page 27 and 28: US Legal Permanent Residents, or Gr
Page 29 and 30: SIGNING THE ORIGINAL PSA The State
Page 31 and 32: JF-62A PSA RENEWAL MASS ACTION TELE
Page 33 and 34: LOCAL EMPLOYMENT POLICY COMPENSATIO
Page 35 and 36: LOCAL EMPLOYMENT DECISION TREE Appl
Page 37 and 38: 5. Foreign National: A citizen of t
Page 39 and 40: Probationary Period An AEFM hired u
Page 41 and 42: NON-US CITIZEN ELIGIBLE FAMILY MEMB
Page 43 and 44: Non-US Citizen EFMs do not receive
Page 45 and 46: HR may also authorize a within-grad
Page 47 and 48: MEMBERS OF HOUSEHOLD (MOH) Refs: A.
Page 49 and 50: FOREIGN NATIONAL/LE STAFF DIRECT HI
Page 51 and 52: THIRD COUNTRY NATIONALS (TCNs) Ref:
Page 53 and 54: MARINE SECURITY GUARDS (MSGS) Ref:
Page 55 and 56: CAJE POSITION EVALUATION As the fir
Page 57 and 58: FSN TO FP GRADE EQUIVALENCY CHART F
Page 59 and 60: FAMILY MEMBER APPOINTMENT (FMA) Ref
Page 61: MILITARY RETIREES AND STATE’S FAM
Page 65 and 66: If any changes are needed to the cu
Page 67 and 68: Who HR May Hire Under a PSA-Ltd For
Page 69 and 70: Laborer Mail/File Clerk Mechanic (T
Page 71 and 72: D. Employee works under the terms o
Page 73 and 74: RESIDENCY STATUS AND DETERMINING CO
Page 75 and 76: US Citizen family members of contra
Page 77 and 78: B. NOR and compensated under an Ame
Page 79 and 80: 3. Personal Relationships Establish
Page 81 and 82: COMPENSATION See 3 FAM 7300 Compens
Page 83 and 84: Leave Without Pay (LWOP) for Not Or
Page 85 and 86: EXCEPTION RATE RANGE (ERR) See 3 FA
Page 87 and 88: US DOLLAR SALARY PAYMENTS AND ALLOT
Page 89 and 90: Not Ordinarily Residents (NORs) Com
Page 91 and 92: WHEN ACTUALLY EMPLOYED (WAE) WORK S
Page 93 and 94: DETERMINING THE GRADE AND STEP FOR
Page 95 and 96: DETERMINING THE GRADE AND STEP FOR
Page 97 and 98: 2. Superior Qualifications Rate (SQ
Page 99 and 100: --Job Application/Resume. Each job
Page 101 and 102: --Professional certifications and l
Page 103 and 104: The FME Coordinator may authorize H
Page 105 and 106: PFR at the highest step (even thoug
Page 107 and 108: CIVIL SERVICE RETIREMENT (CSR) LE S
Page 109 and 110: Advising NORs and Members of Househ
Page 111 and 112: PRIVACY ACT OF 1974 Forms and docum
Page 113 and 114:
Supervisors experiencing performanc
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5. To avoid nepotism employment reg
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SUPERVISION An LE Staff employee hi
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WORK PERMIT, WORK VISA, OR RESIDENC
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APPENDICES
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7. Promotions. In accordance with 3
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APPENDIX 2 MODEL PERSONAL SERVICES
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16. Taxes FICA contributions, US Fe
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APPENDIX 4 MODEL MEMORANDUM OF AGRE
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(7) Instructions from the agency’
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APPENDIX 5 REFERENCES The Local Emp
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135 May 2008
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Local Employment Policy Handbook - ICASS

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