@StateDept Updates Regulations to Include New Compensation For Certain Injuries #MysteryIllness #TheThing

 

On May 28, 2020, the State Department updated the Foreign Affairs Manual to include Compensation for Certain Injuries for State, USAID, USAGM, Commerce, Foreign Service Corps-USDA Foreign Service and Civil Service Employees who becomes injured “by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country as designated by the Secretary of State under 3 FAM 3666.”

3 FAM 3660 COMPENSATION FOR CERTAIN INJURIES
(CT:PER-994;   05-28-2020)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Pursuant to Public Law 116-94, Division J, Title IX, section 901, Congress allows the Secretary of State to pay benefits to certain Department of State personnel under chief of mission authority who incurred a qualifying injury and are receiving benefits under section 8105 or 8106 of Title 5, United States Code.  It further authorizes the Secretary of State to pay for the costs of diagnosing and treating a qualifying injury of a covered employee, as defined in 3 FAM 3662, that are not otherwise covered by chapter 81 of Title 5, United States Code (the Federal Employees Compensation Act (FECA)) or other provision of Federal law; and to pay the costs of diagnosing and treating a qualifying injury of a covered individual or covered dependent, as defined in 3 FAM 3662, that are not otherwise covered by Federal law.

b. The Bureau of Global Talent Management (GTM) administers this program.

c.  Under this program, covered employees, as defined in 3 FAM 3662, may qualify for a monthly monetary benefit if they are receiving benefits under section 8105 or 8106 of Title 5, United States Code.

d. Under this program, a covered employee, covered individual, or covered dependent, as defined below, may qualify for reimbursement for the costs of diagnosing and treating a qualifying injury which are not otherwise covered.

e. Payments made under this provision are not considered workers’ compensation payments.

[…]

Covered employee:  An employee of the Department of State who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country as designated by the Secretary of State under 3 FAM 3666.

(1)  For purposes of 3 FAM 3663, the following career-type employees are considered “employees of the Department of State” to whom this benefit may apply:  Department of State Foreign Service Officers, Department of State Foreign Service Specialists, and career Department of State Civil Service employees working overseas on detail or a Limited Non-Career Appointment (LNA).

Note that per FAM: The following are NOT considered “employees of the Department of State” for purposes of 3 FAM 3663:  retired employees and employees of other agencies; employees on limited appointments including LNAs (except as discussed above), Family Member Appointments (FMA), Foreign Service Family Reserve Corps (FSFRC), Expanded Professional Associates Program (EPAP), and Consular Affairs – Appointment Eligible Family Member (CA-AEFM) Adjudicator positions. Employees hired on a Personal Services Agreement (PSA) or Personal Services Contract (PSC) are also not employees under this section.     

 (2)  For purposes of 3 FAM 3664, the following employees are considered “employees of the Department of State” to whom this benefit may apply: Department of State Foreign Service Officers; Department of State Foreign Service Specialists; Department of State Civil Service employees; employees on Limited Non-Career Appointments (LNA), Family Member Appointments (FMA), Foreign Service Family Reserve Corps (FSFRC), Expanded Professional Associates Program (EPAP), and Consular Affairs – Appointment Eligible Family Member (CA-AEFM) Adjudicator positions.

Note that the following are not considered “employees of the Department of State” for purposes of 3 FAM 3664:  employees hired on a Personal Services Agreement (PSA) or Personal Services Contract (PSC); retired employees, and employees of other agencies.

Covered individual:  An individual who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and is

(1)  detailed to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State under 3 FAM 3666; or

(2)  affiliated with the Department of State, as determined by the Secretary of State.

(3)  Per Memorandum signed 24 April 2020, the Under Secretary for Management has determined that other agency employees under chief of mission authority are “affiliated with the Department of State.”

Covered dependent:  A family member of a Federal employee who, on or after January 1, 2016,

(1)  accompanies the employee to an assigned duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State under 3 FAM 3666; and

(2)  becomes injured by reason of a qualifying injury.

Family member:  An individual who is an “Eligible Family Member” as defined in 14 FAM 511.3.

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You ask, what is it like to be Black in America? A former @StateDept employee tells her story

Note: We’ve corrected the posts where she served. 

The following is a personal account of a former State Department employee who worked at the U.S. Consulate General in Ciudad Juarez in Mexico. Tianna S.  joined the State Department in April 2018. She was posted at the U.S. Consulate General in Ciudad Juarez, Mexico (Oct. 2018- March 2019) and then at the U.S. Embassy Mexico City (March 2019- October 2019). She departed post in October 2019, she was 27 years old.  Her departure from the State Department was apparently called an “involuntary separation.” 
Her account said she “was encouraged not to speak to the press about what I experienced and to steer clear of any lawsuit as it had the potential for serious repercussions against my government career.” 
Who provided that encouragement?
Which officials at the State Department or post were aware about these incidents? When she was placed on involuntary separation, did the Bureau of Global Talent Management (State/M/GTM) and DGHR Carol Perez care what precipitated it?
If not, why not?
If yes, what did State’s top talent officer do besides sign off Tianna’s separation documents?
Via What’s Up With Tianna (excerpted with permission). Read the entire piece hereWhat do I want from white people? (An illustration on Being Black in America).
Her piece started with the death of George Floyd:

Your heart will pound heavily as George repeats “I can’t breathe.”

He will die face down in the middle of the street. You will watch another unarmed Black man die on camera, in cold flesh, at the hands of a white police officer. When the video finally ends, a feeling deep in your soul will tell you that the white police officer will not go to jail. Before you press play, ask yourself, how many more?

At one point in her account, she writes,  “You ask, what is it like to be Black in America?” Then she tells us:

I drove my vehicle from my house in Mexico across the United States land border into El Paso, Texas at 2:30PM on Saturday, January 19, 2019. A United States Customs and Border Protection (CBP) official flagged me into secondary inspection, for what marked the 17th instance of further inspection since I arrived in Mexico on October 26, 2018. The official inquired if I was a U.S. citizen, motive of travel in the United States, reason of visit in Mexico, and if the car I was driving was stolen. I sat on a cold bench and endured further questioning. I showed my Diplomatic Passport, stating I worked at the U.S. Consulate General in Ciudad Juarez, and lived there.

“Sure you do,” he laughed.

He probed, asking more questions. A new official appeared and searched my car, tossing around the contents in my backseat and glove compartment. He took his left hand and rubbed it up and down my car windows.

“I’m going to meet my friend in El Paso,” I stated.

“When you talk to a man, you look at the ground. Do you understand me?” He glared at me, face full of disgust. The officers laughed. My shoulders tense.

May I speak to your manager please?” I asked.

The on-duty manager approached, crossing his arms, and asked, “what do you want?” I told him about my negative interaction with the previous officers. The manager laughed and asked the motive of travel into the U.S. I told him I was going to meet a friend for coffee and was asked why I needed to come to the U.S. to partake in that activity.

“I’m a U.S. citizen,” I reiterated.

When I told the manager that I worked for the U.S. Consulate General as a Foreign Service Consular Officer, he laughed, rolled his eyes, and said, “right.” Again, I presented my Diplomatic Passport, U.S. Passport, Mexican Carnet, and Global Entry Card. He laughed again and told me he did not need to look at my identification stating, “it could be counterfeit for all I know.”

Blood pumping. Small and humiliated. The manager never looked at my documentation, nor believed anything that I said, even with substantial proof. He went back in his office after obtaining my first and last name. Upon returning, he told me that I had only been pulled over to secondary about eight times so “why are you complaining?” I was bewildered and still am. I requested his name, only to be met with his reply of “I do not have to give you my name.” He later stated “you don’t need my first name.” His name was Officer Kireli.

When I reiterated that his account of the frequency of secondary inspection was incorrect, the manager scoffed, his team standing behind him almost mocking me.

Just because you say you work at the Consulate, does not mean that you are not smuggling drugs into the country,” he said. Extremely frustrated and irritated, I asked how in the world I would be able to get top secret security clearance to work for the United States Government.

The manager then told me, “I do not know, but I do know what drug dealers and smugglers look like.” When I asked him to explain, the manager stepped forward, attempting to intimidate me, crossed his arms, looked at me up and down, and said, “you know what I mean.” I was furious at his insinuation that I was a drug smuggler and his racially charged implication based off of my appearance. I demanded an apology from the manager for the disgusting and unjust defamation of my name and my character.

The CBP manager took another step forward to stand on top of the platform that the bench sits on, positioning him to be a couple inches taller than me. He placed his hand on his gun, finger around the trigger, and told me to get back in my car.

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