EEOC Damages Increased in Two @StateDept Cases

Via The Digest of Equal Employment Opportunity Law | Volume 1Fiscal Year 2019

Commission Increased Award of Compensatory Damages to $50,000. The Commission previously determined that Complainant was discriminated against when the Agency failed to grant him a medical clearance based on its “worldwide availability” requirement. Following a supplemental investigation, the Agency awarded Complainant $5,000 in non-pecuniary compensatory damages noting that Complainant did not provide any medical evidence to support his claim. The Commission increased the award to $50,000 on appeal. Complainant stated that he became despondent, depressed, and reclusive because of the Agency’s discriminatory actions. Complainant experienced sleeplessness, crying spells, weight loss, anger, and humiliation. Complainant’s husband and friends submitted statements supporting his claim. The Commission determined that an award of $50,000 in nonpecuniary compensatory damages was more appropriate given the nature, severity and duration of the distress Complainant experienced as a direct result of the discrimination. Harvey D. v. Dep’t of State, EEOC Appeal No. 0120171079 (Aug. 23, 2018).

Commission Increased Award of Non-Pecuniary Damages to $50,000. The Commission previously found that Complainant was subjected to sexual harassment by her supervisor and ordered the Agency, among other things, to investigate Complainant’s claim for damages. The Agency awarded Complainant $20,000 in non-pecuniary damages, and the Commission increased the award to $50,000 on appeal. The Commission noted that, more likely than not, the sexual harassment was not the only factor that caused Complainant’s depression and anxiety. Complainant’s brother was executed in the Middle East, and Complainant also noted that her co-workers questioned her reputation because of the way she dressed. Nevertheless, the Commission found that the sexual harassment was a significant reason for the ridicule Complainant experienced, as well as her depression, poor self-esteem, irritability, anger, difficulty sleeping, exhaustion, weight gain, and thoughts of suicide. The Commission noted that, seven months after the harassment ceased Complainant was able to form a romantic relationship, and she continued working at the Agency. Considering all of these factors, the Commission concluded that Complainant was entitled to an award of $50,000 in non-pecuniary damages. The Commission concurred with the Agency that Complainant failed to prove her claim for pecuniary damages. Blanca B. v. Dep’t of State, EEOC Appeal No. 0120171031 (Aug. 16, 2018).

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Snapshot: @StateDept Workforce Distribution by Employment Category (February 2019)

Posted:12:52 am EST
Updated: 10:08 pm PST with link to full HR fact sheet

 

Via state.gov:

The Department relies on Locally Employed (LE) staff to support its global mission. LE Staff, which includes contractors overseas, accounts for 58 percent of the workforce. The Department’s American Government workforce, which includes career full-time FS and CS employees as well as temporary employees, constitutes approximately 31 percent of the workforce. The remaining 11 percent is composed of domestic contractors. Over the last few years, the workforce distribution has remained about the same. The State Department indicates that it employs a workforce of over 80,000 employees including contractors. 

 

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@StateDeptSpox: “State is among the most diverse of government agencies …”

TPM reports that the State Department spokesperson argued on Twitter that “The assertion that @StateDept is ‘racist’ is disgusting and false—a brazen attempt to create division for domestic political gain,” an apparent reaction to a letter from House Democrats and a CNN editorial arguing that a senior department official had improperly worked to remove anti-racism rhetoric from a UN document.

Also ICYMI: Former Senior Diplomat Uzra Zeya Blasts @StateDept’s Diversity Slide, and More

Now, Ms. Nauert claimed that “State is among the most diverse of government agencies, employing a workforce from every part of America and every region of the globe.” First, it’s really nice to see that local employees from around the globe are considered employees when necessary but not really when it comes to EEO regulations (see Baloun v. Kerry: U.S. Equal Employment Protection Do Not Cover Foreign Employees of U.S. Embassies). Second, the official word is (since it’s from the spox) that the State Department is among the most diverse of government agencies. Yo, is it? Really, really, really?

CRS report dated May 2018 states that “senior officials at the Department of State, some Members of Congress, and others have long maintained that the demographic makeup of the Foreign Service is not sufficiently representative of the American people with respect to race, gender, socioeconomic background, and regional origin.” That report also notes that Secretary Pompeo has not commented on former Secretary Tillerson’s diversity-related priorities or indicated what diversity-related priorities he may pursue.110

CRS  report R45168 dated August 2018 on State Ops and FY2019 Budget and Appropriations notes the following about diversity at State:

Former Secretary Tillerson prioritized efforts to promote diversity in the Foreign Service.16 Secretary of State Mike Pompeo, who replaced Tillerson in April 2018, has commented that “the State Department’s work force must be diverse … in every sense of the word” and indicated that he will be engaged on diversity matters.17

The Human Resources funding category within D&CP provides funding for the Charles B. Rangel International Affairs and Thomas R. Pickering Foreign Affairs fellowship programs to promote greater diversity in the Foreign Service, as authorized by Section 47 of the Department of State Basic Authorities Act (P.L. 84-885). While Congress required the State Department to expand the number of fellows participating in the Rangel and Pickering programs by 10 apiece pursuant to Section 706 of the Department of State Authorities Act, 2017 (P.L. 114-323), it has provided the department the discretion to fund these programs at levels it deems appropriate from monies appropriated for Human Resources. The House and Senate committee bills would continue to provide such discretion. The House committee report indicates support for department efforts to increase diversity in hiring, including through the Rangel and Pickering programs. It also encourages the Secretary of State to explore more opportunities to further the goal of increasing workforce diversity.18 The Senate committee report recommends the continued expansion of the department’s workforce diversity programs and directs that qualified graduates of the Rangel and Pickering programs shall be inducted into the Foreign Service.19

Take a look at the agency’s diversity stats as of June 30, 2018 below (the original document is available here via state.gov).

Department of State-Diversity Statistics Full-Time Permanent Workforce | As of 06/30/18

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All Promotions Into/Within the Senior Foreign Service Must be Vetted by White House?

Posted: 1:23 am  ET

 

State/HR recently sent a Frequently Asked Questions to newly promoted OCs concerning the differences between being an FS-01, the highest rank in the regular Foreign Service, and as OC, the starter rank in the Senior Foreign Service. The FAQ talks about pay, bidding, EERs, benefits, and of course, promotions. And then there’s this question, and apparent answer:

Q: When are promotions from FS-01 to OC effective?
Answer: Promotion boards issue a list in the fall of officers “recommended” for promotion from FS-01 to OC, OC to MC and MC to CM. However, all promotions into and within the Senior Foreign Service must be vetted by the White House, confirmed by the Senate and attested by the President. This process can take several months. Promotions into and within the SFS are effective the first pay period following Presidential attestation. However, you may start bidding as an OC as soon as the promotion list is released by the board.

Yo! You know this is nuts, right? The White House can barely vet its own staffers, and it will now vet all promotions of FSOs into and within the Senior Foreign Service? With one exception that we are aware of (and we’ll write about that case separately), this WH vetting requirement is new, and yes, we remember the “improved” vetting required by the SFRC back in 2015 (SFRC Bullies Diplomats Up For Promotion to Self-Certify They Have Not Been Convicted of Any Crime).  Is the WH also vetting all senior promotions out of the Pentagon? Who’s going to be doing this and what does this vetting includes? Also whose great idea was this, pray tell?  Will State/HR and A/DGHR soon say that this vetting has always been done by the White House since the beginning of whatevs?

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@StateDept Sends Out Job Offers to Prospective FSOs For March 6 Class But — Will There Be Jobs?

Posted: 3:47 am ET
Updated: 1:03 am ET
Updated: 7:12 pm ET
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The most popular topic in the State Department’s career forum right now is Mgt non-authorization of appointment letter?  Candidates for appointment into the Foreign Service are roiled at the possibility that the next classes for new officers and specialists will be postponed or cancelled after they have already prepared to move to DC.  One commenter writes, “We signed attendance letters and received confirmation that we are in the March class. We signed paperwork with Oakwood for housing.”  Another adds,  “Have resigned from my job and given my apartment notice of our leaving. I also turned down another job offer in December.” Still another candidate writes, “[A]m about to go from a good, full-time job to being unemployed because of this lack of transparency and foresight. For my family’s sake, I’m trying not to show how terrified I am that we will potentially be without income and a roof over our heads.”  And yet another says, “I am not sure how future language and caveats helps those who will soon be unemployed and homeless.”

Last week, we asked the State Department about this issue, requesting some clarity on what is going on regarding the offers that went out, the classes scheduled to start, and whether or not cancellation of classes is a possibility/offers rescinded given the change in administration.

We received a four-word response from State/HR:  “We have no comment.”

We tried DGHR Arnold Chacon on Twitter, but it appears he was deaf to our question on this matter.

As best we could tell, in late November-early December, the State Department sent out appointment offers to Foreign Service applicants who have jumped through the hoops to join the incoming 190th A-100 Generalist Class, due to begin March 6. We understand that similar offers went out for the next Specialist Class due to start in March 20.

For the Generalist/FSO class, the job offer recipients were asked to notify the Registrar’s Office of their response to the job offer, via email, no later than noon, Friday, Dec. 2nd.  They were also asked to provide documentation of their annual base salarysubmission of 90 days’ worth of earnings and leave/salary statements, or a signed letter from your Human Resources Division, on the company’s letterhead, verifying the candidate’s current (base) salary.  Candidates who are current federal employees were asked to provide their most recent personnel action (SF-50), in lieu of 90 days’ worth of earnings and leave statements.   Candidates transferring from a federal agency, were asked to provide the Registrar’s Office with the name, email address and telephone number of their Human Resources Officer, so that their “transfer and a release date can be coordinated without a break in service.”

Recipients of the offers were informed that they need to provide via fax or email an updated resume with eight specific details including address, telephone number, email address, eligible family members and confirmation that this is the address from which you are traveling to attend Generalist training; please include your confirmed address, telephone number and current email address on your resume” to the Registrar’s Office. 
The candidates were reminded that if they are appointed from 50 miles outside of the Washington, D.C. metropolitan area, they are eligible to receive per diem to assist in offsetting living expenses incurred while attending training. They were given the per diem rates from March-September 2017. The letter informed the candidates that during the first week of orientation, they will have an opportunity to apply for a Government Travel Card via Citibank. Also that candidates must submit a travel voucher every 30 calendar days to receive reimbursement for their lodging and meals and incidental expenses (M&IE).   They were informed that lodging receipts are required.  The candidates were further reminded not to purchase their own tickets as they will be issued travel authorizations approximately 30 days prior to the class date.
 

They were provided information about lodging and information on specific needs such as lactation services:

The Department entered into a contract with housing vendors to provide apartments at various locations in the Washington, D.C. area for eligible employees receiving a travel authorization to attend Generalist training at FSI. Participating employees will not be responsible for paying for housing costs which can result in savings of many thousands of dollars over the course of the training period. Participants will still receive the meals and incidental expense portion of the per diem allowance on the sliding scale listed above. We strongly encourage all new employees to take advantage of this program not only because of the cost savings, but because of the convenience of making reservations, free transportation to and from FSI, and to avoid the many legal and contractual pitfalls encountered when finding your own housing. 

 If you are a candidate that will require lactation services during the orientation period, please advise as soon as possible so that arrangements can be made.

They were directed what to do/where to go on their first day of processing: 

Please note that the first day of Generalist In-Processing will be held in the Harry S. Truman (Main State), 2201 C Street, N.W, Washington, D.C. (Loy Henderson Auditorium, 23rd Street entrance only) and the remainder of the Generalist Orientation, will be held at the George Shultz National Foreign Affairs Training Center, 4000 Arlington Boulevard, Arlington, Virginia, Room F-2328.   (Please enter via the 23rd Street entrance only.   Please do not enter via the Department’s 22nd  and C Street, N.W., Washington, D.C., Main Entrance. )

They were informed that the priority of the Registrar’s Office is the processing of the January 9th Generalist Class.   And that their “patience and understanding are greatly appreciated.”

The appointment offer we reviewed includes links and contact info. It does not include a contingency language about not making “lifestyle changes.”  If you receive one of these letters, you probably would also start making arrangements to terminate current employment, leases, etc, in preparation for a new start as an entry level U.S. diplomat in Washington, D.C.

The original forum thread was posted in January 13. After the forum section lit up and multiple inquiries from candidates, HR/REE apparently sent out an email on January 17, as follows:

Dear Candidate:

The Office of Recruitment, Examination and Employment (HR/REE) would like to provide further information concerning your appointment to both the March 6th Generalist and March 20th Specialist hiring classes.

At this time, pending guidance from the incoming administration, the Registrar’s Office is not releasing any official appointment documentation related to the March 2017 hiring classes. This would include the official appointment salary letter and the Enter On-Duty employment forms. Once the Registrar’s Office has received further guidance from Management concerning your appointment, you will be informed immediately.

We recommend that you make no lifestyle changes contingent on employment with the Department until you receive further guidance from us.”

Look, the job offer letters went out after the elections. Unless folks were under a rock, State/HR knew that there will be a new GOP Administration who may have different priorities. In fact, in October 22, 2016, President Trump’s Contract With the American Voters lists “a hiring freeze on all federal employees to reduce federal workforce through attrition (exempting military, public safety, and public health)” as part of his plan.  Perhaps the folks who sent out the job offers made presumptions they shouldn’t have, or perhaps there were transition issues?  The thing is we don’t know because HR and DGHR are both non-responsive to inquiries. It is worth noting, however, that the scheduled  189th Class proceeded as planned on January 17.  If there were doubts, even slim ones about the next training classes, the State Department could have included a contingency language in the job offer letters it sent out; it did not.  Wait, we’ll take that back. Even in the absence of doubts, given that a presidential transition was anticipated after the election, it is malpractice not to include contingency language in these job offers.

We understand that the agency has no control over the priorities or the interest of the incoming administration. However, it has control over how it communicates with its prospective personnel. The State Department demands that its future diplomats demonstrate high qualities of leadership, decisiveness, and communication skills among other things.  And yet, it poorly communicates with its incoming career candidates and refuses to account for its action when politely asked for clarity.

CBS News reported on January 20 that White House chief of staff Reince Priebus sent a memo to federal agencies instructing the bureaucracy to cease issuing new regulations and to enact a federal hiring freeze. We were able to locate the regulatory freeze memo but not the memo on the hiring freeze. Government Executive has now reported about the hiring freeze here. Below is the text of the order freezing federal hiring.  Or see the more readable version here: President Trump Freezes Federal Hiring Regardless of Funding Sources (Read Memo).

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U.S. Consulate General Istanbul: Post On Evacuation Status With a “No Curtailment” Policy?

Posted: 1:49 am ET
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In October 2016, the State Department updated its Travel Warning for Turkey to announce the mandatory departure of family members of employees assigned to the Consulate General in Istanbul. The announcement says that the Department of State made this decision “based on security information indicating extremist groups are continuing aggressive efforts to attack U.S. citizens in areas of Istanbul where they reside or frequent” but adds that “the Consulate General remains open and fully staffed.”

The mandatory evacuation order issued in October meant that family members departed Turkey for temporary housing typically in the Washington, D.C. area without their household effects or personal vehicles. And like all posts on mandatory evacuation, the children had to be pulled out from their schools and temporarily enrolled in local schools in the DC area. We are not sure how many family members were evacuated from post but the last data we’ve seen indicates that USCG Istanbul has approximately 80 direct-hire US employees.

By law, an evacuation cannot last longer than 180 days so after the Under Secretary of State for Management (“M”) approves the evacuation status for post (authorized or ordered), the 180-day clock “begins ticking”. The order can be lifted at any time but if family members are not allowed to return to post, and no reassignment decision has been reached, the post status could change to “unaccompanied”.  For those not in the FS, that means, family members will not be allowed to return to post and incoming employees will no longer be allowed to bring their family members to their diplomatic assignment.

The latest evacuation order for USCG Istanbul could potentially last until April 2017 unless terminated earlier, or could be extended with a new order. Note that a previous evacuation order for US Mission Turkey was terminated in September 2016 and about five weeks later, the current evacuation order was issued. Who would have thought that Istanbul would become more restrictive than say, Beirut, where employees can still bring adult family members to post?

In any case, we understand that US Mission Turkey’s DCM had a meeting recently with the staff to let them know that post and HR/EX had agreed to halt all curtailments. Apparently, employees were told they cannot leave post until they have incoming replacements. But see — if they’re not allowed to send in their requests, or if the jobs of the curtailing employees are not listed anywhere, how will folks know about these job vacancies?  How will incoming replacements come about?  We understand that the hold placed on all curtailments apparently has “no stated expiration.”

We asked the State Department about this “no curtailment” decree specific to USCG Istanbul. Below is the full official response we received:

We cannot comment on the status of individual requests, but we can confirm that it is incorrect that a “no curtailments” policy is in effect in Mission Turkey. The Department adjudicates curtailment requests on a case by case basis, in line with established regulations and procedures. In doing so, we take into account the well-being and the individual circumstances of our employees and their family members, as well as the need to ensure sufficient staffing to undertake the important work of our diplomatic posts.

We should note that we did not inquire about individual curtailments; and our question was specific to Istanbul, and did not include Ankara or Adana. You are welcome to interpret “Mission Turkey” in the most convenient way, of course.

We’ve learned that this is not the first instance of a decree issued on specific posts. In one NEA post, the Front Office reportedly made it known that it “would not accept” curtailment requests until further down the “ordered departure” road.  During the Ebola outbreak in West Africa, the Director General was also reportedly asked to implement a policy that no curtailment requests from those affected posts would be allowed until senior management decided it was “appropriate.”

We can see where the State Department is coming from; it certainly would not like to see mass curtailments from staffers but  — there is no authority in the books that prohibit curtailment requests. And as somebody familiar with the bureau puts it, “HR knows this damn well.”  

Curtailment is the shortening of an employee’s tour of duty from his or her assignment.  It may include the employee’s immediate departure from a bureau or post.  The statutory authority for curtailment is found in the Foreign Service Act of 1980.

In the Foreign Affairs Manual, 3 FAM 2443.1 allows an employee assigned abroad to request curtailment of his or her tour of duty for any reason.  The regs say that the employee should submit a written request for curtailment that explains the reasons for the request to the appropriate assignment panel through his or her counseling and assignment officer. Post management must state its support for or opposition to the employee’s request.  The Foreign Affairs Manual makes clear that a curtailment is an assignment action, not a disciplinary one.

The FAM provides any employee the right to request a curtailment for any reason at any time, regardless of where the employees are serving.  It’s been pointed out to us that this does not/not mean that the assignment panel will approve the request. We understand that the panel’s decision typically depends on the argument made by the CDO (Career Development Office) at panel and whether ECS (Employee Consultation Service) strongly supports the “compassionate curtailment.”

A source familiar with the workings of the bureau observed that if post is refusing to send out the curtailment request via cable, the employee needs to connect with his/her CDO and go the DGDirect route. If necessary, employees can also go to AFSA, as there are precedence for this in prior attempts to declare no curtailment decrees at other posts under “ordered departure” or where there were outbreaks of diseases (Ebola, Zika).

Note that 3 FAM 2446 provides the Director General of the Foreign Service the authority to propose curtailment from any assignment sua sponteAccording to the FAM, the Director General may overrule the assignment panel decision to curtail or not to curtail if the Director General determines that to do so is in the best interests of the Foreign Service or the post.

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State Department Seeks Diplomatic Security Special Agents (DSSA) — Job Closes Thursday, 12/15

Posted: 6:02 pm PT
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The Department of State is developing a rank-order list of eligible hires for a number of Special Agent (SA) vacancies. The announcement does not indicate how many vacancies are open only that the specific number to be hired will be based on the needs of the Department and is subject to change.

Diplomatic Security Special Agents (SA) manage a range of security programs worldwide. SAs live and serve at U.S. diplomatic or consular posts abroad, as well as in the Washington, DC area or at field offices in such cities as Boston, Chicago, Houston, Los Angeles, Miami, New York, or San Francisco, according to the needs of the service. As members of a diplomatic team, Special Agents not only help to accomplish the mission of the Department of State, but also represent the United States to people of other nations. The Foreign Service is more than a job – it is a career.

Special Agents normally will be assigned to one of eight domestic Field Offices for their first three years of service (including training), or possibly to a smaller Resident Agent Office. There may, however, be occasions when new SAs will be assigned to other domestic units, support temporary duty assignments, or sent directly overseas. Needs of the service will have a significant bearing on DS SA assignments; sometimes require that domestic assignments be shortened for re-assignment to a Regional Security Office at an overseas post.

Announcement No: SA-2017-0001
Position Title: Diplomatic Security: Foreign Service Special Agent
Open Period: 12/08/2016 – 12/15/2016
Series/Grade: FP-1811-06
Salary: $43,226 – $58,092
Promotion Potential: MC
Position Information: Work Schedule is Full-time – Permanent after being tenured in the Foreign Service by a Foreign Service Tenure Board.
Supervisory Status: Yes
Duty Locations: MANY vacancies – Washington DC

Read more here: https://careers.state.gov/work/opportunities/vacancy-announcements/sa and here: https://www.usajobs.gov/GetJob/ViewDetails/458476800

ds-recruit

 

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Burn Bag: A confidentiality agreement so others don’t find out how f’d up is the system?

Via Burn Bag:

“How is it that — as promotion panels go back for at least the last several EERs normally and in that period someone gets several awards, and gets specifically recommended for promotion every year by their rater and reviewer — they can be low ranked?? And then the injured party grieves and wins immediately but is required to sign a confidentiality agreement so others don’t find out how f’d up the system is … and how often this sort of thing occurs by promotion panels composed of member(s) who should recuse themselves when reviewing the files of someone they don’t like.”

via reactiongifs.com

via reactiongifs.com

 

*EER – Employee Evaluation Report
*MHAs – Meritorious Honor Award
*IRM -Information Resource Management

 

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Oh Damn and Blast! @StateDept’s Administrative Leave Data Is One Hot Mess

Posted: 3:32 am ET
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According to State/OIG, administrative leave is granted to employees as an authorized absence from duty without loss of pay or use of leave for various reasons unrelated to employee conduct, such as blood donations and weather-related closures. It may also be granted to employees who are under investigation for misconduct.  Senator Charles Grassley asked State/OIG for a description of the State Department’s administrative leave policies and the controls in place to prevent extensive use of administrative leave. On October 3, State/OIG posted online its report, Department of State Has Administrative Leave Policies but Lacks Complete and Accurate Data on the Use of Leave.

In response to the congressional request, the Office of Inspector General (OIG) evaluated the use of administrative leave at the Department of State (Department). The objectives of the evaluation were (1) to describe the Department’s administrative leave policies and (2) to determine the amount of administrative leave Department employees used from January 2011 to January 2015 and the circumstances surrounding the use of such leave.

State/OIG obtained data on administrative leave granted to Department employees from 2011 through 2015 from the Bureau of Human Resources (HR). For several of these employees, OIG also reviewed select records from the Time and Attendance Telecommunications Line (TATEL) system, the Department’s time and attendance tracking system.

Excerpt from OIG report:

  • At the Department of State, administrative leave can be authorized in 26 circumstances not related to conduct. Employees under investigation for misconduct may also be placed on administrative leave if their continued presence in the workplace may pose a threat to the employee or to others, may result in loss of or damage to government property, or may otherwise jeopardize legitimate government interests. Conduct- related administrative leave over 16 hours may only be granted by the Deputy Assistant Secretary of Human Resources.
  • OIG intended to determine the amount of administrative leave used by Department employees from January 2011 to January 2015 and the circumstances surrounding the use of such leave. However, the Department did not provide OIG with sufficient data to make these determinations. Consequently, OIG is unable to make any assessments about the Department’s use of administrative leave. OIG identified two key deficiencies in the data the Department provided: (1) the Department lacks a centralized source of information regarding the justification for why administrative leave is granted and (2) HR data on the hours of administrative leave used conflicts with data from individual employing offices.

Administrative Leave Not Related to Conduct: 26 Circumstances

  • There are 26 circumstances not related to conduct where administrative leave can be authorized. These circumstances include Federal holidays, voting, hazardous weather conditions, packing.unpacking, blood/organ donation, funerals, time zone dislocation adjustment period to name a few and several miscellaneous reasons like group dismissals for a reasonable period due to extreme climatic conditions; civil disturbance; transportation failure; breakdown of heating/cooling systems; natural disaster, etc.; jury duty; and absence due to an injury incurred while serving abroad and resulting from war, insurgency, mob violence or hostile action.  The amount of time authorized by the FAM and the FAH for administrative leave in these circumstances varies from one hour to one year.
State/HR’s Unreliable Data
  • In response to OIG’s request for information on administrative leave granted to Department employees, HR provided a report created by CGFS using TATEL data transferred to the payroll system. According to this data, the Department recorded 8.36 million hours of administrative leave for 33,205 employees from January 2011 to January 2015; however, their data was unreliable. Specifically, OIG identified two key deficiencies in the data that the Department provided. […] Currently, the only way to determine the justification for an employee’s administrative leave is to review the timesheet, ask the employee, or ask the employing bureau. The Department is currently updating its payroll systems, including modernization of its time and attendance systems. Once this project is completed, there will be more information available on specific uses of administrative leave. However, there is no expected completion date for the project.
  • OIG selected the 100 employees with the most hours of recorded administrative leave based on HR’s data and requested the justification from the applicable employing bureaus.17 According to the data provided by HR, these 100 employees recorded over 320,000 hours of administrative leave during the period under evaluation. However, after reviewing the information the bureaus provided, OIG found that administrative leave hours reported by HR were incorrect for 84 of these 100 employees (84 percent). Four of the employees were on work-related travel as opposed to on administrative leave. The other 80 employees were at work on regular duty between January 2011 and January 2015—with the exception of holidays, scheduled sick and annual leave, and weather-related closures—and their time and attendance records maintained by their employing bureau did not support the large amounts of administrative leave indicated by the HR data. OIG interviews with several employees and supervisors corroborated this information.
  • Although HR officials told OIG that timekeeping error was the most likely source of the discrepancies between the HR data and the information provided by the employing bureaus,19 reports from TATEL reviewed by OIG demonstrated that timekeeper error does not explain the entirety of the large balances of the administrative leave indicated by the HR data.20

Administrative Leave Related to Conduct

  • OPM guidance states that administrative leave should be used only as “an immediate, temporary solution to the problem of an employee who should be kept away from the worksite.”13 OPM also recommends that administrative leave “should not be used for an extended or indefinite period or on a recurring basis” and agencies should “consider other options prior to use of administrative leave.”
  • Department policies follow this guidance and contain several controls to ensure that administrative leave is used only as a temporary solution for employees who should be kept out of the workplace. The FAM defines conduct-related administrative leave as leave authorized “when an investigation, inquiry, or disciplinary action regarding the employee’s conduct is pending, has been requested, or will be requested within 2 workdays, and the continued presence of the employee in the workplace may pose a threat to the employee or to others, or may result in loss of, or damage to, U.S. government property, or may otherwise jeopardize legitimate U.S. Government interests
  • The Deputy Assistant Secretary told OIG that he and his staff carefully scrutinize each request to ensure that there is sufficient documentation that an employee’s continued presence in the workplace poses an actual problem. They also encourage the bureau to explore other alternatives and have, in some cases, referred the issue to the Office of Civil Rights, the Office of the Ombudsman, or the Bureau of Medical Services. The Deputy Assistant Secretary has disapproved administrative leave requests when alternatives exist or when there is insufficient documentation of a problem.
  • Even when HR approves a request for administrative leave, leave is only authorized for a 30 day maximum. According to HR, this incremental approach ensures that it will reevaluate the employee’s status periodically to determine whether administrative leave continues to be necessary. HR identified three main justifications to place an employee on administrative leave for over 16 hours:
  1. loss of security clearance
  2. medical-related issues
  3. violence or threatening conduct

63,000 Hours in a 4-Year Period

  • Despite these deficiencies, OIG found that more complete information exists for employees on conduct-related administrative leave. For example, sixteen of the 100 employees OIG reviewed had accurately recorded administrative leave and 15 of these were conduct-related cases. For each of these cases, HR confirmed that it had followed Department policy in granting administrative leave to ensure that the employee’s continued presence in the workplace posed a serious problem. These employees represented approximately 63,000 hours of administrative leave in the four-year period
  • According to HR, one of the reasons for these large balances is the difficulty in finding alternative work assignments or locations for employees who are on administrative leave because their security clearances have been suspended. The nature of the Department’s work limits the number of positions for which a security clearance is not required. Department offices may have unclassified work that employees can perform, but those employees would have to be escorted and monitored because most offices are secure spaces. Furthermore, employees who have had their clearances suspended may pose a risk even in unclassified areas.

The original report is posted here (PDF), or read in full below (click on the arrow at the lower right hand side of the box below to maximize view).

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Foggy Bottom Finally Delivers Guidance for Domestic or Overseas Obstetrical Medevac– What’s New?

Posted: 12:15 am ET
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Remember the January 2016 Burn Bag: Expectant Parents Still Waiting For Foggy Bottom to Deliver 2015 Pregnancy Cable? It’s May, and the Pregnancy Guide (PDF) finally came out!

“The U.S. Department of State Bureau of Human Resources’ Pregnancy Guide provides information to assist Foreign Service employees and family members with pregnancy-related questions and issues. The guide includes information on payment for medical expenses, types of leave, obtaining a diplomatic passport and visa for the child, allowances and per diem, and other topics related to an obstetrical medevac.”

The guide above is available directly from state.gov here.

According to the pregnancy guide above, its key source of information is 3 FAH-3 (Maternity, Surrogacy, and Adoption Handbook) and 16 FAM 300 (Medical Travel).  “Information was selected to address the specific issues related to a birth parent serving overseas on overseas or domestic obstetrical medieval.”  Also 16 FAM 315.2 for Delivery Outside the United States.

3 FAH-3  (Maternity, Surrogacy, and Adoption Handbook) reportedly has some superseding text issued by the Department in a Department Notice in June 2015 and this subchapter according to the online regs will be revised to reflect the new guidance  — FAH says refer to Department Notice 2015_06_099 for more information.

16 FAM 300 (Medical Travel) — as far as we could tell from the online regs — has not been updated since July 11, 2012.

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So okay, help us out here —  if there was a Department Notice back in June 2015 for 3 FAM-3, and 16 FAM 315.2  has not been updated since July 2012, where was the holdup with this new guidance? Or for that matter, can anyone tell what is new here?

 

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