DOWNGRADINGS
(CT:PER-1222; 03-27-2025)
(Office of Origin: GTM/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 description’s 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 Staff’s 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 Staff’s 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 Staff’s 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 Staff’s current salary;
(2) If the LE Staff’s salary exceeds the maximum rate (or step) of the lower graded position, the LE Staff’s 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-1000; 06-18-2020)
(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 GTM/OE.
3 FAM 7394 LAW OF THE RECEIVING STATE AND PREVAILING PRACTICE
(CT:PER-1222; 03-27-2025)
(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 Global Talent Management (GTM/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. GTM/OE may authorize an exception, provided it is in the best interest of the U.S. Government.
3 FAM 7395 THROUGH 7399 UNASSIGNED