UNCLASSIFIED (U)

3 FAM 2370

Domestic Employee TEleworking Overseas (DETO)

(CT:PER-1180;   03-22-2024)
(Office of origin:  GTM/ER/WLD)

3 FAM 2371  DETO PROGRAM

3 FAM 2371.1  Purpose

(CT:PER-971;   01-09-2020)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The Department’s purpose is to establish policy in compliance with OPM regulations governing telework (5 CFR 531.605(d)(2)); standardize teleworking of domestic employees abroad; bridge the gap between technology and business needs; assist with the challenge of keeping families together; and retain skilled workers.

3 FAM 2371.2  Definitions

(CT:PER-1180;   03-22-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

Domestic Employee Teleworking Overseas (DETO):  A U.S. Government direct-hire employee or a U.S.-based Personal Services Contractor (PSC) assigned to a domestic position, teleworking from an overseas location for a limited period of time.  Although the domestic employee is not assigned or detailed to the overseas location, the DETO’s duty station will be temporarily changed to reflect the overseas alternate worksite for the duration of the DETO arrangement.  A DETO is distinct from a Limited Noncareer Appointment (LNA) or a Hard-to-Fill arrangement.

DETO Agreement: An official agreement documenting the terms and conditions of the DETO arrangement.

Domestic partner:  A domestic partner for purposes of this subchapter means a domestic partner as defined in 3 FAM 1610.

Employing bureau:  The bureau to which the DETO is officially assigned and which owns the FTE. 

Host bureau:  The regional bureau that has authority over the location in a foreign country where the DETO is living.

Independent DETO:  An employee not included on orders of a U.S. Government sponsoring employee.  Due to the expanded risks of independent DETO arrangements, Department of State policy prohibits independent DETO arrangements for its employees.  However, policies of other Executive Branch agencies may allow for DETO arrangements as long as they comply with requirements outlined in 6 FAH-5 H-352.12 and 2 FAH-2 H-113.1.

International Cooperative Administrative Support Services (ICASS) costs:  Costs that cannot be directly attributed to an agency and are distributed via ICASS as either post-obligated costs or non post-obligated costs (refer to 6 FAH-5 H-352.12, Domestic Employees Teleworking Overseas).  ICASS costs, if applicable, must be discussed in advance and incorporated into the DETO Agreement.

Official Worksite:  The official worksite for a DETO is the place where they are is approved to work domestically on a regular basis.

Overseas Alternate Worksite:  Also referred to as the overseas duty station.  The approved overseas location, which is usually the overseas residence (home), is the site from which the employee will perform the duties of their domestic position through telework via the DETO arrangement.  In some circumstances, unclassified work may not be conducted from the overseas residence, in which case the sponsoring bureau may need to pay for workspace at the Embassy or Consulate if available; see 3 FAM 2371.12.  If the DETO will be working from a residence not provided by the mission, a separate agreement must be signed with the individual or organization paying for the residence on security and safety standards.

Sponsored DETO:  A U.S. Government direct-hire employee or PSC who is the spouse of a sponsoring employee assigned overseas and is on the U.S. Government orders of this sponsoring employee.  A Department of State DETO must be on the U.S. Government orders of a sponsoring employee assigned overseas.

Sponsoring Employee:  Either 1) a Direct-Hire Foreign Service or a Direct-Hire Civil Service employee who is or will be assigned (not TDY) to a U.S. mission abroad under Chief of Mission (COM) authority or an office of the American Institute in Taiwan, or 2) a DoD employee or uniformed service member who is or will be assigned (not TDY) to a military base or U.S. mission abroad.

3 FAM 2371.3  Eligibility

(CT:PER-1180;   03-22-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. A DETO arrangement is not an employee entitlement but rather a limited-duration workplace flexibility option that the Department may consider to allow direct-hire U.S. Government employees and U.S.-based PSCs who are assigned to domestic positions to accomplish the duties of their position from a foreign country.

b. A DETO arrangement is not a reasonable accommodation.  An employee with a disability seeking telework as a reasonable accommodation, a change in the work environment to enable the employee to perform the essential functions of their job, should follow procedures outlined in 3 FAM 3670 and contact the Office of Accessibility and Accommodations (GTM/OAA).  A reasonable accommodation may be afforded the employee with a disability once they reach the location for their DETO assignment.

c.  Foreign Service and Civil Service Employees eligible for DETO agreements include:

(1)  Tenured Foreign Service Officers assigned to domestic positions;

(2)  Full and part-time Civil Service employees and employees on Job Share arrangements;

(3)  Reemployed Annuitants (REA) with valid and active contracts;

(4)  Employees with supervisory duties;

(5) U.S.-based Personal Services Contractors (PSCs).

 

d. Employees ineligible for DETO agreements include:

(1)  Foreign Service Officers on Y Tours;

(2)  Political Appointees and personnel on Schedule C Appointments.

(3)  Employees whose duties include reporting on or playing any substantive role in the policy or administrative issues pertaining to the country from which the DETO would telework;

 

e. A DETO arrangement may be available in certain circumstances to a Civil Service or Foreign Service employee accompanying their sponsoring employee on a U.S. Government assignment to an overseas location, where the following eligibility conditions are met:

(1)  Positions that may require non-routine or intermittent access to, and/or handling of classified materials may be eligible for a DETO arrangement, provided that the DETO agreement reflects the need for access to a CLASSNet terminal, including any ICASS cost implications of this access.

(2)  Positions that require frequent or routine access to, and/or the handling of, classified materials, and/or require a work station equipped with CLASSNet, are generally ineligible for a DETO arrangement.  However, if space is available, and if there is a compelling justification by the employing bureau to allow the DETO arrangement, the DETO must be located at an embassy, consulate, or a mission to an international organization and applicable security standards must be met; in these cases, the employing bureau must cover any support costs required to make such arrangements available to the DETO and include this information in the DETO Agreement.  If, in very rare situations, the classified portion of the portfolio is removed to allow for the DETO arrangement, the DETO may be considered to telework at an alternate worksite, such as the employee's residence (home) in country, as opposed to being restricted to the embassy, consulate, or mission.

(3)  DETO arrangements at posts or in countries that are unaccompanied or partially unaccompanied, or where an authorized or ordered departure is in effect or comes into effect, are prohibited.  This prohibition does not include those partially unaccompanied posts that already allow adult EFMs regardless of their employment status.  DETOs are prohibited from going to the DETO location or remaining in the DETO location unless the Under Secretary of State for Management (M) waives the prohibition in accordance with procedures described in Waivers of Travel Prohibitions (3 FAM 3776).  Waivers for unaccompanied posts will only be granted in unusual or compelling circumstances.

3 FAM 2371.4  Establishing a DETO Arrangement

(CT:PER-1180;   03-22-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The steps for establishing a DETO arrangement are outlined below.  For more detailed policy guidance, refer to DETO Standard Operating Procedures on the DETO intranet site.

(1)  Employee obtains approval from supervisor and confirms associated costs or restrictions (if any) on DETOs with host bureau's Post Management Officer for the overseas location, see 3 FAM 2371.12;

(2)  Employee obtains approval from employing bureau Executive Director;

(3)  In conjunction with supervisor and bureau Human Resources Specialist/Telework Coordinator, employee prepares draft DETO Agreement using the State Department DETO Agreement template as a guide;

(4)  All DETO Agreements must be reviewed and signed by the following individuals in this order:

(a)  The employee;

(b)  The supervisor;

(c)  The employing bureau Executive Director;

(d)  The host bureau Executive Director (if different than the employing bureau); and

(e)  The post Management Counselor or their other designated post management official.

(e)  The post Management Counselor or their other designated post management official.

(5)  For Foreign Service personnel the employing bureau must submit the completed DETO application package with requisite signatures to GTM/CDA for review and approval;

(6)  After all required signatures and documents have been obtained for the DETO Agreement, the employing bureau (or host bureau, if applicable) must submit justification and documentation to the Policy and Global Presence Directorate in the Office of Management Strategy and Solutions (M/SS) through the NSDD 38 web application for review and  process the NSDD 38 action to Post to formally obtain Chief of Mission approval (for DETO arrangements of 365 days or more).  Alternatively, the employing bureau (or host bureau, if applicable) must request Chief of Mission approval via eCountry Clearance (for DETO arrangements lasting fewer than 365 days);

(7)  A DETO arrangement cannot begin until it has received all required official approvals, including all required signatures for the DETO Agreement and COM approval via NSDD 38 or eCountry Clearance approval, as applicable;

(8)  Foreign Service and Civil Service employees who are new to the position for which they will have a DETO arrangement are generally allowed a maximum of two full pay periods for consultation purposes to work in the position domestically with the domestic supervisor.  During that consultation period, they qualify for domestic locality pay prior to the change in duty station to an overseas location.  A Foreign Service DETO must complete a Form DS-1707 to effect themself into the position;

(9) Employees who are approved for DETO arrangements may continue working at their official worksite, i.e., Washington, DC, with the employing bureau’s approval, while their sponsoring employee remains domestically assigned, e.g., working prior to departure or in pre-deployment training.  Alternatively, DETOs may request personal leave or LWOP for any period prior to the start of the DETO arrangement, in accordance with relative policies;

(10) When reporting for duty at the overseas location, the DETO is required to notify the supervisor/timekeeper and employing bureau HR Specialist/DETO coordinator of the effective start date of the DETO arrangement for processing the SF-50, Notification of Personnel Action, documenting the change in duty station to the overseas location;

(11) Additionally, the DETO must complete Form DS-1963, Home Safety Checklist found in 3-FAH-1 Exhibit H-2361.2(3), upon arrival at the overseas alternate worksite, including any temporary housing arrangements from which the employee will be teleworking, if applicable.  It is the responsibility of the DETO to provide the completed form to the employing bureau telework coordinator no later than 30 days after beginning the overseas DETO arrangement; and

(12) DETO Requirements for Anti-Nepotism Reviews:

(a)  If the proposed DETO arrangement involves the relative, as defined at 3 FAM 8323(a)(1), of the COM (or an individual serving as COM), the DETO candidate and employing bureau must follow certain additional steps and obtain additional approvals.  See 3 FAM 2371.8 for more information; and

(b)  The employing bureau will need to submit an Anti-Nepotism Review (ANR) request, if applicable, to either GTM/CDA, if Foreign Service, or GTM/CSTM, if Civil Service, using the DETO Application Checklist form instructions.  Refer to 3 FAM 8327 for the policy which stipulates that an ANR is required before a DETO candidate is permitted to work at the same post as their sponsoring employee, when the DETO candidate’s sponsoring employee is the Chief of Mission, Deputy Chief of Mission, Principal Officer, Deputy Principal Officer, or where any elements of the “Prohibited Conditions” listed in 3 FAM 8326 might appear to potentially exist.  The employing bureau should consult 3 FAM 8320 to determine whether a review is required.

3 FAM 2371.5  Conditions of a DETO Arrangement

(CT:PER-1055;   08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. A DETO arrangement cannot begin until all required official approvals have been obtained, including all required signatures on the DETO Agreement and COM approval via NSDD 38 or eCountry Clearance process.

b. Employees and supervisors must adhere to the Department’s telework guidelines set forth in 3 FAM 2360.

c.  DETOs must receive work requirements, standard mid-year progress reviews, and appropriate annual performance appraisals or evaluations from their supervisors in their employing bureaus in accordance with applicable regulations set forth in 3 FAM 2820 for Civil Service employees and 3 FAM 2810 for Foreign Service employees.

d. Evaluations for DETOs are subject to the established inadmissible comments outlined in the FAM sections cited above.  In addition, reference to telework or a DETO as it implies or references, indirectly, spouse or family, is an inadmissible comment on Civil and Foreign Service evaluations.

e. A DETO Agreement must be reviewed by the employee’s employing bureau supervisor on a semiannual basis to ensure that it meets the needs of the office and the employee.

f.  DETOs must follow standard Department policies and procedures for requesting and using leave.  DETOs are obligated to regularly communicate with the employing bureau timekeeper to assure that leave and regular duty hours are properly reported to avoid over-payments or under-payments.

3 FAM 2371.6  Termination of a DETO Arrangement

(CT:PER-1180;   03-22-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. The duration of a DETO arrangement may not exceed the initial overseas assignment duration of the sponsoring employee.  Additional time may be requested by presenting an amended DETO agreement and seeking permission from the Chief of Mission through the NSDD 38 approval process.  This DETO re-approval process also applies in cases where the sponsoring employee has had their posting extended through an amendment of orders. The duration for a DETO arrangement and an NSDD 38 action for FS employees must reflect the duration of the domestic assignment and/or paneling.  The DETO may request an extension for a desired period in order to align their DETO arrangement period with the end date of their sponsor’s tour by attaching an addendum and eCC or NSDD 38 approval to their original DETO Agreement.  For FS DETOs, requests must be in compliance with normal extension guidelines for domestic assignments.

b. An employing bureau supervisor may cancel or amend the DETO Agreement by providing written justification based on the needs of the office or due to performance issues at any time with prior notification of at least two (2) pay periods.

c.  A DETO may cancel a DETO Agreement at any time with prior notification to their supervisor of at least two (2) pay periods.  Once so notified by the employee, the supervisor must notify the bureau DETO coordinator, who is in turn responsible for notifying M/SS to ensure that the NSDD 38 action is terminated. An employee may also request an adjustment of the employee’s DETO Agreement by providing a written justification to their employing bureau supervisor for consideration and approval.

d. Upon termination of a DETO arrangement, the employee is generally expected to return to the official worksite to perform the duties of their position from that domestic location.  The employing bureau should provide next steps and options for the employee to explore including:

(1)  Consulting with GTM/CDA if Foreign Service;

(2)  Consulting with GTM/CSTM if Civil Service;

(3)  Possible employment options at post; and

(4)  Leave including extended Leave Without Pay.

    In addition, if the employee intends to resign from their Civil Service position and if all of the eligibility requirements are met, an Appointment Eligible Family Member (AEFM), as defined in 3 FAM 7120, may apply for conversion to the Foreign Service Family Reserve Corps (FSFRC).  If the employee chooses to resign, reinstatement is an option, as it is for any Civil Service career and career-conditional employees who leave their Civil Service position to accompany a Foreign Service employee or military member on government assignments abroad.

e. The employee is required to notify the supervisor/timekeeper and employing bureau HR Specialist/DETO coordinator of the effective end date of the DETO arrangement for purposes of effecting the SF-50, Notification of Personnel Action, documenting the change in duty station or resignation.

3 FAM 2371.7  The DETO’s Official Status Overseas

(CT:PER-1055;   08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. DETOs may qualify for privileges and immunities (Ps & Is), depending on the accreditation of the sponsoring employee, as described in 2 FAM 221.  The COM, in consultation with the Department, will weigh and analyze potential risks to the employee, the work the employee performs, and the interests of the U.S. Government before the COM will grant approval for the DETO, as described in 3 FAM 2371.8.  Local laws may apply to the employee’s work, and the Department, post, and employee must ensure appropriate compliance with any such laws before the COM will approve the activity, as described in 3 FAM 2371.8.

b. DETOs:

(1)  Will be included on the sponsoring employee's permanent-change-of-station (PCS) orders, which will authorize U.S. Government-funded travel and relocation benefits for the DETO consistent with those normally provided an Eligible Family Member (EFM) at the relevant post;

(2)  Will be reported to the host government as the spouse or domestic partner of an accredited and accepted diplomatic agent or member of the mission’s official administrative and technical staff, representative to an international organization, DOD civilian employee, military member, consular officer, or consular employee, as appropriate, and will derive any and all applicable privileges and immunities accordingly;

(3)  Will not be eligible for any allowance benefits or payments in their own right.  Any eligibility for allowance benefits or payments is only derived from the sponsoring employee without exception.  If the DETO meets the relevant eligibility criteria, they may receive all benefits normally afforded to EFMs who are not employed in a local position at post but will not receive any benefits provided through family member appointment (FMA) or personal service agreement (PSA) employment.  The benefits for which the DETO may be eligible include, for example:

(a)  Access to the Department’s medical program, including evacuation coverage;

(b)  Pouch and mail facilities, including APO/FPO;

(c)  Rest & Recuperation travel;

(d)  Home leave travel;

(e)  Emergency visitation travel (EVT); and

(f)   Community liaison office (CLO) services;

(4)  All DETOs must adhere to applicable Overseas Security Policy Board (OSPB) Standards set forth in 12 FAH-6.

(5)  Approved DETO Arrangements are subject to 6 FAH-5 H-352.12.  In addition, pursuant to The Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (Public Law 99-399 (22 U.S.C. 4801, et seq.), as amended, and the President’s Letter of Instruction, the Secretary of State and the COM are responsible for developing and implementing policies and programs that provide for the protection of all U.S. Government personnel on official duty abroad, including DETOs.  Agencies with employees under COM authority must ensure employees, including DETOs, comply with security and all other directives of the COM. The Regional Security Officer (RSO) is responsible for determining on a case-by-case basis the security requirements for DETO employees at post (per 6 FAH H-352.12 paragraph b(2)).

3 FAM 2371.8  Chief of Mission Authority

(CT:PER-1124;   03-28-2023)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. As U.S. Government executive branch employees, DETOs are subject to COM authority while teleworking overseas.  DETOs will not be included in post’s staffing pattern or considered part of post’s regular staffing complement.  The COM must be notified and agree to the DETO’s employment arrangements through NSDD 38, eCC, or other country clearance procedures prior to the DETO beginning work from the foreign location.

b. Because DETOs are subject to Chief of Mission Authority at their overseas worksite, proposed DETO arrangements involving a relative, as defined at 3 FAM 8323(a)(1), of the COM (or an individual serving as the COM) require additional approvals if the COM has resumed duties at post.  The Under Secretary for Management (M) must approve the overall arrangement, including any issues also considered as part of the NSDD 38 or country clearance process, to ensure compliance with the Department’s nepotism policies.  Notwithstanding the prohibitions in 3 FAM 8326(c), once M’s approval of the arrangement has been obtained, the NSDD 38 cable may be released to post to also obtain COM final approval.  Refer to the Department’s DETO SOPs for specific steps.

c.  Per 3 FAM 2371.3 (d)(4), positions with duties or responsibilities that report on or play any role in policy or administrative issues pertaining to the country in which the DETO duty station is located are ineligible for DETO arrangements. This prohibition is intended to address a number of concerns that may arise if a DETO were to be involved in matters relating to the host country, including potential foreign relations issues with the host country, possible lack of immunity for acts done on behalf of the United States and/or archival inviolability of the DETO’s work product, anti-nepotism concerns, and possible issues relating to the DETO’s accreditation, status, and ability to work in the host country.

d.  If the COM, the employing bureau, and/or the relevant regional bureau(s) assess that the DETO arrangement could raise foreign relations issues or any other concerns described in 3 FAM 2371.8(c), whether due to the DETO's duties relating to the region, a nexus between the DETO's duties and the host country’s policies, or other issues (e.g., concerning other countries or regions that may pose a conflict of interest), or any other factor, the DETO  justification must be sufficient to address such concerns.  The justification must be included in the NSDD 38 web-application or eCC request that will require official approval by COM.

3 FAM 2371.9  Medical Program and Medical Travel

(CT:PER-1055;   08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. DETOs meeting the eligibility requirements for participation in the Medical Program pursuant to 16 FAM 120 must be issued a medical clearance appropriate for an EFM for the post at which they will be physically residing pursuant to the DETO arrangement, in accordance with 16 FAM 200.

b. DETOs meeting the eligibility requirements for participation in the Medical Program pursuant to 16 FAM 120 are eligible for medical travel.  (If a DETO’s sponsoring employee works for a U.S. federal government entity that does not fund medical evacuations, the DETO must provide documentation to the Bureau of Medical Services (MED) that they have personal medical evacuation insurance.)

3 FAM 2371.10  Duty Station

(CT:PER-1055;   08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. A DETO remains assigned to Washington, DC (or the official domestic worksite if other than Washington, DC) but the duty station/location code for the employee must change to reflect the overseas duty station (overseas alternate worksite) where the employee is physically working abroad.  Refer to 3 FAM 2371.13, Pay, Virtual Locality Pay, and Holidays.

b. The overseas duty station (overseas alternate worksite) must be documented on an employee’s Form SF-50, Notification of Personnel Action, by the employing bureau HR Specialist or DETO Coordinator.  For guidance on updating positions and documenting duty station changes on an individual record, please refer to the Office of Personnel Management’s Guide to Processing Personnel Actions.

3 FAM 2371.11  Work Station Arrangements

(CT:PER-1055;   08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

If work station arrangements include office space at the embassy or consulate, at a military base, or at a mission to an international organization, the arrangements, including extra costs if any, must be established between the employing bureau, post, and the workspace provider (e.g., embassy) on a case-by-case basis.  These arrangements must be defined in Sections 3 and 9 of the DETO Agreement and/or in an addendum to the agreement to include specific work location (home or diplomatic post), equipment, funding, phone, fax, copier use, etc.  Unless such work station arrangements are specifically addressed in the DETO Agreement or an Addendum to the DETO Agreement, and in an approved NSDD 38 justification or eCC, DETOs may not perform the duties of their position from office space at the embassy or consulate, at a military base, or at a mission to an international organization.

3 FAM 2371.12  International Cooperative Administrative Support Services (ICASS) Costs

(CT:PER-1055;   08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. When applicable, the employing bureau must fund through subscription to relevant International Cooperative Administrative Support Services (ICASS) any costs necessary to support the DETO’s official duties (see 6 FAH-5 Exhibit H-352.12).  Projected ICASS expenses should be kept to a minimum.  Projected costs and bureau funding sources should be included in the DETO Agreement.  Otherwise, DETOs receive the same ICASS support provided to other EFMs who are approved to be at post and who are not employed in a local position at post.  For policy requirements, refer to 3 FAM 2371.4, Establishing a DETO Arrangement.

b. Telework Agreements are generally cost-neutral arrangements.  DETO employees have access to the same ICASS services as EFMs who are not employed in a local position at post and whose benefits are derived solely from the sponsoring employee's agency (e.g., official status in country, access to health services, etc.); these costs are included on the sponsoring agency's invoice.  When there are additional ICASS costs directly related to the DETO, such as an arrangement for office space in an Embassy or Consulate, the DETO’s domestic Bureau must agree to fund those ICASS charges and other additional expenses which will be invoiced to the domestic Bureau.  For more details, see 6 FAH-5 H-352.12.

3 FAM 2371.13  Pay, Virtual Locality Pay, and Holidays

(CT:PER-1180;   03-22-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

DETO pay will be determined by the Foreign Service or Civil Service pay scale. 

a. Civil Service DETO employees are eligible for location-based comparability pay in accordance with Section 9717 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263). Under this authority, Civil Service DETOs will receive location-based comparability pay that is equal to the lesser of the following:

(1) The locality pay the employee would have received had they not moved overseas as a DETO; or

(2) The current rate of Overseas Comparability Pay (OCP) paid to eligible Foreign Service employees working overseas, including Foreign Service employees on DETO arrangements.

b. The location-based comparability pay granted to Civil Service DETOs per Section 9717 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263) applies to members of the Civil Service only.  However, the contracts of PSCs who are approved for DETO arrangements may be amended to include specific language permitting locality pay commensurate with Civil Service DETOs.  

c. Foreign Service employees working on DETO arrangements will be paid based on the overseas Foreign Service pay scale, which includes Overseas Comparability Pay.

d. Virtual locality pay is applicable for Foreign Service employees (FS-01 and below) on a DETO arrangement for retirement purposes only.

e.  DETOs are only entitled to U.S. holidays and are expected to work during regular duty hours or use leave (for example, annual leave or leave without pay) or previously earned credit hours or compensatory time off on local holidays of the host country/post and during U.S. Government office closures/emergencies, (e.g., OPM closure announcements for Washington, DC area offices).  DETOs are not entitled to premium pay or compensatory time when working on a local holiday.

f. If the alternate worksite is the embassy and it is closed due to a local holiday, the DETO must work from another worksite approved by the employing bureau supervisor and Regional Security Officer (RSO) and documented in the DETO Agreement or use annual leave, leave without pay (LWOP), or previously earned credit hours or compensatory time off.

g. The DETO is required to follow the Department’s standard domestic policy and procedures for requesting and using leave and relating to time and attendance and must regularly communicate each pay period with their employing bureau supervisors and timekeepers on these matters.

h.  Premium Compensation/Overtime:  All overtime must be ordered and approved in writing and in advance.  DETOs are subject to the overtime and premium compensation regulations and FAM provisions applicable to their positions (see 5 CFR 550 and 5 CFR 551; 3 FAM 2333, 3 FAM 2336, and 3 FAM 3133).

3 FAM 2371.14  Allowances and Differentials

(CT:PER-971;   01-09-2020)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

In accordance with the government-wide Department of State Standardized Regulations (U.S. Government Civilians, Foreign Areas) (DSSR) Definition 040s and Applicability (DSSR 031.8):

(1)  DETOs are not eligible to receive allowances under the DSSR in their own right; and

(2)  The sponsoring employee of the DETO may be eligible for such allowances at a level of payment that accounts for the DETO's presence in country when those allowances are based on family size.

3 FAM 2371.15  Travel/Training

(CT:PER-1055;   08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

a. All personnel preparing to enter a DETO arrangement will complete or receive a waiver of all required overseas personal security training prior to their travel, including, when applicable, Foreign Affairs Counterterrorism Training (FACT) and the Counter Threat Awareness Training (CTAT) (previously High Threat Security Overseas Seminar (HTSOS)), in accordance with 13 FAM 301.4-2 and 13 FAM 301.4-3

b. All DETO employees traveling on official business away from the duty station reflected on their Form SF-50 as part of the DETO position’s duties are eligible for TDY travel in the same manner as any other employee.

c.  Employing bureaus should, whenever possible, minimize TDY travel for DETOs.  Alternate communication technologies, such as video calls, conference calling, and other appropriate communication technologies, should be used to the greatest extent possible to minimize TDY travel.

d. Any travel expenses (e.g., per diem) must be documented in an official travel authorization issued by the owning bureau.

e. Distance Learning options generally exist and should be used as the first option to meet training needs.

3 FAM 2371.16  Workers' Compensation

(CT:PER-971;   01-09-2020)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

The DETO may be eligible for Workers' Compensation benefits for disability or death resulting from injury sustained in the performance of duty under the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP) when qualifying criteria are met under the Federal Employees' Compensation Act (FECA).  Eligibility is set forth in 3 FAM 3630.

3 FAM 2371.17  Eight Year Limits on Continuous Domestic Assignment Rule – Foreign Service Tandems

(CT:PER-1055;   08-11-2021)
(State Only)
(Applies to Foreign Service Employees Only)

If the employee on a DETO arrangement is a member of the Foreign Service, time spent on the DETO does count as overseas service for the purposes of the eight- year limit on continuous domestic service.  Waivers of this rule require approval from the Director General.  Please refer to GTM/CDA SOP A-4 for more information on the waiver process.

3 FAM 2371.18  Home Leave and Rest and Recuperation Travel (R&R)

(CT:PER-1180;   03-22-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)

DETOs derive home leave travel and rest and recuperation travel benefits from their spouse or domestic partner (as defined in 3 FAM 1610).  Therefore, a Foreign Service DETO does not accrue home leave during the DETO assignment.  In addition, a Foreign Service DETO may not charge the home leave travel to their own home leave account.  The leave options generally available for home leave travel and R&R travel are annual leave and leave without pay, which must be coordinated with the DETO's home bureau.  DETOs may also use any previously earned credit hours or compensatory time off that is not required to be forfeited upon departure from post during home leave travel and R&R travel.

3 FAM 2372  THROUGH 2379  UNASSIGNED

 

UNCLASSIFIED (U)