3 FAM 2440
CURTAILMENT and immediate departure
(CT:PER-1152; 09-01-2023)
(Office of Origin: GTM/ER/MSU)
3 FAM 2441 AUTHORITY
(TL:PER-1152; 09-01-2023)
(State Only)
(Applies to All Executive Branch Employees Assigned to Posts Abroad and State
Foreign Service Employees Assigned Domestically)
a. 22 U.S.C. 3927(a)(1) and the President's Letter of Instruction (PLOI) provide that the chief of mission to a foreign country shall have full responsibility for the direction, coordination, and supervision of all Government executive branch activities, operations, and employees in that country (except for Voice of America correspondents on official assignment, activities, operations, and employees under the command of a United States combatant commander, and employees officially on the staff of an international organization and performing the functions of that organization).
b. The statutory authority for curtailment is also found in sections 501-505 of the Foreign Service Act of 1980 (22 U.S.C. §§ 3981-3985).
3 FAM 2442 GENERAL
(TL:PER-1152; 09-01-2023)
(State Only)
(Applies to Foreign Service Employees)
a. Curtailment means shortening an employee’s tour of duty from their assignment.
b. Curtailment is an assignment action, not a disciplinary one.
c. As noted in 3 FAM 2424.3, the overriding consideration in the assignment of Department of State Foreign Service personnel, subject to all applicable statutory requirements, is the needs of the Service as defined by the Director General.
d. GTM/ER/MSU (Office of Employee Relations, Manager Support Unit) is responsible for this policy. GTM/CDA (Office of Career Development and Assignments) and GTM/EX/IDSD (International Domestic Support Division) are also involved in the curtailment process.
3 FAM 2443 CURTAILMENT OF ASSIGNMENTS
3 FAM 2443.1 Voluntary Curtailment
(TL:PER-1152; 09-01-2023)
(State Only)
(Applies to Foreign Service Employees)
An employee may request curtailment of their assignment for any reason. The employee should submit to their Career Development Officer a written request for curtailment that explains the reasons for the request, which will be submitted to the appropriate assignment panel for its consideration. Post or bureau management, through its assignments officer, must state its support for or opposition to the employee’s request.
3 FAM 2443.2 Involuntary Curtailment
(CT:PER-1152; 09-01-2023)
(State Only)
(Applies to Foreign Service Employees)
a. If the chief of mission or senior bureau official determines that curtailment of an employee’s assignment is in the best interests of the post/bureau, the employee, or the employee’s dependents, the chief of mission or senior bureau official may request that the employee’s tour of duty be curtailed immediately.
b. The chief of mission or senior bureau official should contact the bureau executive office and GTM/ER/MSU as early as possible for coordination in preparing a request for involuntary curtailment that includes supporting background information.
c. The chief of mission or senior bureau official will:
(1) clear the request for involuntary curtailment with the bureau executive office and GTM/ER/MSU;
(2) inform the employee that the post/bureau is prepared to request the curtailment of their assignment and the reasons for such request;
(3) advise the employee that they may submit comments separately to the Director General;
(4) offer the employee the alternative of submitting a request for voluntary curtailment before the involuntary curtailment request is submitted; and
(5) ensure the employee is aware that, regardless of the nature of the curtailment (i.e., voluntary or involuntary), performance will be documented appropriately in accordance with 3 FAM 2444 and/or misconduct may be investigated and subject to disciplinary action, up to and including separation.
d. If the employee opts to submit a request for voluntary curtailment before the post/bureau submits the request for involuntary curtailment, the employee should follow the procedures in 3 FAM 2443.1 within the timeframe requested by the post/bureau.
e. If the employee opts not to submit a request for voluntary curtailment, the post/bureau, in consultation with the bureau executive office and GTM/ER/MSU, will submit a request for involuntary curtailment to the Director General that confirms that the steps in c.(1)-(5) were taken.
f. The chief of mission or senior bureau official should ensure that employees who are offered the choice of a voluntary curtailment in lieu of an involuntary have two business days to make a decision. In addition, employees who are advised that a request for an involuntary curtailment has been submitted to the Director General should be afforded two business days to submit their comments to the Director General.
3 FAM 2443.3 Immediate Departure from Post
(CT:PER-1152; 09-01-2023)
(Applies to All Executive Branch Employees Assigned to Posts Abroad)
a. As an exceptional measure in situations when the chief of mission deems immediate departure of an employee to be in the best interests of the Foreign Service or the post and time will not permit the necessary exchange of communications between the post and the Department (or other agency), the chief of mission may direct the immediate departure of the employee from post. In such situation, the post may issue travel orders for the employee and employee’s dependents to the United States.
b. For Department of State employees, the post must submit a request for the paneling of the curtailment to the Director General as soon as possible after the employee's departure explaining fully the circumstances that led to the expedited departure.
c. For other agency employees, the post, with the assistance of the regional bureau Executive Director, must make a prompt and full report of the circumstances to the other agency as soon as possible after the employee's departure.
d. The post, with the regional bureau's assistance, must request travel orders from the relevant authority as soon as possible following the departure - GTM/EX/IDSD for Department of State or the employee's agency. Once issued, the post must process any expenses incurred for the departure against those orders.
3 FAM 2444 NEXT STEPS AFTER curtailment request
(CT:PER-1152; 09-01-2023)
(State Only)
(Applies to Foreign Service Employees)
a. If the Director General determines that the requested involuntary curtailment of the tour of duty of a Foreign Service employee would be in the best interest of the Foreign Service or the bureau, the Director General may direct the curtailment.
b. Once any curtailment is paneled, the chief of mission or senior bureau official will ensure the following actions are taken:
(1) Post will request expedited travel orders from GTM/EX/IDSD to ensure an orderly departure of the employee, so that the employee may depart post as rapidly as possible.
(2) For all curtailments, the post/bureau should document performance issues in a fair, accurate, and complete manner within 30 days in accordance with 3 FAM 2813.4, even for periods shorter than 120 days.
(3) For all curtailments based on misconduct, the post/bureau should report the misconduct to the appropriate investigating authority and/or conduct an administrative inquiry under 3 FAM 4322. If the employee is the subject of a formal investigation, the post or bureau will coordinate with the investigating authority before or in lieu of conducting an administrative inquiry. The investigating authority will generally submit its report of investigation to GTM/ER/CSD for possible disciplinary action and/or the post or bureau will submit any evidence of misconduct to GTM/ER/CSD.
3 FAM 2445 THE DIRECTOR GENERAL
(TL:PER-1152; 09-01-2023)
(State Only)
(Applies to Foreign Service Employees)
a. The Director General has the authority to direct curtailment from any assignment sua sponte.
b. If the curtailment is not based on a request by a bureau or post, the Director General will notify the employee of the reasons for the curtailment and will give the employee an opportunity to submit comments within two business days.
c. 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.
3 FAM 2446 THROUGH 2449 UNASSIGNED