UNCLASSIFIED (U)
3 FAM 7130
LE STAFF MEDICAL EXAMINATIONS
(CT:PER-1150; 08-24-2023)
(Office of Origin: GTM/OE)
3 FAM 7131 overview
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
a. Depending on the nature of their position and conditions at post, some candidates for employment at post and Locally Employed (LE) staff may be required to submit to a pre-employment and/or during employment medical examination. The limited circumstances under which these examinations may be required are outlined herein. Outside of these circumstances, candidates for employment and LE staff do not require medical examination or medical certification.
b. When conducting medical examinations for candidates and LE staff, Missions should ensure these practices are consistent with local law and prevailing local medical practices.
3 FAM 7132 MEDICAL EXAMINATIONS
3 FAM 7132.1 Pre-Employment Medical Examination
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
a. Pre-employment medical examinations for LE staff candidates will be conducted only in the following circumstances and should be conducted consistent with local law and prevailing local medical practices:
(1) If the position has a documented medical requirement, as set forth in Department policy and supported by a properly classified position description and included in the vacancy announcement. Per current Department policies, the following positions require pre-employment medical examinations:
a. Drivers (14 FAM 433.4)
b. Positions that include incidental driving duties (14 FAM 433.4)
(2) Required by local law;
(3) Required in order for the candidate to participate in a local workers’ compensation program, medical coverage, or other program under the Local Compensation Plan (LCP) or Local Social Security; or
(4) With authorization from the Bureau of Global Talent Management, Office of Overseas Employment (GTM/OE) and the Bureau of Medical Services (MED) based on a post-specific reason. GTM/OE and MED must clear prior to post implementing. This may include authorization for additional tests for contagious disease (e.g., a chest x-ray and assessment for active tuberculosis).
In all other circumstances, no pre-employment medical examination or certification is required or permitted.
b. Pre-employment medical examinations are conducted only after a conditional offer of employment has been extended, and the conditional offer of employment must state that the candidate is required to submit to a medical examination and that the failure to meet the medical requirement(s) of the position will result in the withdrawal of the conditional offer of employment.
c. Pre-employment medical examinations of U.S. citizen candidates, and actions taken as a result of such examinations, must be consistent with 3 FAM 3670.
d. If the medical examination meets one of the circumstances listed in subsection 3 FAM 7132.1(a) but would not be consistent with local law, post must seek authorization from GTM/OE prior to conducting the medical examination. GTM/OE will consult with MED, and GTM/OE will inform post of the final determination.
e. Post is not responsible for costs related to follow-on medical services that may be needed based on medical conditions discovered during the pre-employment medical examination.
3 FAM 7132.2 Tuberculosis Risk Assessment
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
All LE staff candidates who are given an offer of employment must complete a tuberculosis risk assessment. The information provided by the employee in the risk assessment may prompt the need for a medical evaluation, as determined by the qualified local physician, other qualified local health professional, or the Health Unit.
3 FAM 7132. 3 Medical Examinations During Employment
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
Medical examinations for current Locally Employed (LE) staff generally will be conducted only in the following circumstances and should be conducted consistent with local law and prevailing local medical practices:
1. To ensure the employee continues to meet the medical requirement(s) of the employee’s position, as set forth in Department policy and supported by a properly classified position description;
2. Required by local law;
3. Permitted by local law to determine entitlement to a benefit of employment (e.g., sick leave, disability benefits);
4. When needed as part of treatment of an occupational injury;
5. Required in order for an employee to continue participation in a local workers’ compensation program, medical coverage, or other program under the Local Compensation Plan (LCP) or Local Social Security; or
6. With authorization from the Bureau of Global Talent Management, Office of Overseas Employment (GTM/OE) and the Bureau of Medical Services (MED) based on a post-specific reason. GTM/OE and MED must clear prior to post implementing. This may include authorization for examination for contagious disease (e.g., a chest x-ray and assessment for active tuberculosis).
7. As needed for onboarding requirements for Health Unit clinical personnel and custodial staff. These requirements may include offering certain vaccinations or tests for immunity.
If post believes that there are other bases for conducting a medical examination during the course of employment, post should consult with GTM/OE.
3 FAM 7132.3 Requirements for All Medical Examinations
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
a. Medical examinations should be conducted by a qualified local physician or other qualified health professional and should be consistent with local law requirements and prevailing local medical practices.
b. Medical examinations must be tailored and limited to the purpose for the examination. If the medical examination is to ensure that the candidate or employee meets a medical requirement of the position, as documented in a properly classified position description, the medical examination must only test for the medical requirements at issue. For example, if the only medical standard requirement is a vision requirement, the medical examination would be limited to a vision test. When appropriate, post should use the medical exam forms maintained by MED.
c. The Regional Medical Officer (RMO) or designated Health Unit (HU) clinical staff may be consulted to assist in the selection of the local physician/health professional and, where appropriate, to support or supplement the medical examination in case of questions.
d. The U.S. Mission will contract to pay a fixed fee at a rate based on those prevailing locally for such examinations. Competitive bidding is not required; the standard prevailing fee for examinations given locally to visa applicants is used as a guide.
3 FAM 7132.4 Report to Human Resources Office
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
a. The examining physician/health professional advises the Human Resources Office (HR)of the medical examination determination. Medical examination results and all medical records should be maintained by the examining physician/health professional, not the Human Resources Office (HR). If the examining physician/health professional does not provide a clear medical examination determination to HR, HR may consult the RMO or Health Unit. HR will take appropriate employment action based on the medical determination.
b. Any medical information obtained from a medical examination, as well as any medical information voluntarily disclosed by a candidate or employee, must be treated as a confidential medical record. The information must only be shared in limited circumstances with those officials who have a need to know the information and the information must not be stored with personnel records.
3 FAM 7132.5 Failure to Meet Medical REQUIREMENTS
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
a. If a candidate for employment does not meet the medical requirements of the position, with or without a reasonable accommodation, post should withdraw the conditional offer of employment. As set forth in 3 FAM 7132.1(b), the conditional offer of employment must set out the requirement for a medical examination and the consequences of not meeting the medical requirements of the position.
b. If a current employee no longer meets the medical requirements of the position, with or without a reasonable accommodation, post has the option to consider reassigning the employee to a new position in line with GTM/OE’s priority placement policy. In some countries, local law may require an employer to consider reassignment for an employee who can no longer meet the medical requirements of his/her position. Under these circumstances post should consult with GTM/OE.
c. If post is considering a separation action based on the failure of an employee to continue to meet the medical requirements of the position, post must contact GTM/OE for guidance.
d. Any action taken with respect to a U.S. citizen LE staff and a position’s medical requirements must be consistent with Department policy published in 3 FAM 3670, or, for employees of other agencies, their relevant policy on reasonable accommodations.
3 FAM 7133 IMMUNIZATIONS AT HEALTH UNIT FACILITIES
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
Subject to such limitations as may be prescribed at post and unless the Department issues other guidance, all immunizations and titers (blood tests for immunity) authorized for U.S. direct hire employees at an overseas establishment may be extended to LE staff.
3 FAM 7134 OTHER BENEFITS
(CT:PER-1150; 08-24-2023)
(Applies to Agencies and Establishments
Under Chief of Mission Authority)
(Applies to Locally Employed Staff)
Apart from pre-employment/employment medical examinations or examinations related to occupational injuries or illnesses, LE staff are not eligible for medical benefits under section 904 of the Foreign Service Act. (For occupational injury or illness, see 3 FAM 7710, specifically 3 FAM 7712.)
3 FAM 7135 THROUGH 7139 UNASSIGNED
UNCLASSIFIED (U)