3 FAM 7170
EMPLOYMENT OF LE Staff at posts IN SUSPENDED OPERATIONS
(CT:PER-1162; 11-17-2023)
(Office of Origin: GTM/OE)
3 FAM 7171 OVERVIEW
(CT:PER-1116; 12-06-2022)
(Uniform State/USAID/Commerce/Agriculture)
(Applies Locally Employed Staff Only)
a. The Bureau of Global Talent Management, Office of Overseas Employment (GTM/OE), maintains the Department policy on the Employment of Locally Employed (LE) Staff at Posts in Suspended Operations.
b. Prior to entering suspended operations, post management must notify their regional bureau and GTM/OE.
c. As under all operational postures, post management must ensure that all personnel policies are applied consistently and equitably while under suspended operations.
3 FAM 7172 Definitions
(CT:PER-1116; 12-06-2022)
(Uniform State/USAID/Commerce/Agriculture)
(Applies Locally Employed Staff Only)
Suspended Operations: A term used to denote a post, embassy, or consulate that has ceased operating. During this period, U.S. direct hire (USDH) personnel are usually removed from post (often evacuated). It is possible that some LE Staff may remain working on premises to maintain the facilities. Diplomatic relations with the host government are usually maintained under suspended operations; it is not a revocation of diplomatic relations with the host country.
Caretaker LE Staff: LE Staff expected to perform mission-critical duties as assigned either by a USDH supervisor acting in absentia, an LE Staff supervisor, and/or third-party personnel as outlined in a protecting power or similar agreement while the post is under suspended operations.
Non-Caretaker LE Staff: LE Staff who are not designated as Caretaker LE Staff upon commencement of suspended operations.
3 FAM 7173 Determination of LE Staff Needed to Perform Duties During Suspended Operations
(CT:PER-1162; 11-17-2023)
(Uniform State/USAID/Commerce/Agriculture)
(Applies Locally Employed Staff Only)
a. Before operations are suspended at a post or as soon thereafter as feasible, the Chief of Mission or his/her designee(s) should determine which duties, if any, must continue during suspended operations and which LE Staff, if any, will be needed to continue to perform such duties at post. In making these determinations, the Chief of Mission or his/her designee(s) should consider:
(1) The security environment at the post and in the locations surrounding the U.S. mission to ensure that LE Staff who may be asked to continue to work during suspended operations can reasonably be expected do so in a relatively safe manner;
(2) Whether the performance of certain duties are contingent on the presence of a USDH supervisor and/or the embassy/consulate being in a full or partial state of operation; and
(3) Whether there is sufficient supervisory oversight on the performance of the duties.
(4) Based on the EAC's recommendation, whether some or all LE Staff should retain access to unclassified Department information systems to perform their duties after all USDH depart, including OpenNet. Post’s EAC should consider whether access could elevate risk to LE Staff and/or protected information, determine how IRM will facilitate secure access, and submit the remote access plan to CIWG for review. The CIWG must review post's remote access plan and consider the following risk assessment information within the context of the operating environment compelling post to suspend its operations: (1) risk of unauthorized access to Department systems; (2) risk to LE Staff; (3) risk to protected information; and (4) risk assessment information from the RSO (in coordination with post's IMO and SEO, DS/IP/RD or DS/HTP/RD, DS/DO/CI, DS/CTS/CTI, and DS/C/ST/CMP, and IRM/E-CISO/GITR). The CIWG must concur or non-concur with post’s plan and report its decision via cable (see 12 FAH-10 H-174.1 paragraph a). The remote mission should reevaluate LE Staff access annually, in coordination with the CIWG.
b. Within thirty (30) calendar days from the date on which a U.S. mission is determined to be in suspended operation status, the regional bureau will submit an action memorandum to the Under Secretary of State for Management requesting approval for retention of and continuation of pay to current LE Staff (3 FAM 7174(b); 7175(b)).
3 FAM 7174 authorization of caretaker le staff
(CT:PER-1162; 11-17-2023)
(Uniform State/USAID/Commerce/Agriculture)
(Applies Locally Employed Staff Only)
a. LE Staff who will continue to work on behalf of the post during suspended operations must be designated as “Caretaker LE Staff”. Caretaker LE Staff continue to be subject to all applicable personnel policies (e.g., discipline, performance management, awards, pay increases, etc.).
b. Within thirty (30) calendar days from the date on which a post is determined to be in suspended operation status, the regional bureau will submit an action memorandum to the Under Secretary of State for Management requesting approval for retention of and continuation of pay to current LE Staff. The action memo requesting continued employment of Caretaker LE Staff must include specific information establishing the need for continued employment of and sufficient supervision over Caretaker LE Staff and should include, at a minimum, the following information:
(1) List of proposed Caretaker LE Staff, along with their respective employment sections;
(2) Duties being performed and an explanation regarding why these duties are mission essential;
(3) Confirmation of appropriate supervisory controls;
(4) The extent to which employees will regularly report to the workplace and, if not reporting to the workplace, information on how employees will be performing their duties and communicating with supervisors; and
(5) Data on those employees who may require updated work plans or job reassignments.
(6) Confirmation if the COM agreed that continued access to OpenNet or other official systems is required, how post IRM will implement that access, whether the CIWG concurred that the benefit of continued access outweigh the risks, and that a CIWG cable was transmitted (see 3 FAM 7173).
c. Retention of and/or continuation of pay to LE Staff will be subject to review every six (6) months thereafter by the Under Secretary for Management. If approved, the action memoranda will be provided to CGFS/C/PPR/LE.
d. As noted in 3 FAM 7174(a), Caretaker LE Staff are subject to applicable personnel policies (e.g., discipline and performance management) and any discipline or separation of Caretaker LE Staff should be consistent with 3 FAM 7720 and 3 FAM 7730.
3 FAM 7175 NON-caretaker le staff
(CT:PER-1116; 05-13-2021)
(Uniform State/USAID/Commerce/Agriculture)
(Applies Locally Employed Staff Only)
a. Immediately upon the determination to place post in suspended operation status, LE Staff who are not designated as Caretaker LE Staff will be temporarily placed in excused absence status (i.e., administrative leave). Placement of LE Staff into temporary excused-leave status is intended to give sufficient time for the Department to assess the situation in country and the operational needs of the U.S. mission. The placement of LE Staff into excused-leave status is not an entitlement or an assurance of continued employment. LE Staff placed in excused-leave status should be given notice of their status.
b. The action memorandum submitted in compliance with 3 FAM 7174(b) must expressly address the justification under local law and/or prevailing practice for LE Staff who have not been designated as Caretaker LE Staff to remain in excused-leave status beyond the initial thirty (30) calendar days.
c. Procedures to remove LE Staff from excused-leave status and thereafter to separate them from employment will begin in the following circumstances:
(1) After the initial thirty (30) calendar day period has elapsed, or any time thereafter, if the regional bureau has not provided justification under local law and/or prevailing practice for continued excused-leave status;
(2) If the LE Staff has permanently departed the country;
(3) If the LE Staff is engaged in any employment, including part time/intermittent employment, that is incompatible with continued employment by the U.S. government or has not followed the appropriate procedures to seek prior authorization to begin outside employment;
(4) If the LE Staff has failed to follow established check-in procedures;
(5) If there is no continued authorization by the Under Secretary for Management for retention of LE Staff; and/or
(6) Based on the needs of the Department.
This is not an exhaustive list, and there may be other reasons that would lead to an LE Staff being removed from excused-leave status. If a determination is made to remove LE Staff from excused-leave status, LE Staff will be given notice of this decision and an explanation of the separation procedures.
3 FAM 7176 SEPARATION OF NON-caretaker le staff
(CT:PER-1039; 05-13-2021)
(Uniform State/USAID/Commerce/Agriculture)
(Applies Locally Employed Staff Only)
a. Once a determination is made to remove an LE Staff from excused-leave status or to remove an employee’s position from the authorized caretaker list, separation should proceed pursuant to the U.S. mission’s Reduction in Force (RIF) policy, as modified herein, and the mission’s Local Compensation Plan (LCP).
b. Best efforts must be made to provide required notice and RIF benefits and/or severance payments, as well as other end of service benefits, if any, authorized in the LCP. These benefits will be paid out to LE Staff via the bank account on file with the Department.
c. Because all LE Staff in an excused-leave status who cannot be priority placed into a Caretaker LE Staff position will be separated, no RIF retention register is required.
d. Unless inconsistent with local law requirements, no RIF appeal process is required, and the U.S. mission should not include information about appeals in the RIF notice provided to LE Staff.
3 FAM 7177 THROUGH 7179 UNASSIGNED