temporary acting assignment

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Policy VII-9.50-GC

Umgc policy on temporary assignments and acting appointments, explore more of umgc.

• Human Resources Policies and Procedures

(Approved by USM BOR on April 21, 2017; UMGC President on July 1, 2017) 

Purpose and Applicability

This policy establishes the authority of the University of Maryland Global Campus (UMGC) President or designee to temporarily assign duties to existing positions and/or to temporarily reassign Staff employees to those positions. This policy applies to Nonexempt, Exempt and Overseas Staff employees on Regular Status. Nonexempt Staff employees who are included in the representation of the collective bargaining unit are subject to the Memorandum of Understanding (MOU) and applicable UMGC HR Policies; where there is a conflict between the two, the MOU will prevail.

Definitions

Temporary Assignment: The action of adding or replacing job duties to an employee's existing position on a temporary basis.

Acting Appointment: The action of appointing an employee to a different position on a temporary basis, where there is a vacancy and/or operational need that is anticipated to exceed 30 consecutive calendar days.

Temporary Assignments and Acting Appointments

Based upon operational need or organizational necessity and consistent with the knowledge, skills, and abilities of the employee, the Chief Human Resources Officer (CHRO) or designee may authorize a Temporary Assignment or an Acting Appointment of an employee who meets the position's minimum qualifications. The CHRO or designee may make exceptions to the position's minimum qualifications.

Temporary Assignments

With the CHRO or designee's approval, an employee's supervisor may make Temporary Assignments to an employee's current position.

Temporary Assignments may not result in a change in title or compensation.

Acting Appointments

The CHRO or designee may appoint an employee to an Acting Appointment.

An employee in a Nonexempt position may only be given an Acting Appointment in another Nonexempt position.

Employees appointed to an Acting Appointment for more than 30 days shall receive a temporary title change and a compensation adjustment consistent with the policy on promotional reclassification.

If and when practical, the employee shall be provided with written notice of the Temporary Assignment or Acting Appointment at least five (5) working days prior to the effective date of such change.

Duration of Temporary Assignments and Acting Appointments

Temporary Assignments and Acting Appointments should normally not exceed 12 months. Additional extensions may be considered based on operational need of UMGC and exceptions may be granted only by the CHRO or designee.

Position Classification Reviews may be conducted for Temporary Assignments and Acting Appointments that last or are expected to last more than 30 consecutive calendar days.

At the end of a Temporary Assignment or Acting Appointment, an employee shall be returned to the employee's former position with the same salary and status as he/she would have had if he/she had not been temporarily reassigned with the addition of any intervening salary adjustments, which may have occurred, including any increase that would have been made to the employee's regular salary during the Temporary Assignment or Acting Appointment period.

Determination of Salary for Acting Appointments Determination of salary for Acting Appointments shall be made in accordance with VII-9.11-GC – UMGC Policy on the Pay Program and Administration for Exempt and Overseas Staff Positions and VII-9.20-GC – UMGC Policy on Pay Administration for Nonexempt Staff Employees .

Benefits During a Temporary Assignment or Acting Appointment

Benefits shall not be adjusted during Temporary Assignments or Acting Appointments.

Layoff During A Temporary Assignment Or Acting Appointment

An employee on a Temporary Assignment or Acting Appointment shall not be subject to layoff based on the employee's Temporary Assignment or Acting Appointment status.

Implementation Procedures

The UMGC President has designated the Chief Human Resources Officer (CHRO) to administer this policy; to develop procedures as necessary to implement this policy; to communicate this policy to the UMGC community; and to post the policy and any applicable procedures on the UMGC website.

Replacement for:

USM BOR VII-9.50: Policy on Temporary Assignments and Acting/Interim Appointments for Regular Status Nonexempt and Exempt Staff Employees

UMGC OS 33.00: Policy on Temporary Assignments and Acting Appointments

See all Human Resources Policies and Procedures

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Ch. 3 - Other Staffing Actions

A major objective of workforce management is to acquire the right people to do the right jobs. In order to meet the challenges of creating and maintaining highly productive and efficient organizations, agency flexibilities in filling critical leadership positions are essential. This chapter provides information about other methods, in addition to competitive appointment, that agencies may use to staff SES positions.

Noncareer Appointment Authorities

Statute: 5 U.S.C. 3134 , 3394 , and 3395

Regulations: 5 CFR 317, Subpart F

Allocating Noncareer Appointment Authorities

In addition to allocating spaces, OPM also allocates specific appointment authorities to agencies. (Noncareer appointment allocations for all components of the Department of Defense are made to the Secretary of Defense.) Adjustments in the number of SES appointment authorities are limited by law.

Under 5 U.S.C. 3134(b), the total number of SES noncareer authorities may not exceed 10 percent of the Governmentwide SES position allocation. Further, under 5 U.S.C. 3134(d), the number of SES positions in any agency filled by noncareer appointees may not exceed the greater of 25 percent of the agency’s SES allocation, or the number of positions filled on October 13, 1978 by noncareer executive assignment, or appointment to level IV or V of the Executive Schedule not requiring Senate confirmation. This limitation does not apply to agencies having fewer than four SES space allocations.

Some agencies may have a specific statutory limitation in their own legislation on the number or percentage of noncareer SES appointments that may be made in the agency. The White House may also impose a limit for any agency.

Under 5 CFR 317.601(b), each use of a noncareer appointment authority must be approved individually by OPM, and the authority reverts to OPM upon departure of the incumbent, unless otherwise provided by OPM. In this way, OPM continuously resets the number of noncareer appointment authorities in each agency, ensures that the 10 percent Governmentwide limit is not exceeded, and meets OPM’s statutory obligation to determine annually the number of noncareer allocations for each agency.

An agency initiates a request for a noncareer appointment authority by entering it into the Executive and Schedule C System (ESCS). Each request must be for a named individual to fill a specific SES General position. If the individual is currently a noncareer SES within the agency, the request is made for an SES noncareer reassignment. Otherwise, it is for a new SES noncareer appointment. The agency then uses ESCS to generate an OPM form 1652 for documentation of agency approvals. If ESCS is temporarily unavailable and the need is urgent, the agency should contact OPM (SERS) for guidance. After completing OPM form 1652, the agency forwards the form to [email protected] . To facilitate timely OPM approval, the agency should work with the Presidential Personnel Office to fulfill any preliminary vetting requirements for the prospective appointee before forwarding to OPM. OPM documents approval by faxing OPM form 1652 back to the agency, signed by the OPM approving official. An agency may only appoint the individual to the position authorized by OPM and may not do so until any previous incumbent has left. There is no provision for overlap or dual incumbency of a position.

SES noncareer appointment authorities are made on a case-by-case basis and are valid only for the individual and position for which approved.

Authorities for Appointment

Authority. An agency must have prior approval from OPM to make a noncareer appointment ( 5 CFR 317.601(b) ; 5 U.S.C. 3394(b) ). All other pertinent documentation including the form, 1652, Request for an SES Appointment Authority, should also be uploaded into ESCS by the agency. The form, 1652, Request for an SES Appointment Authority, is submitted in ESCS after appropriate agency clearances. If ESCS is temporarily unavailable and the need is urgent, the agency should contact OPM (SERS) for guidance.

Position. Appointment may be made only to a General position.

Competition. Competitive procedures are not required to make these appointments.

Qualifications. The appointing authority must determine in writing that the appointee meets the qualifications requirements for the position.

Tenure. The appointee does not have career tenure and serves at the pleasure of the appointing authority.

Reassignments

OPM Approval. An agency may reassign a noncareer appointee to a different General position only upon approval by OPM. An agency initiates a request for a noncareer reassignment by entering it into ESCS. The form, 1652, Request for an SES Appointment Authority, is submitted in ESCS after appropriate agency clearances. If ESCS is temporarily unavailable and the need is urgent, the agency should contact OPM (SERS) for guidance.

Transfer of a noncareer appointee to another agency, may be made only to a General position for which the individual is qualified. The new agency must obtain prior OPM approval of the required appointment authority in order to transfer the appointee.

In a transfer of function between agencies, noncareer appointees may be offered transfers at the discretion of both agencies but subject to the ceiling on noncareer appointments that applies to the executive agency to which the function is being transferred. Agencies must get prior approval from OPM for the transfer of appointment authorities.

Transitions and Presidential Nominees

To assist in transitions, OPM may make noncareer appointment authorities available to agencies following the inauguration of a new President, or the nomination of a new agency head. OPM must approve use of the appointing authority.

Presidential nominees may be given a noncareer appointment authority while awaiting Senate confirmation, but cannot be appointed to the target position, until confirmed by the Senate.

These individuals normally function in an advisory or consultative capacity in another position until confirmed. OPM must approve use of the appointing authority.

Change from Career to Noncareer Appointment

A career SES appointee cannot be required to accept a noncareer appointment as a condition for appointment to another SES position [ 5 CFR 317.904 ]. If a career appointee voluntarily elects to accept a noncareer appointment, the voluntary nature of the action must be documented in writing before the appointment. The documentation must be retained permanently in the appointee’s Official Personnel Folder. [See OPM’s Guide to Personnel Recordkeeping, Chapter 3 ].

If a career appointee is under regular CSRS coverage and is changing to a noncareer appointment, the individual must be informed that he or she will automatically acquire CSRS Offset coverage (CSRS plus Social Security) or FERS coverage depending on whether the individual has five years of service at the time of the action. (The action also triggers an opportunity to elect FERS coverage if the individual is not automatically covered.) The individual must also be informed that, if he or she later returns to a career SES appointment, it will not be possible to return to regular CSRS coverage without Social Security. The agency Benefits Officer can answer any questions pertaining to these provisions.

Limited Appointment Authorities

Limited term appointment and limited emergency appointment are two distinct types of SES appointment each with its own statutory criteria. They are normally not interchangeable, but for the sake of convenience we may refer to them jointly as “limited appointments” or to individuals holding either as “limited appointees” when making statements that apply to both types of appointment.

Limited Appointment Authority

5 U.S.C. 3134(e) restricts the combined number of limited term and limited emergency appointees Governmentwide to five percent of the total number of SES spaces allocated to all agencies.

Under 5 CFR 317.601(c) , each agency is provided a pool of limited appointment authorities equal to three percent of its SES space allocation, with a minimum of one authority. These authorities may be used without prior OPM approval to appoint an individual who meets the stated criteria. The pool authorities may not be used to appoint a retired SES member.

OPM approval of a limited appointment authority does not imply authorization of an additional SES position allocation. Limited term and limited emergency appointments count against the agency’s SES position allocation. An additional SES position allocation must be requested if the agency does not have an available allocation to use to appoint approved limited term or limited emergency appointees.

Agency requests for limited term and limited emergency appointment authorities are considered on an ad hoc basis upon submission of a written justification that outlines the circumstances warranting use of the authority. Agency requests for a limited term appointment are created in ESCS. Agencies must request a specific authorization from OPM for the use of each authority outside the agency’s pool, unless the agency has an agreement with OPM that authorizes the agency to make a certain number of limited appointments on its own under specified circumstances (e.g., two-year rotating assignments to bring in individuals from universities to a scientific organization within the agency). Generally, agencies are expected to exhaust their pool authorities, provided the proposed appointees meet the requirement for holding career or career- type appointments outside the SES, before requesting OPM approval of a limited term or limited emergency appointment authority.

Appointment Authorities

Authority. An agency must have prior approval from OPM to make a limited-term or limited emergency appointment ( 5 CFR 317.601(c)(2) ; 5 U.S.C. 3394(b) ), except when using its pool of delegated limited appointment authorities provided under 5 CFR 317.601(c)(1) to make a limited term or a limited emergency appointment [See Chapter 1]. A request for a limited-term or limited emergency appointment authority must be created in the ESCS. All other pertinent documentation including the form, 1652, Request for an SES Appointment Authority, should also be uploaded into ESCS by the agency. The form, 1652, Request for an SES Appointment Authority, is submitted in ESCS after appropriate agency clearances. If ESCS is temporarily unavailable and the need is urgent, the agency should contact OPM (SERS) for guidance.

Conditions Regarding Limited Appointment Authorities

The following information is provided to assist agencies in determining whether a proposed use of SES limited term or limited emergency appointment is appropriate, and if so, what information should be provided to justify the request.

Pool. By regulation ( 5 CFR 317.601(c)(1) ), each agency is provided a pool of limited appointment authorities equal to three percent of its SES space allocation, or one authority, whichever is greater. An agency may use these authorities only to make a limited term or limited emergency SES appointment of an individual who holds a career or career-conditional appointment (or an appointment of equivalent tenure) in a permanent civil service position outside the SES. The agency must notify OPM of the appointment by entering the incumbency information into OPM’s Executive and Schedule C System. OPM may suspend the pool authority if necessary, either Governmentwide or for an individual agency, e.g., if the agency does not make appointments from the pool in accordance with statutory and regulatory provisions.

Staffing. When filling an SES position by limited-term or limited emergency appointment, an agency is not required to hold a competition or even announce the position is available. Also, QRB review of the appointee’s qualifications is not required. Agencies must request OPM approval when proposing to make a limited term or limited emergency appointment under the following circumstances:

• Prospective appointee is not a civil service employee, or is a civil service employee but does not hold a career or career-conditional appointment (or an appointment of equivalent tenure) in a permanent civil service position outside the SES.
• Prospective appointee meets the criteria for limited appointment by the agency under 5 CFR 601(c)(1) (i.e., holds a career or career-conditional appointment or an appointment of equivalent tenure in a permanent civil service position outside the SES), but all of the agency’s pool authorities are in use.

Time limit. A limited term appointment authority (LTA) may not exceed three years. A limited emergency appointment authority (LEA) may not exceed 18 months. An individual serving on a limited appointment may not be appointed to, or continue to hold, a position under such an appointment if, within the preceding 48 months, the individual served in the aggregate more than 36 months under any combination of limited term or limited emergency appointments.

Extension. A limited appointment is nonrenewable. If an agency makes an appointment for less than the period authorized by OPM, the agency may extend the appointment to that period but only if the agency does so before the initial appointment expires. An SES member whose limited appointment expires may not be reappointed to the position. For example, if OPM authorizes a limited term appointment for a period of 24 months and the agency makes an initial appointment of 12 months, the agency may extend the appointment up to an additional 12 months. The total appointment length including the extension equals the original 24 months approved by OPM. If an agency needs to ask OPM to extend the time period originally authorized by OPM, the agency must do so well before the appointment expires. The request should be based upon factors that were not anticipated when the limited appointment was approved. If OPM approves, the agency may only extend if the individual’s appointment has not expired. In no case may the appointment exceed the applicable statutory time limit.

Termination. A limited appointment terminates automatically at the end of the appointment period authorized by OPM but may be terminated by the agency at any time. [See Chapter 8 on Removals for information on termination actions other than expiration of appointment for noncareer and limited appointees.] When a limited appointee has served the length of the appointment, the appointee is given an SF-50 notification. An agency may give any amount and type of additional advance notification.

Right of return. After termination, an appointee on an LTA is entitled to be placed in his/her former position or a position of like status, tenure, and grade if:

• the limited appointment was made without a break in service from a career or career-conditional appointment or an appointment of equivalent tenure (see 5 CFR 102 ) the individual held in the same agency in a permanent civil service position outside the SES; and
• the limited appointment is terminated for reasons other than misconduct, neglect of duty, or malfeasance. Note, however, that a limited appointee with such a return right would normally have access to adverse action procedures that apply to career SES appointees (see 5 CFR 752.601(c)(2) and Chapter 8).

Provisional appointment. Under 5 CFR 316.403(a) , an agency is authorized under certain circumstances to designate a temporary appointment of one year or less as “provisional” to make the appointee eligible for life insurance, health benefits, and retirement coverage. When OPM grants an SES limited appointment authority for one year or less for an appointee who is to be converted to a non-temporary appointment upon completion of such further action as required, e.g., Presidential Appointment with Senate Confirmation (PAS), OPM normally specifies that the appointment is considered provisional; however, see also 5 CFR 317.602(a) . Provisional designation is generally not needed for appointments of more than 1 year in which an appointee is eligible for life insurance, health benefits and retirement coverage.

SES Limited Appointment Examples

5 U.S.C. 3132(a)(5) states that a limited term appointee is an individual appointed under a nonrenewable appointment for a term of three years or less to a Senior Executive Service position the duties of which will expire at the end of the term. 5 U.S.C. 3132(a)(6) states that a limited emergency appointee is an individual appointed under a nonrenewable appointment for a term of 18 months or less to a Senior Executive Service position established to meet a bona-fide, unanticipated, urgent need. Therefore, in addition to showing that a position’s duties support SES, it is necessary for an agency requesting an SES limited appointing authority to explain why those duties will expire at the end of the requested term.

It is important to note, because limited appointments are made without competition, if an agency grants an SES limited appointment and later holds a merit competition to fill the same position or a successor position by career appointment, the limited appointee will appear to have been given an unfair competitive advantage. In such circumstances, an agency should anticipate OPM will conduct a merit staffing review.

Over the years, OPM has reviewed and approved agency requests for SES limited term appointment in circumstances such as the following:

• A statute requires a new program to be established and its mission completed within a period of less than three years.
• A statute or other external factors require a program to be terminated within a three-year period and the last career SES program leader has departed, leaving a new program leader three years or less to close program operations.
• The position is established to oversee a project that has a defined end-date within three years. 
• A program or mission normally led by a GS-15 requires an SES leader to address new and substantially increased but time limited challenges, e.g., to accomplish a major turnaround or restructuring due to adverse findings from a program audit. This assumes the challenge is reliably determined to be subject to resolution within three years after which the program will be led by an employee at GS-15 or below, i.e., the duties requiring SES leadership will end and there will be no SES successor position. (If it is anticipated continuing leadership will be at the SES level, an SES limited term appointment is not appropriate. The agency should recruit for a career SES leader at the beginning.)
• Such a need may arise due to a career executive’s absence for reasons such as a detail (e.g., intra-agency, inter-agency, international organization, IPA), a sabbatical, a developmental assignment, or similar circumstances in which a career appointee continues to hold a position and will return to it in three years or less but is not available to perform its duties.
• It will normally not be possible to use this approach if the absent executive’s position of record is career reserved ( 5 CFR 402 ), because a temporary position performing the same duties must also be career reserved and a limited term appointment may only be made to a general position. SES limited appointment would only be possible if the temporary position could be structured to remove duties that require career reserved designation without also eliminating the basis for establishing the position as SES, (i.e., classifiable above GS-15 and meeting the SES functional criteria).
• This approach is appropriate only so long as the career appointee continues to encumber the continuing position and will be returning to it within three years. If the career appointee is reassigned to another SES position or leaves the agency, the agency should abolish the temporary position and end the limited appointment. The agency may still detail a non-SES employee under 5 CFR 317.903 to the continuing position.
• An agency mission requires periodic or occasional time-limited employment in SES positions of individuals from outside government who are uniquely qualified to make critical contributions to the agency’s mission, but are not otherwise available for federal service due to their career paths and professional commitments. Appointment should be made to a time limited SES general position distinct from the agency’s continuing positions. In addition to the position’s duties and responsibilities, the position description should focus particularly on results expected from the position, the unique qualifications necessary to achieve those results, and the anticipated impact on program goals, objectives or mission beyond what could be accomplished through agency employees or other staffing methods.

For example, an agency may request a limited term authority to appoint a non-Federal Intergovernmental Personnel Act (IPA) assignee to an SES general position the duties of which will expire within a three-year period.

Required Documentation for Limited Appointment Requests

Agencies needing to request a limited appointment authority should submit the following documents to OPM:

• A letter from agency appointing authority requesting SES limited appointment (term or emergency), identifying the position, organizational location, and why the authority is needed. Additionally, for limited term requests the agency’s objective basis for concluding that the duties of the position will expire by the end of the requested term (not exceeding three years);
• A request (OPM Form 1652) created in the Executive and Schedule C System (ESCS);
• The position description that lists the duties and shows the duties expire during a period not to exceed three years;
• The proposed appointee’s current resume; and
• The applicable agency organizational chart.

OPM Approval. Subject to the expiration date specified by OPM, an agency may reassign a limited term or limited emergency appointee without prior OPM approval, but only to a General position that meets the same statutory criteria under which OPM authorized the original appointment ( 5 CFR 317.604(b) ). OPM must be notified of the reassignment and the agency must document the change of position in ESCS.

Transfer of a limited appointee to another agency, may be made only to a General position for

which the individual is qualified. The new agency must obtain prior OPM approval of the required appointment authority in order to transfer the appointee.

In a transfer of function between agencies, limited appointees may be offered transfers at the discretion of both agencies but subject to the ceiling on noncareer appointments that applies to the executive agency to which the function is being transferred. Agencies must get prior approval from OPM for the transfer of appointment authorities.

Details of Limited SES Employees

An agency may detail an SES limited term appointee to a different SES general position the duties of which will expire at the end of three years or less.

An agency may detail an SES limited emergency appointee to a different SES general position established to meet an urgent, unanticipated, bona-fide need.

An agency may not detail an SES limited appointee to a position that does not meet the same conditions that supported OPM approval of the limited term or limited emergency appointment authority, as applicable. In that event, the statutory basis for the SES limited appointment would disappear and the appointment would need to be terminated. This does not preclude a reasonable, temporary “acting” assignment, e.g., during the short term absence of another executive, that does not become the individual’s new continuing assignment or prevent his or her timely return to the SES position and completion of the tasks for which SES limited term appointment was approved.

Intergovernmental Personnel Act (IPA) Assignments

The Intergovernmental Personnel Act (IPA) provides for IPA assignments to or from state and local governments, institutions of higher education, Indian tribal governments and other eligible organizations (as defined in the Act) in order to facilitate cooperation between the Federal Government and those non-Federal entities through the temporary assignment of skilled personnel ( 5 U.S.C. 3374 and 5 CFR Part 334 ).

IPA Assignment of a Career SES Member to Non-Federal Entity

An agency may enter into an agreement for a career SES member to serve in a position in a covered non-Federal entity. The executive may be detailed to the assignment or placed on leave without pay and appointed by the receiving organization during the assignment.

[See also Chapter 7, Executive Development , concerning IPA assignments for SES members.]

Appointment of a Non-Federal IPA Assignee to an SES General Position

An agency may enter into an agreement providing for appointment of a non-Federal IPA assignee to an SES general position, but the IPA appointing authority provided in 5 U.S.C.  3374(a)(1) may not be used for that purpose. The agency may request an SES limited term appointment authority from OPM to appoint an IPA assignee to a position the duties of which will expire within a three-year period. If an agency requests limited term authority to appoint an IPA assignee to such a position for only two years and later decides to extend the individual, OPM can authorize an extension of not more than one year. The agency must submit its request in time for OPM to approve and the agency to extend the IPA assignee’s appointment before it expires because an SES limited appointment is nonrenewable. Also, an individual may not serve more than 36 months during any 48-month period under any combination of SES limited term or limited emergency appointments.

Detail of a Non-Federal IPA Assignee to an SES General Position

Alternatively, an agency may enter into an agreement under which a non-Federal IPA assignee is deemed on detail to a Federal agency ( 5 U.S.C. 3374(a)(2) ). An IPA agreement providing for the IPA assignee to be deemed on detail to an SES general position under this provision is not subject to restrictions in 5 CFR 317.903. However, an IPA assignee serving in a GS-15 position, whether by detail or appointment, may only be detailed to an SES position subject to 5 CFR 317.903 . This does not preclude amendment of an IPA agreement to provide for assignment to an SES position.

To assist in transitions, OPM may make limited term appointment authorities available to agencies following the inauguration of a new President, or the nomination of a new agency head. OPM must approve use of the appointing authority.

Presidential nominees may be given a limited term appointment authority while awaiting Senate confirmation, but cannot be appointed to the target position, until confirmed by the Senate.

Change from Career to Limited Appointment

A career SES appointee cannot be required to accept a limited appointment as a condition for appointment to another SES position [ 5 CFR 317.904 ]. If a career appointee voluntarily elects to accept a limited appointment, the voluntary nature of the action must be documented in writing before the appointment. The documentation must be retained permanently in the appointee’s Official Personnel Folder. [See OPM’s Guide to Personnel Recordkeeping, Chapter 3 ].

If a career appointee is under regular CSRS coverage and is changing to a limited appointment, the individual must be informed that he or she will automatically acquire CSRS Offset coverage (CSRS plus Social Security) or FERS coverage depending on whether the individual has five years of service at the time of the action. (The action also triggers an opportunity to elect FERS coverage if the individual is not automatically covered.) The individual must also be informed that, if he or she later returns to a career SES appointment, it will not be possible to return to regular CSRS coverage without Social Security. The agency Benefits Officer can answer any questions pertaining to these provisions.

Similarly, some agencies had statutory authorities prior to CSRA that authorized scientific or professional positions outside the General Schedule that were not expressly repealed by the CSRA. Under 5 U.S.C. 3104 , the Director, OPM is given authority to determine the maximum number of such positions that may be established in any agency, accordingly those authorities are no longer used to establish such positions.

Agencies covered by the Senior Executive Service that seek approval of new statutory authorities that would conflict with the definition of an SES position 5 U.S.C. 3132(a)(2) should include the statute language specifying that the authority applies notwithstanding 5 U.S.C. 3132(a)(2) .

Similarly, agencies seeking approval of statutory authorities that would conflict with the OPM Director’s authority under 5 U.S.C. 3104 to establish the maximum number of scientific and professional positions that may be established outside the General Schedule in any agency should include language specifying that the authority applies notwithstanding 5 U.S.C. 3104.

Career Reassignments

Statute: 5 U.S.C. 3395

Regulations: 5 CFR 317.901

This section applies to the movement of a career appointee from one SES position to another SES position within an executive agency, a military component, or department. An executive agency is an executive department (e.g., Commerce) or an independent establishment (e.g., General Services Administration). The military components are Army, Navy, and Air Force. The rest of the Department of Defense (DoD) is treated as one agency. (Movement of SES members between executive agencies is a transfer. See Career Transfers later in this chapter.)

A career appointee may be reassigned to any SES position for which the appointee is qualified provided all conditions below are met. There is no prohibition on reassigning a career appointee during the probationary period.

Non-Geographic Reassignments. An agency must give a career appointee a written notice at least 15 calendar days before the effective date of the reassignment. The agency is encouraged to consult with the appointee before giving the written notice and the appointee may voluntarily waive the notice. The waiver must be in writing and be retained as a temporary record in the Official Personnel Folder.

Geographic Reassignments (i.e., to another commuting area). An agency must first consult with an appointee on the reasons for and the appointee’s preferences about the proposed reassignment. Congress stated in the section analysis for Pub. L. 98-615 of November 8, 1984 , that “the basic premise of the SES is to foster position and geographic movement when in the best interest of the agency.” Following consultation, the agency must provide the appointee a written notice at least 60 calendar days before the effective date of the reassignment. The notice must include the reasons for the reassignment. The appointee may voluntarily waive the notice. The waiver must be in writing and be retained as a temporary record in the Official Personnel Folder.

Change of Duty Station that is Not a Reassignment. A career appointee’s position may be moved from one geographic location to another (i.e., performing the same job but in a different location). An agency must apply the rules for geographic reassignments above.

Failure to Accept a Directed Reassignment

Failure to accept a directed reassignment makes an individual subject to removal under adverse action procedures. If separation is for failure to accept reassignment to a different commuting area, the individual is entitled to discontinued service retirement (if eligible) or severance pay (if eligible), unless a memorandum of understanding or other written agreement provides for such geographic reassignments. For example, if a mobility agreement is accepted at the beginning of the SES member’s service, he or she is not eligible for discontinued service retirement if the member later declines a position outside the commuting area. However, if the mobility agreement is added after the SES member is in the position and he or she declines the position outside the commuting area, the member would be eligible for discontinued service retirement. [See Chapter 8 for information on Removals .]

Moratorium on Involuntary Reassignments

Statute: 5 U.S.C. 3395(e)

Regulations: 5 CFR 317.901(c)

To prevent peremptory reassignments by new appointees without adequate knowledge of the individuals involved, the law provides that an agency may not involuntarily reassign an SES career appointee filling either a career reserved or general position:

• within 120 days after an appointment of the head of the agency; or
• within 120 days after the appointment in the agency of the career appointee’s most immediate supervisor who is a noncareer appointee and has the authority to make an initial appraisal of the career appointee’s performance under 5 U.S.C. Chapter 43, subchapter II .

An appointee may voluntarily accept a reassignment during the moratorium but must agree in writing before the reassignment can occur. The agreement should be retained as a temporary record in the Official Personnel Folder.

Details during the moratorium. In calculating the 120-day moratorium, the agency must not count any days (not to exceed a total of 60) during which the career appointee is serving on a detail or other temporary assignment apart from the appointee’s regular position. The moratorium provision does not restrict the total length of a detail, which may exceed 60 days. Details should not be used to circumvent the 120-day moratorium. Any detail during the moratorium should be made only when there is clear, bona-fide need. [Information on details is provided later in this chapter.]

Definitions. “Head of the agency” means the head of an executive department (e.g., Treasury), a military department (e.g., Army), or an independent establishment (e.g., General Services Administration). It does not mean the head of a component within an agency (e.g., Internal Revenue Service in Treasury).

“Noncareer appointee” is defined in 5 CFR 317.901(c)(1)(ii) as an SES noncareer or limited appointee, a Schedule C appointee, or an appointee in an Executive Schedule or equivalent position that is not required to be filled competitively. (Commissioned officers of the uniformed services are not considered noncareer appointees.)

“Most immediate supervisor” refers to the noncareer appointee who is closest to the career executive in the supervisory chain and who has the authority identified in statute as the basis for initiating the moratorium.

• For the 120-day moratorium on reassignments, it is the noncareer appointee closest to the career executive in the supervisory chain who has authority to make an initial appraisal of the career appointee’s performance ( 5 U.S.C. 3395(e) ). This does not mean a supervisor who functions solely as the reviewing official or final rater.
• For the 120-day moratorium on removals, it is the noncareer appointee closest to the career executive in the supervisory chain who has the authority to remove the career executive ( 5 U.S.C. 3592(b) ).

“Initial appraisal” means the initial summary rating of the career appointee’s performance made by the supervising official (normally the immediate supervisor) as part of the annual performance appraisal process [information on performance appraisals in Chapter 5]. It does not include a recommendation by a higher-level reviewer or the annual summary rating made by the appointing authority.

Applying the Moratorium

New Agency Head. The appointment of a new agency head (including a recess appointment) always initiates the 120-day moratorium throughout the agency, and an action may not be taken by another official even if that official has been in office more than 120 days.

New noncareer supervisor. A moratorium initiated by the appointment of a noncareer supervisor applies only to those career appointees for whom the supervisor gives the initial performance appraisal. It does not apply to other career appointees, even if the noncareer appointee is their higher-level supervisor and functions as a reviewing official or final rater, or has the authority to reassign them.

If a moratorium is initiated by the appointment of a noncareer supervisor, an involuntary reassignment action may not be taken by the agency head even if the agency head has been in office more than 120 days.

“Acting” designations. The designation of an “acting” agency head or noncareer supervisor (e.g., by a detail or when a deputy acts in the position) is not legally an appointment (except in the case of a recess appointment). Therefore, the statutory moratorium is not technically applicable. However, the agency at its discretion may provide in its instructions that it will apply the moratorium on involuntary reassignments in such situations. If the individual later receives a permanent appointment to the position without a break in service, any days spent under an agency applied moratorium in an acting capacity shall be counted toward the 120-day moratorium on involuntary reassignments initiated by the permanent appointment ( 5 CFR 317.901(c)(5) ). However, an agency may not count time served by an individual in an acting capacity toward the 120-day moratorium on involuntary removals (See 5 CFR 359.406 ; 5 CFR 359.503 ).

Reassignment based on performance. When an executive is reassigned as a result of an Unsatisfactory performance rating under 5 U.S.C. 4314(b)(3) , the 120-day moratorium does not apply if the final performance rating was issued before the appointment that initiated the moratorium. When a final rating of Unsatisfactory has already been issued, the reassignment may proceed even if a new agency head or noncareer supervisor (with authority to make an initial appraisal) is subsequently appointed. However, any moratorium that is already underway at the time the final Unsatisfactory rating is issued must be allowed to run its course before the reassignment action can be taken.

Reassignment notice. The 15- and 60-day advance notices pertaining to reassignment may run concurrently with the 120-day moratorium. However, if the advance notice is issued after the moratorium begins, an involuntary reassignment may not be effected until the moratorium ends. ( 5 CFR 317.901(d) ).

If an advance notice is issued before the moratorium begins but the notice has not yet expired, the involuntary reassignment may be effected at the end of the notice period even if the moratorium has not ended. However, it would not be appropriate for a proposed agency head or noncareer supervisor to have some other official issue a reassignment notice before appointment to avoid application of the moratorium. The action needs to be taken independent of the incoming agency head or noncareer supervisor.

Realignments. The 120-day restriction does not apply to realignment, which is the movement of an employee and the employee’s position when a transfer of function or an organization change occurs within the same agency and there is no change in the employee’s position.

Abolishing positions. The 120-day restriction does not preclude the abolishment of a position during the moratorium. For example, a position could be abolished, and the incumbent could elect immediate discontinued service retirement, if all eligibility requirements are met, or agree to an immediate voluntary reassignment. However, the incumbent could not be involuntarily reassigned until the 120 days have elapsed.

Information about the 120-day moratorium on removals ( 5 U.S.C. 3592(b) ) is provided in Chapter 8

Career Transfers

Statute: 5 U.S.C. 3395(a) and 3595(e)

Regulations: 5 CFR 317.902

This section applies to the movement of a career appointee between executive agencies and/or military departments (Army, Navy, and Air Force). (Movements of SES members within executive agencies or military departments are reassignments and are covered in the previous section on Career Reassignments.)

A career appointee may be transferred only with the consent of the appointee and the gaining agency, except where there is a transfer of function between agencies. This provision is not intended to restrict the statutory authority of the Secretary of Defense under Title 10 of the U.S. Code in the matter of transfers between major DoD components specifically directed by the Secretary.

Transfers may be noncompetitive; however, the appointee must meet the qualification requirements of the position to which transferred.

Transfer of Function

A career appointee affected by a transfer of function between agencies has rights comparable to a competitive service employee, as provided in 5 U.S.C. 3595(e) . Therefore, the appointee is entitled to transfer with the function if the only alternative upon remaining in the losing agency would be removal through reduction in force. [For information about competitive service provisions on transfer of function, see 5 CFR part 351, Subpart C .]

A career appointee who fails to accompany a transfer of function may be removed from the SES and the Federal service under 5 CFR part 752, Subpart F. [Chapter 8, Removals .] As an alternative to removal, the agency losing the function may reassign the appointee to another SES position in a different function.

Statute: 5 U.S.C. 3341

Regulations: 5 CFR 317.903

A “detail” is the temporary assignment of an SES member to another position (within or outside of the SES) or the temporary assignment of a non-SES employee to an SES position, with the expectation that the employee will return to his/her regular position at the end of the period. A detail may be mandated by an agency. For purposes of pay and benefits, the employee continues to be the incumbent of the position from which he or she is detailed. Details may be made within the employing agency or negotiated between agencies. In either event, the provisions of section 317.903 apply.

Details to SES Positions

Details of career SES members should not be used to circumvent the advance notice requirement for reassignments, or the 120-day moratorium on involuntary reassignments following the appointment of a new agency head, or noncareer supervisor. Any detail during these periods should be made judiciously and only when there is a clear, bona-fide need for the individual to serve in the position. The agency should document the reasons for the detail.

Details of Non-SES Employees to SES Positions (and vice versa)

CSRA created the Senior Executive Service as a new “service” separate and apart from the two existing services (competitive and excepted). Therefore, details of non-SES employees to SES positions and details of SES employees to non-SES positions should be kept to an absolute minimum and strictly controlled. For purposes of pay and benefits, the employee continues to encumber the position from which detailed. An employee may not receive pay in addition to the pay of his or her position for performing the duties of another position ( 5 U.S.C. 5535(b) ).

The duties of a vacant SES position may be restructured temporarily to an appropriate level outside the SES. The agency may then detail or temporarily promote a non-SES employee to the restructured position subject to applicable rules, e.g., 5 CFR 300.301 , 5 CFR 335.103 , and 5 CFR 302 . If the position cannot be restructured to remove it from the SES, an agency should make sure that the detail authority is used judiciously. If the duties of an SES position must be performed by detail for an extended period, the agency should consider rotating several qualified employees through the position.

Details should not be used as a means of providing a specific non-SES employee the opportunity to acquire the qualifications required for entry into the SES (other than in accordance with an OPM-approved SES candidate development program).

Details of SES employees to non-SES positions below the SES level are generally considered to be an inappropriate use of executive talent.

Other Details

For details to non-Federal organizations, see the IPA provisions of 5 U.S.C. 3371-3375 and   5 CFR 334 .

For details to the White House and its organizational components, see 3 U.S.C. 112. For details to international organizations, see 5 U.S.C. 3343 and 5 CFR 352 Subpart C.

For details to foreign governments, see 22 U.S.C. 2387 ; contact the Agency for International Development.

For details to congressional committees, see Chapter 12 of the U.S. Government Accountability Office Report on Principles of Federal Appropriations Law, Third Edition, Volume III .

For vacant positions that are required to be filled by Presidential Appointment with Senate confirmation, see the Federal Vacancies Reform Act of 1998 . The Department of Justice has issued extensive guidance on the Act.

Initial details and extensions within a department or agency must be made in accordance with 5 U.S.C. 3341 and 5 CFR 317.903(b)(1) , which authorize details in increments of no more than

120 days. Although this requirement does not apply to details between departments and agencies, such details should be reviewed periodically to assure that they are still appropriate.

To Career Reserved positions. Only career SES employees and career-type non-SES employees may be detailed to a Career Reserved position. Any SES employee or non- SES employee may be detailed to a General position. A noncareer SES employee may not be detailed to a competitive service position.

To Unclassified Duties. Agencies cannot detail an SES member to unclassified duties for more than 240 days. For a longer detail, the agency must determine whether the duties are at the SES level. If the duties are at that level, the agency has the option of formally establishing an SES position and continuing the detail. If the duties are determined to be GS-15 or below, or equivalent, 5 CFR 317.903(b)(4) requires OPM approval for any extension.

It is not appropriate to detail an SES member to a series of different positions with unclassified duties or at the GS-15 or equivalent level or below in order to “restart” the 240-day clock. This circumvents the purpose of the 240-day limit.

For more than 240 days. An agency must use competitive procedures when detailing a non-SES employee to an SES position for more than 240 days. An agency may apply its competitive procedures under 5 CFR part 335 or 5 CFR part 317 subpart E or comparable procedures devised by the agency; however, it is not necessary to open competition outside the agency. Since details of non-SES employees to SES positions should be kept to a minimum and must be made in increments of not more than 120 days, competition should normally be deferred until it becomes evident there will be a need to exceed 240 days. Even then, competition is only required if a non-SES employee whose selection would result in a detail exceeding 240 days is under consideration. Competition would not be required to detail a different individual to the position. However, competition is not required to detail an employee for more than 240 days who is eligible for noncompetitive career SES appointment, e.g., is a QRB certified SESCDP graduate or eligible for reinstatement under 5 CFR 317 subpart G .

It is not appropriate to detail a non-SES employee to an SES position and intentionally create a break before completing 240 consecutive days to “restart” the 240- day clock. This circumvents the purpose of the 240-day limit.

OPM Approval. In addition to competitive procedures, OPM approval is required for a detail of more than 240 days if a non-SES employee is being detailed to an SES position that supervises other SES positions. Since this could enable a non-SES employee to appraise, rate, discipline and remove career senior executives, presumably with adverse impact on morale, an agency must present a compelling case. Approval will be rare and for not more than 120 days. OPM approval and competition are not required if the individual is in an SES-type system and is covered by an SES interchange agreement, as described in Chapter 12. An agency requesting OPM approval for a detail should submit the following documents to OPM, Senior Executive Services and Performance Management, Senior Executive Resources Services:

• A letter from the agency official requesting extension/approval of the detail;
• A detailed written justification outlining the circumstances requiring the extension, including the proposed number of days up to a maximum of 120 days;
• A written description of how the position’s duties have been performed since it became vacant and alternatives the agency considered before requesting the extension; and
• The applicable agency organizational chart and the name and appointment type of the official who would supervise the employee on detail.

OPM approval is also required for a detail of more than 240 days if an SES employee is being detailed to a non-SES position at GS-15 or below, or equivalent. The agency would need to submit a letter from the agency head and detailed written justification making a compelling case why such a detail is needed.

Funding. In the absence of a specific statute authorizing non-reimbursable details, normally both intra-agency and inter-agency details between positions covered by different appropriations, must be made on a reimbursable basis. GAO has identified limited circumstances in which non-reimbursable interagency details may be considered:

• Details involving a matter similar or related to matters ordinarily handled by the loaning agency and will aid the loaning agency in accomplishing a purpose for which its appropriations are provided;
• Details for brief periods when necessary services cannot be obtained, as a practical matter, by other means and the numbers of persons and cost involved are minimal; and
• Details involving an agency faced only with the choice of implementing such details or carrying out a reduction in force.
• When considering a non-reimbursable detail, it is recommended that the agency’s Office of General Counsel be consulted. [See 64 Comp. Gen. 370, B211373, March 20, 1985 .]

There is no requirement to give an executive advance notice of a detail. However, appropriate notice should be provided when possible, particularly for details to positions outside the commuting area.]

Effect of Moratorium on Details

The law provides that, in calculating the 120-day moratorium, any days (not to exceed a total of 60 days) during which the career appointee is serving on a detail or other temporary assignment apart from the appointee’s regular position are not counted. The moratorium provision does not restrict the total length of a detail, which may exceed 60 days.

If a career appointee is detailed during the moratorium, or is already on detail at the start of a moratorium, the first 60 days of the detail (or any combination of details) do not count against the 120 days. For example, if the employee is placed on a 90-day detail, the first 60 days would be added to the 120 days, and the moratorium would last 180 days. Although there is no limit on the total length of a detail during the moratorium, any detail during the moratorium must meet the detail requirements in the regulations. It also should be made judiciously and only when there is clear, bona-fide need. Details should not be used to circumvent the 120-day moratorium.

Documentation

An SF-50 or -52 must be filled out:

• if the detail is expected to last 120 calendar days; or
• if the detail is over 30 days and is from a GS-15 or lower position (or equivalent), to an SES position.

However, an SF-50 or -52 is not required if the detail is to an identical position or the detail is from one SES position to another and the occupational series and basic duties are the same as the employee’s current position.

Reinstatement of the SES

Statute: 5 U.S.C. 3593

Regulations: 5 CFR 317.702 and 317.703

The following conditions apply for reinstatement to the SES as a career appointee:

• Reinstatement may be based only on prior career service in the SES. Reinstatement eligibility acquired in the competitive service is not transferable to the (Similarly, a career appointment in the SES does not establish reinstatement eligibility in the competitive service.) Receipt of QRB certification is not a basis for reinstatement;
• The appointee must have successfully completed an SES probationary period or been exempt from probation (e.g., converted to the SES as a career appointee when the SES was established in 1979);
• Separation from the SES must not have been for reasons of performance, for disciplinary reasons, or a resignation in lieu of removal for these reasons. However, reinstatement is permitted if separation was because of failure to accept a directed geographic move and there was no written mobility agreement;
• There is no time limit after leaving the SES for reinstatement of an eligible appointee;
• Individuals apply for reinstatement to the agency where the individual wants to work, not to OPM;
• Reinstatement may be noncompetitive or agencies may apply merit staffing procedures at their discretion;
• The agency must determine that the individual meets the qualifications requirements of the position to which reinstated, but the individual need not receive a new QRB certification; and
• If the reinstatement is of a reemployed annuitant, the Standard Form 50 should indicate that the employee serves at the discretion of the appointing authority. 

Reinstatement after Presidential Appointment

This section covers reinstatement of a former SES career appointee appointed by the President to a civil service position outside the SES without a break in service from the career appointment, and who left the Presidential appointment for reasons other than misconduct, neglect of duty, or malfeasance. It does not matter whether the Presidential appointment was with or without Senate confirmation or at what level the position is compensated. Coverage includes an individual who was appointed by a Presidential designee under 3 U.S.C. 107(a) and (b) to a position in the White House Office, Office of Policy Development, or Office of Administration.

Under 5 U.S.C. 3593(b) , the individual is entitled to be reinstated to the SES as a career appointee, if he or she applies to OPM within 90 days after separation from the Presidential appointment; however, an individual may also negotiate his/her own reinstatement directly with an agency. An individual who obtains reinstatement by negotiating directly with an agency is not entitled to further assistance from OPM. [ See 5 CFR 317.703 ]

Eligibility

There must not be any break between the SES career appointment and the Presidential appointment. Intervening appointments, such as expert and consultant appointments, constitute a break and will result in loss of directed reinstatement rights.

Subsequent Presidential appointments. If an individual is serving in one Presidential appointment and receives another Presidential appointment without a break in service between the two appointments, the individual continues to be entitled to reinstatement to the SES following termination of the second appointment.

If there is an interim period between expiration of the first Presidential appointment and onset of the second (e.g., while awaiting Senate confirmation), the individual must be reinstated to an appropriate position as an SES career appointee before the effective date of the new Presidential appointment to preserve his or her reinstatement entitlement following termination of the second appointment. (Note that having received an initial Presidential appointment without a break in service makes the individual eligible for reinstatement as a career appointee under 5 CFR 317.703 while awaiting a new Presidential appointment, even if not eligible for general reinstatement due to not having completed the probationary period. See cautions stated below at Other.)

A Presidential appointee may apply for reinstatement assistance as soon as the appointee’s resignation is requested or submitted, but not later than 90 days after separation. The application must be in writing and specify the position held immediately before the Presidential appointment. There must also be an effective date for the resignation or separation, because OPM will not begin placement assistance until this date is specified.

To the extent practicable, OPM will direct reinstatement within 45 days of the date OPM receives the application for reinstatement, or the date of separation from the Presidential

appointment, whichever is later. The executive’s expressed geographic availability will be honored when possible. OPM will use the following order of precedence in directing reinstatement:

• the agency in which the individual last served as an SES career appointee before accepting the Presidential appointment;
• the successor agency to the one in which the individual last served as an SES career appointee;
• the agency or agencies in which the individual served as a Presidential appointee; and
• any other agency in the Executive branch with SES positions. 

The agency being directed to take the reinstatement action is responsible for assigning the individual to an SES position for which he or she meets the qualifications requirements.

An individual may negotiate his/her own reinstatement with an agency, rather than requesting OPM assistance.

OPM may, as appropriate, provide an additional SES allocation to an agency that is reinstating a former Presidential appointee.

Pending the reinstatement. When a Presidential appointee resigns, voluntarily or upon request, the agency in which the Presidential appointment was held, upon approval by OPM, may place the individual on a limited term or limited emergency appointment, as appropriate, to avoid a break in service pending reinstatement to a career SES appointment.

Agency Compliance

An agency must comply with an OPM order to reinstate as promptly as possible, but not more than 30 calendar days from the date of the order.

An agency must notify OPM of a reinstatement action within five workdays of the effective date of the reinstatement. The notification should be sent to Senior Executive Services and Performance Management by email or written correspondence.

An individual who declines a reinstatement ordered by OPM is not entitled to further OPM placement assistance under this section.

Separations

If an individual who is eligible for placement in the SES following a Presidential appointment decides instead to separate from the Federal service, the individual would be eligible for discontinued service retirement if otherwise covered, and if the individual meets all requirements, such as age and service requirements, for discontinued service retirement.

Probation. An individual who was serving an SES probationary period at the time of Presidential appointment is required to complete the probationary period upon reinstatement. It is important to make sure that such an individual does not lose the reinstatement entitlement of 5 CFR 317.703 due to any break in service, whether before the initial Presidential appointment or any subsequent Presidential appointment. If the entitlement is lost, the individual would not be eligible for general reinstatement under 5 CFR 317.702 due to not having finished the probationary period.

OPM notification. Agencies shall record the reinstatement action in the ESCS within five workdays.

Retention of SES Benefits Upon Certain Non-SES Appointments

Statute: 5 U.S.C. 3392(c)

Regulations: 5 CFR Part 317, Subpart H

An SES career employee who is appointed to a civil service position in the executive branch outside the SES is entitled to elect to continue certain SES benefits if either of the following conditions is met─

• The appointment is by the President, with Senate confirmation (PAS), to a civilian position in the executive branch that is outside the SES at a rate of basic pay equivalent to Executive Schedule level V (EX-V) or higher.
• The appointment is to a civilian position in the executive branch covered by the Executive Schedule, or the rate of basic pay for the position is fixed by statute at a rate equal to one of the five levels of the Executive Schedule.

Coverage does not include a position for which the minimum rate of basic pay is below EX-V and the maximum rate is at or above EX-V (e.g., senior-level positions), even though at a particular time the pay of the incumbent is equivalent to EX-V or higher. To be eligible, there must be no break in service between the SES career appointment and the non-SES appointment.

This CSRA provision is intended to encourage career appointees to serve at the highest levels of Government and to broaden the pool of individuals from which the President and heads of certain Federal agencies can choose top officials. Consistent with that purpose and

5 U.S.C. 3392(c)(1)(B) , OPM considers the opportunity to elect to retain SES benefits to continue when a former career appointee with the election opportunity in a PAS position is appointed without a break in service to a different PAS position that also meets the requirement of 5 USC 3392(c)(1) (i.e., having a rate of basic pay equal to or greater than EX-V). However, if there is a break in service between the PAS appointments, the individual must be reinstated to a career SES appointment and be appointed to the second PAS position without a break in service in order to have the election opportunity.

Neither the election of benefits described in this section nor the reinstatement rights described in the previous section apply to SES noncareer or limited appointees who receive such appointments outside the SES.

Benefits. Upon appointment, the employee may elect to retain some, all, or none of the following SES benefits: basic pay (including the aggregate limitation on pay); performance awards; rank awards; severance pay; annual and sick leave; and if elected before November 10, 1988, Social Security coverage. The appointing agency is responsible for advising affected employees of their election opportunity. The election decision must be in writing and will remain in effect no less than one year, unless the appointee leaves the position sooner.

Changes in election. After the initial election has been in effect one year, the appointee may make a change in election for the purpose of adding or dropping coverage no more than once in any 12-month period.

Basic Pay, Performance Awards, and Awarding of Ranks. An employee who elects to retain SES basic pay or eligibility for SES performance awards or awarding of Presidential ranks remains subject to the SES performance appraisal system. Although the individual is eligible to be considered for performance or rank awards, the agency has discretion to determine whether to grant them.

Retirement Coverage. Due to changes introduced by the Miscellaneous Revenue Act of 1988 ( Pub. L. 100-647 ), retirement coverage for an employee who receives a Presidential appointment with Senate confirmation on or after November 10, 1988 (the date of enactment), is determined by the position to which the employee is appointed and is not affected by any election on the employee’s part under 5 U.S.C. 3392(c) .

If the position is an Executive Schedule position listed in 5 U.S.C. 5312-17 , the employee is subject to mandatory Social Security coverage under CSRS Offset or FERS. If the employee returns to an SES position, the employee remains subject to full FICA deductions in the SES position, regardless of any election the employee made under 5  U.S.C. 3392(c) . [See Chapter 11 for information about coverage.]

If the position is not listed in 5 U.S.C. 5312-17 , the employee retains whatever retirement coverage was previously applicable under the SES career appointment, whether it was regular CSRS, CSRS Offset, or FERS.

Leave coverage. If an employee elects to retain SES leave coverage, the employee must continue both annual and sick leave coverage. See Chapter 11 for further information.

Reinstatement in the SES

Any SES career appointee who receives a Presidential appointment is entitled to be reinstated to the SES under the conditions specified in the previous section, Reinstatement in the SES. Individuals who have the opportunity to elect to retain benefits under 5 U.S.C. 3392(c)(2) in a non-SES position but who are not Presidential appointees are not entitled to reinstatement.

However, these individuals have general reinstatement eligibility if they meet the conditions of   5 CFR 317.702 , including completion of the probationary period for career appointees.

Reemployment Rights

Reemployment rights of SES members who accept certain assignments outside the SES and their agencies (e.g., to international organizations) are covered in 5 CFR part 352. Generally, the individual must have held a career SES appointment before the assignment to be entitled to reemployment, and in some instances, must have completed the SES probationary period. Restoration rights following military duty or recovery from a compensable injury are covered in 5 CFR part 353 .

• Johns Hopkins University Human Resources
• Special Pay

Acting Pay Guidelines

Acting pay may be awarded to a non-bargaining unit staff member who has temporarily assumed significant responsibilities of a higher level job. These responsibilities are usually performed in addition to a staff member’s primary duties.

• A department must consult with human resources when considering using acting pay.
• Acting pay may be awarded for assuming significant responsibilities for a higher level job for a period longer than one month  from the date a staff member is placed on acting status . Otherwise, monetary recognition of the additional effort should be made at the time of the staff member’s annual performance and salary review or through a one-time discretionary bonus / pay supplement.
• Acting pay must have a specified begin and end date, and ceases at the end of the temporary assignment.
• Nature, scope, significance and impact of responsibilities to be performed
• Length of acting assignment
• Job classification (role, level and salary range) of the higher level job
• Impact on the staff member’s primary responsibilities in the current job
• Impact on the number of hours required to complete all work assignments (does it require work beyond the standard work schedule, e.g., 37.5- or 40-hour schedule?)
• Eligibility to receive overtime payment (e.g., is the job non-exempt?)
• Acting pay related to work performed in a higher salary range will typically be based on the midpoint of the higher salary range. Internal equity with employees in the higher range job title will need to be considered.
• Acting pay will generally be awarded as a bonus/supplemental pay. The department must submit a bonus/supplemental pay ISR on a pay period basis or it can be submitted as a recurring bonus/supplemental pay for a specified time period.
• For situations where an employee is in an ‘acting’ capacity which will last one year or longer, consult with the divisional human resources office.
• For non-exempt staff, acting pay must be included in the calculation of overtime pay for the respective time period, (i.e., the base hourly rate must include the regular hourly rate plus the hourly rate for the acting pay). The overtime hourly rate is one and one-half times the adjusted base hourly rate.
• While a working job title may be used, the staff member’s classified job title and position assignment in SAP will remain unchanged.

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Instruction 300-3: Detail and Intergovernmental Personnel Act (IPA) Assignments

Material transmitted:.

Department of Health and Human Services (HHS) Instruction 300-3, Details and Intergovernmental Personnel Act (IPA) Assignments, dated 01/18/2023.

HHS-69, Intergovernmental Personnel Act (IPA) Agreement, dated 01/2023

Material Superseded:

HHS Instruction 300-3, Details and Intergovernmental Personnel Act (IPA) Assignments, dated 07/22/2022

Background:

This policy updates HHS OpDiv/StaffDiv ethics responsibilities for details and IPA assignments and establishes a requirement to use form HHS-69, IPA Agreement (2023 or later), for all IPA assignments, extensions, or modifications to ensure IPA assignments meet federal laws and regulations, including the ethics and conflict of interest statutes and regulations.

This policy is effective immediately and must be carried out by OpDiv/StaffDiv HR Centers in accordance with applicable laws, regulations, collective bargaining agreements, and Departmental policy.

Dr. Kimberly A. Steide

W. Robert Leavitt Deputy Assistant Secretary for Human Resources Chief Human Capital Officer

300-3-00 SECTIONS

300-3-10 Purpose 300-3-20 Coverage and Exclusions 300-3-30 References 300-3-40 Definitions 300-3-50 Responsibilities 300-3-60  Employee Details 300-3-70 Intergovernmental Personnel Act (IPA) Assignments 300-3-80 Reimbursable and Non-reimbursable Agreements 300-3-90 Documentation and Accountability

300-3-10 Purpose

This Instruction implements the Department of Health and Human Services (Department or HHS) policy on employee details and Intergovernmental Personnel Act (IPA) assignments.

When provisions of this policy differ from changes in applicable law or regulation, the changes in law or regulation apply.

300-3-20 Coverage and Exclusions

• Coverage . This Instruction covers employees defined under 5 U.S.C. §2105, except for those excluded below or otherwise excluded by the rules governing details and IPAs.
• Officers in the uniformed service of the U.S. Public Health Service Commissioned Corp (42 U.S.C. §204, et seq. )
• Political appointees are ineligible to serve on IPAs (i.e., Presidential Appointees with Senate confirmation (PAS), Presidential Appointees without Senate confirmation (PA), Non-career Senior Executive Service (NCSES), and Schedule C).
• PAS and PA appointees are ineligible to serve on details. (NCSES and Schedule C details are covered under Section 300-3-60 .)
• Employees of non-federal organizations who are assigned to HHS under contractual agreements, i.e., contractors.
• The provisions of this Instruction pertaining to conditions of employment of bargaining unit employees are fully negotiable in accordance with 5 U.S.C. Chapter 71, and such actions require notification to labor organizations when impacted employees are bargaining unit employees. When the provisions of this Instruction differ from the requirements contained in applicable collective bargaining agreement(s), the collective bargaining agreement takes precedence for bargaining unit employees.

300-3-30 References

• 2 United States Code (U.S.C.) §4301(i), Committee Staffs
• 3 U.S.C. §112, Details of Employees of Executive Departments
• 5 U.S.C. §7106, Management Rights
• 5 U.S.C. §2105, Employee
• 5 U.S.C. §3341, Details within Executive or Military Departments
• 5 U.S.C. §3343, Details to International Organizations
• 5 U.S.C. §3344, Details, Administrative Law Judges
• 5 U.S.C. §§3371-3376, Assignments To and From States (IPA)
• 31 U.S.C. §1301, Application (of appropriations) (i.e., the Purpose Statute)
• 31 U.S.C. §1535, Agency Agreements (i.e., the Economy Act)
• 31 U.S.C. §1536, Crediting Payments Between Executive Agencies (i.e., the Economy Act)
• 42 U.S.C. §215, Detail of Public Health Service Personnel
• 5 Code of Federal Regulations (CFR) §6.5, Assignment of Excepted Service Employees
• 5 CFR Part 300, Subpart C, Detail of Employees
• 5 CFR §317.903, Senior Executive Service (SES) Details
• 5 CFR Part 334, Intergovernmental Personnel Act
• 5 CFR §335.103, Agency Promotion Programs
• 5 CFR §§352.301-306 and 314, Detail of Employees to International Organizations
• Detail of Law Enforcement Agents to Congressional Committees , 12 Op. Office of Legal Counsel (O.L.C.) 184, 1988 WL 391014 (Sept. 13, 1988) (employee details to the Legislative Branch)
• Reimbursement of the Internal Revenue Service for Investigative Services Provided to the Independent Counsel , 12 Op. O.L.C. 233, 1988 WL 391018 (Sept. 30 , 1988 ); see also Reimbursement for Detail of JAG Corps Personnel to US Attorney’s Office, 13 Op. O.L.C. 188, 1989 WL 595823 (June 27, 1989) (reimbursement for details)
• OPM SES Desk Guide (details)
• HHS Financial Management Directives and Guidance (interagency agreements)
• HHS Travel Policy (payment of travel and transportation expenses)
• Memo from HHS Deputy Assistant Secretary for Human Resources, Delegation of Human Resources Authorities , dated May 9, 2022.

300-3-40 Definitions

• Agency . An Executive Department or Agency, as defined in 5 U.S.C. §§101 and 105 (i.e., HHS).
• Days . Calendar days.
• Detail . A temporary assignment to a different position for a specified period. A federal employee who is on detail continues to occupy their official position of record while on detail and continues to receive pay and federal benefits associated with their permanent position. At the expiration of a detail, federal employees return to their official position of record. See Section 300-3-60.
• IPA . The Intergovernmental Personnel Act (IPA) allows for the temporary assignment via a detail or temporary appointment of personnel between the federal government and state and local governments, colleges and universities, Indian tribal governments, federally funded research and development centers, and other eligible organizations defined in 5 U.S.C. §3371 and 5 CFR Part 334. At the end of an IPA assignment, federal employees return to their official position of record or are reassigned to a position of like pay and grade (5 CFR §334.107(b)). See Section 300-3-70.
• Administration for Strategic Preparedness and Response (ASPR);
• Office of Global Affairs (OGA);
• Agency for Healthcare Research and Quality (AHRQ);
• Agency for Toxic Substances and Disease Registry (ATSDR);
• Centers for Disease Control and Prevention (CDC);
• Food and Drug Administration (FDA);
• Health Resources and Services Administration (HRSA);
• Indian Health Service (IHS);
• National Institutes of Health (NIH); and
• Substance Abuse and Mental Health Services Administration (SAMHSA).

300-3-50 Responsibilities

• Immediate Office of the Secretary (IOS). HHS’ White House Liaison initiates details of Non- career SES and Schedule C political employees with OpDiv/StaffDiv HR Centers, adhering to the detail rules covered in this policy ( Section 300-3-60 ).
• Establishes Department-wide HR policy and guidance consistent with HHS and OPM policy and guidance, and all applicable federal laws and regulations.
• Submits for OPM approval requests to detail an excepted service employee to a competitive service position.
• Submits for OPM approval requests for SES details exceeding 240 days if the detail is for either: a) A non-SES employee to an SES position that supervises other SES positions; or b) An SES employee to a position at the GS-15 or equivalent level or below.
• Approves requests for details and extension of details to the White House and Congressional Committees, with the concurrence by the Assistant Secretary for Legislation, prior to the start date.
• Submits for OPM approval a request of a federal employee to participate in the IPA program more than a total of six (6) years during their federal career.
• Periodically reviews OpDiv/StaffDiv details and IPA assignments to assure conformance with HHS and OPM policy and guidance, and all applicable federal laws and regulations.
• Reviews and gives concurrence/non-concurrence on detail and extension requests to Congressional Committees.
• Notifies the Congressional Committee Chairman by letter of detail approvals.
• Reviews and gives concurrence/non-concurrence on detail requests from an OpDiv/StaffDiv Head or written designee to international organizations.
• Obtains concurrence by the HHS Secretary to request Secretary of State approval to extend a detail to an international organization beyond five (5) years, in cases where the extension is in the national interest. If the HHS Secretary concurs, submits request to the Department of State for approval.
• Obtains Dept. of State approval for international organizations not currently on the Dept. of State’s approved organization list, at the request of the OpDiv/StaffDiv Human Resources Center.
• Comply with this Instruction, any HHS and OPM policy and guidance, and all applicable federal laws and regulations.
• Ensure internal guidance or standard operating procedures on details and IPA assignments adhere to this policy.
• Work with their servicing organizations to ensure funds for details and IPA assignments are only used for purposes authorized by appropriation (i.e., appropriations of the loaning OpDiv/StaffDiv can only be used to support programs/activities that have been authorized thru appropriation by Congress). See Section 300-3-80.
• Ensure signed agreements are in place prior to the effective date of details and IPAs in accordance with the requirements under Sections 300-3-60 and 300-3-70.
• Work with their servicing ethics office(s) to ensure: a) detailees and IPA participants complete a financial disclosure report, as required; b) detailees and IPA participants are counseled prior to the effective date of the detail or IPA assignment on applicable ethics statutes and regulations, including the criminal conflict of interest statutes and Standards of Ethical Conduct for Employees of the Executive Branch; and for IPA assignments, c) the Deputy Ethics Counselor (DEC) or Ethics Coordinator (EC) of the servicing ethics office has certified, as required, that IPA participants have been so counseled and that there are no conflicts of interest with the duties and responsibilities of the proposed IPA assignment. See Sections 300-3-60 and 300-3-70.
• Submit requests to [email protected] for OPM approval of details of certain excepted service employees to competitive service positions prior to the effective date. See Section 300-3-60.
• Submit requests to [email protected] for OPM approval of SES details exceeding 240 days if the detail is for either: a) A non-SES employee to an SES position that supervises other SES positions; or b) An SES employee to a position at the GS-15 or equivalent level or below.
• Submit detail and extension requests to the White House and Congressional Committees to [email protected] prior to the start date.
• Submit requests to [email protected] for OPM approval of a federal employee to participate in the IPA program more than a total of (6) years during their federal career.

300-3-60 Employee Details

• Management may utilize details to address emergency or temporary workforce needs; to offset temporary staffing or workload imbalances; or to address short-term special projects or studies, unless the law or regulation authorizing the detail specifies a different purpose (e.g., 42 U.S.C. §215). The decision to detail an HHS employee is discretionary and based on the ability of the employing OpDiv/StaffDiv to spare the employee’s services without detriment to the office’s work and without requiring it to hire additional staff. Details are not used to circumvent the competitive selection or classification process. For the Indian Health Service: Details are also not used to circumvent Indian Preference laws or regulations (25 U.S.C. §§5116, 5117 and 5129, and 42 CFR §§136.41-43). Input from the HHS employee should be considered before implementing a detail.
• An employee may be detailed to a position with duties that are classified at a higher grade, a lower grade, or at the same grade level as the employee’s official position.
• An employee is not required to meet time-in-grade or minimum qualification requirements of the position to which the employee is detailed, but must meet the education, licensure and certification requirements for the position to which detailed.
• A detail may be to a position with unclassified duties, i.e., the duties to be performed on detail may or may not be duties described in an officially established position description (PD). A statement of duties must be prepared, prior to the detail, by the gaining office.
• Employees remain in their official position of record while on detail including for the purposes of the computation of basic pay, promotion, retirement, benefits, bargaining unit status, compensation for injury or death, and military benefits. Service while on detail is credited for time-in-grade purposes at the grade of the position the employee officially holds.
• An employee’s Fair Labor Standards Act (FLSA) exemption status may be affected when a detail exceeds 30 consecutive days and the temporary duties meet the criteria described in 5 CFR §551.211.
• The employee’s permanent organization is responsible for ensuring the employee on detail receives appropriate consideration for promotions in their official position of record (5 CFR §335.103(b)(2)) and is kept informed of training opportunities.
• Performance management and appraisal requirements must comply with HHS Instruction 430-1, Performance Management Appraisal Program, or HHS Instruction 430-6, SES Performance Management Program, as applicable.
• All employees must meet the applicable personnel security requirements of the detail assignment prior to commencement of a detail.
• Employees remain subject to applicable ethics statutes and regulations while on detail including: 18 U.S.C. §§ 201-227 – Criminal Conflicts of Interest; 5 U.S.C. app. – Ethics in Government Act of 1978; 5 U.S.C. §§ 7321-7326 and 5 C.F.R. Part 734 – Hatch Act and implementing Political Activities Regulation; 5 U.S.C. § 7342 – Foreign Gifts and Decorations Act; 5 U.S.C. § 7353 – Gifts to Federal Employees; 41 U.S.C. §§ 2101-2107 – Ethics provisions of the Procurement Integrity Act; 5 C.F.R. Part 735 – Employee Responsibilities and Conduct; 5 C.F.R. Part 2634 – Executive Branch Financial Disclosure and Related Requirements; 5 C.F.R. Part 2635 – Standards of Ethical Conduct for Employees of the Executive Branch; 5 C.F.R. Part 5501 – HHS Supplemental Standards of Ethical Conduct; and 5 C.F.R. Part 5502 – HHS Supplemental Financial Disclosure Reporting Requirements. The servicing ethics office of the employing OpDiv/StaffDiv is responsible for communicating these requirements to their employee. Questions should be directed to the servicing Deputy Ethics Counselor and/or Ethics Coordinator, a list of whom can be found at https://www.hhs.gov/about/agencies/ogc/contact-ogc/agency-deputy-ethics-counselors- and-ethics-coordinators/index.html.
• Employees on detail remain subject to the provisions of 5 U.S.C. Chapter 73, which regulates employee suitability, security, and conduct, including restrictions on political activity, and agency standards of conduct regulations.
• A detail ends upon the Not-To-Exceed (NTE) date documented on the Standard Form (SF) 50 or SF-52 unless an extension is approved. Requests for extending details must be made prior to the NTE date of the detail. See also Section 300-3-90, Documentation.
• A detail may be terminated, at the discretion of the loaning or gaining organization, prior to the documented NTE date.
• Employees return to their official position of record upon the detail’s NTE date or early termination of the detail.
• Details within HHS must be reimbursable with few exceptions. For additional information, see Section 300-3-80, Reimbursable and Non-reimbursable Agreements.
• Work Restriction. 5 U.S.C. §3341(a) does not allow an agency to detail employees who are required by law to be exclusively engaged in specific work. Accordingly, an HHS employee who is appointed by an authority that specifies the type of work to be performed cannot be detailed. This legal prohibition applies to all HHS employees, including politicals and employees appointed via a non-Title 5 hiring authority.
• Details to a position at the same or lower grade level may be made without competition for up to 120 days and can be extended in no more than 120-day increments to meet the organizational needs of both the gaining and lending offices/divisions (5 U.S.C. §3341).
• Details to a higher-graded position, or to a position with higher promotion potential , may be made without competition for up to 120 days. When computing the total time served on a detail, noncompetitive details to higher graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)).
• A detail more than 30 days but less than 120 days to a higher-graded supervisor or manager position should be rotated among eligible staff. Consideration should also be given to a time-limited promotion under 5 CFR §335.102(f).
• Competitive service employees may be detailed to competitive service or excepted service positions.
• Excepted service employees may be detailed to a position in the excepted service.
• An excepted service employee hired via a Schedule A authority (i.e., a government-wide Schedule A authority under 5 CFR §213.3102 or an OpDiv/StaffDiv-specific Schedule A authority);
• A Schedule B authority (under 5 CFR §213.3202);
• A Schedule D authority (Pathways Programs under 5 CFR §213.3402(a-c)); or
• A Veterans Recruitment Appointment (P.L. 107-288) may be detailed to a competitive service position without prior OPM approval.
• Information on the excepted service position (appointment authority and employee’s position of record, including title, series, grade level, and organization);
• Information on the competitive service position that will be filled (title, series, grade, and organization);
• Purpose of the detail or the duties to be performed during the detail;
• Reason why a competitive service employee cannot serve in the detail (e.g., special skills/competencies the excepted service employee will bring to the competitive service position); and
• OpDiv/StaffDiv HR Director approval.
• Details of an SES employee to a position classified at the SES-level may be made for up to 120 days and can be extended in no more than 120-day increments to meet the organizational needs of both the gaining and lending offices/divisions.
• Details of an SES employee to unclassified duties may be made in no more than 120-day increments and cannot exceed 240 days. For details exceeding 240 days, the HR Center is required to determine if the unclassified duties are at the SES level. If at SES level, the HR Center must request an SES allocation at [email protected] to establish a SES position to continue the detail. If below the SES level, OPM approval is required for a detail extension to a position at the GS-15 or equivalent level or below (see (a)(v) immediately below for instructions).
• An SES employee may not be detailed to a series of positions with unclassified duties, or a series of positions at the GS-15 or equivalent level, to ‘restart’ the 240-day clock.
• Details of a non-SES employee to a SES position must be made in no more than 120-day increments and cannot exceed 240 days. Competitive procedures must be followed when the detail exceeds 240 days unless the employee is eligible for a noncompetitive career SES appointment (i.e., a SES Candidate Development Program graduate or a former SES Career employee with noncompetitive reinstatement eligibility). OpDiv/StaffDivs cannot intentionally create a break before 240 consecutive days to ‘restart’ the 240-day clock. Competition is not required to detail a different employee to the SES position.
• OPM must approve details more than 240 days if the detail is either : a) A non-SES employee to an SES position that supervises other SES positions; or b) An SES employee to a position at the GS-15 or equivalent level or below. HR Centers must send such requests with the following information to [email protected]: a) A memorandum from the OpDiv/StaffDiv Head or written designee requesting extension and approval of the detail; b) A detailed written justification outlining the circumstances requiring the extension, including proposed number of days up to a maximum of 120 days; c) A written description of how the position’s duties have been performed since vacant and alternatives the OpDiv/StaffDiv considered before making the extension request; and d) The OpDiv/StaffDiv organization chart, and name and appointment type of the official who supervises the employee on detail.
• Details of SES employees cannot be used to circumvent the advance notice requirements for SES reassignments, or the 120-day moratorium on involuntary reassignments following the appointment of a new HHS Secretary or non-career supervisor (PAS, PA, NCSES).
• Any SES employee or non-SES employee may be detailed to a SES General position.
• Only a Career SES employee or a career-type non-SES employee (i.e., a Competitive or Excepted Service employee in Tenure Group 1 or 2, see OPM.gov/Data Standards/Tenure for definitions) may be detailed to an SES Career Reserved position.
• A Non-career SES (NCSES) employee cannot be detailed to a competitive service position.
• An SES Limited Term employee can be detailed to a different SES General position if the duties of the SES General position will expire at the end of three (3) years or less;
• An SES Limited Emergency employee may be detailed to a different SES General position to meet an urgent, unanticipated bona-fide need; and
• SES Limited employees cannot be detailed to a position that does not meet the same conditions that supported OPM’s approval of the SES Limited Term or SES Limited Emergency allocation. This does not prevent temporary ‘acting’ assignments, i.e., the short-term absence of another executive. (OPM SES Desk Guide)
• Administrative Law Judges may be detailed in accordance with the rules described under 5 U.S.C. §3344 and 5 CFR §930.207.
• Details to other agencies must be reimbursable with few exceptions. For additional information, see Section 300-3-80, Reimbursable and Non-reimbursable Agreements.
• OpDiv/StaffDiv Head or written designee may detail an employee to another federal agency with the agreement of the Secretary or organization head of the other agency when the detail supports the U.S. Government and appropriated funds are available.
• Competitive and excepted service employees : a) Details to the same or lower grade may be made for up to 180 days and can be extended for periods that meet the organizational needs of both the gaining and lending agencies. b) Details to a higher-graded position, or to a position with higher promotion potential, can be made without competition for up to 120 days. When computing the total time served on a detail, all noncompetitive details to higher-graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)). c) PHS employees detailed to other federal agencies via 42 U.S.C. §215 follow the rules in this Section under (C)(4) below.
• SES employees : Details to a position classified at the SES-level may be made in no more than 120-day increments and can be extended for periods that meet the organizational needs of both the gaining and lending agencies. SES details are also limited by the rules described in this Section under (B)(4) above.
• An OpDiv/StaffDiv Head or written designee may authorize the detail of eligible employees (defined in (2)(c)) only to international organizations approved by the Department of State, with the concurrence of the Office of Global Affairs (OGA) prior to the effective date of the detail. Requests are submitted to OGA by the servicing HR Center at os-oga-hhs- [email protected].
• Eligible international organizations approved by Dept. of State for details under 5 CFR Part 352, Subpart C, are at: https://iocareers.state.gov/Main/Content/Page/approved- international-organizations. Requests to obtain Dept. of State approval for organizations not on approved list, must be submitted to OGA at [email protected].
• Eligible Employees . All employees are eligible for international details except the employees listed under 5 CFR §352.305, i.e., a person serving on a temporary appointment; an SES employee on a non-career, limited emergency, or limited term appointment; a Presidential appointment; or a Schedule C appointment.
• Employees may serve on details to international organizations for up to five (5) consecutive years. The Secretary of State, upon the recommendation of the HHS Secretary, may approve an extension up to three (3) additional years if the detail extension is in the national interest. Extension requests are submitted by the HR Center to OGA at [email protected] no later than three (3) months before the expiration of the current detail, and must include a justification why the extension request is needed; the extension request from the international organization; and the finance agreement between the OpDiv/StaffDiv and the international organization, see Section 300-3-80.
• Employees cannot serve longer than a total of eight (8) years on international details (or combination of details and transfers) during their entire federal career. (Transfers to international organizations are covered by 5 CFR §§352.307-314 and HHS Instruction 301-1, Overseas Employment.)
• Details to international organizations via 5 CFR Part 352, Subpart C, may be reimbursable or non-reimbursable, in accordance with 5 U.S.C. §3343(d-e) and Section 300-3-80.
• The Dept. of State foreign country clearance requirements apply to all U.S. government employees working overseas. See HHS Instruction 301-1, Overseas Employment, for requirements or consult OGA at [email protected].
• An OpDiv/StaffDiv Head or written designee may occasionally recommend one of their employees be detailed to an office listed in (3)(a) immediately above.
• Details after the first 180 days must be reimbursable to the Department, except when the requirements described in Section 300-3-80(B)(5) are met.
• When the employee is performing work that would otherwise by performed by WH staff, reimbursement for the salary of the HHS employee/detailee is required for any period occurring after the first 180 days after the employee is detailed during any fiscal year.
• A detail to a WH office not listed in (3)(a) above who asserts it is not covered by 3 U.S.C. §112 and therefore not required to reimburse the employing OpDiv/StaffDiv is only permissible if the requirements described in Section 300-3-80(B)(5) are met.
• Must be initiated by the Senate or House of Representatives, via the HHS Assistant Secretary for Legislation, by written invitation.
• Require the written consent of the Committee on Rules and Administration of the Senate or the Committee on House Oversight of the House of Representatives prior to the effective date.
• Must be carried out on a reimbursable basis ( Detail of Law Enforcement Agents to Congressional Committees , 12 Op. O.L.C. 184, 1988 WL 391014 (Sept. 13, 1988)).
• Competitive and excepted service employees : a) Details to the same or lower grade may be made for up to 180 days and can be extended for periods that meet the organizational needs of both the WH or Congress and the employing HHS OpDiv/StaffDiv. b) Details to a higher-graded position, or to a position with higher promotion potential, can be made without competition for up to 120 days. When computing the total time served on a detail, all noncompetitive details to higher-graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)). c) PHS employees detailed to Congressional committees via 42 U.S.C. §215 follow the rules in this Section under (C)(4) immediately below.
• SES employees : Details to a position classified at the SES-level may be made in no more than 120-day increments and can be extended for periods that meet the organizational needs of both the WH or Congress and the employing HHS OpDiv/StaffDiv. SES details are additionally limited by the rules described in this Section under (B)(4) above.
• Employee’s full name;
• The WH or Congressional Committee Office;
• Description of the duties that support HHS’ or the employing OpDiv/StaffDiv’s mission;
• The proposed start date and duration of the detail;
• A completed interagency agreement or MOU, as applicable (see Section 300-3-80 );
• For Details to Congress (unless the detail is via 42 U.S.C. §215 explained in (C)(4) immediately below): A copy of the Congressional Committee’s written request for the employee’s services; and
• For WH Offices who are not covered by 3 U.S.C. §112 : The statutory authority that explicitly authorizes the detail and explicitly says the WH office does not reimburse loaning agencies for details; or a description of the functions of the detail demonstrating the duties are directly related to the OpDiv/StaffDiv’s appropriations and the detail will assist the OpDiv/StaffDiv in accomplishing programs/activities authorized by appropriation.
• Due to the substantial ethical concerns such details raise, recommendation and/or approval may be given only after a careful examination of the duties to be performed and consideration of any Departmental conflicts of interest that may arise from the detail assignment.
• Another Executive Department, upon the request of that Department Head, to cooperate in or conduct work related to, the functions of the requesting Department or the PHS. See Section 300-3-40 , Definitions, or 5 U.S.C. §101.
• State health or mental health authorities, upon the request of the State health authority, to assist the State, or a political subdivision of the State, in work related to the public health functions of the PHS. These details may only be made by the HHS Secretary or the Secretary’s designee, per 42 U.S.C. §§ 202, note and 215(b).
• Congressional committees and non-profit educational, research, or other institutions engaged in health activities, for special studies of scientific problems and for the dissemination of information relating to public health. These details may only be made by the HHS Secretary or the Secretary’s designee, per 42 U.S.C. §§ 202, note and 215(c).
• Approval . Details of PHS employees to the external organizations for the purposes described in (a) immediately above can be approved by the OpDiv/StaffDiv Head or written designee consistent with the Memo from HHS Deputy Assistant Secretary for Human Resources, Delegation of Human Resources Authorities , dated May 9, 2022. Due to the substantial ethical concerns such details raise, recommendation and/or approval may be given only after a careful examination of the public health duties to be performed and consideration of any Departmental conflicts of interest that may arise from the detail assignment. Approvals must be in writing and include the purpose of the detail, consistent with the requirements in this subsection (C)(4).
• Competitive and excepted service employee details to a higher-graded federal position, or to a position with higher promotion potential, can be made without competition for up to 120 days. (This restriction applies to the Executive Department and Congressional committee details described in (a)(i) and (iii) above.) When computing the total time served on a detail, all noncompetitive details to higher-graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)).
• SES details are additionally limited by the rules described in this Section under (B)(4) above.
• Details to an overseas location (see (g) below).
• An OpDiv/StaffDiv Head or written designee may condition a detail to either (a)(ii) or (iii) above as reimbursable by the State, subdivision, or institution (42 U.S.C. §215(d)).
• Salary and allowances of a PHS employee detailed to another Executive Department described in (a)(i) above are paid in accordance with 42 U.S.C. §215(a).
• A PHS employee on a detail to either (a)(ii) or (iii) above is paid by PHS appropriations except when the employee is placed on leave without pay (LWOP), with the employee’s consent, and paid by the State, subdivision, or institution to which they are detailed (42 U.S.C. §215(d)). For Special Consultant employees appointed via 42 U.S.C. §209(f) , a LWOP arrangement may only be for a period NTE two (2) years but can be extended for additional periods NTE two (2) years each (42 CFR §22.5).
• PHS employee details within HHS . 42 U.S.C §215 does not authorize details within HHS; therefore, details within HHS must follow the rules (including time limits, restrictions, and applicable OPM approvals to a competitive service position) in this Section under (B) above.
• PHS employee details to the White House . Details to the WH are not authorized via 42 U.S.C. §215; therefore, WH details are made via 3 U.S.C. §112 and the rules described in this Section under (C)(3) above.
• PHS employee details to International Organizations are made via 5 CFR Part 352, Subpart C, and the rules described in this Section under (C)(2) above. Overseas Location: Details to an overseas location of an Executive Department, state health authority, or institution described in (a) above can be made via 42 U.S.C. §215 and do not require Dept. of State organization approval. However, the Dept. of State foreign country clearance requirements apply to all U.S. government employees working overseas. Details to overseas locations additionally must adhere the other requirements in HHS Instruction 301-1, Overseas Employment, including tour of duty limits.
• The general requirements for details in this Section (300-3-60(A)) and the rules for reimbursable and non-reimbursable agreements in Section 300-3-80 must be followed.
• Pathways participants (with the exception of Intern NTE) may be detailed for one (1) to six (6) months in duration within their employing OpDiv/StaffDiv, or anywhere within HHS. Details do not need to be in same occupation in which the participant will likely convert; however, must be for the purposes of providing the participant with valuable knowledge, skills, and experiences; to broaden their perspective of the OpDiv/StaffDiv and/or HHS mission; and to aid in their retention. Such details may be used to give the participant knowledge, skills, or abilities in another area of the functional discipline of the participant’s occupation, or in another OpDiv/StaffDiv with similar occupations, for example.
• Presidential Management Fellows (PMFs) may also be detailed to external organizations as part of their development, in accordance with 5 CFR §362.405(b)(4-5) and the rules described in HHS Instruction, 362-1, Pathways Programs.
• All other employee rotational assignments (i.e., details) as part of a formal training or development program must follow the rules in this policy, unless the program is authorized by a law or regulation that specifies separate rules for such rotational assignments.

300-3-70 Intergovernmental Personnel Act (IPA) Assignments

• The Intergovernmental Personnel Act (IPA) authorizes temporary assignments via detail or temporary appointment of permanent employees between the federal government and state and local governments, colleges and universities, Indian tribal governments, federally funded research and development centers and other eligible organizations (5 U.S.C. Chapter 33, Subchapter VI, and 5 CFR Part 334). The IPA program allows agencies to access expertise from outside the federal government and provide eligible federal employees with developmental opportunities.
• IPA assignments are initiated by management and must be mutually beneficial to both the employing OpDiv/StaffDiv and the non-federal organization. Assignments are voluntary and must be agreed to by the employee. Each IPA assignment must be examined to ensure it supports the participating organizations’ mission. Cost sharing arrangements are negotiated between the two participating organizations adhering to the requirements in this Section and Section 300-3-80. The OpDiv/StaffDiv may agree to reimburse the non-federal organization for all, some, or none of the costs of the assignment. (Questions on miscellaneous expenses not covered in this policy should be directed to the HR Center’s servicing finance staff. See Section 300-3-80(G). )
• Competitive Service Employees in Tenure Group 1 or 2;
• Excepted Service Employees in Tenure Group 1 or 2 (including equivalent tenured non-Title 5 employees, and excluding Indefinite, time-limited, PA/PAS, and Schedule C excepted service appointments);
• Career SES Employees (excludes Non-career, Limited Term or Limited Emergency SES); and
• Individuals employed for at least 90 days in a career position with a State, local, or Indian tribal government, institution of higher education, or other eligible organization.
• Eligible Organizations are State or local governments, colleges or universities, Indian tribal governments, or other organizations defined by 5 U.S.C. §3371 and described under 5 CFR §334.102. Organizations must be certified to participate in an IPA prior to assignment. HR Centers are responsible for verifying an organization’s eligibility and certifying the organization, if necessary, prior to the IPA assignment. Information listed under 5 CFR §334.103 is required from organizations requesting IPA certification. If an organization has previously been certified by a federal agency (or another OpDiv/StaffDiv), the certification is permanent. HR Centers may accept a copy of the federal agency’s or OpDiv/StaffDiv’s certification as proof of eligibility or require the organization to resubmit information to verify the organization still meets the criteria. The list of the National Science Foundation’s designated Federally Funded Research and Development Centers eligible for IPA participation can be found at NSF.gov.
• Federal Employees : Detail. With the consent of the employee, IPA assignments may also be made by placing the employee on leave without pay.
• Non-federal Employees : Detail or a temporary excepted service appointment.
• Work schedule : IPA assignments may be intermittent, part-time, or full-time.
• IPA assignments may be made for up to two (2) years and may be extended by the OpDiv/StaffDiv Head or written designee for an additional two (2) years when the extension benefits both organizations.
• IPA assignments of federal employees to Indian tribes or tribal organizations (defined at 5 U.S.C. §3371(2)(C)) may be made for up to two (2) years and may be extended for any length of time by the OpDiv/StaffDiv Head or written designee when the continuation of the assignment will benefit both the OpDiv/StaffDiv and the Indian tribe or tribal organization. If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the OpDiv/StaffDiv Head or written designee may assign the employee to complete the period of assignment and execute an agreement with the tribal organization with respect to the replacement employee. The new agreement may provide for a different period of assignment as agreed to by both the OpDiv/StaffDiv and the tribal organization. (5 U.S.C. §3372(a))
• OpDivs/StaffDivs cannot send or receive an individual on an IPA assignment if the individual has served four (4) continuous years on a single IPA assignment without at least a 12-month return to duty with his/her official employer. Consecutive IPA assignments without a break of at least 60 days is regarded as continuous service under IPA. (Assignments to Indian tribes or tribal organizations excluded.)
• Federal employees are prohibited from participating on IPA assignment(s) for more than a total of six (6) years during their federal career. HR Center requests to waive this provision must be submitted to [email protected] for OPM approval, consistent with 5 CFR §334.104. (Assignments to Indian tribes or tribal organizations excluded.)
• Federal employees on IPA assignments remain employees of HHS (i.e., their employing OpDiv/StaffDiv), occupying their official position of record, including for the purposes of the computation of basic pay, promotion, retirement, benefits, bargaining unit status, compensation for injury or death, and military benefits. Service while on an IPA assignment is credited for time-in-grade purposes at the grade of the position the employee officially holds. Employees are required to fulfill any mandatory training requirements while on assignment, and supervisors must consider employees for promotion (5 CFR §335.103(b)(2)). Employees return to their official position of record upon completion of assignment or are reassigned to a position of like pay and grade (5 CFR §334.107(b)).
• The rate of pay for a federal employee assigned to a federally funded research and development center may not exceed the rate of pay the employee would be paid for continued service in his/her HHS official position of record (5 U.S.C. §3372(e)(1)).
• Entitled to receive supplemental pay from their employing OpDiv/StaffDiv, if the state or local government rate of pay is less than the rate of pay the employee would have received had he/she not agreed to the IPA assignment. Supplemental pay is in amount equal to the difference between their official rate of pay and the state or local government rate (5 U.S.C. §3373(c)(1)); and
• Entitled to the continuation of federal health and life insurance as long as the employee continues to make employee contributions; and are entitled to credit for the period of the IPA assignment toward federal retirement and unemployment compensation as specified under 5 U.S.C. §3373(c)(3), except as limited therein.
• Rules on the election and receipt of benefits due to compensable injury or death are described under 5 U.S.C. §3373(d).
• See also OPM Fact Sheet: Effect of Extended LWOP on Federal Benefits and Programs.
• Non-federal employees may be detailed to competitive, excepted, or SES General positions.
• Non-federal employees detailed to a classified position earn the basic rate of pay, including locality, equal to the salary of the classified position. If the detailee’s non- federal salary is less than the minimum rate of pay of the classified position, the OpDiv/StaffDiv must supplement their non-federal salary to make up the difference. Supplemental pay cannot be paid in advance or in a lump sum and is not conditional on completion of the assignment. Supplemental pay may be paid directly to the detailee or reimbursed to the non-federal organization.
• Non-federal employees detailed to unclassified duties continue to be paid directly by their non-federal organization at a rate of pay based on the individual’s non-federal job.
• Non-federal employees detailed under IPA may supervise a project and perform certain team lead duties (e.g., set due dates, identify resources, track progress and the completion of work, etc.,); however, they cannot perform supervisory or team lead functions that impact an employee (e.g., assign roles, participate in performance reviews, recommend awards, take disciplinary action, approve/disapprove leave requests or personnel actions, etc.). In addition, non-federal employees cannot perform the inherently governmental functions as discussed in Public Law 105-270, Section 5, and Office of Federal Procurement Policy Letter 11-01, Performance and Management of Inherently Governmental and Critical Functions , (76 FR 56227-01) (Sept. 12, 2011), including but not limited to serving as a manager or supervisor; implementing or administering grants, contracts, policies; directly exerting control over appropriated funds; or signing personnel actions.
• Detailees generally have the same workweek and hours of duty as federal employees in the OpDiv/StaffDiv to which they are assigned unless the workweek of the permanent employees is shorter than the federal workweek by law or local ordinance. Detailees are eligible to telework and participate in alternate work schedule arrangements of the OpDiv/StaffDiv, consistent with HHS Instruction 990-1, Workplace Flexibilities.
• Non-federal employees detailed to HHS can receive recognition through letters of appreciation or commendation but are not eligible for incentive awards (5 U.S.C. Chapter 45) or Quality Step Increases (QSI).
• Non-federal employees who are placed on a temporary excepted appointment are considered temporary federal employees for the duration of the appointment and must meet the OPM qualification requirements for the series and grade of the position they are appointed to.
• Typically, a non-federal employee is appointed at the minimum rate of the grade being filled; however, if an OpDiv/StaffDiv wants to pay an advanced step rate for a position at GS-11 through GS-15 based on superior qualifications, it may do so in accordance with HHS Instruction 531-1, Setting Pay Based on Superior Qualifications or Special Needs.
• Non-federal employees who are placed on temporary appointments are entitled to cost- of-living allowances and other pay differentials (5 CFR Part 550); are eligible for incentive awards (5 U.S.C. Chapter 45); and earn leave in the same manner as other federal employees.
• Eligibility for within-grade increases (WGI) is dependent on the length of appointment; however, employees appointed to successive temporary appointments of one (1) year or less are not eligible for a WGI, even if the time under successive temporary appointments exceeds one (1) year.
• Non-federal employees appointed to a temporary appointment are not eligible to enroll in the Federal Employees Health Benefits program unless their federal appointment results in the loss of coverage under the non-federal health benefits system (5 U.S.C. §3374).
• Non-federal employees placed on temporary appointments under IPA are not covered by any retirement system for federal employees, or by the Federal Employee Group Life Insurance Program.
• A non-federal employee placed on a temporary excepted service appointment under IPA may supervise HHS employees.
• Consult 5 U.S.C. §3374 for information on compensation for personal injury while on duty; death benefits; and for instances where a state or local government fails to continue employer contributions to retirement or benefit plans.
• Citizenship Requirement. The Consolidated Appropriations Act (i.e., the annual federal budget) prohibits federal agencies from compensating individuals who are not U.S. citizens or nationals for any federal position within the U.S., unless the agency has a statutory exemption to the ban. HHS does not have an exemption to compensate non-U.S. citizens in temporary appointments under IPA. OpDivs/StaffDivs who are considering appointing a non-U.S. citizen without pay to a temporary excepted service appointment under IPA or detailing a non-U.S. citizen to a federal position under IPA should consult the Office of the General Counsel prior to the effective date of the IPA assignment to ensure the action and any related payments are legally supportable with the Appropriations Act.
• Prior to the effective date of an IPA assignment, the assigned employee and the employing OpDiv/StaffDiv, the State or local government, Indian tribal government, institution of higher education, or other eligible organization must sign an IPA agreement listing the conditions and obligations of both parties (5 CFR §334.106).
• If the IPA assignment is reimbursable, a finance agreement must also be completed following the requirements in Section 300-3-80 of this policy.
• Form HHS-69, IPA Agreement (2023 or later), must be completed for all HHS IPA assignments, extensions, or modifications. The form contains the information required by OPM for IPA assignments and by the HHS Designated Agency Ethics Official to ensure proposed assignments will not violate conflict of interest statutes. HHS-69 can be found on HHS Intranet Forms and must be completed and signed by all parties listed on the form prior to the effective date of the IPA assignment.
• IPA agreements must be modified if there are significant changes to the agreement during the assignment (e.g., changes to employee's duties, responsibilities, salary, work assignment location, supervisory relationships, etc.). The servicing Deputy Ethics Counselor (DEC) or Ethics Coordinator (EC) must be consulted prior to implementing changes to the duties and responsibilities of an IPA assignment to ensure there are no conflicts of interest. A list of DECs and ECs can be found at https://www.hhs.gov/about/agencies/ogc/contact-ogc/agency-deputy- ethics-counselors-and-ethics-coordinators/index.html.
• Federal employees participating on an IPA assignment must agree to serve at HHS upon completion of the assignment for a period equal to the length of the IPA assignment. Employees are required to reimburse their employing OpDiv/StaffDiv for the cost of the assignment (not including salary and benefits) if the employee does not fulfill this agreement. The OpDiv/StaffDiv Head or written designee may waive this reimbursement requirement and reason(s) must be documented. (5 U.S.C. §3372 and 5 CFR §334.105)
• All individuals on an IPA assignment, whether assigned to HHS or to a non-federal organization, are subject to applicable ethics statutes and regulations including: 18 U.S.C. §§ 201-227 – Criminal Conflicts of Interest; 5 U.S.C. app. – Ethics in Government Act of 1978; 5 U.S.C. §§ 7321-7326 and 5 C.F.R. Part 734 – Hatch Act and implementing Political Activities Regulation; 5 U.S.C. § 7342 – Foreign Gifts and Decorations Act; 5 U.S.C. § 7353 – Gifts to Federal Employees; 41 U.S.C. §§ 2101-2107 – Ethics provisions of the Procurement Integrity Act; 5 C.F.R. Part 735 – Employee Responsibilities and Conduct; 5 C.F.R. Part 2634 – Executive Branch Financial Disclosure and Related Requirements; 5 C.F.R. Part 2635 – Standards of Ethical Conduct for Employees of the Executive Branch; 5 C.F.R. Part   5501 – HHS Supplemental Standards of Ethical Conduct; and 5 C.F.R. Part 5502 – HHS Supplemental Financial Disclosure Reporting Requirements. IPA assignees are responsible for notifying their employing OpDiv/StaffDiv of any additional Government work they are engaged in or become engaged in during the assignment (e.g., detail with another federal agency, service on a federal advisory committee (FACA), volunteer work at another federal agency, etc.), and for obtaining any requisite approvals or waivers before engaging in such additional work. The servicing ethics office of the employing OpDiv/StaffDiv is responsible for communicating these requirements to the IPA assignee. (This information is covered on form HHS-69, IPA Agreement. )
• Non-federal employees on assignment to the federal government are subject to the provisions of 5 U.S.C. Chapter 73, which regulates employee suitability, security, and conduct, including restrictions on political activity, and agency standards of conduct regulations.
• HR Centers must consult/work with their finance, personnel security, ethics and labor and employee relations staff, and the Office of the General Counsel to implement an IPA agreement, including ensuring the servicing ethics office provides counseling on applicable ethics statutes and regulations and assigns a financial disclosure report for completion by an assignee to HHS, as required.
• An IPA assignment may be terminated at any time at the request of HHS or the non-federal organization. Where possible, the party requesting termination should provide a 30-day advance written notice to the other parties of the agreement.

300-3-80 Reimbursable and Non-reimbursable Agreements

• Funds for details and IPA assignments can only be used for purposes authorized by appropriation, i.e., the appropriations of the loaning OpDiv/StaffDiv can only be used to support programs/activities that have been authorized thru appropriation by Congress (31 U.S.C. §1301(a)).
• Details within HHS must be reimbursable. Exceptions to this rule are (5)(a) or (b) immediately below.
• Details to another agency must be reimbursable. Exceptions to this rule are (5)(a) and (b) immediately below. See Section 300-1-40 for agency definition.
• Details to Congressional committees under 2 U.S.C. §4301(f) must be reimbursable ( Detail of Law Enforcement Agents to Congressional Committees , 12 Op. O.L.C. 184, 1988 WL 391014 (Sept. 13, 1988)), see Section 300-3-60(C)(3). No exceptions.
• Details after the first 180 days must be reimbursable to the Department, except when the requirements in (5)(b) immediately below are met.
• A detail to a WH office not listed in (4) immediately above who asserts it is not covered by 3 U.S.C. §112 and therefore not required to reimburse the employing OpDiv/StaffDiv is only permissible if the requirements described in (5)(b) immediately below are met.
• Details to international organizations via 5 CFR Part 352, Subpart C, may be reimbursable or non-reimbursable (5 U.S.C. §3343(d-e)).
• PHS employee details to the external organizations listed in Section 300-3-60(C)(4) may be reimbursable or non-reimbursable (42 U.S.C. §215). For additional Title 42 reimbursement requirements, see Section 300-3-60(C)(4)(d). OR
• The functions of the detail are related to the loaning agency’s/division’s appropriations and the detail will assist the loaning agency/division in accomplishing programs/activities authorized by appropriation. ( Reimbursement of the Internal Revenue Service for Investigative Services Provided to the Independent Counsel , 12 Op. O.L.C. 233, 1988 WL 391018 (Sept. 30 , 1988 ); see also Reimbursement for Detail of JAG Corps Personnel to US Attorney’s Office, 13 Op. O.L.C. 188, 1989 WL 595823 (June 27, 1989))
• Cost sharing arrangements are negotiated between the two participating organizations following the requirements in this Section and Section 300-3-70. The OpDiv/StaffDiv may agree to reimburse the non-federal organization for all, some, or none of the costs of the assignment. (Questions on miscellaneous expenses not covered in this policy should be directed to the HR Center’s servicing finance staff. See (G) below.)
• Pay, travel and transportation expenses for federal employees on an IPA assignment to state or local governments may be reimbursable or non-reimbursable (5 U.S.C. §3373(b)).
• Travel and transportation expenses for individuals on an IPA assignment from federal, state, or local governments may be reimbursable or non-reimbursable (5 U.S.C. §3375).
• Payment of travel and transportation expenses is made consistent with the HHS Travel Policy.
• A federal employee may not receive pay in addition to the pay of their official position of record for performing the duties of another position (5 U.S.C. §5535(b)).
• Required Finance Agreement for Reimbursable Details and IPA Assignments . Inter or Intra Agency Agreements (IAA) are either between two federal agencies (inter-agency) or two HHS OpDiv/StaffDivs (intra-agency). IAAs describe the services to be performed; identify the legal authority to transfer funds from one appropriation to another; and must be executed and recorded prior to the start of the detail or IPA assignment in accordance with HHS Financial Management   Directives and Guidance (FMD&G), Chapter 2 Interagency Agreement, using the Department of Treasury forms required by the FMD&G.
• OpDiv/StaffDiv HR Centers should consult their division’s servicing finance staff on executing IAAs; how to document financial agreements with non-federal organizations ; and any questions on payment of expenses not covered in this policy. The legal and regulatory requirements covered in this policy regarding reimbursable and non-reimbursable expenses take precedence when there is a conflict with ASFR policy decisions. Per the FMD&G, HR Centers should notify their servicing finance officer of any such policy conflicts.
• Non-reimbursable Agreements . Participating organizations should execute a MOU for non- reimbursable details to document the terms of the detail. MOU examples can be found on OPM.gov. Non-reimbursable IPAs are documented via the IPA agreement, see Section 300-3-70.
• IPA Assignment : The service requirement is included on the IPA agreement, see Section 300-3-70, Required IPA Agreement.
• Non-Reimbursable Detail (outside of IPA) : A service requirement, if applicable, is documented on a Memorandum of Understanding (MOU), see H. immediately above.
• Reimbursable Details (outside of IPA) : HR Centers should consult their servicing finance office on how to document a service requirement, e.g., whether to include the requirement on the IAA, attach the service agreement to the IAA, etc.

300-3-90 Documentation and Accountability

• Chapter 11, Excepted Service Appointments . Temporary appointment of non-federal employees under IPA (5 U.S.C. §3374).
• Chapter 14, Details . A SF-50 or SF-52 is used, depending on type of action, and retained on the permanent side of the employee’s official personnel folder. In cases where the GPPA says no documentation is required, a SF-52 is used consistent with 5 U.S.C. §3341 which requires details to be documented in writing and approved by an agency official. 42 U.S.C. §215 is cited as the legal authority for details of PHS personnel to external organizations listed in Section 300-3-60(C)(4).
• Chapter 15, Placement on Non-Pay or Non-Duty Status . LWOP actions.
• Special Government Employees .   Remark code E21 should be used for individuals who are designated special government employees (SGE) as defined under 18 U.S.C. §202. Questions regarding the SGE ethics designation should be directed to an OpDiv/StaffDiv’s servicing ethics office. A list of servicing Deputy Ethics Counselors and Ethics Coordinators can be found at https://www.hhs.gov/about/agencies/ogc/contact-ogc/agency-deputy-ethics-counselors-and-   ethics-coordinators/index.html.
• Records, including IPA agreements (and any modifications), proof of IPA organization eligibility, financial agreements, and all documentation sufficient for third party reconstruction purposes, must be retained for a total of three (3) full years after completion of the detail or IPA assignment in accordance with this Instruction and 5 CFR §334.106(b). Records involved in litigation and grievance processes may be destroyed only after official notification is received from OPM, Department of Justice, courts, the Office of the General Counsel, etc. that the matter has been fully litigated, or resolved, and closed.
• ASA/OHR Policy and Accountability Division (PAD) or OPM may conduct accountability reviews to ensure compliance with this Instruction, HHS and OPM policy and guidance, and all applicable federal laws and regulations.

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Secondments and Acting Assignments: The Benefits and Challenges of Temporary Placements

• Post author: Sky, Jarvis
• Post published: June 2, 2022
• Post category: Recruitment and Retention
• Post comments: 0 Comments

by Sky Jarvis

Sky Jarvis  is part of a team of CPCIL Research and Knowledge Gatherers producing content and compiling resources on themes such as inclusion, ecosocial justice, partnerships, conservation, organizational sustainability, climate change and biodiversity, connection to nature, conservation financing, and ecotourism, to support effective and equitable leadership and inclusion in parks and protected areas across Canada.

As a youth knowledge gatherer with CPCIL, I have had the pleasure of getting to interview several park Leaders from across Canada. One of the common questions I would ask these leaders is what they enjoy most about working in their positions within in a federal, provincial, or territorial park agency and what sort of advice they would give to younger people. All five of them talked about how much they like the diversity in tasks throughout their careers. I heard how it was always important to let your boss know about the areas you would like to develop and what interested you so that when opportunities became available, they would keep you in mind. Secondly, most of the park leaders said that the advice they would most want to share was an encouraging message to youth and young professionals to not be afraid of trying new things . To not be afraid of failure or feeling like you are “falling behind” when you take new and unexpected opportunities; these side experiences can be amazing opportunities for personal and professional growth. 

Secondment (noun): the detachment of a person from their regular organization for a temporary assignment elsewhere. 

Acting Assignment (noun): a situation where an employee is required to temporarily perform the duties of a higher classification level for a specified period of time .  

Value of Collaboration for Individuals, Teams, and Agencies

Temporary positions such as acting assignments and secondments, allow individuals to gain new experiences. By leaving a familiar role to join a new team, participants are exposed to a whole new set of experiences, tasks, and responsibilities, allowing for the development of new skills. These opportunities can stimulate personal growth and facilitate professional development at the individual level. Professional growth can be observed through enhanced confidence, empowerment, and an improved sense of capability, understanding, and effectiveness. These benefits not only stay with the individual(s) who participate in these opportunities but also have the ability to influence the team and agency through the permeation of new skills and perspectives once they return to their substantive role.  

“It’s very much top of mind for me to think about how people can take these opportunities and then bring back what they’ve gained to their actual jobs, to influence things and create spaces to collaborate” – Jared, 2022 

Temporary positions can build capacity by making space for knowledge acquisition and translation amongst team members and departments through two-way learning experiences. Secondments can be applied to a team setting  to develop knowledge and skills through the inclusion of an expert from a separate agency (Gerrish and Piercy 2014). The Chartered Institute of Professional Development (2021) highlights the role of secondments as a tool for talent development in organizations with flatter management structures by expanding the capabilities, skills, and knowledge of team members within an organization. 

“From a management perspective, it’s good for your team because it encourages them to try new things and explore their strengths.” – Jared, 2022 

Temporary positions can also be employed to assist with the creation of bridging relationships between agencies and organizations that may otherwise be disconnected. This approach is common to several sectors, such as healthcare (Hamilton and Wilkie 2001; Bullock et al. 2013) and education (Loads and Campbell 2015). O’Donoughue Jenkins and Anstey (2017) emphasize the importance of building these inter-agency relationships in meaningful ways that enable them to last into the future. They recommend regular communication and collaboration through annual secondments as one such tool for driving changes in the long run. By developing a reciprocal form of collaboration, such as secondments, both organizations will benefit at the individual and team levels (Hamilton and Wilkie 2001; Bullock et al. 2013; Gerrish and Piercy 2014). 

“For example, I have a colleague who works for Parks Canada, they took a year and a half s econdment with Health Canada. These organizations are not related by any means, but she left for a year and a half to gain this new experience. During that time, her role in Parks Canada still exists, and eventually, she’ll come back and can share her expe riences with a different organization.” – Jared, 2022  

PROS of temp positions 

In a paper written by Dryden and Rice (2008) they highlight a range of advantages that secondees are perceived to receive from participating in temporary positions with a host organization. These advantages ranged from improved sense of motivation and education to increased job security and career development, to experiential therapy associated with getting to “try new things” and “taking a break from the day-to-day tasks”. Furthermore, personal participation in temporary placements can help agencies with succession planning by enabling members to gain the skills and knowledge that will benefit their career position in the long run even when promotional opportunities in the short run may be limited. 

CONS of temp positions 

Interviews are a great way of getting and documenting individual perspectives on a temporary position including challenges that they faced. Debriefing interviews create an opportunity for managers to understand how  to better support their staff on this  pathway to personal and professional development by better understanding the personal experiences of their team members.  Some interviewed secondees have identified the need to balance two workloads, most commonly associated with part-time positions, as a major issue that leads to increased stress and burnout (Gerrish and Piercy 2014; O’Donoughue Jenkins and Anstey 2017). Other potential barriers to the successful implementation of secondments as an effective learning tool can include a lack of planning, limited consensus on defining desirable outcomes amongst stakeholders, and limited metrics for evaluating whether the placement was actually successful in achieving its intended outcomes (O’Donoughue Jenkins and Anstey 2017).  Based on the literature review I’ve done it seems like the barriers that have been identified could be mitigated through increased planning before the process, in order to provide structure and points of contact for people who may be participating in a temporary placement like an acting assignment or secondment.   

“It’s [like] moving water; sometimes it’s moving laterally and sometimes it moves vertically.” – Jared, 2022  

Recommendations to Support Temporary Staff 

1. Managerial involvement and support throughout temporary placements are beneficial. Management can support staff and help negotiate workload adjustments while the new worker(s) adjust to their new role (Gerrish and Piercy 2014). Training should be made available to managers so that they can identify and better support staff who may be showing signs of stress and/or burnout.   

2. Mentorships from experienced project leads and/or persons who previously held this position within the host organization or unit can assist with the acceptance and integration of temporary workers into existing teams (Gerrish and Piercy 2014). Persons in the host organization who are strong leaders or those who have held the position or a similar position should be identified prior to the temporary position starting in order to provide support and advice to the new worker. Diversity and inclusion training could be offered to department staff prior to the arrival of the temporary worker to build empathy around the feelings and stresses of starting a new role in a new job with a new team.   

3. Clear pre-defined metrics informed by participants, involved agencies, and stakeholders can be used to evaluate the success of temporary placements in achieving the intended results. This process of monitoring and evaluation allows for organizational reflection on the values, benefits, and challenges of such opportunities in a way that they can be adapted and improved using collected data and suggestions. This could greatly improve the uptake of secondments and acting assignments in agencies and businesses that may be skeptical of the ability of these approaches to create tangible and verifiable benefits.   

4. A well-planned de-briefing session , including an interview that involves management, team members, and individual participants, may be helpful in gaining insights, assisting with knowledge transfer, and providing closure to the participant(s) after the experience ends. This could help maximize any potential benefits associated with these types of opportunities.   

Evaluating Success

Gerrish and Piercy (2014) held focus groups and interviews with 19 individuals involved in secondment opportunities which consisted of secondees and managers from the participating agencies. This resulted in the identification of five criteria that were proposed for the eval uation of success at the individual, team, and organization levels ( Table 1 ). Originally there were six metrics proposed, based on a secondment consisting of clinical and academic participants. Their impacts have been shortened and coupled under the “enhan ced service delivery” instead of “healthcare service delivery” and “education service delivery” so that it could be more easily adapted and applied to a parks and protected areas agency context. Secondments taking place across agencies will likely reflect the aforementioned swap of persons from drastically different government agencies or departments and are intended to generate benefits and improvements for all individuals, teams, and agencies involved.  

Table 1- Six metrics for evaluating the success of a temporary positio n from Gerrish and Piercy (2014), described and critically assessed to determine potential ways in which these outcomes can be applied to similar positions within the context of a parks or protected areas agency in Canada.   

Description:

Participants have the opportunity to develop skills (negotiation, facilitation, evidence appraisal, research, evaluation) and evaluate KT (what data is needed, how to apply it, how to drive and evaluate change).  

Application to tem porary positions in a parks or protected areas agency:

Learning opportunities should continue to be made available to participants who can develop new skill sets and knowledge that can be taken back to their agency/position to inform change and drive adaptation.

Some positions are part-time and require the balancing of two workloads.   

Support should be given to participants with an understanding that each person has a different background and skillset, and therefore have different abilities to balance workloads, changes, and stress associated with taking on new roles and tas ks.  

Integration of participants into teams is essential and influences their experience and contribution.   

Training should be made available to agency departments and teams who will be hosting a temp worker so that a welcoming and inclusive en vironment is available to the worker in order to help with their integration and contribution to their new team.  

Participants are selected on the basis of contributing expertise or achieving/ evaluating specific objectives. This allows them to engage others and provide realistic (sometimes innovative) solutions.  

Participant selection should consider not only the skil ls and education of the worker but also their unique perspective as an individual. This could help with bringing new ideas and perspectives to the host team and inspire innovation.  

Placements should ensure gains in service delive ry. Enabling personnel to work within/across an organization helps them learn more about associated structures and processes.  

Having an “outsider” perspective can provide important insights into the structures and processes within/ across agencies- this cr eates chances to notice inefficiencies, bring new ideas, and invoke change on both sides.  

In most of the literature assessed it has been common to use interviews as a form of individual and organization reflection (Dryden and Rice 2008; Gerrish and Piercy 2014; O’Donoughue Jenkins and Anstey 2017). Such opportunities open up space for discussions and cording of personal experiences, highlighting benefits, skills, and insights gained from the experience and a chance to learn more about the challenges faced from both sides- to better support the individuals who participate in temporary placements. If not already doing so it would be beneficial to have persons who participated in a temporary position undergo a short interview consisting of a mix of open- and close-ended questions in order to learn more about the challenges and benefits of these experiences and what has been gained. 

Furthermore, interviews are beneficial in collecting qualitative data on whether the placement was successful in achieving its intended outcomes, and if it wasn’t how the participant(s) and their team(s) could be supported in achieving these goals and translating their newly-gained knowledge back into their original roles. It would be interesting and potentially beneficial to see agency-to-agency relationships being formed between park agencies, indigenous agencies, and academic institutions in a way that is respectful. This could help with relationship- and capacity-building, but also allow for the dissemination of knowledge between agencies that have seemingly limited avenues for communication and collaboration. 

I encourage anyone who has read this post and wondered about how they could do a secondment or what that may be like- to try this experience and let it be known that you would be open to trying something new and sharing your experiences perspectives with a new team. I think you will find it to be a rewarding experience!  

If you have participated in a secondment or temporary assignment, we invite you to share your advice in the comments below. 

References:  

Bullock, A., Z.S. Morris, and C. Atwell. 2013. Exchanging knowledge through healthcare manager placements in research teams. The Service Industries Journal 33 (13-14): 1363-1380. https://www.tandfonline.com/doi/abs/10.1080/02642069.2013.815739?casa_token=qlXyT2dOz2YAAAAA:nVk_pwnKHT_I58mgETZWPEEcp4iNzzHHS3cwC22ylPKCsNH5NisH13cwbS88tDEMmxV6IC9z7BO5ivA  

Chartered Institute of Professional Development. 2021. Talent Management Factsheet. https://www.cipd.co.uk/Export/ToPdf?path=%252fknowledge%252fstrategy%252fresourcing%252ftalent-factsheet  

Dryden, H., and A.M. Rice. 2008. Using guidelines to support secondment: A personal experience. Journal of Nursing Management 16 (1): 65-71. https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1365-2934.2007.00794.x?casa_token=95HUh92SQskAAAAA:IEeZVBiBPNU-drYJTpQK5Qgh1r97FYFsnAwWY3Hjz55G8-i4Z0kZcHsEVw8A6r9E3vDrtiM-1juEgzTp  

Gerrish, K., and H. Piercy. 2014. Capacity development for knowledge translation: evaluation of an experiential approach through secondment opportunities. Worldviews on Evidence‐Based Nursing 11 (3): 209-216. https://sigmapubs.onlinelibrary.wiley.com/doi/abs/10.1111/wvn.12038?casa_token=fnUWDfBwbMsAAAAA:LH4AczEOKTaMy4FfQF_PTo4Si27AcEhwH2VvRvpQg91iQUdRSaisDxTL3ThZrc2mtfMCPsZy8gfPU6wZ  

Hamilton, J., and C. Wilkie. 2001. An appraisal of the use of secondment within a large teaching hospital. Journal of Nursing Management 9 (6): 315-320. https://onlinelibrary.wiley.com/doi/abs/10.1046/j.0966-0429.2001.00257.x?casa_token=P2vzXBYNS5sAAAAA:dxRNeuElUHzjBJKEuIhM0AFBT9QcRhuqsa5QEQUqqwz7R3i8wviO1_4zIx8nblj9ItvLN_RudIgHNdbG  

Loads, D., and F. Campbell. 2015. Fresh thinking about academic development: Authentic, transformative, disruptive? International Journal for Academic Development 20 (4): 355-369. https://www.tandfonline.com/doi/abs/10.1080/1360144X.2015.1083866?casa_token=PwYpGVzPjUEAAAAA%3AJf_2ZeOGu2Ohsh5yWIGSIbbKb8AsUTZ7Jis47P_YUx045i3KeYLg5npW3rs_A4XZ2_vT3jDQdhY_UMQ&journalCode=rija20    

O’Donoughue Jenkins, L., and K. Anstey. 2017. The use of secondments as a tool to increase knowledge translation. https://openresearch-repository.anu.edu.au/bitstream/1885/250482/1/01_O%2527Donoughue%2BJenkins_The_use_of_secondments_as_a_2017.pdf  

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Finding the Right Compensation for Temporary Assignments

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• Determine the criticalness of the assignment. There are various instances where an organization will need to temporarily fill a role, and how they go about compensating the employee assigned to the temporary role should be preset and determined on how critical it is to the business.  
• Filling in for an employee on leave. In a scenario in which an employee goes on leave and a person is asked to take over their job responsibilities for a defined time, a compensation bump should be added as a premium in the form of a line item of pay with their typical paycheck. 
• Put a formal process in place. Having an established process makes good business sense because when an employee takes on a new role for a period of time, exercising the same responsibilities as the employee on leave, they should have the same pay opportunity. 
• Quick-fix scenarios. Some work scenarios are more difficult to formalize a compensation structure for temporary assignments, such as an employee in a call center not showing up for work for an extended period without notice. Employees who fill in when needed should receive other reward items such as free lunches or gift cards that say “thank you” for picking up the additional workload. 

Temporary assignments, or the assignment of duties to an employee outside their regular scope on a short-term basis, often come with an increase in direct compensation. 

But how should that amount be determined? 

It all depends on whether the assignment is for a new project or simply a fill-in for a missing employee, said Julian Pawlowski, senior principal at Mercer. 

“[Temporary assignments] are common practice in the context of a major project and typically involve an additional scope of responsibility,” he said. 

On the other hand, with constant organizational changes, such as a promotion or other employee transitions such as maternity/medical leave, organizations may need to assign an employee to a temporary role to both support that transition and any gaps in the workflow that a change creates. 

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“Some roles have less influence on results and pay should be commensurate with that,” he said. 

Therefore, leaders must first determine the criticalness of the assignment to the business, Pawlowski said.  

“What will be the impact if someone’s not in place?” he said. “There really has to be a discussion about the risk if the project isn’t completed on time. What’s the risk if no one is covering that person’s responsibilities? Risk must be determined up front.” 

With core strategic projects, for example, there typically are very defined project plans with dependencies and outcomes so that organizations understand the scope of work that’s occurring and the employee understands the part of the workflow and outcome they are responsible for. 

From an administrative perspective, this should include an assignment letter, a plan document explaining the terms and conditions of the program, the award amount, timing and any actions that occur if a person leaves.  

“All that should be in place before the project begins so they are clear about what they are eligible for, how they earn it and when they earn it.”  

But the extra compensation — paid out at the completion of preset milestones — should not just be based on an individual’s performance, Pawlowski said.  

“There’s the participant’s support and input that should be measured individually, but also the team’s outcome,” he said. “So a composite score should determine that temporary assignment’s compensation range.” 

In a scenario in which an employee goes on leave and a person is asked to take over their job responsibilities for a defined  time, however, the compensation bump should be added as a premium — a line item of pay with their typical paycheck. 

“That way the person is recognized immediately for the time and work done, and reinforces the idea that the person is getting the opportunity and extra money immediately,” Pawlowski said. “It really helps with both employee motivation and retention.” 

Formalizing the Process 

For McKesson Canada and its 4,500 employees, temporary assignments that last a minimum of three months occur often enough that the company has a formal process in place. 

Isabelle Brissette, a McKesson Canada compensation consultant, noted the company had 29 temporary assignments for the past fiscal year. “Some of our maternity/parental leaves can last up to 18 months,” she said. 

Having a formal process in place makes good business sense, Brisette said, because when an employee takes on a new temporary role, exercising the same responsibilities as the employee on leave, they should have the same pay opportunity.  

McKesson Canada employees on temporary assignments receive a compensation package that al teast matches the new career grade’s minimum salary range, Brisette said. 

For roles in which the employee will take on new responsibilities for three months or more — sometimes up to 18 months to cover maternity/parental leaves — the employee will be placed in the new job code, with the new grade level and get the new bonus target associated with that role. 

Base pay, however, will not be increased.  

“We will put in a temporary bi-weekly premium as a percentage of base,” she said. “This bi-weekly premium usually ranges from 5% to 15%.”  

However, in light of new pay transparency standards , as well as because the employee will have access to the new salary range, McKesson ensures that the bi-weekly premium added to the base pay comes to at least the minimum of the new range. 

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Once the assignment is over, the employee goes back into their regular position and grade level, and the bi-weekly premium stops.  

McKesson has another process for a temporary assignment for extra responsibilities, Brisette said.  

“This is where an employee would remain in their current role but take on responsibilities from a colleague or a superior who is on leave for an unknown period of time (short-term leave, jury duty, etc.).” 

In these cases, she said, compensation is simply made by a lump-sum payment. 

Other Scenarios 

Some work scenarios, however, are more difficult to formalize a compensation structure for temporary assignments, Mercer’s Pawlowski noted.  

“Maybe there’s an employee in a call center who doesn’t show up or leaves unexpectedly and the remaining team picks up the workload,” he said. “That’s fairly common and there needs to be consideration in other areas beside direct compensation.”  

Employees who fill in when needed should receive other reward items such as free lunches or gift cards that say “thank you” for picking up the additional workload. 

“That’s a really important detail,” Pawlowski said. “There are many cases where it’s not formalized and there are gaps in the work and workers still need to pick up the slack.” 

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Temporary promotion rules

Q: Can management temporarily promote (non-competitively) an employee to the lower grade of a six/seven-graded position for 120 days? Are temporary promotions limited to the full-performance level only of a given position? What specific rules support or prevent such actions?

A: Temporary promotions are intended to meet the temporary needs of the agency’s work program when those services can’t be provided by other means.To be temporarily promoted, an employee has to meet the same qualification requirements that are needed for the permanent promotion. He or she receives the higher-graded salary for the period assigned and gains quality experience and time-in-grade at the higher grade level. The first 120 days can be made noncompetitively. In other words, the employee doesn’t have to compete with other employees for the temporary assignment. If the temporary promotion is extended beyond 120 days, competition is required. The maximum time period for a temporary promotion is five years, unless OPM authorizes the agency to make and/or extend it for a longer period. If the temporary promotion that was originally made under competitive procedures, it can be extended up to five years without further competition.

About Author

Reg Jones was head of retirement and insurance policy at the Office of Personnel Management. Email your retirement-related questions to [email protected] .

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Returning to work, looking for a higher grade, 190 comments.

How many times can someone be temporarily promoted? For example, if someone was temporarily promoted for 120 days (non-competitively), do they have to wait a year before receiving another temporary promotion?

Yes. If the temporary promotion is extended beyond 120 days, competition is required.

What if they were returned to their lower grade after the 120? Can management temp promo them again say 90 days after the Change to Lower Grade, or would they have to wait a year?

No, they couldn’t be promoted again. They’d have to wait a year.

Does the ‘wait a year’ mean from the start date or end date of the previous temp promo? For example if someone went into a temp promo on August 1, 2016 and ended on November 29, 2016 (120 days later) can they get another temp promo starting after August 1, 2017 or is it not until the end of November 2017?

The Department of Commerce has developed guidance that best answers your question. http://www.hr.commerce.gov/s/groups/public/@doc/@cfoasa/@ohrm/documents/content/prod01_010275.pdf

I looked on the page you referenced in your lastest email on this thread and it does not tell you how long you have to wait per the question Christine asked. Does it go by the time you start the temp promotion, the time you end the temp promotion or is it just by calendar year or fiscal year. That’s the only think I need to know if you could help please.

Despite my best efforts, I haven’t been able to find an official answer to your question. Based solely on my own experience as a federal employee, the year began on the date the first temporary appointment ended. I hope other readers with will chime in with their experience.

What if it’s to a different position entirely?

No problem, as long as it’s a position for which you are qualified at the same grade and pay and in the same commuting area.

Do you have a specific reference for this? Where I can find that the employee has to wait a year.

You’ll find the answer to your question in 5 CFR § 335.103 – Agency promotion programs. Just scroll to subsection (c). As for your request, there is no mention in those regulations of having to wait a year.

In my situation, I was temporarily promoted to a position and had a remainder of 44 days out of the 120 days non competitively. I’m being temporarily promoted again to a different position. The HR didn’t know it was a different position number (it’s the same job title and job series). Management wants to fill the vacancy for 120 days. Since it’s a different job, do you see issues with not being able to fill it for 120 days?

No, I don’t.

Can a temporary promotion be denied?

You’ll have to explain what you mean when you say “denied”.

Yes. If you are going from a technical series to a professional series your time in the tech series counts at a whopping 25% toward a year TIG

How long can a person be temporarily promoted to a higher grade and position before they are entitled to be paid for serving in the higher position?

If a person is temporarily promoted to a higher grade, he is automatically entitled to the pay of that position. You ma be thinking of a temporary detail, which doesn’t require a change in pay.

Where is the regulation for that.

5 CFR § 335.103

If 3 people are temporarily being paid higher position rate until the position is filled. 2 people turn down the offer (senority) and third person accepts. Should first 2 who turned down offer, lose temporary higher wage?

I am new to the federal government and am only at month 9, there is a detail promotion to gs11 which I am qualified and I have been volunteeringly doing similar activities in my current role. I am currently gs9 , can I apply for this detail or must I wait until my 1 year mark.

Unless there is something in the detail promotion announcement that would bar it, you can apply.

Can management hire a term employee under a temporary promotion NTE 120, if the employee doesn’t have a career or career conditional appointment.

Yes, a term employee can be promoted, changed to lower grade, detailed or reassigned to other positions within the time limits of their term appointments to other positions which the management has determined appropriate for filling by term appointment.

Can you weigh in on this scenario?

In January, I applied for a promotion from a GS-12 to a GS-13 and made the certificate, then the federal hiring freeze hit. In March, I received a non-competitive temporary promotion NTE 120 days from a GS-12 to a GS-13 for the position that I had applied for in January. Now that the hiring freeze has lifted and a permanent, competitive selection can be made, on April 30, while serving in the non-competitive temporary promotion, I received a permanent competitive promotion to that exact same position.

My question is that my HR is telling me that since I was serving in the promotion in a non-competitive capacity, that I have to be demoted back to a 12 before I can be competitively promoted back to the 13, thus losing any time in grade that I have earned. But everything I can find online, including OPM, seems to indicate that I should not be demoted. Though the OPM guidance makes no mention of competitive and non-competitive.

What are your thoughts?

According to OPM, you do not have to be returned to your lower graded position when you’ve been competitively selected for the higher graded position. Therefore, your time-in-grade would be continuous.

Do you have a specific reference for this situation ? All I find generically refers to a temp promotion later made permanent. It does Not seem to address the non-competitive aspect of the temp promotion.

Here are two sites that may be of help: https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/promotions and https://www.opm.gov/FAQs/topic/payleave/?cid=7af052ed-d514-4af1-a6d4-a3837176b6c9

As a GS8 with one agency, would I be qualified for a GS11 with a different agency? As I’ve been told that if its with a different agency you could jump 3 grades if your experience level qualifies you for it.

If you met the eligibility requirements for a higher grade, an agency could hire you at that level

To qualify for a temporary promotion do you have to have a year at the next lower grade or can you just qualify based on the job you do. Like if I want to temp promote a GS 9 with only 9 month at that level can they still be qualified to be temp promoted at the 11 level.

Yes, you can.

Are you saying that if you are a GS13 you can get a temporary promotion to the next higher grade without having the 52 weeks – if you have taken on the role/duties? Can you share with me where that is located? I have asked this question and I was told no, I did my own research on the OPM website and don’t see it.

Yes, you can if you meet any of the exception criteria: § 300.603Coverage. (a) Coverage. This subpart applies to advancement to a General Schedule position in the competitive service by any individual who within the previous 52 weeks held a General Schedule position under nontemporary appointment in the competitive or excepted service in the executive branch, unless excluded by paragraph (b) of this section. (b) Exclusions. The following actions may be taken without regard to this subpart but must be consistent with all other applicable requirements, such as qualification standards: (1) Appointment based on selection from a competitive examination register of eligibles or under a direct hire authority. (2) Noncompetitive appointment based on a special authority in law or Executive order (but not including transfer and reinstatement) made in accordance with all requirements applicable to new appointments under that authority. (3) Advancement in accordance with part 335 of this chapter up to any General Schedule grade the employee previously held under nontemporary appointment in the competitive or excepted service. (4) Advancement of an employee from a non-General Schedule position to a General Schedule position unless the employee held a General Schedule position under nontemporary appointment in the executive branch within the previous 52 weeks. (5) Advancement of an individual whose General Schedule service during the previous 52 weeks has been totally under temporary appointment. (6) Advancement of an employee under a training agreement established in accordance with OPM’s operating manuals. However, an employee may not receive more than two promotions in any 52-week period solely on the basis of one or more training agreements. Also, only OPM may approve a training agreement that provides for consecutive promotions at rates that exceed those permitted by § 300.604 of this part. (7) Advancement to avoid hardship to an agency or inequity to an employee in an individual meritorious case but only with the prior approval of the agency head or his or her designee. However, an employee may not be promoted more than three grades during any 52-week period on the basis of this paragraph. (8) Advancement when OPM authorizes it to avoid hardship to an agency or inequity to an employee in individual meritorious situations not defined, but consistent with the definitions, in § 300.602 of this part.

The agency that I work for has been only opening permanent promotions to the higher leadership and tell everyone who is GS-13 and below that they can’t open any permanent slots for promotion because of sequestration. Only temporary promotions have been filled for the last three years. However, other directorates within the same command are filling permanent promotions on a regular basis. Is there any truth to not being able to permanently promote based on the sequestration or continuing resolution?

Agencies can control their spending in a variety of ways. Using temporary promotions rather than permanent is one of their options.

Does time in grade requirements apply to temporary promotions for less than 120 days? And if not, where can I find the regulation?

Yes,as long as you are converted to a permanent position without returning to the lower grade. In addition, the time spent on a temporary promotion would be considered creditable service in the calculation of your next WGI. Processing a permanent promotion without moving you back to the lower graded position doesn’t change the date of the “equivalent increase.” Therefore, the waiting period starts on the date of the temporary promotion.

Can my temporary promotion be extended beyond 120 days if the position has been announced and currently pending permanent fill action?

Only if it is announced competitively and you are selected.

The position was announced competitively as a GS12, but I would not qualify as my temporary promotion is only GS9. Can my promotion be extended until the position is filled?

Only if its done competitively.

Can a supervisor deny an employee the opportunity to apply for a competitive temporary appointment (either detail or temp promotion)?

Understand that the act of applying can not be denied. If selected for a competitive temporary promotion can a supervisor deny the promotion opportunity to a full successful employee? Is the answer (either way) documented where that I can find it to share with an applicant?

Regulations tell you what you can do, not what you can’t. If an employee has applied for a temporary promotion and is selected, no one can block that action.

Our agency post temporary promotion opportunities on the intranet site and they require supervisory concurrence. If I’m selected, can the supervisor deny me the opportunity to work a non-competitive temporary promotion NTE 120 days? Where/what regulations explain this?

Yes, your supervisor can deny you that opportunity if your absence would adversely affect the work your unit needs to accomplish.

If it’s proven that my absence does not adversely affect the work the unit needs to accomplish, is the supervisor concurrence required? Or does the supervisor have unbridled authority to deny me this opportunity?

You don’t have the unilateral right to decide when you’ll take annual leave. If you want to take annual leave, check with your supervisor. If you are only talking about a couple of hours, approval would usually be automatic. However, if several days or more are involved, the supervisor will be in a better position to determine whether your absence will pose a problem. For example if he or she has already approved leave for others on the staff and one or more assignments may have to be reassigned to you.

Am I automatically entitled to the pay of that position under 5 CFR § 335.103 if I was selected by the receiving office’s supervisor but the home office supervisor refused to give supervisory concurrence for the non-competitive temporary promotions NTE 120 days?

But didn’t the home officer supervisor take a personnel action against the employee when not providing supervisory concurrence to the non-competitive temporary promotion even though a selection was made?

I have just recently learned about this and am trying to get more information.

Currently I am a GS5 working in an office that has only 1 of 3 GS9 spots filled. I have for over a year now actively been responsible for a majority of the responsibilities that would normally fall under one of the 9 roles. This has been acknowledged by leadership and I have received multiple praises for my performance. One reason the 9 spots have remained empty is they are in the process of downgrading 2 of the positions to GS7’s. My question is can I and if so how do I go about getting it documented that I have been performing at a 9 level in the absence of one being assigned and receive the pay of such.

Additionally, is there an avenue to fight for a promotion to the 7 or 9 level based on my performance over the past year or more?

How you’ve been performing your job isn’t the issue. It’s the assigned duties assigned in your job description. The only way to find out if those duties are at the GS-7 or GS-9 level is for your personnel office to conduct an audit of your position.

I have a question. I was unofficially temporarily promoted to a higher graded position for over 2 years. I had to take the matter to arbitration for having it documented officially and to get back pay.

If the arbitrator’s decision is in my favor and they make it official, does the 2 years count towards time-in-grade?

If it does, does that mean it counts towards my retirement as well?

Yes to both questions.

Can a person be forced to work in a higher grade position without being temporarily promoted? For example, can management make a GS4 work in a GS7 position without temporarily the GS4 to GS7?

Yes, as long as the assignment is short-term.

Can you provide a reference, if someone has been forced to work at a higher grade for 2 years without pay or documentation? Commander (military) wrote a letter to the employee stating he will have to continue to perform the 13 as well as his 11 job, for no additional pay. There is no local HR to challenge this, and despite a request, no SF-50 issued to document it. I would like to be able to point the employee to a law/regulation on this issue.

Hello Reg, I have a scenario similar to some of the above situations. I am a permanent GS-13 step 7, due for my WGI to step 8 on 18NOV2017. OPM rules state that increase is effective the following pay period, which would be 26NOV2017. However, on 20AUG2017 I was detailed and temporarily promoted to GS-14 step 4 (2 step rule), and continue to serve in that position – likely until 25NOV2017. I have now been competitively selected for a permanent GS-14 position in the same geographic area, and my report date is being discussed as 26NOV2017. Based on ‘time served,’ I expect to start at GS-14 step 5. I am concerned I may lose out on a step increase. Should I be? Thank you!

You may find the answer you’re looking for at the following website: https://www2.usgs.gov/humancapital/hr/documents/withingradeincreasesfs.pdf

Hello Mr. Jones,

I was working in an temp promotion position (TCS), then was temporary promoted to the next higher grade NTE 120 days. Upon the end of my temp promotion NTE 120 days, I was told I couldn’t return to the grade I was prior to the temp promotion NTE, I would have to return to my permanent grade prior to my TCS. I never left the location I’m in, however my SF 50 supports I went back to my home station was changed to a lower grade. Is this the proper procedure? If not, what reg should I reference? Thank you

Yes, it was the proper procedure.

I am in the second year of a NTE 3-5 years promotion. I went from GS12 to GS13 for the NTE. Since I have comepleted one year at the GS13, can I now apply and be considered non-competitively for a permanent GS13 position?

You’ll have to check with your personnel office.

Can a lower grade be promoted if they are performing the next higher grade duties on a routine basis? Scenario: My supervisor has been away on and off for ongoing medical treatments for the past year. There are many work weeks where he only works 2 days or takes a week or two off a month for treatment. The result is that the burden of work and duties default to me when the incumbent is away. He is scheduled to retire in 5 to 6 months but the reality is that until then, I will be performing both mine and his duties (30 to 50% of the time) until then. I would appreciate any guidance or references to this type of situation.

I am a Gs-4. For the last year and a few months, I’ve taken on half of our secretaries duties, to include supply and contract management. Our secretary has decided to retire next yr. in Feb which is less than 4 months away. The store administrator has asked that she trained ME to take over. It doesn’t bother me, but I feel I should be paid adequately.. please advise

I’m not aware of any way your pay could be increased.

Hi – What is the effect of the Hiring Freeze on a temporary promotion? Would an incumbent in a temporary promotion at the start of a hiring freeze simply be left in their position without the mandatory competition? See https://www.defense.gov/Portals/1/Documents/pubs/OSD000999-17-RES-Final.pdf at p. 5, Section B, part 3.

Also, it is well-settled that the while the initial temporary promotion can be management’s mandate, what happens if the second 120-day temporary promotion is not competed and simply goes the management’s designee? Sounds like a Prohibited Personnel Practice to me.

The answer to your question and your surmise are best answered by DoD, not this site.

I am an 1811 SSA/GS-13. My ASAC (GS-14 position) retired and I was filling the position for just under 120 days. No SF-50, no additional pay provided. Is this a temp promotion or a temp detail? Am I entitled to GS-14 pay? If so, does the agency have to pay me, or is it optional? Thank you!

Only your agency can answer that question.

I was temporarily promoted to a 13 and now a reassignment opportunity has come up for a 13. Is that something I am eligible for since technically I am a 13 at the moment?

Check with your HR office.

Hi, I am a GS 13 step 4 eligible for a within-grade increase in 4 months to step 5. I’ve now received a temp NTE one year promotion to grade 14 step 1. My questions are 1) Will I still get a step increase in 4 months to GS 13 step 5, which means I would then also be temporarily promoted to GS 14 step 2? 2) Also when I return in a year to a GS 13, will my one year of GS 14 count for anything, for example if I subsequently get a permanent promotion to GS 14 will my one year prior service as a GS 14 step 1 allow me to go to GS 14 step 2 any faster? Thanks

No, you wouldn’t be temporarily promoted to GS-14 step 2. Yes, the time would count toward future step increases.

If a there is a temporary promotion to a GS14, how would it be handled to go permanent if the individual is 30% eligible veteran? Would the Veteran still have to compete?

what if you are a GS8 and take a non competitive detail of a position that is a GS6, what are the guidelines for that? There is no promotion or pay increase. How long could your detail be?

The detail of an employee from one position to another with no change in pay is an option available to each agency. As a rule, such details are for a maximum of 120 days.

Can I do details followed by NTE 120 days Temp Promotion?

Maybe or maybe not. Your agency is in the best position to answer that question.

Hello Reg. My colleague left the agency after getting a GS-15 offer. His position was a GS-14. My supervisor with through great effort over a year ago to rewrite the PD’s so it would be plan to see the differences in duties and responsibilities between the 13’s and the 14’s. My Colleague left about 6 months ago and I was asked to take over his duties and responsibilities and have done so for the past 6 mounts as a 13. My question is based on fairness. When I inquire about the 14 position. I am told that grade and promotions are frozen through this fiscal year. Do I have any recourse to try to get the promotion? Thanks.

Unfortunately, no.

Hello Reg, Currently I’m a gs 8 non supervisor preforming all my required duties in addition to all the duties of a vacant gs 11supervisor and a gs11 non supervisor position for over a year with out a temporary appointment. On avarage working 24 to 48 hrs of overtime a pay period,no end in sight. How can I be compensated for filling these positions?

While your agency could recommend you for a quality step increase or a cash award for your exceptional performance, there’s no other way that you could be compensated.

Can the 2 step rule apply when going from one temporary promotion NTE 1 year up to 5 years to another higher grade temporary promotion NTE 1 year up to 5 years?

Our GS13 supervisor is out on FMLA and expected to return in six months. Instead of temp promoting the one and only GS12 in our office, the agency has decided to announce a temp promotion at the GS12 level to broaden the applicant pool. So, if the GS12 applies it would only be a detail. Does the agency have any responsibility to also announce a temp promotion at the GS13 level?

No, it doesn’t.

If I accept a term or temporary appointment (at a higher grade) will that count towards my high-3 or is there some exclusion for those types of appointments when it comes to high 3?

Yes, it will count. That’s because your high-3 will be based on the Basic pay you received during your highest 78 consecutive pay periods.

I’m currently on a Temporary Promotion for 120, which ends next week. From what I’ve read, I’m only allowed one TP per year unless they advertise for it to be extended. My questions is can they give me a promotion and or reassign me to this position without competing for it. Is there an alternative, so as not to go back to my previous level? What implications will there be for going back to a lower grade?

No, they can’t give you a promotion nor is there an alternative to your going back to your previous level.

If my office posts a vacancy for a temporary promotion (lets say at the GS-13 level) not to exceed 1 year. Can applicants that are currently GS-13’s apply and be considered and/or referred? If so how and based on what rule?

You’ll have to check with you personnel office to find out if their are any limits to who can apply.

I applied for and successfully competed for temporary promotion / detail opportunity. I received SF-50 showing temporary grade increase from a GS-09 to a GS-11 with an NTE date 120 days from start date. Can I be extended another 120 days without competition? What is the maximum amount of time for extension?

For an answer to your question, go to http://retirement.federaltimes.com/2011/06/28/temporary-promotion-rules

I am a permanent GS-9 and there is a NTE 1 year Temporary promotion or reassignment to a GS-11. If I was to compete for this and get it, what happens when my year is up? Would my old position still be there or would I have to find another permanent job before the year is up?

Your agency must return you to your old position or one for which you are qualified that is equivalent.

How is “one for which you are qualified that is equivalent” defined? I’ve not been able to find any regulation defining this. Can you please provide a reference? I’ve been told that it’s dependent upon what is vacant and available in the table of organization at the time I resume my original position of record at my duty station. Thank you.

An equivalent position means a position that is virtually identical to the original position in terms of pay, benefits, and other employment terms and conditions (including shift and location).

I am a GS 13. I was competed for and was temporarily promoted to a GS 14 position NTE to 1 year. My year ends Sept 30th, 2018. I would like to go back to my old position or equivalent. But my agency wants me to stay in GS 14 position for another 120 days, as a temp detail. May I decline? I lose the pay bump, and there’s NO promise to compete this position as a permanent one.

Yes, you are free to decline the extension. However, the fact that “there’s NO promise to compete the position as a permanent one” ought not to be your sole reason for declining it.

I have been temporarily promoted three times from a GS11 to the same GS12 position. The first time I was promoted was from March 2015 until June 2015. The second time was from November 2017 until March 2018 (Non Competitive 120 days) and the current one from June 2018 to November 2018 (Competitive). Adding all the weeks I will have more than 52 weeks as a GS12. Do I have any retention rights?

But, having completed the 52 accumulative weeks, am I able to apply for GS-13 even within my agency? If yes, how should I demonstrate that on my resume? I have the SF50 to as evidence.

You can apply for any position for which you qualified and that is not restricted, for example, to candidates outside the agency. You don’t have to demonstrate anything. Your personnel file will contain all the information that’s needed.

I have been in a temporary promotion assignment since September 2018. My 120 days will expire in January 2019. Since the 120 days crosses over to the new calendar year does that mean my detail couldn’t be extended to another 120 days without competition? The reason why I am asking is because my Agency has been trying to fill this job for a year now and is currently considering applicants that applied for the position on a permanent basis.

Temporary promotions aren’t limited by calendar years. They end after 120 days.

I’m currently a GS-07 non-supervisor, who has been tasked w/ taking on all of the duties of a vacant GS-11 non-supervisor pos in the office. I was advised that I could not be put into a temporary out of class pay for the 11’s job, bc it’s too high of a jump. Is that true? Also, can you pls let me know if it is it legal (or within regs) for me to have to do all of the GS-11’s duties, in addition to my normal GS-07 duties, without compensation?

Yes, it is legal for them to ask you to fill in. No, you can’t be expected to do all the duties of that position, only the ones for which you are qualified.

Thank you for the reply, I very much appreciate it. I’ve been doing everything for the past four mos, all on my own. They have now provided me w/ some temporary help. In essence, I could file a grievance, correct?

Yes, you could file a grievance. Whether that is in your best interest is something you’ll have to decide. If you feel that your agency is doing the best they can with available resources, that might not be a good idea. On the other hand, if you feel that they are taking advantage of you, then filling a grievance might be worth considering. However, before doing that, you should talk with your supervisor, explain your concerns, and find out both how long this assignment is expected to last and why.

I have been in a temporary promotion position (NTE 1 year) since October 1, 2018. I am electing to return to my previous lower-graded position at my old office. They are doing 120 day rotations for a supervisory position at my old office. Will I be eligible for a 120 day rotation there after having been in a temporary position previously?

Nothing that I’ve been able to find says that you wouldn’t be eligible for a 120-day rotation.

I’m currently a GS11/6 and was offered a Temp Promotion which is for 2 years @ GS12 /4. After the 2 years is up will my pay revert back to gs11/6?

Yes, it will.

I applied for, interviewed for and successfully got an NTE 120-day temporary promotion from a GS 12 to a 13. I am interested in applying for another temporary promotion to a different job series within the same 12-month period. However, I am unclear if the first temporary promotion was competitive or not, which would determine if I can apply for another temporary promotion in the same 12 months. How do you know if you “competed” for a temporary promotion? Is there anything in writing I can reference?

You’ll have to check with your personnel office. They’ll have a record of the announcement and and the selection process.

Hi. If I obtained a competitive temporary promotion which was over a year, then returned to my permanent position one grade lower, does my pay when returned undergo the application of the two step rule? I understand temporary promotion definition but 5 CFR531.403 also states a temporary promotion past a year is considered a permanent position.

I have completed 3 non consecutive temporary promotions at the GS-13 level. Am I now eligible to apply for GS-14 positions as a GS-12?

That’s a question that would be best answered by your agency’s personnel office.

Good Afternoon, I am a permanent GS-12 at my home station but competed for and accepted a deployed TCS GS-13 assignment NTE 13 Months on 19 August 2018. Am I eligible for a non-competitive 120 day temporary promotion on 1 June 2019? If so, how does that effect time in grade? Will I have 9 months time in grade for my GS-13 time and 4 months for my GS-14 time, or will all my time in grade be determined by my competitive placement (13 months as a GS-13)?

Thank you for your information.

“What if” questions like the ones you’ve asked are best answered by your servicing personnel office.

I am a GS 13 and was temporarily appointed to a position non-competitively which recently ended after 120 days. There is a different GS-14 position within the organization that they are looking to fill non-competitively and I am wondering if I can be considered for it or if I have to wait a full year. If you can please let me know, that would be great! Thanks!

No, you can’t be considered for it.

If someone is in a NTE 1 year promotional detail can they be moved back to the original lower grade position because the did not hire behind it and are down needing help?

If you serve a temporary promotion for over a year, and have the supporting SF-50, are you eligible to apply none competitively to that grade? Such as an individual is a GS-13, but temporary promoted to GS-14 for one year. That person doesn’t get the promotion and goes back to the Gs-13 position. Are they able to apply as a lateral to a GS-14 as they have 1 year time in grade?

I was given a Temporary Promotion (with pay) that started on 20 July 2019 and is going to end the last part of October 2019. My supervisor wants to place me in a Temporary Detail (without pay) as soon as the Temporary Promotion ends. I want to do it to continue to gain experience.

Can my supervisor do this?

What do you mean when you say “without pay”?”

When I say without pay, I mean I will go back to being paid at my actual pay level. The temporary promotion was to a GS-14 and I am currently being paid at the GS-14 level. My question is: Can I be placed in a Temporary detail at the GS-14 level immediately after my Temporary Promotion ends? What is the difference between a Temporary Promotion and a Temporary Detail or are they the same thing?

A temporary promotion is intended to meet the temporary needs of an agency’s work needs when those services can’t be met by other means. To be temporarily promoted, an employee has to meet the same qualification requirements that are needed for the permanent promotion. He or she receives the higher graded salary for the period assigned and gains quality experience and time-in-grade at the higher grade level. The 120 days can be made noncompetitively. In other words, the employee doesn’t have to compete with other employees for the temporary assignment.

A detail is the temporary assignment of an employee to a different position or set of duties for a specified period when the employee is expected to return to his/her regular duties at the end of the assignment. An employee who is on detail is considered for pay and FTE purposes to be permanently occupying his or her regular position. Therefore, there is no change to the employee’s grade or salary while serving on the detail (even though the duties associated with the detail opportunity may be classified at a higher or lower grade level than the employee’s current position).

So once I finish my Temporary Promotion where I’m being paid at the GS-14 level, I can then serve in a detail in that same job immediately after the temporary promotion ends, I would just be paid at my regular grade level correct?

If that is the case, how long can the detail last?

How long? That’s up to your agency to decide.

Thank you for the information on Temporary Promotions and Temporary Detail

Can an individual who was recently promoted (4 months ago) from a GS 12 position to a NTE for 1 yr at the GS 13 level, compete for a permanent GS 14 vacancy announcement through merit promotion procedures?

You’ll have to check the vacancy announcement to find out if there are any restrictions on who may apply for the position, e.g., “must have served at the GS-13 level for at least 1 year.”

Does 120 days temp promotion get included into you average high three for retirement?

Yes, as long as it falls within your highest three consecutive years of average pay.

I worked for a DoD unit in Germany as a GS-12. My boss resigned leaving the position vacant. I was given a temp promotion to GS-13 for 120-days. At the end of the 120 days, our organization was under a hiring freeze and I was required to continue working in the GS-13 position, even though I was reduced back to the rate of a GS-12. Once the hiring freeze was finished at seven month mark, it was determined that the civilian positions in our part of the organization would go away once I was transferred back to the states. I continued to work in the capacity of the GS-13 position for a total of 15 months, 11 of those only being paid and recognized only as a GS-12. Is there any recourse I can take to get back paid for the level of work I was required to do, and get recognition for the more than 12 months of GS-13 experience that would make me eligible for higher promotions?

No recourse that I know of.

I am a permanent WG-8 and have been selected for a WS-7 supervisor Not to exceed 5 years. I am not happy with the new job. Can i just tell my supervisor and be converted back to the permanent WG-8 in the same department i was in before i accepted the WS-7 position?

You can ask you supervisor and hope that he will be able to do that.

Under the following scenario, am I eligible for a Career Ladder Promotion?

I applied to a Competitive Announcement. I was selected and I was Temporarily Promoted from a GS 9 to a GS 11 . My Temporary Promotion has now been extended an additional year. The position is GS 11 with a Full Potential of GS 12. Since I have now served a year at the GS 11 in this Temporary Promotion, am I eligible for a Career Ladder Promotion to the GS 12? I cannot find any guidance on this, if you have any I can share with my supervisory, it would be very helpful.

I’ll have to defer to one of our readers who may be better qualified than I am to answer your question.

I have worked in a GS 13/14 equivalent pay band position for 2-1/2 years; if I am offered a (competitive or non competitive) temporary promotion to a GS 15 equivalent pay band supervisor position, can I receive a permanent promotion to this position under direct hire authority (schedule A)?

There are too many variables. You’ll have to present those scenarios to your local personnel office and find out what they have to say.

I have a colleague who competitively competed for a GS-13 temporary position NTE 5 years. The reason for that position was a specific project and money being sent from another organization to pay for that GS-13 position. However, the project ended early thus no more money and the organization ended the temporary position. He was told he goes back to his old GS-12 position and pay by the local HR department. Is this correct? He feels he should get to keep his pay since he served in that position for longer than 52 weeks (approximately 60 weeks). Thanks!

It all depends. You may find your answer at https://www.opm.gov/policy-data-oversight/data-analysis-documentation/personnel-documentation/processing-personnel-actions/gppa14.pdf .

Apologies if you have answered this question already. I was temporarily promoted to a positon in our office and completed the 120 days, 3 months ago. We’ve had another employee depart, same series and grade as the previous temp promotion. Can I be temporarily promoted to the new vacancy?

I couldn’t find anything saying that you can’t. If anyone else has better information, please share it with us.

I am currently a GS-11, but have been in an acting capacity at the Gs-12 level several times over the past few years totaling more than 12 months time performing GS-12 duties and gaining experience. There is a GS-13 being announced that fits my experience outside the VA that’s only open internally, so I’d need to mee the 1-yr time in grade at the GS-12. Is there a way for me to use the 12 months + acting in a GS-12 in order to meet the time in grade? How is this best documented when applying in order to be considered qualified?

You’ll need to pull out the Standard Form 52s documenting the beginning and ending dates of your time as an acting GS-12. However, if, as you wrote, the job is outside your own agency and open solely to internal competition, you wouldn’t be eligible to apply for that position.

In the original posted answer in this thread, you wrote that, “The maximum time period for a temporary promotion is five years, unless OPM authorizes the agency to make and/or extend it for a longer period.” I located this reference in § 335.102, Agency authority to promote, demote, or reassign. Thank you for that.

My question relates to how one can reasonably and factually find out if a given, specific agency has been given this extension authority by OPM and for how long? My servicing HR office (a regional office) is so overwhelmed that even basic inquiries go unanswered for long periods of time. So posing this arcane question to them seems difficult, at best. Do you know of another resource to answer this agency-specific question, or even how to approach this quandary? Thank you.

Hi, I am a GS9 step 5 and was due for a step increase in pay period 26 in 2019. However, I did serve in a temporary promotion for 120 days as a GS11 step 1 within the last 2 years. When that was done i moved back to GS9 step 5. Should I receive the step increase after an additional 120 days beyond pp 26?

The time you were temporarily promoted counts toward the time needed for a step increase.

Hi, I’m a GS-12 that applied for a temporary detail that was competitively advertised as a GS13. The detail is advertised as temporary NTE 1 year but extendable up to total of 4 yrs. The position announcement states that “SELECTEE(S) MAY BE CONVERTED WITHOUT FURTHER COMPETITION, IF THE POSITION BECOMES PERMANENT. SELECTEES WHO ARE NOT CONVERTED TO PERMANENT POSITIONS WILL RETURN TO THEIR FORMER POSITION OF RECORD OR LIKE POSITION (SAME GRADE, FULL PERFORMANCE LEVEL AND LOCATION), AFTER COMPLETION OF THE TEMPORARY ASSIGNMENT”. If selected and accepted, what documentation should I seek to show that I am working at a GS13 level before, during and after the detail?

You’ll need a copy of the position announcement and any Standard Form 50s that are generated before, during, and after the event.

I’m a GS-12 that was in an “Acting” GS-13 Supervisory position for 180 days when our supervisor left the agency. I was told I could not go past 180 days or I would have to paid as a GS13. I inquired about a SF52s being generated and was told it was being looked into. I’m not sure I’m getting the correct info from my agency. What should I receive for 180 days in a GS-13 slot?

It appears that your were temporarily assigned for a period of time not to exceed 180 days. During that time you continued to receive the salary of the position from which you were detailed. At the end of that detail, you were returned to your official position of record. That personnel action will be included in your OPF.

I was told I would not be receiving SF52s or any notes in my 0PF as that had to of been done while I was in that position. Since I’m no longer in the position they will not generate anything?

If you occupied that position and carried out its duties, your agency is required to document that fact on an SF52. If it wasn’t done at the time, it should be done after you return to your former position.

Can a probationary employee be Temporarily Promoted (NTE 120 days)?

I can’t find anything in writing saying that it can be done, nor can I find anything in writing that says it can’t.

If a person who is a GS-8 receives a 120 day temp promotion as a GS-9 and then returns to the GS-8 position upon reaching the NTE date, does that 120 days count toward a WGI at the GS-8 level they are permanently in?

I was a permanent GS-13 employee and was competively temporarily promoted to a GS-14 not to exceed 5 years. My question is, does my time as a temp promoted GS-14 count as time in grade? So I would qualify for a permanent GS-15 position after at least 1 year as a temporary promoted GS-14? What about if the GS-15 was a temporary promotion position as well, can you be temporary promoted from your temporary promotion position?

Also does the salary in a temporary promotion count towards your high-3 in regards to retirement pension?

Yes, the time you spent in the higher level position counts toward your time-in-grade in your permanent position. It will also be included when your high-3 is determined. While I doubt that you could be promoted from one temporary promotion to a higher temporary position, I haven’t found anything in writing that would prevent it.

If you do three 120 day details in a temp promotion, does that qualify you as having time in grade at that GS level (even though it’s 360 days and not 365) or do you need to do some combination of details that the total is over 365 days to be considered having time in grade?

Time spent on details is calculated no differently than time spent in you original job.

I have been on a temporary appointment at GS-14 step 2 for two years which ends in two months. The agency can’t extend the assignment and they are telling me I’d go back to GS-13 Step 4 which was my last position. I would like to retain my current pay. Could the agency place me back as GS-13 but at a higher step that matches my current salary? If yes, or no – could you reference the regulation please?

I can find nothing in law or regulation that would allow your agency to set your step at a level higher than you are currently entitled to.

Do i keep my pay after 1 NTE when returning to my old position?

I have been an acting 14 for 17 months and counting. I was temporarily promoted competitively during that period for NTE 9 months. That has ended and now I am back to my previous grade but still in an acting capacity. I have applied and have been told I will be selected permanently. If that happens, will I be able say my TIG is over a year at the 14 level when it comes to calculating my step level, ie. 14-4 since my TPRO was at 14-3.

Any period during which you were temporarily promoted would count toward your time-in-grade at that level. Time served in an acting capacity would not.

Reg, thank you very much for this message board- it is a helpful resource.

I am a GS06 Step 6 Admin Asst. currently in a detail as a GS06 St. 6 Secretary’s Assistant. My detail ends in three weeks. The highest grade level I’ve ever held was as a GS07 0025 Park Ranger for six months.

If a detail (not a promotion) comes open for a GS09 Park Ranger, do I qualify for this detail? Does it make a difference if it’s competitive (longer than 120 days- i.e. will the fact that I don’t have 52 weeks as a GS07 count against me)? My understanding is that I should qualify, as you can take multiple details in a year, and there is no time-in-grade requirement for a detail, even if it is competitive. If you have time, please let me know what you think. Thank you

I took a lot of time mulling over your question and conclude that there’s no impediment to your applying for that detail.

I have a colleague that received a temp promotion for 70 days. Now they want to apply for another temp promotion in the same calendar year. This person was told by HR that they can only apply for one temp promotion in a calendar year, regardless of duration. I believe this is incorrect and that they are able to receive another temp promotion in the same calendar year NTE 50 days. Can you please help clarify who is correct?

I’m not aware of any government-wide limit to the number of temporary promotions an employee can have during a year.

I have a past employee that was detailed out of an arduous gov position (fire) and into a lower grade to accommodate her pregnancy. She has returned to work over the last two months and an opportunity to detail into a promotional position has come up. Her supervisor was in support. In short she was offered the detail and now her supervisor has had a change of heart and is denying the temporary promotion due to staffing shortages. And also states that she will need to wait a year because she just finished a detail in a lower positions. Ive always been told a supervisor can not deny a temporary promotion detail in the federal government. It’s this true or false

Since the detail to a position with a promotion is a different one from the one she was detailed to earlier, the one year rule doesn’t apply. Failure to let her take that position could be considered an adverse action and would be appealable.

Finally was promoted permanently after almost 2 years in an acting capacity, with nearly a year being a paid TPRO. I originally had questions regarding the effect on my TIG and WGI. I received credit for TIG but unfortunately, it had no impact on the step I was promoted at or the date of my next WGI.

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The Military Wallet

Temporary Duty Assignments – Understanding Your Pay & Benefits While on TDY Orders

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TDY is the three-letter acronym that often leaves servicemembers and families confused. Get to know the various types of Temporary Duty Assignment (TDY) or Temporary Assignment Duty (TAD) to keep your finances and sanity from teetering into the red when you are on TDY orders.

Fully  understanding your military assignments and benefits is the benchmark of a seasoned servicemember. Pay increases or decreases, what per diem covers, and whether or not family members could or should accompany are all factors to fully grasp before going TDY.

Three Types of Military Orders

There are three primary types of military orders:

• Permanent Change of Station (PCS)
• Temporary Duty Assignment (TDY)

Of the three, TDY orders are likely the most complex, as they can be issued as an add-on to additional orders like a PCS. In addition to complexity, TDY orders also offer the most flexibility for servicemembers and their dependents to determine how they will handle assignments, placing them in a location anywhere from just a few days to six months.

There are likely dozens of situations where TDY may be issued. Some examples include additional schooling, career specialties that require frequent travel, or completing special assignments for the military. In nature, the assignments are meant to be short in duration and non-permanent.

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Financial Considerations of TDY Orders

The financial characteristics of TDY are perhaps the most important piece to understand. Consider TDY orders to be similar to travel for professional civilian jobs (like conferences). The organization, in this case, the military, will authorize a certain dollar amount per day called “per diem” for everyday expenses such as food, lodging, and transportation. Essentially, additional TDY pay on top of your regular pay is an additional fixed budget given to you per day. It is the servicemember’s responsibility to budget adequately.

You may be eligible for per diem even if you are temporarily assigned in the same state as your current duty station depending on the situation.

While on assignment, it is critical to keep the following receipts so you can have them validated for reimbursement upon return.

• Meal receipts
• Taxi/Uber/shuttle expenses
• Any travel costs like flights, subway, etc.
• Daily mileage totals (if you are traveling in your own vehicle)
• Incidental expenses or any unexpected costs directly related to daily operations

According to the Department of Defense , “A Service member ordered to a U.S. installation must use adequate and available Government quarters.” This means that if lodging is available, you will likely be required to stay in military housing, such as the barracks, or in installation hotels or accommodations. While exceptions to policy (ETP) do happen, it is largely dependent on a host of factors.

Exceptions to Policy (ETP)

Let’s say, for example, that following his commission , a soldier receives TDY orders to Basic Officer Leaders Course (BOLC) which requires a six-month stay. The soldier has a family and would prefer they accompany him to the training and he requests to stay in off-installation accommodations for the duration of the training course.

While it is not guaranteed, this is a strong case for ETP to be considered. Off installation accommodations would offer greater flexibility to find budget-friendly options within per diem that also include benefits such as on-site laundry and kitchenettes.

When overages or excessive fees are incurred or circumstances constitute an exception to policy, the Authorizing Official (AO) will need to pre-approve the charges before they will be reimbursed. You may not be reimbursed if you are not given pre-authorization, so it is essential to communicate prior to making decisions that will incur costs.

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Per Diem – What is Covered on TDY Orders?

Knowing what is not covered in per diem is just as important as knowing what is.

The military will not cover alcohol purchases in stores or in restaurant establishments. If a servicemember chooses to consume alcohol with their meal, a separate receipt would likely be the best choice, additionally, any charges will be the full responsibility of the individual. Additionally, when deciding to consume alcohol, a full understanding of what hours are considered on and off duty is the responsibility of the servicemember.

Family Separation Allowance (FSA) is an additional benefit offered to servicemembers when they are on assignment away from their family greater than 30 days. It is important to note that if a servicemember’s family accompanies the active duty member for the entire duration of the TDY, FSA would not be considered. However, FSA benefits do apply when dependents visit the servicemember for less than 30 consecutive days.

The eligibility for FSA may be extended to National Guard and wounded warriors, depending on the type, length, and restrictions of the TDY assignment.

Meal rates are based upon location, just like in the civilian world. Speaking with the Authorizing Official (AO) before going TDY to get a precise dollar amount for per diem is highly recommended. A portion, but not always the full amount of gratuity is also included in travel-related expenses.

An often-forgotten component of TDY rates includes factoring in “included” meals provided by the conference or government in your stay. If two out of three meals will be provided, rates may be reduced per day as well as any additional meals. Religious or dietary requirements are an exception to the policy if the traveler meets all requirements. All servicemembers should speak with their local Authorizing Official, command, and financial office to ensure they are fully up to speed.

Going TDY can provide an interesting change of pace and has the potential to put some extra cash in your pocket depending on your budget and personal preferences. If you are someone who likes to cook for yourself in a kitchenette you can save some money. But if you are expected to attend formal functions, eating out often, TDY can get expensive. With a little planning, your TDY experience can be a good one.

About Post Author

Samantha Peterson

Samantha Peterson is a regular contributor for military publications such as The Military Wallet, Military Families Magazine, We Are The Mighty and more. She feels passionately about telling compelling stories and crafting captivating narratives. Living life one PCS at a time, she’s travel schooling her children while tackling careers in the nonprofit and environmental sector all as military life allows.

Featured In: Samantha’s writing has been featured in We Are The Mighty, Military Families Magazine, InDependent, Reserve + National Guard Magazine, and other publications.

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Campus Policies

Temporary pay increases & interim/acting appointments, policy contents, policy statement, reason for policy, definitions.

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Related Information

• Effective: 07-26-2022
• Last Revised: 07-26-2022
• Responsible University Administrator: Vice Chancellor for Business & Finance
• Responsible University Office: Human Resources
• Policy Contact: Lolita Schumacher Manager, Compensation & Payroll • [email protected]
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This policy shall be applicable to all regular full-time and part-time Administrative, Managerial/Professional, and Office/Service positions.

Whenever an employee is asked and/or is required to (a) assume significant additional responsibilities because of the departure or extended absence of another employee or (b) is placed on a special project/assignment that requires a significant adjustment in the individual’s job responsibilities, the immediate supervisor should conduct a review to determine if a temporary appointment or pay increase is warranted. Pursuant to the guidelines and procedures herein, the employee shall be fairly compensated for such additional work.

Temporary Pay Increases

Pursuant to NU Values Compensation Guidelines Section 8, a temporary increase in pay may be appropriate when there is a temporary increase in an employee’s job responsibilities. Employees may be requested to perform tasks that are outside the scope of regular duties, generally at a higher level, for which compensation in excess of base salary may be paid as a temporary increase in pay. Temporary increases may not be given for performance-based compensation. The temporary increase will not extend beyond twelve (12) months.  Temporary increases may be suspended or discontinued for extended leave under current NU leave policies. Rate change and rationale for the temporary increase must be documented in writing using a personnel action form (PAF) for nonexempt employees or a recurring payment form for exempt employees.

Interim or Acting Appointments

In the event an administrative position is vacant as a result of separation, resignation, incapacitation, extended leave of absence, assumption of other temporary responsibilities, or otherwise individual is unable to perform their duties, an Interim or Acting appointment may be made. The interim or acting appointment will use the vacant position number to assign the additional pay.

The expected timeline for the interim/acting appointment should be clear.  An interim/acting appointment will not extend beyond twelve (12) months. If a longer term is needed, review and approval by the appropriate supervisor are required for an extension.

Compensation for an interim/acting appointment should be determined by evaluating the individual’s current salary and the salary of the position to be assumed. The temporary adjustment should reflect the level and scope of the responsibilities assumed but is not required to equal the actual salary of the former incumbent.  Rationale for the specific increases must be documented in writing using a personnel action form (PAF) for nonexempt employees or a recurring payment form for exempt employees.

When an individual assumes an interim/acting appointment, adjustments should be made to that individual’s existing job responsibilities so that he/she has the capacity to perform the expected responsibilities. This may require adjustments (either acting appointments or temporary duty pay increases) for additional employees. The impact of the interim/acting appointment on others’ workload must be evaluated and documented. 

Review/Approval

All temporary pay increases and interim/acting appointments are recommended, with the appropriate documentation, by the appropriate vice chancellor to the chancellor for review and approval. For certain administrative positions, presidential and Board of Regents approval are required. 

Interim Appointments:  An appointment of an individual into a vacant position where the person formerly in the position will not be returning to that title.  Such appointment may not extend beyond twelve (12) months unless reviewed and approved.

Acting Appointments:  Appointment of an individual into a vacant position when the individual formally in that position is expected to return to the position. Such appointment may not extend beyond twelve (12) months unless reviewed and approved.

Personnel Action Form (hourly nonexempt)

Recurring Payment Form (salaried exempt)

This policy is designed to align with NU Values Compensation Guidelines, Section 8 , found on the UNO Human Resources Compensation webpage.

New policy approved by the Senior Executive Leadership Team on July 26, 2022.

10 Tips for Successful Temporary Assignments

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Organizations use temporary assignments for a variety of reasons. These assignments are usually loosely controlled activities of convenience for the individual, the boss, the organization, the family, or all of the above. Sometimes temporary assignments are for a specific project, such as to serve on a transition or integration team during a merger or acquisition. Many of the most respected organizations use temporary assignments as a way to enhance the skills of an individual or to test the person in different ways prior to a promotion to a higher level. If a person is truly on a fast track and being seasoned by some temporary assignments, it is imperative that he or she be told this information. That will serve as a great source of motivation and fortitude to endure the hassles.

Temporary assignments can be delightful opportunities to pick up new knowledge and to shine in a different way that has more exposure than the status quo. As all businesses become more global, temporary assignments give rising executives a convenient way to become more sensitive to cultural differences. Not all temporary assignments involve relocation; they can be just a transient change in function.

In a merger or acquisition process, there are often numerous temporary assignments because, by definition, conditions are changing dramatically. It is important to have some people pulled out of the daily business decisions to focus on the integration effort. In the steady state, these design and policy-making positions will no longer exist, so during the transition there will be numerous people in temporary slots.

Note: I am not referring to “temporary” or “contract” jobs, which are often used by organizations to reduce costs due to lower benefit costs. I am focusing on permanently employed professionals who have a defined position but are given different duties for some short period of time, usually less than 2 years.

The science of making temporary assignments work well is rather eclectic, and the track record of success is spotty. This paper deals with some of the problems that can occur and several ideas that can help improve the probability of success.

• Poorly defined position – This often occurs when the reason for the temporary assignment is done for convenience. The person needs to be moved in order to eliminate some issue or to provide a slot for another individual. The assignment is drawn up hastily, often without much documentation of what this person will actually do. The focus is on getting the person moved quickly. The cure is to take the time to consider at least a partial list of duties that will be transferred with the individual. Make the assignment one that includes a real challenge, along with the authority to make professional decisions that help the organization.
• Inadequate facilities – Many temporary assignments require people to perform in ad hoc or formal project teams. Finding a central location with the proper facilities in which to do the work is a typical challenge. For some period of time, individuals will have to work out of hotel rooms or sparsely-equipped community gathering places. One obvious alternative is to rent fully equipped and furnished office space from a real estate vendor whose business is providing flexible and convenient housing for professionals on the move. Another potential source of facilities is the real estate listings. Often there are buildings that are being underutilized due to bankruptcies or other discontinuities. The owner may be happy to make some low cost office space available rather than have a location atrophy while waiting for a buyer.
• Inconvenient location – In most cases, people chose their domicile location to allow a reasonable balance of work function and lost time due to the daily commute. If a temporary assignment changes the pattern significantly, it can present a real hardship. Since, by definition, a temporary assignment has an end point, it is not likely the individual will go through a change of residence, and instead will choose to endure the hassle of a much longer commute. Often the need requires an individual to live in a different city and fly home on weekends for months on end. Sometimes it is possible to arrange temporary housing for the person in a convenient location to the job that allows the entire family to move in yet still maintain the original residence for the return path. This is a typical scenario for expatriates. The downside is that the vacant home needs to be made secure while unused, which can get expensive.
• Lack of Authority – Since the roles of a temporary assignment are transitory by definition, individuals often feel a lack of authority at a time when they are forced to assume greater responsibility. They can see all the work and the confusion of carving out a niche of credibility, but they have little formal purchasing power to make their decisions stick. If individuals do not like or are threatened by the changes represented by the person in a temporary assignment (which is often the case), then it is possible to make the assigned person miserable through any number of ploys. Some people will get cynical and drag their feet, others will take a passive aggressive attitude, still others will undermine the individual through rumor or other hostile means. All of these methods can be like a Chinese water torture for an executive who is already under immense pressure. The antidote here is to give decision rights to the individual on the assignment and back up this person’s decisions and actions publicly.
• Bad Personal Chemistry – An individual doing a temporary assignment is often entering a society with little knowledge of the people, customs, and culture. The reason for this person coming in may not have been well explained, and the individual is forced to establish new relationships from a position of distrust. That may get things off to a rocky start and require extra effort to achieve a good social balance. The antidote here is simple. The person arranging for a temporary assignment owes the person being moved a good introduction to the new group that includes an adequate rationale and an expectation of fair play.
• Sense of futility – A person in a temporary assignment can become depressed simply due to a lack of foundation. The work being performed is difficult and seemingly unappreciated. Not having daily interface with former peers at the central office gives one a lonely feeling of isolation. If the assignment is working on a merger transition team, there is the constant pressure of who will be the survivors on the ultimate team. Not being in close physical proximity to the top decision makers on a daily basis can lead to additional anxiety that the person might be overlooked. In this situation, top managers need to assure the individual that it is precisely due to this person’s worth to the organization that he or she was picked to help design the integration process. There will be a good job at the end of the ordeal. Actually, people on the integration team have a natural advantage because they help invent the structure and rules for the merged entity. It is the people left behind to run the ongoing business who have the greater jeopardy once the musical chairs game comes to an end.
• Burn out – When temporary assignments are for the purpose of designing details of a merger or acquisition, the technical detail and amount of work can be overwhelming. Transition teams are usually kept lean because, during the integration, both of the former businesses need to keep operating at top efficiency as well. There are just not enough resources to cover everything, so both the ongoing business resources and the integration team are forced to stretch to the limit. It is easier for the ongoing business to stretch because some people from lower levels can step up to temporary management positions to cover. For the transition team, life is more difficult. There are literally thousands of details to consider, and many mutual processes that need to be invented. The work is endless, critical, urgent, and highly emotional in nature. That, coupled with the individual living or working out of temporary housing, causes many people in these assignments to burn out, have health problems, or get fed up and leave. For this reason, senior managers need to provide some modicum of work-life balance or “R&R breaks.” One observation is that people on the edge of total burn out often do not realize their peril. One must consider the ongoing health and welfare of each person serving on a transition team.
• Guilt or sense of punishment – Some individuals will over-analyze the nature of a temporary move. They may feel a sense of failure; after all, other people were not moved out. They wonder if this is a signal from top management that there is a serious issue or some chemistry problem with the senior people. The individual may feel he or she is being punished for being too aggressive, outspoken, or some other interpersonal skill shortage. If there is a suspicion of this flavor in the body language, it will seriously undermine the motivation of the moved individual to do a good job. To prevent unwarranted worry, top managers need to be transparent and share the true reason for a temporary assignment. If there are issues, then the individual is due an explanation and a chance to mitigate the damage to his or her reputation before being moved out.
• Squishy Return Arrangements – It is common for a person on a temporary assignment to have no visibility to his or her return path. Will there be a good job at the end of the assignment? When will the assignment end? Was this little adventure good or bad for the person’s ultimate career? It can be a lonely and scary situation for a good performer to find him or herself in a remote site with little connection to the home office and no concrete way back home. A simple fix is to have frequent communications with the remote individual to assure him or her that the temporary service is appreciated and a return path is not going to be forgotten. It is easy for managers to get embroiled in the urgent matters of daily decisions and neglect individuals in remote areas who may be feeling insecure about their future.
• The pasture – Unfortunately, some groups use a series of temporary assignments to encourage an under-performing individual to leave the organization. The jobs have marginal value, yet keeping the person on organizational life support seems kinder than pulling the plug. People who are being led out to pasture are usually well aware of the intent. Many upper managers hope it will cause the person to quit and leave, unfortunately in a lot of cases it causes the person to quit and stay. Here again, the antidote is candor and transparency. Let the individual know the truth so he or she can make appropriate choices rather than guess.

These are just 10 of the common issues with temporary assignments and how upper management can reduce the stress and pain having to do with them. Properly managed, temporary assignments can be invigorating and helpful to both the individual and the organization. If done poorly or without care for the individual, they can be a real problem.

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Bob Whipple, MBA, CPLP, is a consultant, trainer, speaker, and author in the areas of leadership and trust. He is author of:  Trust in Transition: Navigating Organizational Change , The Trust Factor: Advanced Leadership for Professionals , Understanding E-Body Language: Building Trust Online , and Leading with Trust is Like Sailing Downwind . Bob had many years of experience as a senior executive with a Fortune 500 Company and with non-profit organizations. 

Bob Whipple is currently CEO of Leadergrow, Inc., an organization dedicated to growing leaders. For more information or to bring Bob in to speak at your next event, contact him by email, phone 585-392-7763, fill in the contact form on the Leadergrow Website, or BLOG.

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417 Temporary Assignment to Nonbargaining Unit Positions (Career Employees)

417.1 definitions, 417.11 temporary assignment.

A temporary assignment is the placement of a career employee in another established position which is vacant, or from which the incumbent is absent from duty, to perform duties and responsibilities other than those specifically set forth in the employee’s position description, when the employee is not awarded the position on a regular basis.

417.12 Pay Schedule and Premiums

The salary of a career employee who is temporarily assigned to an EAS position is based on the career EAS schedule. However, employees continue to receive pay premiums applicable to their permanently assigned positions while temporarily assigned to EAS positions.

An FLSA-exempt employee who has been temporarily assigned to perform in an FLSA-nonexempt work position for more than 50 percent of the work hours for the week may be eligible for FLSA overtime for hours actually worked over 40 in that FLSA workweek. (See 417.2 to determine the FLSA status of an employee temporarily assigned to an EAS position.)

417.2 Assigning FLSA Status

It is the policy of the Postal Service that an employee performing work in a position with a different FLSA classification will be classified for FLSA pay purposes as follows:

• For an FLSA-exempt employee temporarily assigned to an FLSA-nonexempt position:
• For the first full pay period of the temporary assignment — the employee’s FLSA status remains exempt.
• For all pay periods beginning after the first full pay period — the employee’s FLSA status is changed to nonexempt and the employee is eligible for FLSA overtime compensation.

Note: PS Form 50, Notification of Personnel Action , must be issued when the employee’s FLSA status changes to and from FLSA nonexempt status.

• An employee whose position of record is nonexempt will not be re-classified as FLSA exempt when temporarily assigned to a position that is classified as FLSA exempt, regardless of the length of the temporary assignment.

417.3 Rates of Pay

417.31 lower grade.

Employees who are temporarily assigned to perform duties of a lower grade continue to receive their existing basic salaries (see 417.2 ).

417.32 Same or Equivalent Grade

Employees who are temporarily assigned to perform duties of the same grade or of an equivalent grade (see 418 ) continue to receive their existing basic salaries (see 417.2 ).

417.33 Higher Grade

417.331 general requirement.

A career employee who is temporarily assigned to a higher grade position must be assigned the primary or core duties and be directed to assume the major responsibilities of the higher grade position to be eligible for higher level pay under the conditions of this section.

417.332 Employee with Rate Retention

When an employee who has rate retention is assigned to a different position, it is not considered a higher level assignment unless that position is at a grade higher than the grade on which the rate retention was established.

417.333 Higher Level Pay Eligibility

An employee whose temporary assignment meets the conditions described in 417.334 is eligible for higher level pay when temporarily assigned to an authorized established EAS position in a higher grade than that of the position to which permanently assigned, except as follows:

• Employees temporarily assigned to PCES positions.
• Employees in developmental programs for which management instructions provide that participants do not receive higher level pay.

417.334 Higher Level Pay Conditions

Conditions for higher level pay are as follows:

• EAS Employees. Higher level pay is authorized — via approved PS Form 1723, Assignment Order — to eligible EAS employees during each temporary assignment to higher level EAS positions in Headquarters, Headquarters-related units, area offices, and field installations for all such service beginning after 5 consecutive workdays, excluding breaks for normal days off, and continuing for the duration of the assignment. In situations when an employee is assigned from one higher level assignment to another higher level assignment, a new 5-day waiting period is not required. Different employees are not to be assigned consecutively to the same vacancy solely to avoid the higher level pay requirements.
• Bargaining Unit Employees. Bargaining unit employees, both career and eligible noncareer, are authorized higher level pay — via approved PS Form 1723 — for all time worked on higher level assignments. They receive certain bargaining unit pay premiums according to their bargaining unit agreement when temporarily assigned to a nonbargaining position. However, they are not also eligible for supervisory differential adjustment (SDA) or the Pay for Performance Program.

417.335 Payment Amount

Higher level pay is calculated as follows:

• To or Within the EAS Schedule, Except Rural Carriers. The employee receives a salary increase equal to 5 percent of the employee’s actual salary or the minimum salary for the higher grade, whichever is greater. Total higher level compensation may not exceed the maximum salary rate of the higher level position in which such service is performed, or the employee’s existing salary if above the maximum of the range for the higher grade.
• From Rural Carrier to Nonbargaining Unit Schedule. A rural carrier is paid based on the assigned route’s evaluation for the first 30 days of a temporary higher level assignment. At the beginning of the pay period following this 30-day period, the carrier’s salary is converted to that of a 40–hour route, attained step. The salary is then adjusted in accordance with 417.335 a .

417.336 Payment Factors

Payment factors for nonbargaining employees include:

• Holiday Pay. An employee receives holiday leave pay for the holiday at the rate of the higher level position, provided the employee received the higher level pay for both the full workday preceding the holiday and the full workday following the holiday. If the employee works in the higher level position on a holiday, he or she is paid at the rate of the higher level position for work in the higher level position on a holiday.
• Annual, Sick, Holiday, or Other Paid Leave during Higher Level Service . The following applies:
• Except as provided in (2) below, when full-time employees are absent on approved annual, sick, or other paid leave falling within a period of temporary assignment to a higher level position, they receive leave pay at the rate for the higher level position provided they receive higher level pay for both the full workday immediately preceding and the full workday immediately following the period of absence.
• If a second person is assigned to replace the absent employee, the original temporary higher level assignment is canceled and the absent employee has no entitlement to higher level pay for the parts of the leave period during which he or she is replaced.
• Assigning FLSA Status. See 417.2 .

417.4 Officer in Charge

417.41 definition.

The assignment to be an officer in charge (OIC) is the temporary assignment of an employee to act as postmaster during which the accountability of postmaster is transferred to the employee.

417.42 Basis for Rate of Pay

The salary of a career employee temporarily assigned to a Post Office as OIC is based on the grade of the Post Office to which he or she is assigned and is determined in accordance with the provisions of 417.3 . The salary of a noncareer employee assigned to a Post Office as OIC is set in accordance with 419.2 .

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14 may 2024, mr. james swan of the united states - acting special representative for somalia and head of the united nations assistance mission in somalia (unsom).

United Nations Secretary-General António Guterres announced today the designation of James Swan of the United States as his Acting Special Representative for Somalia and Head of the United Nations Assistance Mission in Somalia (UNSOM).  Mr. Swan will act as Special Representative for a temporary period following the departure of Catriona Laing of the United Kingdom, to whom the Secretary-General is grateful for her dedicated service in UNSOM and Somalia at a challenging time.

Mr. Swan is an experienced diplomat with a long career in African countries facing complex political transitions.  Most recently, he served as Special Representative for Somalia and Head of UNSOM from 2019 to 2022.  Prior to that, he served in the United States Government as Ambassador to the Democratic Republic of the Congo from 2013 to 2016, Special Representative for Somalia from 2011 to 2013, and Ambassador to Djibouti from 2008 to 2011.

In his earlier career, Mr. Swan was Deputy Assistant Secretary of State for African Affairs from 2006 to 2008, and Director of African Analysis in the State Department’s Bureau of Intelligence and Research from 2005 to 2006.  Prior to holding these assignments, Mr. Swan held various assignments in the Democratic Republic of the Congo, the Republic of Congo, Somalia, Cameroon, Nicaragua and Haiti.

Mr. Swan holds a B.Sc. degree from Georgetown University’s School of Foreign Service, an M.A. from Johns Hopkins School of Advanced International Studies, and a Master’s degree in Security Studies from the National War College, all in the United States.  He is fluent in English and French.

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With superintendent on leave, Antioch school board to name temporary replacement

T he Antioch Unified School District Board will meet Wednesday in closed session to select an acting superintendent to temporarily replace Stephanie Anello, who has been on medical leave since late April.

Anello went out on leave after claims surfaced that a maintenance director had bullied and harassment employees, and while school board President Antonio Hernandez called for her resignation. A vote to oust her failed, 2-to-3, at a meeting on May 8.

Hernandez said he had asked the superintendent to brief him on the claims and was told they had been properly dealt with, but after that, employees continued to say there was a hostile work environment and complaints hadn’t been resolved.

“I made it very clear that we’re not moving the school district in the right direction, and we’re no longer aligned in values, and that’s a perfectly valid reason to terminate a superintendent’s contract without cause,” said Hernandez, who twice tried to hold special board meetings on the matter but couldn’t reach a quorum.

It is unclear how long Anello will be out, and while the board could temporarily promote anyone from the district, Hernandez said he is pushing for an external candidate “to rebuild trust.”

Also on Wednesday, the board will discuss the superintendent’s evaluation, which has not been completed since 2020. Records show Anello earns a base salary of $353,045, and has received raises despite not being officially evaluated.

The board will also discuss launching its own investigation into “the policies, practices and culture” of the district that impact the employees and students.

“I’m trying to see if the board will agree with me to start an investigation into the culture of our school district because there are employees who want to share their story but are terrified to come out publicly,” Hernandez said. “And through an investigation, we can create a mechanism where we can still get these stories and these experiences that are happening from our employees in confidence, so that we can address these things within our school district.”

In the meantime, Rob Martinez, the head of human resources, sent a letter last week to employees saying that two of the four complaints highlighted in media reports were “processed consistent with the District’s protocols, procedures and board policy.” A third-party investigator the district hired to review the complaints came to a similar conclusion, “finding no irregularities in the investigation process or findings,” the letter said.

Two “more recent complaints” will undergo a similar, third-party investigation, Martinez’s letter said. It was unclear which two complaints had already been investigated, which ones will be investigated or what type of investigation was done or by whom.

Because it’s a personnel matter, the district has said it would not answer any questions about the complaints.

Earlier, Hernandez had said that the trustees should hire the outside investigator. Employees had complained about Martinez’s handling of the initial investigations and argued that Anello would not do anything because her husband, former Antioch Police Chief Allan Cantando, is good friends with the accused supervisor.

In his letter to employees on May 15, Martinez said Anello “was not directly involved in the investigations, findings or disciplinary actions.”

The complaints first surfaced publicy last September when AUSD purchasing technician Kim Atkinson spoke at a school board meeting, outlining instances of alleged abuse by maintenance and facilities manager Kenneth Turnage II, including 24 in a formal complaint.

Atkinson and others said that Turnage, who oversees more than 100 employees, had a 29-year employee’s desk hoisted up and placed on a school rooftop more than a year ago, taking it down only after district officials told him to do so. A photo of the desk showed a sign with the employee’s name, Jim Kesser, and an arrow pointed to the desk above, while another photo showed two push carts filled with Kesser’s personal items.

Kesser told this news organization he thought he was being punished for an earlier disagreement about a work issue. He said a district investigation concluded it was a prank.

Turnage also has been accused by several others — two of whom went out on medical leave — of creating a hostile work environment. Turnage did not return calls for comment.

But for Hernandez, the issue is not about the maintenance supervisor now, but about the district’s culture. He said he will not tolerate an “environment where bullies are allowed to run rampant in our school district.”

“This is about a greater district-wide issue, and the leadership of our school district,” Hernandez said.

The closed-session meeting will begin at 6:15 p.m. Wednesday, followed by the regular meeting at 7 p.m. at district headquarters, 510 G. St.

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