ADS Chapter 412

Reemployment Rights

Document Quality Check Date: 10/26/2012

Partial Revision Date: 10/05/2011
Responsible Office: OHR
File Name: 412_102612
 10/05/2011 Partial Revision

Functional Series 400 – Personnel

ADS Chapter 412 – Reemployment Rights
POC ADS 412: Joann Jones, (202) 712-5048, [email protected]

Table of Contents

412.1 OVERVIEW.......................................................................... 3

412.2 PRIMARY RESPONSIBILITIES........................................... 3

*412.3 POLICY DIRECTIVES AND REQUIRED PROCEDURES .... 4

*412.3.1 Reemployment Rights ......................................................................... 4

412.3.2 Granting Reemployment Rights ......................................................... 5

412.3.3 Duration of Entitlement to Reemployment Rights ............................ 6

412.3.4 Exercising Reemployment Rights...................................................... 6

412.3.5 Reemployment after Termination of Limited Foreign Service

Appointment ........................................................................................ 7

412.3.6 Waiver of Reemployment Rights........................................................ 7

412.3.7 Right of Appeal if Reemployment Rights are Denied ....................... 8

412.4 MANDATORY REFERENCES............................................. 8

412.4.1 External Mandatory References ......................................................... 8

*412.4.2 Internal Mandatory References .......................................................... 8

412.4.3 Mandatory Forms ................................................................................ 9

412.5 ADDITIONAL HELP ............................................................. 9

412.5.1 Optional Forms .................................................................................... 9

412.6 DEFINITIONS ....................................................................... 9

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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ADS Chapter 412 – Reemployment Rights

412.1 OVERVIEW
Effective Date: 03/09/1997

This chapter provides the regulations governing the reemployment rights of Civil
Service (CS) employees of USAID or other agencies who accept a Foreign
Service (FS) limited appointment with USAID (under Section 310 of the 1980
Foreign Service Act, as amended and codified as 22 USC 3950). This chapter
also covers the reemployment rights of USAID employees who accept Foreign
Service limited appointments with other Foreign Affairs agencies, or of the Peace
Corps.

412.2 PRIMARY RESPONSIBILITIES

Effective Date: 03/09/1997

a. The Head or a designee of the employee's parent agency is

responsible for deciding whether reemployment rights will be granted to the
employee who is accepting a limited Foreign Service (FS) appointment with
USAID.

b. The Office of Human Resources (OHR) is responsible for deciding

whether reemployment rights will be granted to USAID employees who wish to
accept a limited Foreign Service appointment with USAID, any other Foreign
Affairs agency, or the Peace Corps.

c. The Office of Human Resources, Personnel Operations Division

(OHR/POD), when the USAID employee or assignment falls under its jurisdiction,
is responsible for:

1. Contacting the Office of Human Resources of the employee's

parent agency prior to the employee's entry on duty with USAID to
find out whether that agency has granted the employee
reemployment rights;

2. Receiving a Standard Form (SF) 50, Notification of Personnel

Action or other appropriate documentation from the employee's
parent agency that reflects whether or not the employee is granted
reemployment rights; and

3. Processing the Standard Form 50 to document the USAID

assignment and whether the employee has reemployment rights
with the employee's parent agency.

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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d. The Office of Human Resources, Executive Management Staff

(OHR/EM), when the USAID employee or the assignment falls under its
jurisdiction, is responsible for:

1. Contacting the Office of Human Resources of the employee's

parent agency prior to the employee's entry on duty with USAID to
find out whether that agency has granted the employee
reemployment rights;

2. Receiving the Notification of Personnel Action (Standard Form 50)

or other appropriate documentation from the employee's parent
agency that reflects whether or not the employee is granted
reemployment rights; and

3. Processing the Standard Form 50 to document USAID assignment

and whether the employee has reemployment rights with
employee's parent agency.

e. The employee is responsible for:

1. Identifying the limited Foreign Service assignment to USAID and

obtaining written approval from the employee's parent agency's
Office of Human Resources regarding the granting of
reemployment rights; and

2. Identifying the limited Foreign Service assignment with USAID, any

other Foreign Affairs agency, or the Peace Corps, and obtaining in
writing the granting of reemployment rights.

*412.3 POLICY DIRECTIVES AND REQUIRED PROCEDURES

Effective Date: 03/09/1997

The statements contained within the .3 section of this ADS chapter are official
Agency policies and required procedures.

*412.3.1 Reemployment Rights

Effective Date: 03/09/1997

*For information on Reemployment of Civilian Retirees, please see the

Mandatory Reference, 412maa, Reemployment of Civilian Retirees Under
the National Defense Authorization Act for Fiscal Year 2010.

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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The Agency's Reemployment Rights apply to Federal employees who accept a

limited Foreign Service appointment under Section 310 of the Foreign Service
Act of 1980, as amended (22 USC 3950) and prior to accepting the limited
Foreign Service appointment where serving in positions in the Federal
Government who were:

1. In the competitive service under career or career-conditional

appointments;

2. In the excepted service under career candidate and non-career

appointments with USAID;

3. In non-USAID excepted service positions without specific time

limitations; and

4. In the Career Senior Executive Service

This chapter does not apply to:

1. Reinstatement rights of Administratively Determined (AD)

personnel (See ADS 413);

2. Reemployment rights of USAID employees serving with

international organizations (See ADS 434);

3. Reemployment rights of personnel appointed to USAID Civil

Service positions (See ADS 413); and

4. Reemployment rights of Senior Foreign Service officers serving on

presidential appointments under section 302(b) of the Foreign
Service Act of 1980, as amended (See ADS 422).

412.3.2 Granting Reemployment Rights

Effective Date: 03/09/1997

The Deputy Assistant Administrator, Office of Human Resources, DAA/OHR,

shall decide for USAID employees whether to grant reemployment rights prior to
the employee accepting a limited Foreign Service appointment with USAID, any
other Foreign Affairs agency, or the Peace Corps.

The Office of Human Resources, Executive Management Staff (OHR/EM) and

the Office of Human Resources, Personnel Operations Division (OHR/POD) shall
ascertain whether a non-USAID employee is granted reemployment rights prior

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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to the employee's entry on duty. (See Sample Reemployment Rights

Memorandum)

The Agency shall also adhere to the policy and procedures as stated in 22 USC
3950 (See 22 USC 3950)

When reemployment rights are granted by the employee's parent agency,

OHR/EM or OHR/POD, as appropriate, shall advise the employee about the
benefits and limitations of reemployment rights, and the procedure for exercising
these rights.

When reemployment rights are granted to a USAID employee by the Deputy

Assistant Administrator for Human Resources or a designee, OHR/EM and
OHR/POD must advise the employee about the benefits and limitations of
reemployment rights, and the procedure for exercising these rights. OHR/EM
and OHR/POD must notify the employee in writing, if the Deputy Assistant
Administrator for Human Resources denies reemployment rights.

A Notification of Personnel Action, SF-50, must be used to document the

granting of reemployment rights and to specify the duration of those rights.

412.3.3 Duration of Entitlement to Reemployment Rights

Effective Date: 03/09/1997

A Federal employee who accepts a limited appointment in the USAID Foreign

Service retains granted reemployment rights for the duration of the limited
appointment. Reemployment rights must not exceed five years.

A USAID employee who accepts a limited Foreign Service appointment with

USAID, any other Foreign Affairs agency, or the Peace Corps retains granted
reemployment rights for the duration of the appointment, and must not exceed
five years.

412.3.4 Exercising Reemployment Rights

Effective Date: 03/09/1997

Reemployment at a higher grade than the former position is subject to merit

promotion procedures.

The Agency shall also adhere to the policy and procedures as stated in 5 USC
3597. (See 5 USC 3597)

Upon being notified of the pending termination of the employee's limited Foreign
Service appointment with USAID, employees must update their employment

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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record (Optional Application for Federal Employment, OF-612 or Resume) at the

time they apply for reemployment.

An employee who wishes to exercise reemployment rights at the employee's

parent agency must apply directly to that agency for reemployment. The
Reemployment process must be complete as soon as possible, but no later than
30 days after separation from USAID.

1. OHR/EM or OHR/POD, as appropriate, notifies the employee's

former agency, in writing, at least 90 days before the employee's
proposed separation date.

2. When an employee's duty station is USAID/W, OHR/EM or

OHR/POD, as appropriate, will advise the employee, in writing,
about the intended separation at least 60 days prior to the
employee's last day of active duty.

3. When an employee's duty station is overseas, the head of the

overseas post will advise the employee, in writing, about the
intended separation at least 60 days prior to the employee's last
day of active duty.

412.3.5 Reemployment after Termination of Limited Foreign Service

Appointment
Effective Date: 03/09/1997

If the reemployment of the returning USAID employee requires a

reduction-in-force (RIF), the employee is placed on the RIF retention register
appropriate to the position that the employee held immediately before entering
the Foreign Service.

412.3.6 Waiver of Reemployment Rights

Effective Date: 03/09/1997

An employee waives reemployment rights upon accepting either a position with

any Federal agency other than the employee's parent agency or a career Foreign
Service appointment, or if the employee fails to exercise reemployment rights
with the employee's parent agency within 30 days from the termination date of
the limited Foreign Service appointment.

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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412.3.7 Right of Appeal if Reemployment Rights are Denied

Effective Date: 03/09/1997

If an employee is notified by the employee's parent agency that the application

for reemployment is denied on grounds of ineligibility, or reemployment is not
effective within the prescribed time, the employee may appeal the decision to the
Merit Systems Protection Board.

1. The appeal must be made within 15 calendar days after the

employee receives the parent agency's decision or after the time
limit for reemployment expires. The appeal must be sent to the
Merit Systems Protection Board, 8th Floor, 1120 Vermont Avenue,
N.W., Washington, D.C. 20419.

2. The employee may obtain additional information on appeal rights

from the personnel office of the employee's parent agency.

3. USAID employees who previously held a Civil Service bargaining

unit position must grieve through the Civil Service negotiated
grievance procedure.

412.4 MANDATORY REFERENCES

412.4.1 External Mandatory References

Effective Date: 03/09/1997

a. 5 USC 3597

b. 22 USC 3949

c. 22 USC 3950

d. Section 310 of the Foreign Service Act of 1980 (FSA), as amended.

*412.4.2 Internal Mandatory References

Effective Date: 03/09/1997

*a. ADS 412maa, Reemployment of Civilian Retirees Under the National

Defense Authorization Act for Fiscal Year 2010

b. ADS 413, Civil Service Appointments and Employment

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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c. ADS 422, Personnel Operations: Senior Foreign Service

d. ADS 434, Details and Transfers to International Organizations –

Civil Service and Foreign Service

e. Sample Reemployment Rights Memorandum

412.4.3 Mandatory Forms

Effective Date: 03/09/1997

a. Standard Form (SF) 50, Notification of Personnel Action

412.5 ADDITIONAL HELP

Effective Date: 03/09/1997

There are no Additional Help Documents for this chapter.

412.5.1 Optional Forms

Effective Date: 03/09/1997

a. Optional Application for Federal Employment, OF-612

412.6 DEFINITIONS
Effective Date: 03/09/1997

The terms and definitions listed below have been incorporated into the ADS
Glossary. See the ADS Glossary for all ADS terms and definitions.

Administratively Determined (AD) Personnel

An appointment action under which personnel may be appointed, compensated,
and removed by the Administrator without regard to the provisions of any other
law. (Chapter 412)

career appointment
A permanent appointment in which the employee has competitive status.
(Chapter 412)

career candidate
Appointments are appropriate for persons who aspire to a long-term USAID
Foreign Service career and whose qualifications meet a continuing requirement.
(Chapter 412)

career conditional appointment

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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An appointment which gives competitive status upon completion of a

probationary period and which automatically converts to a career appointment
upon completion of 3 years of creditable service. (Chapter 412)

career senior executive service

Executives appointed by the Administrator under the Civil Service Reform Act of
1978 in conformance with the established rules and regulations applicable to
other Civil Service employees. (Chapter 412)

competitive service
Consists of all civil service positions in the executive branch, except positions
which are specifically excepted from the competitive service by or under statute;
positions to which appointments are made by nomination for confirmation by the
Senate, unless the Senate otherwise directs; positions in the Senior Executive
Service; positions in the District of Columbia which are specifically included in the
competitive service by statute. (Chapter 412)

excepted service
Consists of those civil service positions that are not in the competitive service.
The Excepted Service includes all positions in the executive branch of the
Federal Government that are specifically excepted from the competitive service
pursuant to statute, by the President or by the Office of Personnel Management
(OPM) under Section 6.1 of Civil Service Rule VI or Section 9.20 of Civil Service
Rule IX. (Chapter 412)

foreign service limited appointment

An appointment, either as a career or non-career employee, of a specified
duration from one to five years. (Chapter 412)

non-career candidate
Appointments are appropriate when the knowledge skills required for a particular
program or project in AID Foreign Service cannot reasonably be provided by
career employees. Appointments are limited to short-term, specific operational
needs overseas, and may be of variable duration as established at the time of
appointment not to exceed five years. (Chapter 412)

412_102612

*An asterisk and yellow highlight indicate that the adjacent material is new for this chapter or substantively
revised.
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