J.3 LCP- Maldives.pdf

AMERICAN EMBASSY

COLOMBO, SRI LANKA

LOCAL

COMPENSATION PLAN

(LCP)

MALDIVES

Effective: July 07, 2019

LCP effective 07/07/2019 Page 1 of 52 Maldives

LOCAL COMPENSATION PLAN – MALDIVES

a. Introductory Page

--Post Name: Maldives --Effective date of the revised LCP: July 07, 2019 --Summary list of revisions made to the LCP and the number/date of the State authorization telegram

07/07/2019 – PER 19 STATE 68254 DATED 06/24/2019, POST

HAS IMPLEMENTED THE REVISED SALARY SCHEDULE, EFFECTIVE

July 07, 2019.

07/07/2019 – PER 19 STATE 32344 DATED 04/02/2019, POST

HAS AMENDED THE CREDITABLE SERVICE DEFINITION IN LCP

SECTION 8: LEAVE BENEFITS AND POLICY, EFFECTIVE JULY 07,

2019.

09/16/2018 – PER 18 STATE 84072 DATED 08/17/2018, POST

HAS IMPLEMENTED THE REVISED SALARY SCHEDULE EFFECTIVE

SEPTEMBER 16, 2018.

04/15/2018 – PER 18 STATE 32472 DATED APRIL 10, 2018,

POST HAS ADDED RAMADAN BONUS EFFECTIVE APRIL 15, 2018.

12/24/2017 – PER 17 STATE 118476 DATED 11/29/2017, POST

HAS REVISED THE LANGUAGE OF UNIQUE CONDITIONS OF WORK

BENEFIT (UCWB) PLAN FOR TDY TO A DESIGNATED U.S. DANGER

PAY POST EFFECTIVE DECEMBER 24, 2017.

09/03/2017 – PER 17 STATE 81116 DATED 08/04/2017, POST

HAS IMPLEMENTED THE REVISED SALARY SCHEDULE EFFECTIVE

SEPTEMBER 03, 2017.

11/13/2016- PER 12 STATE 50144 DATED 5/17/2012 AND 12

STATE 84502 DATED 8/16/2012, POST HAS INCLUDED THE

AUTHORITY OF VALIDATING LES COMPENSATORY TIME TO BE USED

WITHIN TWENTY-SIX PAY PERIODS FROM THE TIME OF EARNED,

EFFECTIVE NOVEMBER 13, 2016.

EFFECTIVE 11/13/2016, EMPLOYEES ARE ELIGIBLE TO EARN

COMPENSATORY TIME FOR OFFICIAL TRAVEL THAT OCCURS ON OR

AFTER 11/13/2016 AND THAT IS NOT OTHERWISE COMPENSABLE

HOURS OF DUTY. THIS BENEFIT WILL BE PROVIDED IN

ACCORDANCE WITH THE PLAN IN 06 STATE 75136.

11/13/2016- PER 01 STATE 036094 DATED 02/28/2001, POST

HAS IMPLEMENTED THE UNIQUE CONDITIONS OF WORK BENEFIT

(UCWB) PLAN FOR TDY TO A DESIGNATED U.S. DANGER PAY

POST, EFFECTIVE NOVEMBER 13, 2016.

11/13/2016- PER 05 STATE 93137, 07 STATE 84870, 07 STATE

122008 AS AMENDED BY 15 STATE 128266 DATED 11/11/2015,

POST HAS ADDED LE STAFF TDY IRAQ BENEFITS PACKAGE (IBP),

EFFECTIVE NOVEMBER 13, 2016.

LCP effective 07/07/2019 Page 2 of 52 Maldives

11/13/2016- PER 10 STATE 6085, 10 STATE 6140 AND

15 STATE 16616 DATED 02/18/2015, POST HAS ADDED LE STAFF

TDY AFGHANISTAN BENEFITS PACKAGE (ABP), EFFECTIVE

NOVEMBER 13, 2016.

11/13/2016- PER 15 STATE 4328 DATED 01/15/2015, POST HAS

INCLUDED THE STATEMENT “d” UNDER SECTION 10, DEATH AND

DISABILITY BENEFITS, EFFECTIVE NOVEMBER 13, 2016.

08/09/2016 – Per 16 STATE 85310 DATED 07/29/2016, POST

HAS IMPLEMENTED THE REVISED SALARY SCHEDULE EFFECTIVE

SEPTEMBER 18, 2016

01/10/2016 – Per 15 STATE 114882 DATED 10/02/2015, POST

HAS IMPLEMENTED THE REVISED SALARY SCHEDULE EFFECTIVE

JANUARY 10, 2016

01/01/2011 – Remarks Page of the LCP – 01/01/2011

01/01/2016 - Mission Holiday List – 01/01/2016

01/01/2011 - LE STAFF MEDICAL PLAN – EMAIL SJHEMBY/

RSRINIVASAN ET.AL. DATED 12/10/2010 MALDIVES LES PAY

PLAN – PD POSITION

04/11/2010 – Salary Schedule – 10 STATE 24213 – 03/12/2010

01/01/2011 - LOCAL LEAVE PLAN - 10 STATE 67729 –

06/29/2010

01/01/2011 - VOLUNTARY LEAVE TRANSFER PROGRAM – A) 96

STATE 237897 – 11/17/1996 B) 97 STATE 237373 C) EMAIL

SJHEMBY/ RSRINIVASAN ET.AL. DATED 01/10/2011 MALDIVES

LES PAY PLAN – PD POSITION

01/01/2011 - PREMIUM PAY PLAN - 10 STATE 065767 -

6/24/2010

01/01/2011 - RESTORATION OF ANNUAL LEAVE PLAN - 10 STATE

67729 – 06/29/2010

01/01/2011 - SEPARATION NOTICE PLAN - 10 STATE 065753 –

06/24/2010

01/11/2011 – ALLOWANCES/BENEFITS - EMAIL SJHEMBY/

RSRINIVASAN ET.AL. DATED 12/10/2010 MALDIVES LES PAY

PLAN – PD POSITION

01/01/2011 – BONUSES - EMAIL SJHEMBY / RSRINIVASAN

ET.AL. DATED 12/10/2010 MALDIVES LES PAY PLAN – PD

POSITION

01/01/2011 – BASIC WORK WEEK – A)10 STATE 065767 –

06/24/2010 B)EMAIL SJHENBY / RSRINIVASAN ET.AL. DATED

01/10/2011

LCP effective 07/07/2019 Page 3 of 52 Maldives

b. Table of Contents

Section

1. Remarks

2. Holiday List

3. Allowances/Benefits

a. Transportation Allowances/Benefits

b. Meal Allowances/Benefits

c. Family Allowances/Benefits

d. Housing and Utility Allowances/Benefits

e. Unique Conditions of Work Allowances/Benefits

f. Other Allowances/Benefits

4. Bonuses

5. Premium Pay Plan

6. Local Social Security System (LSSS) Participation

a. Host Government LSSS

b. Other Country's LSSS

7. Salary Advance Plan

8. Leave Benefits and Policies

a. Local Leave Plan (LLP)

b. U.S. Style Leave Plan

c. Excused Absence for Preventative Health Screenings

d. Restoration of Annual Leave Policy

e. Voluntary Leave Transfer Program

f. U.S. Military Leave

9. Medical Benefits

a. Medical Benefits Provided by the Host Government

b. Medical Benefits Reimbursed/Paid by the Mission

c. Medical Benefits Reimbursed/Paid by a Vendor

10. Death and Disability Benefits

a. Death Benefit Plan

b. Funeral Benefit Plan

c. Life/Accident/Disability Insurance

d. Eligible survivors of LE Staff

11. Severance Pay Plan

12. Separation Notice Plan

13. Separation for Age Plan

14. Reduction in Force (RIF)

a. RIF Plan

b. RIF Benefits Plan

15. Retirement and other End of Service Benefits

a. LSSS Retirement

b. U.S. Civil Service Retirement (CSR)

c. U.S. Social Security

d. LSSS Replacement Retirement Plans

e. Retirement Benefits Paid by the Mission

f. Retirement Benefits Paid by a Vendor

16. Workers' Compensation

17. Travel and TDY Benefits

a. Compensatory Time for Travel

b. Personal Travel

c. Relocation Plan

LCP effective 07/07/2019 Page 4 of 52 Maldives

d. TDY Health and Accident Insurance

e. Unique Conditions of Work Benefit (UCWB) for TDY to a Designated U.S. Danger Pay Post

f. Iraq TDY Benefits

g. Afghanistan TDY Benefits

Salary Schedules

Signature pages

LCP effective 07/07/2019 Page 5 of 52 Maldives

SECTION 1: REMARKS

1. This Local Compensation Plan (LCP) for Maldives applies to Locally Employed (LE) Staff in Male who are employed by the USG and compensated in accordance with the LCP. All compensation will be paid through the Global Financial Services (GFS) payroll office in Bangkok, unless an exception to permit payment at post is authorized by HR/OE/CM and documented in this LCP or payment is made by a third party vendor such as an insurance company.

2. Participants: The only participating USG agency is:

DOS - Department Of State

3. Currency: Unless otherwise stated, all compensation is denominated in Maldivian Rufiyaa and paid in US Dollars.

4. Basic workweek: The basic full time workweek is Sunday through Thursday and the weekend is Friday and Saturday The basic full time workweek schedule is 40 hours per week, or 80 hours per biweekly pay period.

5. Waiting Period for Within Grade Increases (WGIs): 52 weeks of Good or Exceptional performance for each step above step 1.

6. Local Income Taxes: LE Staff are responsible for calculating and paying local income taxes. The U.S.

Mission does not withhold or make local income tax payments.

7. Saved Rate (SR)/Frozen Rate (FR)/Temporary Schedule Revision Allowance (TSRA): Not applicable.

8. Conflicts Clause: In the event of any discrepancy between (a) this Local Compensation Plan and FAM/FAH regulations and (b) the LE Staff Handbook, this Local Compensation Plan and FAM/FAH regulations will prevail.

LCP effective 07/07/2019 Page 6 of 52 Maldives

SECTION 2: HOLIDAY LIST

The Mission will observe the following list of holidays during the year 2019:

Tuesday January 01 (A) New Year’s Day

Monday January 21 (A) Birthday of Martin Luther King, Jr.

Monday February 18* (A) Washington’s Birthday

Wednesday May 01 (L) Maldivian Labor Day

Monday May 06 (L) First Day of Ramazan

Monday May 27 (A) Memorial Day

Tuesday June 04 (L) Eid-ul-Fitr

Thursday July 04 (A) Independence Day

Thursday July 25 (L) In Lieu of Maldivian Independence Day

Sunday August 11 (L) In Lieu of Hajj Day

Monday August 12 (L) In Lieu of Eid-ul-Al’haa

Sunday September 01 (L) In Lieu of Islamic New Year Day

Monday September 02 (A) Labor Day

Monday October 14 (A) Columbus Day

Thursday October 29 (L) First Day of the month of Rabi al-awwaw

Sunday November 03 (L) Victory Day

Tuesday November 12 (L) Holy Prophet’s Birthday [Mawlid al-Nabi]

Monday November 11 (A/L) Veterans Day/ Maldivian Republic Day

Thursday November 28 (A/L) Thanksgiving Day/ The Day Maldives Embraced Islam

Wednesday December 25 (A) Christmas Day

(A) American Holiday

(L) Local- National and Religious Holiday

* This holiday is designated as "Washington’s Birthday" in section 6103(a) of title 5 of the United States Code, which is the law that specifies holidays for Federal employees. Though other institutions such as state and local governments and private businesses may use other names, it is our policy to always refer to holidays by the names designated in the law.

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SECTION 3: ALLOWANCES/BENEFITS

a. Transportation Allowance/Benefits

The Mission does not provide any transportation (commuting) benefits.

b. Meal Allowance/Benefits

The Mission does not provide any meal benefits.

c. Family Allowance/Benefits

The Mission does not provide a family allowance, education benefits for employees' children, or any other family related benefits.

d. Housing and Utility Allowance/Benefits

The Mission does not provide any housing or utility benefits.

e. Unique Conditions of Work Allowance/Benefits

(UCWA/UCWB)

The Mission does not provide any Unique Conditions of Work Benefits based on conditions in Maldives.

f. Other Allowances/Benefits

The Mission does not provide any other allowances.

LCP effective 07/07/2019 Page 8 of 52 Maldives

SECTION 4: BONUSES

Ramadan Bonus Plan

Effective: 04/15/2018 Replaces the Plan effective: N/A Authorized By: 18 State 32472 dated 04/10/2018

1. A Ramadan bonus is payable to employees each year with earnings for the pay period that ends no less than 2 weeks before the beginning of Ramadan so that employees receive this bonus on the pay date preceding the beginning of Ramadan. (E.g., in 2018, Ramadan starts on May 15 in pay period 10. The bonus is processed in pay period 8 and received by employees on May 10 in pay period 9.) The amount of the bonus is 2.78% of annual basic salary.

2. Employees who have been on the rolls for less than 26 pay periods prior to the end of the pay period in which the bonus payment is processed will receive a prorated payment.

An employee separated prior to the date the bonus is usually paid will receive a bonus payment at separation, prorated for the period of service between the previous bonus payment (or the entry on duty date) and the date of separation. The bonus is computed on the basis of the employee's basic salary rate in effect at the time the bonus is payable or on the date the employee is separated, as appropriate.

3. For an employee on a part time workweek schedule, the bonus is calculated using the annual full time salary for the employee's grade and step, prorated (reduced) for the number of hours the employee is regularly scheduled to work.

4. For employees on a WAE (When Actually Employed) workweek schedule, the bonus is prorated based on the number of hours the employee was in a pay status excluding overtime during the bonus year.

5. The bonus is paid to employees working on a temporary basis. For LE Staff, temporary employment is employment under a temporary direct hire appointment or under a PSA/PSC that is time limited to less than one year.

6. Periods of LWOP, AWOL, and any other leave that is not creditable service as defined in post's Local Leave Plan will be deducted from the service credit used to calculate the bonus. The total bonus will be reduced each time the employee has accumulated a full workweek in LWOP and other leave that is not creditable service during the bonus year.

LCP effective 07/07/2019 Page 9 of 52 Maldives

SECTION 5: PREMIUM PAY PLAN

EFFECTIVE DATE: 11/13/2016

State authorization telegram: 10 STATE 065767, 12 STATE

50144, 12 STATE 084502

Email: SJHEMBY / RSRINIVASAN ET.AL. DATED 01/10/2011

MALDIVES LES PAY PLAN – PD POSITION

I. DEFINITIONS AND RULES

1. BASIC WORKWEEK is the defined days of the week in which a full time employee is scheduled to work.

2. REST DAYS are the defined one or two days per week in which a full time employee is not scheduled to work.

3. BASIC WORKWEEK AT POST:

DAYS CONSIDERED TO BE: Sunday-Thursday Rest Day A Friday Rest Day B Saturday

4. TOURS OF DUTY are the defined hours for work within an employee's basic workweek.

5. HOURLY SALARY is annual salary divided by 2080 hours, divided by the workweek factor.

6. WORKWEEK FACTOR is the number of total hours in an employee's basic workweek, divided by 40. Workweek factor for Maldives is:

40 hour schedule 1.000

7. SALARY for purposes of premium pay calculations is defined as basic salary.

8. REGULAR PAY is total pay (basic salary plus allowances, if any) for work during an employee's basic workweek exclusive of overtime pay, holiday pay, or differential.

Regular pay is also provided for a paid holiday or observed holiday that occurs during an employee's basic workweek, whether or not the employee is required to work.

9. OVERTIME PAY is compensation for work performed outside the total hours in an employee's basic workweek hours.

10. If an American holiday falls outside of the employee's

LCP effective 07/07/2019 Page 10 of 52 Maldives basic workweek, and alternative day within the employees basic workweek will be designated as the employee's OBSERVED HOLIDAY. Work during the basic workweek on an observed holiday entitles the employee to holiday pay.

11. HOLIDAY PAY is a premium paid for work performed on a holiday observed during the employee's basic workweek hours. Holiday pay is paid in addition to regular pay.

(Work performed on a holiday outside the employee's basic workweek hours is compensated with overtime pay.)

The local holiday pay rate applies to work on a local holiday. The American holiday pay rate applies to work on an American holiday that is not also a local holiday.

12. NIGHT DIFFERENTIAL is a premium paid for work during basic workweek hours between 6:00p.m. and 6:00a.m. and is paid in addition to regular pay. Work at night, outside of the employee's basic workweek is compensated with overtime pay.

13. SPECIFIC DAY DIFFERENTIAL is a premium paid for work during basic workweek hours on the specified day that in Maldives is defined as the mandatory non-work day and is paid in addition to regular pay. Work on the specified day outside of the employee's basic workweek hours is compensated with overtime pay.

14. COMPENSATORY TIME may be granted in lieu of overtime pay, at the rate of one hour of compensatory time for each hour of overtime worked.

Compensatory time earned must be used within 26 pay periods after the end of the pay period in which it is accrued. If accrued compensatory time is not used by an employee within 26 pay periods it is forfeited. If the employee separates from the Mission or transfers to another agency within the Mission before expiration of the 26 pay period time limit, the employee must be paid for the compensatory time at the basic rate in effect when the payment is made. Post management must ensure that compensatory time is used within this time limit.

II. CODES

Workweek Rest Day A Rest Day B

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OVERTIME OT1 OT1 OT1

OT2

LOCAL HOLIDAY LH1 N/A N/A

AMERICAN HOLIDAY AH1 N/A N/A

NIGHT DIFFERENTIAL N/A N/A N/A

SPECIFIED DAY

DIFFERENTIAL N/A N/A N/A

III. AUTHORIZED RATES

OT1: 100% of HS plus 25% of HS for each hour of overtime worked each week.

OT2: 100% of HS plus 50% of HS for each hour of overtime worked on Friday or local holiday.

LH1: 50% of HS for each hour worked (in addition to regular pay and overtime for the day).

AH1: 50% of HS for each hour worked (in addition to regular pay and overtime for the day).

ND1: Not Authorized SD1: Not Authorized

HS = Hourly Salary RP = Regular Pay N/A = Not Applicable

LCP effective 07/07/2019 Page 12 of 52 Maldives

SECTION 6: LOCAL SOCIAL SECURITY SYSTEM (LSSS)

PARTICIPATION

a. Host Government LSSS

There is no local social security system in Maldives

b. Other Country's LSSS

Not applicable.

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SECTION 7: SALARY ADVANCE PLAN

The Mission does not have a Salary Advance Plan.

LCP effective 07/07/2019 Page 14 of 52 Maldives

SECTION 8: LEAVE BENEFITS AND POLICIES

a. Local Leave Plan (LLP)

EFFECTIVE DATE: July 07, 2019 State authorization telegram: 10 STATE 67729, 19 STATE 32344

I. AUTHORITY

Section 408 of the Foreign Service Act of 1980, as amended, provides that any local compensation plan established under that section may include provisions for leave of absence with pay for Locally Employed Staff in accordance with prevailing law and employment practices in the locality of employment without regard to any limitations contained in Section 6310 of Title 5, United States Code.

II. POLICY

A. It is the policy of the Foreign Affairs agencies to adopt locally prevailing leave benefits for Locally Employed Staff in lieu of any benefits patterned after the provisions of the U.S. Annual and Sick leave Act of 1951.

B. All employees paid under the Local Compensation Plan are required to be enrolled under the local leave plan.

III. CREDITABLE SERVICE

The following criteria govern the determination of creditable USG service when determining local leave entitlements:

A. Creditable service is documented continuous service with U.S. Government (USG) agencies under a Direct Hire appointment, Personal Services Contract or Agreement.

Continuous service is service without a break of more than three calendar days.

B. In accordance with 19 State 32344 and effective July 07, 2019, creditable service with U.S. Government (USG) agencies includes personal services contract (PSC) time with Peace Corps that was performed after 11/20/2011. In other words, starting on July 07, 2019, leave accrual that is based on length of service will consider prior Peace Corps PSC service if such service was performed after 11/20/2011. In addition, in order to qualify, this service must meet any general requirements (e.g., that Service be documented and continuous) stipulated as part of the creditable service definition for leave.

LCP effective 07/07/2019 Page 15 of 52 Maldives

C. Creditable service does not include indirect employment or so-called non-personal services with an in-house entity providing services exclusively to the mission unless all of the following criteria are met and documented:

(1) the host government considers the entity to be an integral part of the mission;

(2) such service immediately precedes creditable Personal Services Agreement, Personal Services Contract or Direct Hire employment without a break in service of more than three calendar days, and (3) such service is recognized by local law to be continuous service with the

USG.

D. Creditable service does not include any period during which an individual provided services to the U.S. Mission under a purchase order.

E. Periods of leave without pay which accumulate to more than two weeks are deducted from creditable service.

IV. WORKWEEKS

The amounts of leave listed in this plan are applicable to employees with regularly scheduled 40-hour workweeks.

Employees on other workweek schedules will accrue and expend appropriately prorated amounts of leave. Maximum limits also will be appropriately prorated for employees on other than 40 hour workweek schedules.

If the number of hours in an employee's full time workweek schedule change, all of the employee's leave balances will be appropriately prorated. Effective on the date of the change in workweek hours, the employee will begin accruing leave based on the new workweek schedule hours.

V. LEAVE YEAR

The leave year normally will begin on the first date of pay period 1 and end on the last day of pay period 26. During the infrequent occasions when there are 27 pay periods in a leave year, the leave year will begin on the first day of pay period 1 and end on the last day of pay period 27.

Leave that is accrued on a per pay period basis (annual leave) will be accrued during pay period 27 at the rate it was accrued during pay period 25. No change will be made to the limits of other types of leave that are granted on an occasional basis.

VI. SALARY PAYMENTS

Salary paid by the U.S. Mission to an employee while on paid leave, as well as any lump sum payments for unused annual leave, will be calculated on the basis of the employee's basic rate plus any other allowances or payments that are regularly paid each pay period, to the extent

LCP effective 07/07/2019 Page 16 of 52 Maldives specified below. Salary payments made while on approved leave will not include any premium pay.

VII. ANNUAL LEAVE

A. Amount of Annual Leave Employees will earn 30 work days (240 hours) of annual leave each year. While on annual leave, the U.S. Mission will pay the employee 100% of basic salary and 100% of all allowances regularly paid each pay period.

B. Crediting of Annual Leave Annual leave will be credited on a prorated basis each pay period as follows:

Hours Hours earned Hours earned Earned each of first in pay period Annually 25 pay periods number 26

240.00 9.50 2.50

C. Eligibility for Annual Leave Employees are eligible for accrual and use of annual leave upon entrance on duty.

D. Carry Over of Annual Leave from One Year to the Next

Each employee may accumulate, for carry over to the next leave year, a maximum of one year's annual leave entitlement. Any unused annual leave at the end of the leave year in excess of the maximum limit is forfeited.

E. Restoration of Annual Leave Previously approved and scheduled annual leave which is canceled by the employee's supervisor due to work requirements at post, and which otherwise is subject to forfeiture, may be restored to the employee's account at the beginning of the next leave year for use during that leave year. Restored annual leave must be used within one year and may not be carried over from year to year.

Restoration of canceled annual leave must be approved in writing by the employee's supervisor and by the Administrative Counselor, and reported to the timekeeper.

F. Minimum Charge for Annual Leave Annual leave will be accrued and charged in minimum increments of one quarter hour.

G. Annual Leave Accrued Under System Patterned After U.S.

Annual and Sick Leave Act

Annual Leave accrued under the USG style leave plan will remain to the employee's credit after the date of enrollment in the local leave system. Annual leave accrued

LCP effective 07/07/2019 Page 17 of 52 Maldives under the Local Leave Plan will be added to this balance.

At the end of each leave year, this combined balance of annual leave accrued under USG style leave plan and local leave plan is subject to the carryover limit in section VII.D above.

H. Lump Sum Payment for Unused Annual Leave Upon separation, an employee will receive a lump sum payment for unused annual leave, computed on the basis of the employee's pay rate at the time of separation. Payment will be calculated using the same salary basis (basic salary and biweekly paid allowances) used for salary payments when an employee uses annual leave.

Payment will be for the total of

(a) the number of unused annual leave hours earned during the current leave year, and

(b) the number of unused annual leave hours accrued under the local leave plan that were carried over from the previous leave year and not used during the current leave year.

However, payment for the combined total of these two types of unused annual leave will be subject to a maximum limit of one year's entitlement, that is 240 hours.

In addition to payment for the above type of unused annual leave, payment will be made for any unused annual leave that was restored to the employee's leave account at the beginning of the year in which the employee separates.

Payment for unused restored annual leave is subject to a maximum limit of one year's entitlement.

I. Advancement of Annual Leave

An employee with a minimum of one year creditable service may be advanced annual leave up to the amount the employee will earn in the remainder of the leave year. Advancement of annual leave requires the written approval of the employee's American supervisor and the Administrative Counselor. Any indebtedness for annual leave at the time of separation must be repaid by the employee. If necessary, the amount owed will be deducted from the employee's final salary, severance pay, or any other final payment.

J. Responsibilities of Supervisors and Employees Appropriate action will be taken by the supervisor to ensure that each employee is permitted to take a regular vacation each year. Because of the benefits resulting both to the employee and the service, all employees should be granted, consistent with work requirements of the office involved, sufficient continuous leave for vacation purposes to provide an adequate period of rest and recreation. Leave

LCP effective 07/07/2019 Page 18 of 52 Maldives must be approved by the employee's American supervisor in writing and reported to the timekeeper.

VIII. Sick Leave

(A) Policy

(1) Sick leave may be authorized for the following reasons:

Sick leave will be authorized when the employee is unable to work because of sickness or injury or when the employee needs medical examination or treatment that can be obtained only during the time when the employee normally would be working.

Every absence due to sickness or injury must be reported immediately to the employee's American supervisor and the employee's timekeeper so that the appropriate charge of sick leave will be made. The employee must also keep his/her supervisor well informed as to the probable duration of the employee's absence so that contingency arrangements can be implemented to cover the absence.

Absence of two or more consecutive days for sick leave must be supported by a physician's certificate, and a physician's certificate may be required for an absence of two consecutive workdays or less if the employee's supervisor has reason to believe that the employee is using sick leave improperly. The employee must submit, in advance, a request to his or her American supervisor for permission to use sick leave for the purpose of medical, dental, or optical examination or treatment. Leave must be reported by the employee's American supervisor in writing and reported to the timekeeper.

(B) Amount of Sick Leave

Each employee will be entitled to 30 workdays (240 hours) of sick leave for use during the leave year.

(C) Crediting of Sick Leave

Sick leave will be credited on a prorated basis each pay period as follows:

Hours Hours earned Hours earned Earned each of first in pay period Annually 25 pay periods number 26

240.00 9.50 2.50

(D) Payment While on Sick Leave

While on sick leave, the U.S. Mission will pay the employee 100% of basic salary and 100% of all allowances paid on a biweekly basis.

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(E) Carry Over of Sick Leave From One Year to the Next There is no carry-over of unused sick leave.

(E) Advancement of Sick Leave

Advancement of sick leave beyond the annual limits is not permitted. Any indebtedness for sick leave at the time of Separation will be deducted from the employee's final salary.

(F) Minimum Charge for Sick Leave

Sick leave will be charged in minimum increments of one hour.

(G) Unused Sick Leave Entitlement Under Local Leave Plan

Upon separation, no lump sum payment will be made to the employee for any unused sick leave. Sick Leave accrued under the local leave plan is not creditable for computing any type of retirement benefits.

(I) Unused Sick Leave Accrued Under Leave System Patterned After the U.S. Annual and Sick Leave Act

Unused sick leave accrued prior to enrollment under the local leave plan will be combined with sick leave granted upon enrollment in the local leave plan, as described in section VIII.B above.

IX. MATERNITY LEAVE

A. Amount of Leave

Upon submission of a medical certificate specifying the estimated date of giving birth issued by a licensed medical practitioner, female employees are eligible for 60 days (12 weeks) of paid maternity leave.

B. Payment While on Maternity Leave

While on approved maternity leave, the U.S. Mission will pay the employee 100% of basic salary.

C. Minimum Charge for Maternity Leave

Maternity leave will be charged in minimum increments of one hour.

D. Additional Leave

An additional 28 days of leave shall be granted to an

LCP effective 07/07/2019 Page 20 of 52 Maldives employee where a licensed medical practitioner certifies the employee's inability to return to work either due to the ill-health of the mother or the baby. Such leave can be granted prior to the estimated date of delivery or after delivery. The employer has the discretion not to pay the employee for the duration of any such leave.

E. Circumcision leave

Each employee is entitled to five days of paid leave on the occasion of the circumcision of a child. Such leave shall commence from the date of the birth of the child.

F. Nursing Leave

Upon return from maternity leave, the employee is entitled to 2 daily breaks of thirty minutes each to attend to the needs of the child. This entitlement will be provided until the child is one year's old.

G. Parental Leave

Upon the expiry of an employee's maternity leave, the mother or father of the newborn child may take unpaid leave for a maximum period of one year.

X. Special Leave

A. Definition

Special leave is paid leave, without charge to annual leave, which may be granted for the death of a close relative, or for other personal reasons which may include emergencies, marriage, illness of family member, etc., with the approval of the employee's American supervisor.

B. Amount of Special Leave

--10 days (80 hours) For purpose of special leave, close relative is defined as the employee's spouse, parents, children, grandparents, and grandchildren.

C. While on special leave, the U.S. Mission will pay the employee 100% of the employee's basic rate and 100% of all allowances regularly paid each pay period.

D. Special leave is not accrued each leave year. It is granted on an as needed basis subject to the limits stated above. Unused entitlements to special leave are forfeited and may not be carried over or accumulated from year to year.

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E. Advancement of Special Leave

Advancement of special leave is not permitted.

F. Proof Required An employee's American supervisor may require appropriate proof to support a request for special leave.

G. Unused Special Leave Upon separation, no lump sum payment will be made for unused special leave.

XI. HOLIDAYS

If a holiday falls within a period of approved paid leave, the employee will not be charged leave on the holiday.

XII. RESPONSIBILITY FOR LEAVE RECORDS

The time and attendance (T&A) clerk is responsible for the proper reporting of leave and making any required reports to the personnel office. The T&A clerk will maintain a copy of the T&A leave report. The American Supervisor is responsible for the accuracy of the leave reported on the T&A cards which he/she approves.

The Human Resources Office will maintain leave records of individual employees. These records will be considered as the official leave files. As necessary, the personnel office will provide instructions and forms to the T&A clerks.

XI. INQUIRIES

Any questions concerning this leave plan should be directed to the Human Resources Office.

b. U.S. Style Leave Plan

The Mission does not use the U.S. Style Leave Plan. All employees are covered under the Local Leave Plan.

c. Excused Absence for Preventative Health Screenings

The Mission does not provide Excused Absence for preventative health screenings as described in 01 State 024004, 02/08/2001.

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d. Restoration of Annual Leave Policy

EFFECTIVE DATE: 01/01/2011

REFERENCE: 03 STATE 121436

1. This plan applies to all Locally Employed (LE) Staff covered under the US style leave plan and to all LE Staff covered under the post's Local Leave Plan (LLP).

2. Restoration of annual leave is a privilege and not an entitlement.

3. Both management and employees are responsible for planning and scheduling annual leave throughout the leave year to avoid forfeiture. Employees have an obligation to request annual leave in a timely manner and to take into account any other types of leave provided under the Local Leave Plan which the employee expects to request during the leave year. The supervisor has the obligation to consider both the needs of the office and the employee's right to schedule and take annual leave before approving requested leave.

Scheduled leave is always subject to cancellation, whether for the exigency of the public business or because of normal workload, vacancies, and poor leave scheduling, or other non-exigent circumstances. An employee's failure to schedule annual leave or to reschedule previously denied or cancelled leave, in order to avoid forfeiture does not relieve management of its responsibility to ensure that an employee's leave is in fact scheduled for use. An employee who refuses to schedule leave for use during the leave year, or to take previously scheduled leave, is not entitled to restoration of forfeited annual leave.

4. In order to qualify for restoration, the employee must have requested to use the annual leave in writing, and the supervisor must have approved the employee's request in writing, prior to the end of pay period 23. If the initial request for annual leave is not approved, the employee and supervisor must make every effort to reschedule the annual leave.

5. Scheduled annual leave that would otherwise be forfeited at the end of the leave year because of denial or cancellation may qualify for restoration under one of the following circumstances:

a. an exigency of the public business

b. absence on approved leave due to the employee's illness or injury or due to a family event

c. administrative error

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6. A request for restoration of forfeited annual leave must include the following documentation:

--The SF-71 or post specific ‘application for leave of absence’ showing approval of scheduled leave a minimum of 3 full pay periods prior to the end of the leave year.

--A written statement prepared by the official who either denies or cancels an employee's scheduled annual leave, dated and signed, and prepared at the time of denial or cancellation. The statement should indicate why the official denied or cancelled the leave, and describe the specific operational demand, with its inclusive dates, which caused the denial or cancellation.

--In the case of a request on the basis of the exigency of public business, the statement above must include a description of the specific exigency of public business that necessitated the denial or cancellation. Normal workload, staffing turnover, and poor leave scheduling are not qualifying exigent reasons.

--In the case of a request on the basis of absence on approved leave, the statement must include a description of the leave taken (sick leave, maternity leave, etc.) and the dates when it was taken.

Note: this policy does not override any provision in a Local Leave Plan which requires employees to forfeit annual leave and/or to not accrue annual leave during the period when the employee is on approved maternity leave, etc.

--In the case of a request on the basis of Administrative Error, a description of the Administrative Error.

--In all cases, the reasons for not rescheduling the denied or cancelled annual leave must be documented in the same manner and detail as required for initially canceling scheduled annual leave.

7. Requests for leave restoration must be submitted with the required documentation through the employee's supervisor to the Embassy's Management Officer who has the authority to approve the restoration of annual leave for Locally Employed Staff. If the required documentation is not submitted, there is no basis for approving the restoration of annual leave. Leave restoration requests should be submitted to the Management Officer within 90 calendar days after the completion of the leave year. The Management Officer may consider exceptions to the 90 day policy on a case-by-case basis. Requests for exceptions require full documentation specifying the reasons for the delay.

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8. A copy of the approved request for leave restoration, together with supporting documentation, must be sent to the appropriate FSC Payroll Office.

e. Voluntary Leave Transfer Program

Effective 01/01/2011, the Mission implemented the Voluntary Leave Transfer Program in accordance with 97 State 237373 and 96 State 237897.

f. U.S. Military Leave

Effective 01/01/2011, U.S. military leave as described in 3 FAM 3440 is authorized for Locally Employed Staff by 04 State 041536. Eligible LE Staff are those working under direct hire appointments, personal services agreements, and personal services contracts that are for one year or more.

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SECTION 9: MEDICAL BENEFITS

a. Medical Benefits Provided by the Host Government

Eligible LE Staff receive medical benefits from the Local Social Security System.

b. Medical Benefits Reimbursed/Paid by the U.S. Mission

The U.S. Mission does not directly reimburse medical expenses.

c. Medical Benefits Reimbursed/Paid by a Vendor

Effective Date: 01/19/2011 Email: SJHEMBY / RSRINIVASAN ET.AL. DATED 12/10/2010

MALDIVES LES PAY PLAN – PD POSITION

Effective 9/01/2007, the Mission has a contract with Sri Lanka Insurance Corporation to provide medical benefits to participating LE Staff. The contract will expire 08/31/2012. Premium costs are fully funded by the USG.

Participation is voluntary.

This cover has been extended to Maldivian LES effective 01/19/2011 (only on Claim Settlement basis in Sri Lankan Rupees: Claims to be forwarded to Sri Lanka Insurance through U.S. Mission in Colombo).

SECTION C OF THE CONTRACT: DESCRIPTION/SPECIFICATION/WORK

STATEMENT

PART I - HEALTH INSURANCE

C.1. Health Insurance Services.

The Government of the United States of America requires Health Insurance coverage for its employees as further described in C.1.2 in Sri Lanka. The Government has determined that the prevailing practice by employers in Sri Lanka is to provide for their employees health insurance protection and that the cost of such insurance protection is usually borne by the employer. Health insurance protection will be representative of locally prevailing compensation practice as further described in C.1.2. The specific health benefit coverage under this contract is set forth in Section C and the Exhibits in Section J.

The Contractor shall insure that health care under this contract does not exclude HIV/AIDS care, unless exclusion has been authorized by HR/OE/CMD. The Contractor shall

LCP effective 07/07/2019 Page 26 of 52 Maldives insure that health care under this contract does not exclude pre-existing conditions.

C.1.1 Employee and Dependent Health Services Benefits.

The health benefits under this contract are as follows.

Reimbursement of covered expenses is limited to the stated percentages of reasonable and customary costs. Proposals that contain more benefits (even if there is no increase in cost) or fewer benefits than stated in the solicitation may be deemed technically unacceptable.

Reimbursements or payments shall be made for the following covered benefits, subject to reasonable and customary costs in the locality where treatment was provided.

Employees and Dependents

C.1.1.1. 100% reimbursement of hospitalization medical expenses including prescribed drugs, intensive care, nursing care, doctors’ and surgeons’ fees, incurred while hospitalized.

C.1.1.2. Surgery – In-Patient – 100%

C.1.1.3. Prescription Drugs – In-Patient – 100% – including those that suppress opportunistic infections, such as tuberculosis and toxoplasmosis. Drugs prescribed for the illness up to 21 days after discharge from the hospital.

C.1.1.4. Maternity – In-Patient – 100% – including provisions for brief courses of anti-retroviral drugs during childbirth to prevent the transmission of HIV to the employee’s child. Duration of treatment is to be determined by the employee’s personal physician, following WHO and CDC guidelines. 80& of expenses related to Cesarean section deliveries

C.1.1.5. Psychiatric Treatment – In-Patient – 100%

C.1.1.6. Ambulance Service - To and from the hospital only 40% reimbursement

C.1.1.7. HIV/AIDS – 100%

C.1.1.8. Physical Therapy - In-Patient – 100%

C.1.2 Annual Maximum Limits and Conditions and Limitations

C.1.2.1 Annual Maximums

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C.1.2.1 sets forth Annual Maximum for in-patient coverage expressed as Alternate F.

Alternate F expresses the annual maximum limitation for in-patient coverage per Individual Family unit.

Alternate F - In patient limit per family unit: Rs. 520,000 with 10% deductible per claim

C.1.2.2 Maximum room rate per day is Rs. 6,000.00 In-Patient care of less than a day for ICU/ETU is considered one day for purposes of reimbursement of claims.

C.1.2.3 Health Benefits Conditions and Limitations.

Conditions and limitations on the entitlement to health care under this contract are as follows:

No reimbursement will be made for out of country medical expenses; medevac, transportation; physical therapy;

elective cosmetic or plastic surgery; special nursing care, massage therapy, spa cures, rejuvenation cures, non-medical hospital charges such as telephone or television; home help; family help, other similar assistance.

No reimbursement will be made by the U.S. Mission for expenses related to an illness or injury that is the result of an unlawful action on the part of the patient; the practice of a dangerous sport; excessive or illegal use of alcohol of drugs; or self-inflicted wounds.

C.1.3 Eligible Participants

C.1.3.1 Eligible Employees

The employees eligible for the health insurance services include the following:

C.1.3.1.1 All current active employees of the United States Government, employed within the geographic boundaries of Sri Lanka paid under the Local Compensation Plan, and certified by the Contracting Officer. Covered employees include

C.1.3.1.2. Foreign Service Nationals (FSNs) employed under direct hire appointments, Personal Services Agreements (PSAs) and Personal Services Contracts (PSCs);

C.1.3.1.3. Locally hired U.S. citizens employed under direct hire appointments, PSAs, and PSCs.

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C.1.3.2 Location of Employment.

The individuals covered by C.1.3.1 must be employed within the geographic boundaries of Sri Lanka by:

Department of State, Department of Defense, Library of Congress, International Broadcasting Bureau and U.S. Agency for International Development

C.1.3.3 Participants Covered Under a Rider

C.1.3.3.1 All current active employees of the Chief of Mission and the Deputy Chief of Mission assigned to their respective official Government residences and paid under an ORE account (see separate rider, Exhibit B). All costs for ORE employees are the responsibility of the employing officer, not the U.S. Government.

C.1.3.3.2 All current active employees of the American Embassy Recreation Association of Colombo (AERAC) (see separate rider, Exhibit C). All costs for AERAC employees are the responsibility of AERAC, not the U.S. Government.

C.1.4 Individuals Not Eligible for Coverage

Individuals not eligible for coverage under this contract are non-personal services contract personnel; Peace Corps Personal Services Contractors as required by MS 743;

employees working on a temporary basis; employees with an intermittent, seasonal, or WAE (when actually employed) schedule; and any other individual not falling within one of the categories of employees described in this clause.

C.1.5. Other Eligible Participants.

The following additional categories of persons are covered by this insurance:

The eligible employee’s dependents are covered by this plan. An employee’s dependents are defined as the employee’s legal spouse/s (limit to four) and each unmarried, economically dependent child under the age of 20 living with the employee, or, if a full-time student under the age of 25. Dependent children are natural or legally adopted or step children of a legal union. In order to claim a spouse as a dependent, the marriage certificate must be provided indicating such.

There is no age limit for a child who is physically or mentally handicapped so as to be unable to live independently. There is no limit on the number of children covered per employee.

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C.1.6. Eligibility

C.1.6.1. Term of Eligibility and Effective Date

Each current active eligible employee is enrolled for health benefits under this contract upon award and thereafter during the performance period of this contract.

Each new eligible employee will be enrolled upon entering on duty with the United States Government. An employee is considered active ("on the rolls") whenever such employee is on approved leave, whether paid or unpaid.

C.1.6.2. Period of Ineligibility.

Employees and their dependents are not entitled to health benefits during any period of employment for which premiums are not paid.

Additionally, employee's dependents are not entitled to health benefits during any period of employment during which the employee was not eligible to participate.

During a period of Leave Without Pay or unpaid leave that is one pay period or less, coverage under the insurance contract will continue. The USG will pay the total premium cost to the contractor. The employee’s share of the premium will be collected through payroll deduction in that or the subsequent pay period.

During a period of extended (beyond one pay period) of Leave Without Pay or unpaid leave, the employee is responsible for the full cost of the insurance premiums for self and dependents. The Mission will pay the premiums directly to the contractor, and will collect the full cost from the employee on a quarterly basis. Alternatively, the employee may elect to have coverage cease if that employee prefers not to pay the premium.

C.1.7. Brochure Requirement.

C.1.7.1. The contractor shall provide a document (brochure/pamphlet/other written document) in English, Sinhala and Tamil, that sets forth a complete listing of the health insurance benefits to be provided under this contract. This brochure shall be provided in sufficient quantities so that each covered employee receives a copy.

The contractor shall furnish all copies of the brochures to the COR, who will ensure that appropriate distribution is made.

C.1.7.2. The contractor shall provide the document described in C.1.7.1 to the COR not later than 30 days after date of contract award. The Contractor shall provide

LCP effective 07/07/2019 Page 30 of 52 Maldives additional brochures for new employees within ten (10) days of the COR’s request.

C.1.7.3. The contractor assumes full responsibility for ensuring that the document described in C.1.7.1 accurately reflects the requirements of the contract, as implemented by the contractor’s technical proposal. In all cases, the contract shall take precedence. Should the COR discover that the brochure contains inaccuracies, the contractor will be notified in writing; however, failure on the part of the Government to notice any inaccuracies shall in no way limit, revise or otherwise affect the requirement under this contract for the contractor to fully comply with all contract terms.

C.2.0. Reserved

C.3.0 Definitions

FMO The Financial Management Officer or the paying office for all U.S. Government Agencies except AID.

COR Contracting Officer's Representative (Human Resources Officer at post).

Contributory Insurance for which the employee contributes toward the premium.

Family Unit Employee and his/her dependents

Dependent The eligible employee’s dependents are defined as the employee’s legal spouse/s (limit to four) and each unmarried, economically dependent child under the age of 20 living with the employee, or, if a full-time student under the age of 25. Dependent children are natural or legally adopted or step children of a legal union. In order to claim a spouse as a dependent, the marriage certificate must be provided indicating such. There is no age limit for a child who is physically or mentally handicapped so as to be unable to live independently. There is no limit on the number of children covered per employee.

Disability, Total and Permanent A physical or mental impairment which precludes the individual from performing ordinary motor or bodily functions and which requires separation from employment. If the impairment is the result of a previous impairment, it shall be considered a continuation of the prior impairment.

Employee An individual employed by the U.S. Government, under a direct-hire appointment, personal services contract, or personal services agreement, as further defined in Section C.1.3 for health insurance and C.2.3 for

LCP effective 07/07/2019 Page 31 of 52 Maldives life insurance. This may also include an ORE Staff and/or AERAC employee, if this category of individual is an eligible participant, as defined in C.1.3 for health insurance and C.2.3 or life insurance.

Employer The United States Government or in the case of ORE and AERAC employees, the Chief of Mission/Deputy Chief of Mission and the American Embassy Recreation Association of Colombo, respectively.

GSO General Services Officer in charge of the General Services Office at post. This officer is usually the Contracting Officer for this contract.

Hospital An institution established and operated for the care and treatment of sick and injured persons. It provides 24-hour nursing care and has diagnostic, laboratory, treatment, and surgical facilities. Any institution which does not meet this definition is not considered a hospital.

Hospital Patient An individual who has been admitted to a hospital, is assigned a bed, and is given diagnostic tests or receives treatment for a disease or an injury.

Maximum Benefit The total amount that will be paid to any one covered individual for covered medical expenses or life insurance/disability benefit.

Customary and Reasonable Treatment A diagnostic test or medical treatment which is usually performed in the community where the individual is…