Attachment_J.33_-_DRC_Local_Compensation_Plan.docx

LOCAL COMPENSATION PLAN

American Embassy Kinshasa, Congo Effective Date: 06/29/2014

a. Introductory Page:

Revision made to the LCP:

Revision of Local Compensation Plan to reflect an average of 37.5% increase to total compensation for all FSN grade levels, as per proposed pay scale submitted in HR/OE record email dated April 18, 2014. This increase affects Basic Rates, 13th and 14th month bonuses and Housing Allowance for all pay scales, including ERRs.

All other attachments of the Local Compensation continued without change.

Summary list of revisions made to the LCP

1. Premium pay and CSR deductions are computed on basic salary rates shown in section 4.

2. The waiting period for all periodic step increases is 52 consecutive weeks (See Section 1, Remarks 5)

3. Bonus payments and severance payments are made in accordance with rules in sections 4 and 11.

The 13th and 14th month bonuses are 1/12th of the employee's annual basic salary.

4. The 13th month bonus is payable when payment for pay period 23 is received and the 14th month bonus is payable when payment for pay period 10 is received (section 4).

ALLOWANCES/BENEFITS)

1. Meal Allowance: effective 11/22/99, revised 03/23/03;

Housing Allowance: effective 11/22/98. Housing Allowance is 10% of employee's annual basic salary.

Miscellaneous Benefits Allowance effective 11/22/98 Revised 03/23/03;

Transportation Allowance: revised amounts effective 08/25/02;

Family Allowance: effective 11/22/98, Revised 07/17/11 (11 State 64531);

Method of payment: Effective 10/02/94, amended 12/19/99.

2. Funeral/Death Plan: (revised 11/22/98), amended 01/31/2014, section 10, d. (14 State 8462)

3. Separation Notice Plan, effective 10/02/94, section 12.

4. Severance Pay Plan, effective 10/02/94, section 11.

5. DCP plan effective 12/10/06, (replaces Temporary Basic Retirement Plan) section 15

6. List of Authorized Holidays, section 2.

7. Locality Leave Plan, revised 03/23/03, section 8.

8. Health Plan, revised 06/15/13, section 9-c, (12 State 35861 and 13 State 80146).

9. Work Benefit Plan: Unique Condition of Work Benefit for Detailed or TDY Assignment to a Designated U.S. Danger Pay Post. (Section 17).

10. Voluntary Leave Transfer Plan for Locally Employed Staff (VLTP), effective 06/24/07, section 8.

11. Compensatory Time Off for official travel for LE Staff, effective 12/09/07, section 17.

12. Iraq TDY Benefits, effective 07/18/2010, section 17.

13. LE Staff Reduction-In-Force (RIF) Plan, section 14, effective pay period 15, 2011.

b. Table of Contents

Section

1. Remarks……………………………………………………………………………………………………………………………………….Page 5

2. Holiday List………………………………………………………………………………………………………………………….Page 6

3. Allowances/Benefits……………………………………………………………………………………………………….Page 7

a. Transportation Allowances/Benefits…………………………………………………….Page 7

b. Meal Allowances/Benefits……………………………………………………………………………….Page 7

c. Family Allowances/Benefits………………………………………………………………………….Page 8

d. Housing and Utility Allowances/Benefits……………………………………….Page 9

e. Unique Conditions of Work Allowances/Benefits……………………….Page 9

f. Other Allowances/Benefits…………………………………………………………………………….Page 9

4. Bonuses……………………………………………………………………………………………………………………………………….Page 11

5. Premium Pay Plan……………………………………………………………………………………………………………….Page 13

6. Local Social Security System (LSSS) Participation……………………….Page 16

a. Host Government LSSS………………………………………………………………………………………….Page 16

b. Other Country's LSSS………………………………………………………………………………………….Page 16

7. Salary Advance Plan……………………………………………………………………………………………………….Page 17

8. Leave Benefits and Policies………………………………………………………………………………….Page 18

a. Local Leave Plan (LLP)…………………………………………………………………………………….Page 18

b. U.S. Style Leave Plan……………………………………………………………………………………….Page 28

c. Excused Absence for Preventative Health Screenings ……….Page 28

d. Restoration of Annual Leave Policy…………………………………………………….Page 28

e. Voluntary Leave Transfer Program………………………………………………………….Page 29

f. U.S. Military Leave.………………………………………………………………………………………….Page 29

9. Medical Benefits …………………………………………………………………………………………………………….Page 30

a. Medical Benefits Provided by the Host Government……………….Page 30

b. Medical Benefits Reimbursed/Paid by the Mission………………….Page 30

c. Medical Benefits Reimbursed/Paid by a Vendor………………………….Page 30

10. Death and Disability Benefits…………………………………………………………………………….Page 34

a. Death Benefit Plan……………………………………………………………………………………………….Page 34

b. Funeral Benefit Plan….…………………………………………………………………………………….Page 34

c. Life/Accident/Disability Insurance…………………………………………………….Page 35

d. Section 413 FS Act Death Gratuity …………………………………………………….Page 35

11. Severance Pay Plan ……………………………………………………………………………………………………….Page 36

12. Separation Notice Plan……………………………………………………………………………………………….Page 40

13. Separation for Age Plan….……………………………………………………………………………………….Page 43

14. Reduction in Force (RIF)………………………………………………………………………………………….Page 44

15. Retirement and other End of Service Benefits…………………………………….Page 50

a. LSSS Retirement………………………………………………………………………………..………………….Page 50

b. U.S. Civil Service Retirement (CSR) ……………………………………………….Page 50

c. U.S. Social Security………………………………………………………………………………………….Page 50

d. LSSS Replacement Retirement Plans……………………………………………………….Page 50

e. Retirement Benefits Paid by the Mission……………………………………….Page 53

f. Retirement Benefits Paid by a Vendor…………………………………………………Page 53

16. Workers' Compensation………………………………………………………………………………………………….Page 54

b. Table of Contents (Continued)

e. Unique Conditions of Work Benefit (UCWB) for TDY to a

Salary Schedules (Attached Spreadsheet)

Signature page …………………………..……………………………………………………………………………………………. Page 60

SECTION 1: REMARKS

1. This Local Compensation Plan (LCP) for Democratic Republic of Congo applies to Locally Employed (LE) Staff in Kinshasa 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 Charleston, 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 participating USG agencies are: State, USAID, DOD CDC and OSC.

3. Currency: Unless otherwise stated, all compensation is denominated in US Dollar and payable in US Dollar in dollar bank accounts.

4. Basic workweek: The basic full time workweek is Monday through Friday and the weekend is Saturday and Sunday. 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):

FR: FSC NO. 005191735 and FSC NO. 005676118.

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.

SECTION 2: HOLIDAY LIST

2014 HOLIDAY LIST

AMERICAN HOLIDAYS EMBASSY CLOSED. ALL EMPLOYEES ORDERED TO WORK WILL RECEIVE HOLIDAY PAY. CONGOLESE HOLIDAYS ARE SUBJECT TO CHANGE.

CONGOLESE HOLIDAYS EMBASSY CLOSED. ALL CONGOLESE EMPLOYEES ORDERED TO WORK WILL RECEIVE HOLIDAY PAY. ALL OTHER EMPLOYEES ORDERED TO WORK WILL RECEIVE REGULAR PAY.

*Duplicate U.S. and Congolese Holiday

SECTION 3: ALLOWANCES/BENEFITS

a. Transportation Allowance/Benefits:

1. Authority: 02 State 137696

2. Definition: The Mission provides a transportation allowance as described below.

3. Effective Date: 08/25/2002

4. Eligibility: All employees are eligible except those paid from the ERR schedules constructed on FP schedule, and those working on a part time temporary, WAE non-temporary, and WAE temporary basis. Employees working on a full time non-temporary, full time temporary and part time non-temporary basis are eligible.

5. Annual amount of the allowance for employees working on a full time basis:

6. Frequency with which the allowance is paid: Allowance is paid on a biweekly pay period basis.

7. Transportation allowance will be compensated as is the salary when employees are on leave, as follows:

b. Meal Allowance/Benefits

1. Authority: 02 State 252347

2. Definition: The Mission provides a meal allowance as described below.

3. Effective Date: 03/23/2003

4. Eligibility: All employees are eligible except those paid from the ERR schedules constructed on FP schedule, and those working on a part time temporary, WAE non-temporary, and WAE temporary basis. Employees working on a full time non-temporary, full time temporary and part time non-temporary basis are eligible.

5. Annual amount of the allowance for employees working on a full time basis: $980 per annum for all grades.

6. Frequency with which the allowance is paid: Allowance is paid on a biweekly pay period basis.

7. Meal allowance will be compensated as is the salary when employees are on leave, as follows:

Meal Allowance should be appropriately increased or decreased for employees who are regularly scheduled to work more or less than five days per week, respectively. However, the allowance should not be paid for days in which the employee is regularly scheduled to work four or fewer hours.

c. Family Allowance/Benefits

1. Authority: 98 State 232651, revised 07/17/11 (11 State 64531)

2. Definition: The Mission provides a family allowance as described below.

3. Effective Date: 11/22/1998

4. Eligibility: All employees are eligible except those paid from the ERR schedules constructed on FP schedule, and those working on a part time temporary, WAE non-temporary, and WAE temporary basis. Employees working on a full time non-temporary, full time temporary and part time non-temporary basis are eligible.

5. Annual amount of the allowance for employees working on a full time basis:

CHILD ALLOWANCE: A child allowance of USD 200 per child and per year is authorized payable to each employee for each unmarried, economically dependent (natural or legally adopted) child under the age of 18, or under the age of 21 if a full-time student. This allowance is payable for a maximum of 6 children per employee. If both spouses are employed by the U.S. Mission, the child allowance should be paid to one parent only.

SPOUSE ALLOWANCE: A dependent spouse allowance of USD 96 per year is authorized payable to each employee with a dependent spouse. To be eligible, the employee’s spouse must earn less than USD 3,585 per year. Payment may be made for a maximum of one spouse per employee.

6. Frequency with which the allowance is paid: Allowance is paid on a biweekly pay period basis.

7. Family allowance will be compensated at 100% when employees are on leave.

d. Housing Allowance/Benefits

1. Authority: 98 State 232651

2. Definition: The Mission provides a housing allowance as described below.

3. Effective Date: 11/22/1998

4. Eligibility: Employees working on a full time non-temporary, full time temporary and part time non-temporary basis are eligible. Employees working on a part time temporary, WAE non-temporary, and WAE temporary basis are not eligible. Also excluded from coverage are non-personal services contract personnel and their employees, supplied by an independent contractor licensed to do business in Democratic Republic of Congo who provides services to other local organizations as well as to the U.S. Mission; employees of USAID institutional contractors; as required by section 10 (A)(5) of the Peace Corps Act, section 4.1 of MS 735 and 3 FAM 926, 3F; Foreign Agricultural services, personal service contractors as required by Public Law 100-202, December 22, 1987, and 6 FAH/FAM 211.5; and domestic servants at official residences. Excluded also those ERR rates constructed on the FP scale.

5. Annual amount of the allowance for employees working on a full time basis: 10 per cent (10%) of annual basic salary for all grades. The Housing Allowance should be prorated for part-time permanent employees.

6. Frequency with which the allowance is paid: Allowance is paid on a biweekly pay period basis.

7. Housing allowance will be compensated at 100% when employees are on leave.

e. Unique Conditions of Work Allowance/Benefits (UCWA/UCWB)

The Mission does not provide any Unique Conditions of Work Benefits based on conditions in the Democratic Republic of Congo.

f. Other Allowances/Benefits

Miscellaneous Benefits Allowance:

1. Authority: 98 State 232651, revised 03/23/03

2. Definition: The Mission provides a Miscellaneous Benefit allowance as described below.

3. Effective Date: 11/22/1998

4. Eligibility: All employees are eligible except those paid from the ERR schedules constructed on FP schedule, and those working on a part time temporary, WAE non-temporary, and WAE temporary basis. Employees working on a full time non-temporary, full time temporary and part time non-temporary basis are eligible.

5. Annual amount of the allowance for employees working on a full time basis:

FSN: 10-12: $ 6,008; FSN: 01-09: $ 1,638

The Miscellaneous Allowance should be prorated for part-time permanent employees.

6. Frequency with which the allowance is paid: Allowance is paid on a biweekly pay period basis.

7. Miscellaneous Benefits Allowance will be compensated at 100% when employees are on leave.

The Miscellaneous Benefits Allowance is subject to CSR deductions.

SECTION 4: BONUSES

I. Thirteenth Month Bonus:

1. Name of the bonus: Thirteenth Month Bonus:

2. Authority: N/A

3. Definition: The 13th month bonus is one twelfth of the employee’s annual basic salary. As a part of the total salary it is subject to CSR deductions.

4. Effective Date: N/A

5. Eligibility: Employees working on a full time non-temporary, full time temporary and part time non-temporary basis are eligible. Employees working on a part time temporary, WAE non-temporary, and WAE temporary basis, as well as employees paid from ERR schedule constructed on FP scale are not eligible.

6. Annual amount of the bonus for employees working full time: Employees who have been on the rolls for less than 26 pay periods prior to payment of each bonus will receive a prorated payment.

7. Timing of bonus payment: A thirteenth month bonus is paid each year at the same time payment for pay period 23 is received.

8. Each bonus will be prorated for periods of LWOP taken during the bonus year. The total bonus will be reduced proportionately each time the employee has accumulated a full workweek in LWOP status during the bonus year.

9. Prorated bonus for new and separating employees: An employee separated prior to the date each bonus is payable will receive a prorated payment for each bonus at separation, prorated for the period of service between each previous bonus payment and the date of separation. Each bonus is computed on the basis of the employee’s pay rate in effect at the time the bonus is payable or on the date the employee is separated, as appropriate.

II. Fourteenth Month Bonus:

1. Name of the bonus: Fourteenth Month Bonus:

2. Authority: N/A

3. Definition: The 14th month bonus is a vacation bonus and is one twelfth of the employee’s annual basic salary. Being considered a gratuity it is not taxable or subject to CSR deductions.

4. Effective Date: N/A

5. Eligibility: Employees working on a full time non-temporary, full time temporary and part time non-temporary basis are eligible. Employees working on a part time temporary, WAE non-temporary, and WAE temporary basis, as well as and employees paid from ERR schedule constructed on FP scale are not eligible.

6. Annual amount of the bonus for employees working full time: Employees who have been on the rolls for less than 26 pay periods prior to payment of each bonus will receive a prorated payment.

7. Each bonus is computed on the basis of the employee’s pay rate in effect at the time the bonus is payable or on the date the employee is separated, as appropriate. Each bonus will be prorated for periods of LWOP taken during the bonus year. The total bonus will be reduced proportionately each time the employee has accumulated a full workweek in LWOP status during the bonus year.

8. The timing of bonus payment: A fourteenth month bonus is paid each year at the same time payment for pay period 10 is received (first week in June).

9. Prorated bonus for new and separating employees: An employee separated prior to the date each bonus is payable will receive a prorated payment for each bonus at separation, prorated for the period of service between each previous bonus payment and the date of separation.

III. Anniversary Bonus:

1. Name of the bonus: Anniversary Bonus

2. Authority: N/A

3. Definition: Cash awards will be granted to eligible employees upon attainment of years of USG service. Payment should be calculated using employee’s annual basic salary in effect on the service anniversary date

4. Effective Date: N/A

5. Eligibility: Creditable service should be defined as continuous USG service under a direct hire appointment, Personal Services Agreement or Personal Services Contract. Continuous service does not include any Personal Services Contract time with Peace Corps, as required by Section 10 (A) (5) of the Peace Corps Act, Section 4.1 of MS 735 and 3 FAM 926.3F. Continuous service does not include any Personal Service Contract time with Foreign Agricultural service, as required by Public Law 100-202, December 22, 1987, and 6 FAS/FAM 211.5. Periods of LWOP are deducted from creditable service.

Completed Years of USG Service Bonus Payment

10 years 9.0 percent 15 years 11.5 percent 20 years 11.5 percent 25 years 15.0 percent 30 years 17.5 percent 35 years 10.0 percent 40 years 10.0 percent

SECTION 5: PREMIUM PAY PLAN

Premium pay rates for FSN employees in the Democratic Republic of Congo (DRC)

A. Rest days are the one or two days per week in which a full-time employee is not regularly scheduled to work.

BASIC WORKWEEKS AT POST DAYS CONSIDERED TO BE

REST DAY A REST DAY B

Monday - Friday Saturday Sunday

B. Tour of duty is an employee’s basic workweek hours. An employee’s tour of duty is recorded on a Personal Action and a permanent change in the tour of duty requires another Personal Action.

C. Hourly salary is annual salary divided by 2080, divided by the workweek factor.

Workweek factor is the number of total hours in an employee’s basic workweek, divided by 40. Workweek factors for Democratic Republic of Congo are:

40 hour schedule 1.000 45 hour schedule 1.125 48 hour schedule 1.200

D. Salary for purposes of premium pay calculations is defined as basic salary.

E. Regular pay is total pay (BR plus allowances) normally received for daily work within the basic workweek, exclusive of any 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.

F. Overtime pay is compensation for work performed outside the total hours in an employee’s basic workweek hours. If an American holiday falls outside of the employee’s basic workweek, an alternative day within the employee’s 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.

G. 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.

H. Night differential is a premium paid for regularly scheduled work at night between 7:00 p.m. and 5:00 a.m. Work at night outside of the employee’s basic workweek hours is compensated with overtime pay.

I. Specific day differential is a premium paid for work during basic workweek hours on the specified 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.

J. 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.

K. Employees in grades FSN-9 and above are eligible for straight time only (100 percent of BR) for each hour of overtime and work on a holiday. Employees in grades FSN-9 and above are not eligible for the night differential, Saturday differential, or Sunday differential.

CODES

WORKWEEK REST DAY A REST DAY B

Overtime OT1 OT1 OT1

- OT2 OT2 OT2

Local Holiday LH1 N/A N/A

LH2

American Holiday AHL1 N/A N/A

Night Differential ND1 N/A N/A Saturday and Sunday Differential SD1 N/A N/A

AUTHORIZED RATES

OT1: For employees in grades FSN-8 and below, 100 percent of HS plus 50 percent of HS for each hour of overtime worked on any day of the week.

OT2: For employees in grades FSN-9 and above, 100 percent of HS for each hour of overtime worked on any day of the week.

LH1: For employees in grades FSN-8 and below, 150 percent of HS for each hour worked (in addition to RP).

LH2: For employees in grades FSN-9 and above, 100 percent of HS for each hour worked (in addition to RP).

AH1: For all employees, 100 percent of HS for each hour worked (in addition to RP).

ND1: For employees in grades FSN-8 and below, 25 percent of HS for each hour worked during basic workweek hours between 1900 and 0500 (in addition to RP).

SD1: For employees in grades FSN-8 and below, 20 percent of HS for each hour worked during basic workweek hours on Saturday or Sunday (in addition to RP).

HS Hourly Salary RP Regular Pay N/A Not applicable

SECTION 6: LOCAL SOCIAL SECURITY SYSTEM (LSSS) PARTICIPATION

a. Host Government LSSS

The Mission does not participate in the “Institut National de Sécurité Social (INSS)”, the local social security system, as authorized by the Department in 06 State 094329. Participation is suspended until the INSS functions properly. In the meantime post participates in the Defined Contribution Plan (DCP).

b. Other Country's LSSS

Not applicable.

SECTION 7: SALARY ADVANCE PLAN

The Mission does not have a Salary Advance Plan.

SECTION 8: LEAVE BENEFITS AND POLICIES

a. Local Leave Plan (LLP), effective January 12, 1992

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 leaves of absence with pay for Foreign National employees in accordance with prevailing law and employment practices in the locality of employment without regard to any limitations contained in 5 USC 6310.

II. Policy:

A. It is the policy of Foreign Affairs Agencies to adopt locally prevailing leave benefits for FSN employees in lieu of any benefits patterned after the provisions of the U.S. Annual and Sick Leave Act of 1951.

B. Employees hired before June 12, 1983, were given a one-time irrevocable option in 1983 to enroll under the Local Leave Plan or remain under the USG style Leave Plan. All employees who enter on duty on or after June 12, 1983, will be covered under the Local Leave Plan.

III. Creditable Service:

The following criteria govern the determination of creditable U.S.

Government (USG) service when determining local leave entitlements:

A. Creditable service include verifiable, continuous USG service under a directhire appointment or personal services contract, that is, service without a break of more than 3 calendar days.

Continuous service includes transfers, without a break of more than 3 calendar days, from a directhire appointment to a personal services contract, and vice versa.

B. Indirect employment or socalled non-personal services with an inhouse entity providing services exclusively to the Mission and considered by the Government of the Democratic Republic of the Congo to be an integral part of the Mission, when (1) such service immediately precedes personal services contract or directhire employment without a break in service of more than three calendar days, and (2) such service is recognized by Congolese law to be continuous service with the USG.

C. Continuous service does not include any personal services contract time with Peace Corps, as required by Section 10(A)(5),of the Peace Corps Act, Section 4.1 of MS 735 and 3 FAM 926.3F.

D. Continuous service does not include any personal services contract time with Foreign Agricultural service, as required by Public Law 100202, December 22, 1987, and 6 FAS/FAM 211.5.

E. Approved Leave Without Pay does not constitute a break in continuous service. However, periods of leave without pay in excess of two weeks are deducted from creditable service.

IV. Workweeks: The amounts of leave listed in this plan are applicable to employees with regularly scheduled workweek of 40, 45, and 48 hours. Employees of other workweek schedules will accrue and expend appropriately prorated amounts of leave. Prorated amounts of leave that are fractions are rounded to the next highest whole number of hours.

V. Leave Year: The leave year normally will begin on the first day 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 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 day 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 annual limits of other types of leave (sick, maternity, and casual) that are accrued or granted on an annual or occasional basis.

VI. Salary Payments: Salary paid by the U.S. Mission to an employee while on approved annual, sick, maternity, and casual 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 provided below. Salary payments made while on approved leave will not include premium pay.

VII. Annual Leave:

A. Amount of Annual Leave:

Employees will earn the following amounts of annual leave each year. The number of days and hours listed below pertain to a 40hour, 5 day workweek. For employees on 45 and 48 hour schedules, the numbers of hours earned are shown in section (B) below.

Completed years of service Number of Work Days (Hours)

FSN 16 FSN 79 FSN 1013

B. Crediting of annual leave

(1) Annual Leave is credited on a prorated basis each pay period beginning with the employee's entrance on duty, as follows. The "Total" column shows the total number of hours credited during pay periods 1 through 26. The "125" column shows the number of hours credited in each of pay periods 1 through 25. The "26" column shows the number of hours credited in pay period 26.

An employee who becomes eligible for a higher annual leave category as a result of a promotion or service anniversary will begin earning annual leave at the higher rate at the beginning of the pay period coincident with or next following of the effective date of the promotion or service anniversary.

(2) On a one time basis only, at the time of the implementation of this revised Local Leave Plan on January 12, 1992, each current employee’s annual leave balance will be credited with annual leave covering the employee's service from his/her previous (1991) service anniversary date through the end of pay period 26 (January 11, 1992). Beginning with pay period 1 of 1992, each employee then will begin to accrue annual leave each pay period. For example, an FSN3 employee on a 40 hour workweek schedule whose second anniversary was on 10/6/91 (pay Period 20) will receive 46 hours of annual leave covering pay periods 20 through 26. The employee is entitled to 6 hours each for pay periods 20, 21, 22, 23, 24, and 25, and 10 hours for pay period 26, for a total of 46 hours.

C. 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 half year’s annual leave entitlement. For example, an employee whose annual leave entitlement is 160 hours may carry over up to 80 hours of unused annual leave. An employee whose annual leave entitlement is 288 hours may carryover up to 144 hours of unused annual leave. The carryover limit will be calculated based on the employee’s annual leave entitlement in effect during pay period 26. Except as provided for below through restoration or payment upon separation procedures, any unused annual leave year at the end of the leave year in excess of one half year’s entitlement is forfeited.

D. 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. The procedures to restore annual leave are as follows:

(1) All annual leave must be approved within the first nine months of the leave year.

(2) When canceling previously approved leave, the Supervisor must provide the employee with a written reason for the cancellation and an alternate date when the leave may be taken. Both the employee and the Supervisor should attempt to reschedule the leave within the leave year in which it was credited.

(3) Canceled leave which cannot be rescheduled within the leave year may be approved for restoration by the American Human Resources Officer (USAID EXO for AID FNPSC employees) upon application by the employee. Approved and canceled leave slips as well as the Supervisor’s memorandum of cancellation must be submitted with the request at least 30 days prior to the end of the leave year. Requests submitted late will be returned without action and unused leave which exceeds the carryover limit will be forfeited.

E. Minimum Charge For Annual Leave

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

F. Annual Leave Accrued Under System Patterned After U.S. Annual and Sick Leave Act.

Annual leave balances accrued prior to June 1983 under the leave system patterned after the U.S. Annual and Sick Leave Act remained to the employee’s credit after the date of enrollment in the Local Leave System. This annual leave will be maintained as a separate balance and may be used by the employee to supplement annual leave accrued under the Local Leave Plan. This separate balance of annual leave may be drawn down by the employee, but may not be increased. At the time of separation from employment, the outstanding balance of this annual leave will be converted to a lump sum payment, subject to the limitations in section VII G below.

G. Lump Sum Payment For Unused Annual Leave.

(1) Upon separation, an employee will receive a lump sum payment for unused annual leave. Payment will be computed on the basis of the employee’s pay rate at the time of separation. Payment will be for the total of (A) the number of unused annual leave hours accrued under the USG style leave plan, plus (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, plus (C) the number of unused annual leave hours earned during the current leave year. However, payment for the combined total of these three types of unused annual leave will be subject to a maximum limit of one and one half year's annual leave entitlement. For example, an employee whose annual leave entitlement is 160 hours may be paid for a maximum of 240 hours of unused annual leave. An employee whose annual leave entitlement is 288 hours may be paid for a maximum of 432 hours of unused annual leave.

(2) In addition to the above payment for 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.

H. Salary Payment while on annual leave

While on approved annual leave, the U.S. Mission will provide the employee with 100 percent of the employee’s basic rate and 100 percent of all allowances that are normally paid each pay period, including the transportation and meal allowances. The lump sum payment for unused annual leave at final separation will be calculated on the same basis, that is, 100 percent of the basic rate and 100 percent of all allowances normally paid each pay period. Payment will be based on rates in effect at the time of separation.

I. Advancement of Annual Leave

An employee 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 Human Resources Officer (USAID EXO for AID FNPSC employees). 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, or any other final payment.

J. Responsibilities of Supervisors and Employees.

Appropriate action will be taken by Supervisors 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 must be approved by the employee’s American Supervisor in writing and reported to the timekeeper. The Supervisor should request that employees make their plans well in advance so that it may be scheduled at a mutually satisfactory time.

VIII. Sick Leave

A. Policy

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. Sick leave may not be used by the employee in connection with the care of a family member or to obtain medical examination or treatment for a family member. Absences such as these are chargeable to annual leave or leave without pay. Every absence due to sickness or injury must be reported immediately to the employee's American Supervisor and to the employee’s timekeeper so that the appropriate charge of sick leave will be made. All absences must be supported by a doctor’s certificate. 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 approved by the employee’s American Supervisor in writing and reported to the timekeeper.

B. Sick Leave at Full Pay

Employees on a 40hour, 5 day workweek schedule are entitled to a maximum of 20 days (160 hours) of sick leave at full pay each leave year. For employees on 45 and 48 hour schedules, the numbers of hours are shown below. Sick leave at full pay will be granted for the first five days of an absence, limited to a maximum of 20 days per leave year. The maximum numbers of hours of sick leave at full pay each leave year are as follows:

C. Sick Leave at TwoThird’s Pay

D. Crediting of Sick Leave

E. Salary Payment While on Sick Leave

An employee on approved sick leave at full pay will receive 100 percent of his/her basic rate and 100 percent of all allowances normally paid each pay period, including the transportation and meal allowances.

An employee on approved sick leave at 2/3 pay will receive 66.66 percent of his/her basic rate and 66.66 percent of allowances normally paid each pay period with the exception of the transportation and meal allowances. No portion of the transportation or meal allowances will be paid.

F. Advancement of Sick Leave

Advancement of sick leave beyond what an employee is entitled to each leave year is not permitted.

G. CarryOver of Sick Leave From One Year to the Next

Any sick leave entitlement not used during the leave year cannot be carried over to the next leave year.

H. Minimum Charge For Sick Leave

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

I. Unused Sick Leave Entitlements Under Local Leave Plan

Upon separation, no lump sum payment will be made to the employee for unused sick leave and it is not creditable for computing CSR or any other type of retirement benefits.

J. Unused Sick Leave Accrued Under Leave System Patterned After the U.S. Annual and Sick Leave Act

Employees who were on board in June 1983 and voluntarily chose to switch from the USG Style Leave Plan to the Local Leave Plan retained their unused sick leave accrued under the USG Style Leave Plan. This sick leave will be maintained as a separate balance and may be used by the employee to supplement the benefits granted under the Local Leave Plan. This sick leave balance may be drawn down by the employee, but may not be increased.

At final separation, any unused sick leave accrued under the USG Style Leave Plan is used in the computation of an immediate CSR annuity to the extent permitted by OPM regulations at the time of each employee's retirement and to the extent that the employee is eligible for an immediate CSR annuity; otherwise, this sick leave is forfeited. An employee who is re-employed after a break in service will be covered by the Local Leave Plan. Any sick leave previously forfeited will not be re-credited, even if the break in service was less than three years.

IX. Maternity Leave

A. Amount of Maternity Leave

Upon properly documented request, a female FSN employee is entitled to maternity leave for 14 weeks. The period during which the leave is taken should fall within a time frame beginning 8 weeks before confinement and ending 6 weeks after confinement. The maximum number of hours of maternity leave are as follows:

B. Salary Payment

While on maternity leave, the U.S. Mission will provide the employee with 75 percent of her basic rate and 100 percent of allowance normally paid each pay period, with the exception of the meal and transportation allowances. No portion of the meal or transportation allowances will be paid while an employee is on maternity leave.

C. Breaks for Nursing

Upon return from maternity leave, the employee will be provided one extra hour in breaks per day for nursing her child. This will be provided until the child is 12 months old.

D. Minimum Charge

Leave for maternity purposes beyond 14 weeks may be granted with the approval of the employee’s supervisor and required the use of annual leave or leave without pay. Sick leave may be requested if absence beyond 14 weeks is medically necessary.

X. Casual Leave A. Definition

Casual leave is paid leave, without charge to annual leave, which may be granted with the approval of the employee’s American supervisor on certain specified occasions.

B. Amount of Casual Leave

Employees may be granted casual leave for the following occasions subject to the following maximum limits:

Occasion Work days of leave granted

For purposes of casual leave, indirect relatives in the second degree are defined as brothers, sisters, grandparents, and grandchildren of the employee or the employee’s spouse.

C. Salary Payment While on Casual Leave

While on approved casual leave, the U.S. Mission will provide the employee with 100 percent of his/her basic rate and 100 percent of all allowances that are normally paid each pay period, including the transportation and meal allowances.

D. Accrual and Carryover of Casual Leave

Casual leave is not accrued each leave year. Rather, it is granted on an as needed basis subject to the limits stated above.

Unused entitlements to casual leave are forfeited and may not be carried over or accumulated from year to year.

E. Minimum Charge

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

F. Advancement of Casual Leave

Advancement of casual leave is not permitted.

G. Proof Required

An employee’s American Supervisor may require appropriate proof to support a request for casual leave. The employee should request casual leave within a reasonable time, e.g., within two days of the birth of a child or death in the family and in advance for a marriage. Requests which do not fall within a reasonable time may be denied.

H. Unused Casual Leave

Upon separation, no lump sum payment will be made for unused casual leave.

XI. Leave Without Pay (LWOP)

During periods of approved leave without pay, no salary (BR) or allowances will be paid. Leave Without Pay for up to three days may be approved in writing by the employee’s American supervisor. LWOP between four and thirty days must be approved in writing by the employee’s American supervisor and the head of the employees’ agency. LWOP which exceeds 30 days requires the approval of the JAO Human Resources Officer. Copies of all requests for LWOP and approvals must be sent to the Human Resources Office. In the case of USAID employees, a copy also should be sent to the Office of the Controller.

Leave Without Pay granted to an employee in excess of 80 hours (90 hours if 45 workweek, 96 hours if 48 hour workweek) must be documented by a notification of Personnel Action. Upon the employee's return to duty status, a notification of Personnel action must be processed to return the employee to pay status.

Local or U.S. holidays which occur within a period of leave without pay will be charged as Leave Without Pay. However, if an employee is in pay status on the work day preceding the holiday or the work day following the holiday, the holiday will not be charged to Leave Without Pay.

When an employee’s absence on LWOP within a year totals the equivalent of the hours in one pay period, no proportionate amount of annual or sick leave will be earned for that period.

XII. Holidays

If a holiday falls within a period of approved annual leave, sick leave, or maternity leave, the employee will not be charged leave on the holiday.

If a holiday falls within a period of approved casual leave, the employee will be charged casual leave for the absence.

XIII. Responsibility for Leave Records

The time and attendance (T&A) Clerks are responsible for the proper reporting of leave and making any required reports on a timely basis to the Human Resources Office and/or the Controller of USAID as instructed. 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 or the USAID Controller, as appropriate, will maintain leave records of individual employees. These records will be considered as the official leave files. As necessary, the Human Resources Office will provide instructions and forms to the T&A Clerks.

XIV. Inquiries

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.

d. Restoration of Annual Leave Policy

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. The procedures to restore annual leave are as follows:

(1) All annual leave must be approved within the first nine months of the leave year.

(2) When canceling previously approved leave, the Supervisor must provide the employee with a written reason for the cancellation and an alternate date when the leave may be taken. Both the employee and the Supervisor should attempt to reschedule the leave within the leave year in which it was credited.

(3) Canceled leave which cannot be rescheduled within the leave year may be approved for restoration by the American Human Resources Officer (USAID EXO for AID FNPSC employees) upon application by the employee. Approved and canceled leave slips as well as the Supervisor’s memorandum of cancellation must be submitted with the request at least 30 days prior to the end of the leave year. Requests submitted late will be returned without action and unused leave which exceeds the carryover limit will be forfeited.

e. Voluntary Leave Transfer Program

Effective June 24, 2007, the Mission implemented the Voluntary Leave Transfer Program in accordance with 97 State 237373 and 96 State 237897.

f. U.S. Military Leave

Effective 02/22/04, U.S. military leave as described in 3 FAM 3440 is authorized for Locally Employed Staff by 04 State 34339. Eligible LE Staff are those working under direct hire appointments, personal services agreements, and personal services contracts that are for one year or more.

SECTION 9: MEDICAL BENEFITS

a. Medical Benefits Provided by the Host Government

There is no host government provided medical care for which LE Staff are eligible.

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

Per 12 State 35861 and as amended per 13 State 80146, effective June 30, 2013, the Mission has a contract with the insurance carrier BUPHE International LTD for a Medical Insurance Plan for participating Locally Employed Staff subject to the following rules:

(1) Eligible Employees Eligible employees are Locally Employed Staff who are (1) working on a full-time or part-time…