Table of Contents

INTRODUCTION ................................................................................................................................. 5
Chapter 1 ................................................................................................................................................ 6
Recruitment and Appointments ..................................................................................................... 6
Chapter 2 .............................................................................................................................................. 11
Job Opportunity Program .............................................................................................................. 11
Chapter 3 .............................................................................................................................................. 13
Position Classification .................................................................................................................... 13
Chapter 4 .............................................................................................................................................. 14
Performance Evaluation................................................................................................................. 14
Chapter 5 .............................................................................................................................................. 17
Compensation ................................................................................................................................. 17
Chapter 6 ............................................................................................................................................. 21
Workweek And Hours Of Duty ................................................................................................... 21
Chapter 7 ............................................................................................................................................. 24
Leave Accruals And Ceilings ........................................................................................................ 24
Chapter 8 ............................................................................................................................................. 34
Incentive Awards Program & Training ....................................................................................... 34
Chapter 9 ............................................................................................................................................. 40
Health Program ............................................................................................................................... 40
Chapter 10 ............................................................................................................................................ 42
Death Benefits.................................................................................................................................. 42
Chapter 11 ............................................................................................................................................ 44
Conduct, Conflict Of Interest And Disciplinary Action ............................................................ 44
Chapter 12 ........................................................................................................................................... 47
Disciplinary Action ......................................................................................................................... 47
Chapter 13 ............................................................................................................................................ 58
Grievance ......................................................................................................................................... 58
Chapter 14 ........................................................................................................................................... 66
Travel and transportation .............................................................................................................. 66

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Chapter 15 ........................................................................................................................................... 67
Separations....................................................................................................................................... 67
Chapter 16 ........................................................................................................................................... 72
Reduction In Force .......................................................................................................................... 72
Chapter 17 ............................................................................................................................................ 78
Employee Association .................................................................................................................... 78
Chapter 18 ........................................................................................................................................... 79
Retirement Plans ............................................................................................................................. 79
Chapter 19 ........................................................................................................................................... 82
Reemployment ................................................................................................................................ 82

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APPENDIXES

Appendix A Annual (Lebaran) Bonus

Appendix B The U.S. Leave Plan
Appendix C Standard Operating Policy on Mission Employment Hiring
Practices
Appendix D Training Policy and Procedures
Appendix E Drug Free Policy
Appendix F Leave Policy
Appendix G Sexual Harassment Policy
Appendix H Compensatory Time Off For Official Travel
Appendix I Separation Notice
Appendix J Federal Employees Compensation Act
Appendix K Computer Use Prohibitions
Appendix L Alternate Work Schedule (AWS)
Appendix M Mandatory EEO Awareness Training and Awards Eligibility
Appendix N Ethics

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 INTRODUCTION

This is an update and expansion of the Locally Employed Staff (LES/FSN)

Handbook last issued in January 2008. This edition includes policies governing Long
Term Sick Leave, Alternate Work Schedule (Appendix L), and Annual (Lebaran)
Bonus (Appendix A). This handbook is specifically for Locally Employed Staff
(LES/FSN) of the Embassy of the United States of America and U.S. ASEAN in
Indonesia. It provides information about our personnel policies and regulations and
is applicable to all Locally Employed Staff and all other Ordinarily Resident (OR)
employees who are employed under a Direct Hire (DH), Personal Services Contract
(PSC) or Personal Services Agreement (PSA) appointment by any of the U.S. agencies
in Indonesia, including the American Consulate General in Surabaya, American
Consulate in Medan and Consular Agency in Bali and paid under the Mission’s Local
Compensation Plan.

As you read through this handbook, you may find that the conditions of
employment and your benefits may differ from those offered by other employers and
the laws of Indonesia. Your employment is governed primarily by U.S. laws and
regulations which may not always be the same as those in Indonesia. However, the
U.S. Government voluntarily tries to comply with local laws, customs and practices if
they do not contravene U.S. laws and regulations. In the event of any discrepancy
between (a) the Local Compensation Plan and FAM/FAH regulations and (b) this LE
Staff Handbook, the Local Compensation Plan and FAM/FAH regulations will
prevail.

From time to time policies and regulations concerning your employment conditions
may change. If this happens, you will be informed of any changes which may affect
your rights and obligations.

If after reading the Handbook you have further questions, your American
supervisor, the STATE Human Resources Officer will be pleased to discuss any
matter with you.

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 Chapter 1

RECRUITMENT AND APPOINTMENTS

A. DEFINITIONS OF EMPLOYEE STATUS

1. Foreign Service National Employee (FSN) or locally employed (LE) staff of a U.S.
Mission outside the United States. FSN employees are normally citizens of the
country of employment.

2. Personal Service Contract (PSC) is entered into by the U.S. Government with an
individual for performance of duties with a certain time limitation (one year with
up to four option years. Incumbents can be reappointed).

3. Personal Services Agreement (PSA) is another form of hiring mechanism used by

STATE and agencies that have signed Memoranda of Agreements (MOAs) with
STATE regarding overseas Personal Services Agreement Authority. The
agreement is for one year with up to nine optional years. Incumbents can be
reappointed.

B. RECRUITMENT POLICY

It is the policy of the U.S. Government and its overseas establishments to hire the
best qualified applicants available, without regard to race, color, religion, national
origin, age, marital status, or gender.

1. The U.S. Mission has established uniform recruitment standards for positions
based on the kinds and levels of expertise required for an effective operation.

2. The Mission fills vacancies, whenever possible, by current Mission employees.

Each vacancy will be advertised as a Vacancy Announcement, in the weekly Cicak,
on the Embassy website for a minimum of two weeks and in identified local
newspaper(s) or jobsearch website if required. Current Mission employees (except
probationary employees) who wish to be considered, must apply in writing sent to
the Human Resources Officer.

C. STANDARDS

1. Citizenship

Under the Rockefeller Amendment, U.S. citizens residing in Indonesia may be

employed in LE Staff positions. Resident Third Country Nationals (TCNs) may

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 also apply. They must have a work permit and will be paid local wages and
benefits.

2. Qualification Requirement

All applications are verified to review that the candidates possess the educational
qualifications, training and experience to successfully perform the duties of the
position. Applicants for positions requiring special skills; i.e. computers,
language, specific trade skills, driving, etc., maybe tested prior to interviews.

3. Employment Of Members Of The Same Family

Employment of multiple members of the same family with the same office/section
will be reviewed under nepotism rule and is prohibited in instances involving
supervisory relationships. “Same family” means persons related by blood or
marriage to including but not limited to spouse, son, daughter, mother, father,
brother, sister, aunt, uncle, niece, nephew, or in laws.

4. Pre Employment Medical Examination

All applicants must pass a pre-employment medical examination subject to

Mission standards prior to being hired on duty. HIV testing is not required for
pre-employment physical examination. However, if there are symptoms or
findings that are indicative of an infectious disease during the pre-employment
medical evaluation, the physician may recommend that the examinee consult with
a specialist and provide a medical report. If a candidate shows symptoms that
require further investigation during a course of the pre-employment physical
examination, the candidate must complete all necessary tests before he/she can be
considered for medical clearance. Any treatment recommended by the examining
physician prior to employment would be at the expense of the examinee.
Candidates with medical conditions and disabilities which, after treatment, could
prevent him/her to perform the duties required by the job, or medical conditions
which could be adversely affected by the job, or diseases which could be
contagious in the work place will not be considered for employment.

Subsequent Medical Examinations

Medical examinations may be required at any time the Mission judges it necessary
to determine whether an employee has a contagious disease or whether an
employee continues to meet the minimum physical requirements of the position.
Subsequent medical examinations may also be required at any time if excessive
sick leave is noted by the supervisor.

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 Periodic Occupational Medical Exams for Drivers.

Employees performing driving duties must submit to periodic medical exams

which will include vision testing, hearing testing, pulse and blood pressure,
urinalysis, and full physical exam.

A chest x-ray is required every 2 years or at any time the supervisor notes a cough
lasting more than 4 weeks. The supervisor may request a focused exam at any
time if a medical problem impairs employee’s work performance. The Human
Resources Office will send employees to a medical center and drivers are required
to complete and have the examining physician complete the Commercial Driver
Fitness Determination Medical Examination Report.

5. Security Investigation

Prior to entrance on duty, a security clearance is required by the Regional Security

Office, based upon established standards. Intentional false statements, deception,
or fraud during the examination or appointment process will disqualify applicants
for employment and are cause for dismissal. Similar to the requirement for
American employees, LE staff employees are also required to revalidate their
security clearance every five years.

D. APPOINTMENT

1. The Human Resources Officer (either STATE or USAID) has full responsibility for
receiving and reviewing applications, processing applicants, making
appointments, and effecting various types of personnel actions and termination.
No commitments may be made to any applicant or employee except by the
Human Resources Officer or his/her Deputy.

2. All appointments, changes in classifications or position title, and separations are

documented by Form SF-50B, Notification of Personnel Action (for Direct Hire
employees) and form JF-62 (for PSC/PSA employees). This personnel action
shows your personal identification, the type of appointment, the date of your
entrance on duty, the position title and class of your job, location of your position,
your annual salary rate in Rupiah and your basic workweek.

Type of Appointments:

Appointments are categorized as follows:

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(a) Indefinite - An appointment with no established time limitation;

(b) Temporary - An appointment limited to one year or less;

E. Your position and Orientation

1. Human Resources offers New Employee Orientation sessions, which are held
every one. The goal of the NEO is to foster an understanding of the U.S. Mission
in Indonesia, help the new employee make a successful adjustment to the new
job, understand his/her tole and how he/she fits into the total organization,
achieve objective and shorten the learning curve, develop a positive working
relationship by building a foundation of knowledge about the U.S. Mission,
objective, policies, organization structure and functions. On the first day on the
job, new employee must attend the NEO.

2. On your first day of employment you will be issued an identification card. It is

issued to you to enable you to enter the Mission premises during duty hours. It
does not automatically give you access to the Mission premises during non-office
hours. Non-duty hours access requires a special permit requested by your
American supervisor and approved by the RSO. Forms may be requested from
the Security Office. Your identification card must be kept in safe custody at all
times and is not to be used to establish credit, obtain loans or to incur any
obligation on behalf of the U.S. Government. As a new employee, you will get
access to the compound through door combinations/ID card reader. Please do
not attach door combinations to the back of your embassy badge. Improper use
of your identification card will subject you to disciplinary action up to and
including separation. Loss of your identification card must be reported
immediately to the security office with the submission of a police report of the
loss. Upon separation or termination of your employment from Mission service,
you must surrender your identification card to your Human Resources Office
before final salary payment can be made.

2. The Human Resources Office will brief you on benefits, office procedures,
performance requirements, hours of duty and other Mission rules and
regulations. A copy of this handbook was given to you before employment with
the expectation that you would have read it so any questions relating to your
employment with the Mission can be discussed with your Human Resources
Office. You must sign that you have read the conditions of employment outlined
in this handbook, that you understand them fully, and that you agree to comply
with them. A periodic orientation session is held for all new FSN employees.

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3. After you have completed all the necessary documents, your supervisor will tell
you about the functions in the office to which you are assigned and its relation to
other offices in the Mission. You will be provided a copy of your position
description and you will be require to sign the original, which will be kept in the
Human Resources Office as part of your file. You will be introduced to the
people with whom you will work and be given a briefing concerning your duties
and expected level of performance. Don’t be afraid to ask questions. Everyone in
the Mission wants to help you do your best.

4. It is suggested that you keep a record of all documents furnished to you as a

result of your employment with the Mission. You are required to report any
changes in residence, name and marital or dependency status immediately within
30 days to the Human Resources Office (STATE). All requests for changes to your
official record must be made by you in writing. The discovery of any deliberate
falsification of your record may be cause for immediate dismissal.

5. All permanent employees are subject to a probationary trial period of one year,
during which time you must demonstrate your ability to perform satisfactorily.
Towards the end of your one year probationary period, an overall performance
evaluation report will be completed. If the report indicates that you do not meet
the work requirements of your position or required standards of conduct, your
employment will be terminated.

Appointments may be terminated at any time during the probationary period

without advance notice. The probationary period applies to the employee’s first
year of service in permanent position with the Embassy. If he/she is subsequently
promoted into another position within the Embassy, there is no additional
probationary period.

New employees hired under fixed term appointmens are not subject to a
probationary period. If he/she is subsequently promoted into another permanent
position within the Embassy, he/she is subject to a probationary period for the
first year of service in permanent position.

New employees hired under Temporary and WAE (When Actually Employed)
appointmens are not subject to a probationary period.

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 Chapter 2

JOB OPPORTUNITY PROGRAM

A. POLICY

It is the U.S. Mission policy that whenever a vacancy occurs, qualified Mission
employees who apply will be considered along with applicants from outside sources.
The Human Resources Office (STATE or USAID) is responsible for administering this
program. Please see also Appendix C (Standard Operating Policy On Mission
Employment Hiring Practices).

B. VACANCY ANNOUNCEMENT

When a vacancy occurs and recruitment is required, the Human Resources Office
(STATE or USAID) will announce the vacancy. The announcement will be published
by way of a Vacancy Announcement, the Embassy weekly news letter and/or
identified local newspapers/job search website and the Embassy website. Employees
who wish to be considered must apply and submit applications timely to the Human
Resources Office (STATE) or the Executive Office (USAID) if applying for a USAID
program position. Applications received after the deadline will not be considered
unless supported by justification and approved by the Embassy Human Resources
Officer or USAID Executive Officer.

C. ELIGIBILITY REQUIREMENTS AND ACCEPTANCE

1. An employee may apply for any position advertised if he/she meets the position
requirements regardless of the grade of the position and of his/her personal grade.
If selected, and the employee's grade is more than one grade lower than the position
grade, s/he must go through a gradual promotion process serving in trainee levels
until the full performance level is reached. If all 3 FAM 7575 criteria have been met
prior to promotion, multi-grade promotion may be processed.

2. Employees who have the same personal grade as the position may be transferred
laterally after applying and completing a successful interview.

3. A qualified employee from any agency is eligible to apply for any vacancy, and
the employing agency is required to release the employee if selected. An employee
who is still on probation is not eligible to apply for vacancies.

4. An employee, having completed the one-year probationary period in the position

for which he/she was initially hired, if selected for an advertised position will not be
subject to a new probationary period.

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5. When selection has been made from within the mission, an entrance-on-duty date
is established by the Human Resources office. The effective date for reporting to the
new position is no sooner than two pay periods after the selection memorandum has
been issued by the hiring office.

6. The supervisor will annually evaluate employee’s work performance in the

position for which s/he was selected during the rating cycle.

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 Chapter 3

POSITION CLASSIFICATION

A. Policy

Positions are classified or graded in a uniform manner to provide a systematic basis

for the determination of salaries and wages and to insure “equal pay for equal
work.” This responsibility rests with the STATE Human Resources Office for all
agencies within the U.S. Mission (except USAID).

B. POSITION DESCRIPTIONS

1. Each agency within the U.S. Mission is authorized to employ a certain number of
Indonesian employees to carry out its objectives in Indonesia. A “position
description” is prepared for every authorized position to describe the duties to be
performed and includes the education, experience and skills required, and location
of the job. The position description is used to establish the appropriate grade.

2. You will be given a copy of your position description so that you will be able to
envision the duties and responsibilities expected of you. You are encouraged to
discuss the duties reflected which you feel are not very clear with your supervisor.
Position descriptions are reviewed on a yearly basis in conjunction with the annual
employee performance evaluation.

3. For all agencies within the U.S. Mission (currently excluding USAID and OSC), the
Bangkok Regional Classification Center (BRCC) determines the title and grade of
the position based on the Mission Classification System (MClass).

4. Please remember: A position is classified at a particular grade level based on

current duties and requirements of the position, not on the employee’s own
personal qualifications. The class to which a job is allocated is not determined by
age, seniority, performance record or sex of the incumbent; it is based exclusively
on an evaluation of the responsibilities, knowledge, intellectual skills,
communication skills, and working environment required for the position.

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 Chapter 4

PERFORMANCE EVALUATION

A. PURPOSE OF THE PERFORMANCE EVALUATION REPORT

Performance evaluation is an integral part of a comprehensive human resources

program. It has benefits both for management and for employees, particularly in
situations where supervisors change frequently. Appropriate involvement by
management, the supervisor and the employee in the performance evaluation
process including the proper use of performance evaluation reports will facilitate the
strengthening of the supervisor-employee relationship. Identification and discussion
of work requirements, development and discussion of work goals and objectives, will
serve as the basis for the employee's end-of-year appraisal. A carefully prepared
evaluation may identify the following: need for training, recognition of outstanding
performance, deficiencies in work performance, and other performance related
needs. Inability to meet and sustain satisfactory performance may lead to further
counseling, including performance improvement plans as well as termination due to
unsatisfactory performance.

Your immediate supervisor, whether LE staff or American direct hire, is responsible

for keeping you informed as to what level of performance he/she expects from you
and for preparing your evaluation reports. If your report is prepared by an
Indonesian supervisor, it must be reviewed by his/her American supervisor.
Performance evaluation Report Forms (JF-50) are available on the Embassy Intranet
site and in the Human Resources Office.

B. TYPES OF PERFORMANCE EVALUATION REPORTS

There are three types of performance evaluation reports:

1. Regular - These are performed annually on an individual rating

cycle.

2. Probationary - These will be completed one month prior to the completion

of the one-year probationary period (see also Chapter 1, E-
5).

3. Interim - These are required for any time periods of more than 120 days
but less than one year. The rater gives reason for an interim
report such as:

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  The rating official changes

 The rated employee departs

 A within-grade step increase has been denied and the

employee is placed in a probationary status to improve
his/her work performance.

C. PROCEDURES AND DEFINITIONS

1. Form JF-50, Employee Performance Report - Foreign Service Nationals and

Ordinarily Resident Employees is used for all locally employed staff. The
original copy will be filed in the employee's official personnel folder and a copy
should be retained by the employee.

2. At the beginning of a rating year, a work and development plan will be

established in writing and agreed upon by the rating officer and the rated
employee. The original copy must be forwarded to the Human Resources Office
for use at the next rating.

3. Rating and Reviewing Officers

The rating officer for the report is the employee's immediate supervisor. The
reviewing officer is the immediate American supervisor of the Rating Officer. If
the rating officer is a U.S citizen, a statement by the Reviewing Officer is not
required unless it is requested by the employee.

4. Summary Ratings

There are four (4) degrees of summary ratings:

a. Exceptional (E) – approximately 2 – 5 % of the workforce.

b. Good (G)
c. * Needs Improvement (N)
d. ** Unsatisfactory (U)

* - A rating of "Needs Improvement" may, in and of itself, defer a within-grade

increase to an employee until performance has been determined to be "good" (see
item B-3 under this chapter).

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 ** - A rating of "Unsatisfactory" will, in and of itself, deny a within-grade step
increase to an employee and may serve as a basis for reassignment or separation.
A rating of “Unsatisfactory” should never be given until after the supervisor has
conducted a counseling session, documented in writing. A Performance
Improvement Plan must be given the employee at least 60 days to improve
performance.

5. Justifications of the different levels of performance ratings listed above are

contained in the “Instruction for Completion of Employee Performance Report
(EPR)” which are always attached to each request for an employee's performance
rating.

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 Chapter 5

COMPENSATION

A. RATES OF PAY

It is the policy of the U.S. Government to provide locally employed staff and
benefits commensurate with those customarily paid by other progressive
employers in Indonesia. Salaries for LES (FSN/PSC/PSA) employees of the U.S.
Mission are therefore determined in accordance with local prevailing
compensation practices, plus all benefits, paid to employees by comparator
companies in Jakarta for occupations and skills similar to those of Mission
employees. Since U.S. Government regulations prohibit the payment of certain
identifiable benefits in kind, (housing, meals, etc.) the rates of pay for U.S. Mission
employees are adjusted to monetize these benefits.

B. METHOD AND FREQUENCY OF SALARY PAYMENTS

The Mission follows the standard U.S Government practice of paying every two
weeks. A pay year of 26 pay periods of ten workdays each does not coincide
exactly with the calendar year.

You will be paid on a bi-weekly basis. Each pay period begins on a Sunday and
ends the second following Saturday. Payday is every other Thursday. On rare
occasions when an American federal holiday falls on a Thursday, payday will be
on Wednesday, the day prior to the holiday. Regular salary, overtime, premium
compensation, and earnings of leave are all computed on a pay period basis. To
allow sufficient time to process your time and attendance reports and the resulting
payroll, your pay for actual time worked is received at the end of the following
pay period. This delay will continue throughout your employment with the U.S
Mission. The Human Resources Office publishes a list of pay periods on an
annual basis.

C. INCOME TAX

The U.S Mission does not withhold money from your salary for payment of
Indonesian income taxes. It is your responsibility to personally meet your
obligations in this respect.

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D. APPOINTMENT

At the time of appointment you will normally receive the first step of the position
class. This may be waived by HRO on a case by case basis.

E. WITHIN GRADE INCREASES/PERIODIC STEP INCREASES

You are eligible to receive a within grade increase (periodic step increase) after 52
full weeks of satisfactory performance until you have reached the maximum step
rate of your grade. Your eligibility date for a step increase in your grade is delayed
by time in a Leave Without Pay (LWOP) status for any period in excess of two
weeks and for all time in Absence Without Leave (AWOL) status for any reason.
This step increase may also be withheld for unsatisfactory performance. It may be
granted subsequently, but not retroactively, upon written recommendation of
your supervisor indicating that your performance has reached a satisfactory level.
Each grade has 12 rates of pay for the purpose of within grade increases.

F. PROMOTIONS

1. It is Mission policy to provide promotional opportunities for you by considering

qualified and deserving employees for higher graded vacancies as they occur.
Vacancies are filled by promotion of employees whenever possible through the
Mission's job opportunity program (see Chapter 2).

2. If you are qualified to perform the duties and responsibilities of a position

classified higher than your personal grade, you may be considered for promotion
when:

a. You are assigned to a position in a higher class or

b. The position occupied by you is reclassified by competent authority to a

higher grade level.

Promotions are normally recommended by your supervisor with complete

justification. Subject to the availability of funds, an employee's recommendation
for promotion may be approved after having served one year in her/his present
grade.

The required minimum waiting period an FSN employee must serve in grade
before becoming eligible for promotion to a higher grade is as follows:
(1) FSN-5 through FSN-13—A minimum of 52 consecutive weeks in grade for all
promotions to the FSN-5 level through the FSN-13 level; and

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 (2) FSN-1 through FSN-4—A minimum of 26 consecutive weeks in grade for all
promotions to the FSN-2 level through the FSN-4 level provided the employee has
completed the established probationary period.

When you are promoted to a higher grade, you receive the salary of the new grade
which exceeds your existing rate of pay by two step-increases of the grade from
which promoted.

G. Reclassification of Position

If your position is reclassified to a lower class level due to a classification audit or

an involuntary transfer to a position in a lower class due to a reorganization or
reduction-in-force, you will not suffer a decrease in pay at the time of demotion.
You will be placed in grade retention for two years. During this period you will be
eligible for Whithin Grade Increase (WGI). After grade retention you will be
placed in saved rate.

H. PREMIUM COMPENSATION

1. OVERTIME PAY
All overtime must be approved in advance in writing and certified for funds
availability by the Financial Management Center (FMC) or competent authority
within an agency. Overtime may not be paid for hours worked if compensatory
time off is granted.

Overtime is work performed in excess of your established basic workweek or

regular work hour. Depending upon availability of funds, payment for overtime
is made in accordance with the following Premium Compensation Rates:

Authorized for grades FSN-1 through FSN-8:

• Regular Work Day:

One and one-half times the regular hourly rate for first hour; two times the regular
hourly rate for the second and each additional hour computed on salary rate.

• Non-Scheduled Work Day (Rest day, Sunday and Local Holidays)

- Two times hourly rate for first eight hours.

- Three times hourly rate for ninth hour and four times hourly rate tenth hour
worked and beyond.

Authorized for grades FSN-9 through FSN-12:

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 Employees at these grades who are required to perform overtime work on a
regular workday or a non-scheduled workday, will receive straight time per hour
worked.

• American Holiday (For all Grades):

If not also a local holiday, straight time per hour in addition to basic pay.

• Night Pay Differential (For all Grades):

Eleven percent per hour computed on base pay for regularly scheduled work
between 6:00 pm and 6.00 am.

2. COMPENSATORY TIME

Compensatory time off may be granted in lieu of overtime at the rate of one hour
off for each hour worked in excess of your basic workweek. Compensatory time
off must be taken within 26 pay periods after the end of the pay
period in which it is accrued. or forfeited, therefore, it should be brought to your
supervisor's attention for scheduling. 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.

3. COMPENSATORY TIME FOR OFFICIAL TRAVEL

Compensatory time off for official travel is earned by an employee for time spent
in a travel status away from the employee’s official duty station when such time is
not otherwise compensable hours of duty. Please see Appendix H for detail.

4. ANNUAL (LEBARAN) BONUS

An Annual (Lebaran) bonus is payable to all LE staff two pay periods prior to the
Lebaran holiday. (See APPENDIX A for more detailed information).

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 Chapter 6

WORKWEEK AND HOURS OF DUTY

A. BASIC WORKWEEK

1. The Mission has established two basic workweeks for all LE (FSN/ PSC/PSA)
employees. A part-time schedule between 16 – 32 hours per week may be
established. Your personnel action clearly indicates your basic 40, or 48 hours
workweek or less if you are a part-time employee.

2. The basic workweeks established by the Mission are as follows:

a. 40 hours basic workweek spread over five consecutive days of 8 hours within
a one week period.

b. 48 hours basic workweek spread over five/six consecutive days for those in
FSN 1 to 4, depending upon occupation (drivers/guards).

B. HOURS OF DUTY

1. U.S. Mission’s normal work schedule is 7:30 am – 4:00 pm hours, Monday to

Friday, for a 40 hour workweek except for Bali. Bali’s normal work schedule is
8:00 am – 4:40 pm hours. Mission Core Hours are when all staff working on any
particular day MUST be at work. Mission core hours is between the time of 0900
– 1400 hours. Unless otherwise authorized, employees are expected to work a
regular schedule.

2. Employees scheduled for a 48 hour basic workweek will usually work an

irregular schedule to be determined by their supervisor.

C. LUNCH BREAK

All employees are authorized a 30-minute lunch period. The timing is arranged
within each office.

D. ATTENDANCE AND PUNCTUALITY

Regular attendance is extremely important. When an occasion arises which

necessitates your unscheduled absence, you should telephone or otherwise notify
your supervisor as soon after opening hours as possible. Continued tardiness may
be charged to annual leave or may be cause for disciplinary action.

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E. ALTERNATE WORK SCHEDULE (AWS)
(See APPENDIX L for more detailed information).

Within rules established by the agency, AWS can enable employees to have work
schedules that help the employee balance work and family responsibilities while
either enhancing or maintaining the organization’s operational effectiveness and
efficiency. Mission employees who work a 48-hour workweek or are under a
probationary period are not eligible to participate in the AWS program.

An Alternative Work Schedule (AWS) is a work schedule that is anything outside

of the traditional fixed work schedule of 8 hours per day and 40 hours per week.
Approval for participation in the program will be the decision of the employee’s
supervisor. Not every employee will be eligible or approved for an AWS. There
are two categories of AWS, which are Flexible and Compressed Work Schedules.
A subset of Flexible Work Schedules is telework, as indicated below.

 Flexible Work Schedule (FWS)

o Core Telework
o Situational Telework
 Compressed Work Schedule (CWS)

Mission Core Hours and Access Hours

Post Core Hours Access Hours

Embassy Jakarta 0900 – 1400 hours 0530 – 1900 hours
CG Surabaya 0900 – 1400 hours 0730 – 1600 hours
Medan 0900 – 1400 hours 0700 – 1800 hours
Bali 0900 – 1400 hours

F. RELIGIOUS PRACTICE/PRAYER

Federal law requires an agency to accommodate employees’ practice of their

respective religions unless such accommodation would impose an undue
hardship on the conduct of the agency’s operations. Section supervisors may
adjust upon request, employee’s work schedules to accommodate an employee’s
religious observance if an adequate substitute is available, or if the employee’s
absence would not otherwise impose an undue burden on the section’s
operations. Employees engaging in religious practice/prayer during the
workday are reminded that all absences from duty beyond brief and incidental
ones (i.e. on-site prayer), require accounting, either via annual leave or an
extended work day/week.

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G. EMPLOYEE PARKING

Employee parking at the Embassy is very limited. The Employee parking

program is administered by the General Service Office (GSO) on a first-come,
first-served basis. All employees must understand and comply with the
Embassy’s established rules, or risk having their parking privileges revoked.
Parking permits must be clearly visible in each vehicle’s windshield. Drivers or
passengers shall display their Embassy ID card to the guards when entering the
gate. Lost or stolen car park permit must immediately be reported to the ARSO
attached with a lost/stolen report from the local authorities. Vehicles
(cars/motorbikes) shall not block entrances and exits and must be parked in the
designated lots only. Please be courteous and careful when moving vehicles. The
speed limit in the parking lot is 20 km/h.

H. EMBASSY DRESS CODE

As the Embassy represents the United States government to the public, it is

important that our employees project competence, professionalism, and awareness of
the norms. Employees should also be professional, in a way that conveys respects for
colleagues, customers, and the work environment, and not pose a safety or health
hazard or distraction from work. Individual positions may require more specific
business attire to support mission requirements. Some employees, depending on the
nature of their jobs, may be required to meet special dress standards, such as wearing
uniforms, protective clothing or gear. Employees who do not have special dress
requirements should use common sense in determining what is appropriate for their
particular situation at work. Employees should follow basic requirements for safety
and comfort and be neat and businesslike in appearance. Dress should be suitable to
the work setting (for example, very casual wear, such as flip-flops, halter tops and
spaghetti straps, and bare midriffs, is not acceptable). Supervisors and managers
also have the responsibility to counsel employees whose hygiene, grooming or dress
is inappropriate or results in disruption in the workplace. The Embassy welcomes
the diversity of its workforce, and seeks to maintain freedom for personal expression
without sacrificing the professional image essential to the performance of its mission.
Questions regarding this guidance should be referred to the Human Resources
Office.

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 Chapter 7

LEAVE ACCRUALS AND CEILINGS

The U.S. Mission has two leave plans. One is patterned after the provisions of the
U.S Annual and Sick Leave Act of 1951; one is adopted from the locally prevailing
leave benefits provided by our comparator companies to their Indonesian employees.

The local leave plan, effective January 7, 1995 applies to all locally engaged staff
hired on or after January 7, 1995. The minimum charge for any leave is 1/4 hour or
15 minutes. Leave accrual rates are based on length of creditable service and basic
workweek. Those joining the Embassy prior to January 7, 1995 and chose to stay
under the U.S. Leave Plan are referred to APPENDIX B. Leave is a privilege not a
right and must not be abused.

LOCAL LEAVE PLAN

CREDITABLE SERVICE
(Amended August 1, 1998 & June 6, 1999)

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

A. Creditable service includes verifiable, continuous USG service under a direct-

hire appointment or personal services contract, that is, service without a break of
more than three calendar days.

B. Continuous service includes transfers, without a break of more than three

calendar days, from a direct-hire appointment to a personal services contract,
and vice versa.

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 the following criteria are met and documented: (1) in the case
of non-personal services with an in-house entity, 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.

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D. Creditable 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.F.

E. Creditable service does not include any personal services contract time with the
Foreign Agricultural Services which preceded USDA/FAS Direct Hire employment.
This is required by Public Law 100-202, August 1, 1998.

F. 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.

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

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

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 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 and sick leave) will be accrued during pay period #27 at the rate it was
accrued during pay period #26. No change will be made to the limits of other types
of leave (maternity and special) that are granted on an occasional basis.

SALARY PAYMENTS

Salary paid by the U.S. Mission to an employee while on paid annual, sick,
maternity, and special leave, as well as any lump-sum payments for unused annual
leave, will be calculated on the basis of the employee's adjusted basic rate (ABR) plus
any other allowances or payments that are regularly paid each pay period, to the
extent provided below (this means ABR plus Transportation Allowance). Salary
payment made while on approved leave will not include any premium pay or
irregular payments such as a bonus.

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ANNUAL LEAVE

A. ANNUAL LEAVE ACCRUAL

Employees on a 40/48-hour workweek schedule will be entitled to annual leave as
follows:

Completed years of Leave Earned Per Leave Year

Creditable Service 40-hr workweek 48-hr workweek

Less than 5 years 120 144

5 years, but less than 10 136 163
10 years, but less than 20 160 192
20 years or more 168 202

B. CREDITING OF ANNUAL LEAVE

Annual Leave will be credited to the employee's annual leave account on a prorated
basis each pay period as follows:

Hours earned Hours earned each of Hours earned in pay period

annually first 25 pay period number 26
40-hr 48 hr 40-hr ww 48-hr ww 40-hr ww 48-hr ww

120 144 4.50 5.50 7.50 6.50

136 163 5.00 6.25 11.00 6.75
160 192 6.00 7.25 10.00 10.75
168 202 6.25 7.50 11.75 14.50

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 year's annual leave entitlement. Any unused annual leave at the end of the leave
year in excess of the maximum limit is forfeited.
Example: An employee earns 136 hours of leave per leave year. The maximum
amount that can be carried over is 136 hours.

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. Restoration of

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canceled annual leave must be approved in writing by the employee's supervisor,
and reported to the timekeeper and Human Resources Office (STATE/USAID). 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. (03 STATE 121436)

E. MINIMUM CHARGE FOR ANNUAL LEAVE

Annual Leave will be accrued and charged in minimum increments of one quarter
hour (or 15 minutes).

F. ANNUAL LEAVE ACCRUED UNDER SYSTEM PATTERNED AFTER U.S. ANNUAL AND
SICK LEAVE ACT
Annual Leave balances accrued under the leave system patterned after the U.S.
Annual and Sick Leave Act, not to exceed 240/288 hours will remain to the
employee's credit after the date of enrollment in the local leave system. This Annual
Leave will be maintained in a separate balance and may be used by the employee to
supplement annual leave accrued under the Local Leave Plan. This 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 under Lump-sum Payment - section 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, computed on the basis of the employee's pay rate at the time of
separation as specified under Salary Payments above.
(2) Payments will be for the total of:
(a) the number of unused Annual Leave hours accrued under the USG Style Leave
Plan, NTE 240 hours (40-hour workweek) or 288 hours (48-hour workweek),
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, AND
(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 two times the employee's annual
leave accrual as set forth under Annual Leave section A above.

For Example: The employee earns 17 workdays (136 hours) of annual leave per year.
The maximum limit for a lump-sum payment for unused leave would be 272 hours.

3. In addition to payment for the above three types of unused annual leave,
payment will be made for any unused annual leave that was restored to the

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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. 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 Human Resources Officer. 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.

I. SUFFICIENT CONTINUOUS LEAVE FOR VACATION PURPOSES

Responsibilities of supervisors and employees: Appropriate action will be taken by
supervisor to ensure that each employee is permitted to take a regular vacation each
year. 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. Because of the benefits resulting both to the
employee and the service, leave must be approved by the employee's American
Supervisor in writing and reported to the timekeeper.

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. Absence of three or more consecutive work days
must be supported by a physician's certificate, and a physician's certificate may be
required for an absence of two consecutive work days 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 approved by the employee's American
Supervisor in writing and reported to the timekeeper.

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There are two categories of sick leave presented below, short term and long-term.
Short-term sick leave is used for medical examinations and short duration illnesses
while the long-term sick leave is available for illnesses that exceed available short-
term sick leave balances.

B. AMOUNT OF SICK LEAVE

(1) Short-term sick leave - employees on a 40-hour/48-hour workweek schedule

will earn 10 work days (80 hours/88 hours) of short-term sick leave each year. Salary
payments while on short-term sick leave will be based on 100 percent of the
employee's salary as defined under Salary Payments above.

(2) Long-term sick leave - If an extended absence is necessary due to a serious

illness, injury, or hospitalization, additional long-term sick leave may be granted.
Each request for long-term sick leave must be accompanied by a doctor's certificate.
The patient's diagnosis must be documented and addressed to one of our Local
Medical Doctors for review and clearance. It is then reported to the employee's
American Supervisor and Management/Executive Officer but must have final
approval of the Head of the employee's Agency. This document will be made part of
the employee's personnel file. Employees will need to submit a certificate of
continued illness every 4 months. The amount of long-term sick leave available per
leave year and the amount of salary payments while on long-term sick leave are
presented below

Amount of long-term sick leave Percentage of salary paid available per year

Amount of long-term sick leave Percentage of salary paid

available per year

First four months (694 hours) 100 percent

Second three months (693 hours) 75 percent
Third three months (693 hours) 50 percent
Any subsequent sick leave 25 percent

Note: Available per leave year is 2080 hours and requires the use of all
available short-term sick leave before charging additional sick leave to long-term sick
leave.

After one year's absence on sick leave, the management of the employing agency
may consider a disability retirement for medical reasons.

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C. CREDITING OF SICK LEAVE
(1) Short-term sick leave is credited on a prorated basis each pay period beginning
with the employee's entrance on duty as follows:

Workweek Hours earned Hours earned Hours annually

each of first in pay period earned
25 pay periods number 26
40-hour 3.00 5.00 80
48-hour 3.50 8.50 96

(2) Long-term sick leave is not credited but is granted on an as needed basis subject
to the conditions and limitations stated in section B (2) above.

D. Carry Over Of Sick Leave From One Year To The Next

(1) Employees may accumulate and carry over a maximum of one year's entitlement
to short-term sick leave. Any unused short-term sick leave at the end of the leave
year in excess of 80/96 hours is forfeited.

(2) There is no carry over of unused entitlements to long-term sick leave.

E. ADVANCEMENT OF SICK LEAVE

An employee with a minimum of one year of creditable service may be advanced
sick leave up to the amount the employee will earn in the remainder of the leave
year. Advancement of sick leave requires the written approval of the employee's
American supervisor and the Human Resources Officer (STATE/USAID). Any
indebtedness for sick 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.

F. MINIMUM CHARGE FOR SICK LEAVE

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

G. UNUSED SICK LEAVE ACCRUED UNDER LOCAL LEAVE PLAN

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

H. UNUSED SICK LEAVE ACCRUED UNDER LEAVE SYSTEM PATTERNED AFTER

The U.S. Annual And Sick Leave Act

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Unused sick leave accrued prior to enrollment under the Local Leave Plan may not
be used to supplement the Local Leave Plan. The employee's balance is frozen in a
separate balance. This frozen balance of sick leave may not be used or added to in
the future. At the time of final separation, this frozen sick leave may be used in the
computation of service credits for an immediate CSR annuity to the extent permitted
by OPM regulations at the time of each employee's retirement; otherwise, the frozen
sick leave is forfeited.

MATERNITY LEAVE
(Amended January 31, 2001)

A. POLICY
Maternity leave will be granted to all female FSN/PSC/PSA employees covered
under this plan, provided they have completed one year of service. The granting of
maternity leave is limited to the first 3 children only. If, for example, one child was
born before the effective date of this provision, employee will only be granted
maternity leave for the next two deliveries, excluding pregnancies which result in
stillbirth. In lieu of sick leave, maternity leave may also be used to cover absences
due to anomalies, which arise during pregnancies or miscarriage. Upon submission
of a properly documented request, a female employee will be entitled to a period of
60 work days (480 hours) of paid maternity leave. While on paid maternity leave the
employee will receive 100 percent of her salary as defined in section VI.

B. MATERNITY LEAVE BEYOND 60 WORKDAYS (480 HOURS)

Maternity leave beyond 60 workdays (480 hours), if medically necessary and
recommended by the treating physician, may be granted with the approval of the
employee's supervisor. However, the additional use of such leave, may be a
combination of Sick Leave, Annual Leave and or LWOP.

C. MINIMUM CHARGE FOR MATERNITY LEAVE

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

SPECIAL LEAVE

A. DEFINITION
Special 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 SPECIAL LEAVE (REVISED APRIL 2, 2001)

Employees may be granted a maximum three work days (24 hours) of special leave
in a leave year for the following three categories:

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 CATEGORY MAXIMUM HOURS

A 24.00
B 16.00
C 8.00

Maximum limit per leave year 24.00

Category A includes marriage of employee.

Category B includes marriage of child, death of immediate family members* and
menstruation.
Category C includes circumcision, baptism and paternity leave. Employees only
need to state what category they are requesting for special leave (the reason does not
have to be indicated on leave request application).

* Immediate family members include the employee's spouse, children,

parents, and parents-in-law.

While on paid special leave, the employee will receive 100 percent of salary payment
as defined in section VI.

C. ACCRUAL AND CARRY OVER OF SPECIAL LEAVE

Special Leave is not accrued each leave year. It is granted on an as needed basis
subject to the limit stated above. If during the leave year an employee has used the
annual maximum of special leave, any additional absences during the remainder of
the leave year will be charged to annual leave or leave without pay.

D. MINIMUM CHARGE FOR SPECIAL LEAVE

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

E. ADVANCEMENT OF SPECIAL LEAVE

Advancement of Special Leave is not permitted.

F. UNUSED SPECIAL LEAVE

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

Note: An employee's supervisor may require appropriate proof to support a

request for special leave.

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LEAVE WITHOUT PAY

Leave Without Pay (LWOP) for up to 20 consecutive days may be granted for
justified reasons as considered appropriate by the employee's supervisor and the
Human Resources Officer (STATE/USAID). Extended Leave Without Pay, in excess
of 20 consecutive work days, may be granted for a specified reason as defined in 3
FAM 3510. Leave Without Pay granted to an employee in excess of 80 hours 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 LWOP. 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.

HOLIDAY

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

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 FSC and the Human Resources Office. The
T&A Clerk will maintain a copy of the T&A Leave Report. The supervisor is
responsible for the accuracy of the leave reported on the T&A submissions to FSC
which he/she approves. The Human Resources Office will only maintain leave
records on leave authorized in special cases such as long-term sick leave and
maternity leave. As necessary, the Human Resources Office will provide instructions
and forms to the T&A Clerks.

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 Chapter 8

INCENTIVE AWARDS PROGRAM & TRAINING

Unified interagency Mission Awards Program (IMAP) recognizes interagency

excellence and helps to uphold morale and motivate all Mission employees to
continue to perform their duties at optimum levels. A regular, equitable system of
performance recognition encourages overall good workplace morale and
accomplishment of Mission Goals. The purpose of this interagency awards policy is
to expand and enhance opportunities for incentive awards and recognition of all US
Government LE Staff employees under the authority of the Chief of Mission.

LE Staff must not be under probationary period to be eligible for the awards
program. Exceptions will be considered for the Customer Service Award.
Post Awards Policy is that no employee may receive more than one individual and
one group award in a fiscal year. The only exception is if said employee was also
nominated for a Team (Group) Award for a distinctly different contribution to the
work plan or program.

Administration of the Incentive awards program

A. Joint Country Awards Committee.

The U.S. Mission has a Joint Country Awards Committee (JCAC) which consists
of representatives from mission agencies. The purpose of the program is to:

- Encourage employees to participate in improving the efficiency and economy

of U.S. Government operations.

- Recognize and reward employees individually or in groups, for their

outstanding performance and superior accomplishments.

- Recognize and reward employees individually or in groups, for special acts or

services in connection with their official employment.

The JCAC is responsible for reviewing and making recommendations on awards.

Superior Honor Awards or higher and cash awards in excess of $ 2,000 must be
submitted to Washington for final action. The Chief of Mission approves
Meritorious Honor Awards and Cash awards of $ 2,000 or less.

B. All nominations for awards, except the Extra Mile, Safe Driving, Meritorious
Step Increases and On the Spot Cash Award for USAID employees, are submitted

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 on Form JF-66, Nomination for Incentive Awards.

C. There are various incentive and recognition awards available to you as an

employee. The most common awards approved at post by the Joint Country
Awards Committee are:

1. Superior Honor Award

This award is presented to groups or individuals in recognition of a special act

or service or sustained extraordinary performance such as accomplishments,
which substantially contributed to the advancement of U.S. government
interests or contributions which had a substantial impact on the
accomplishment of the agency’s missions, goals or objectives, covering a period
of one year or longer. Post approved nominations will be forwarded to the
appropriate area awards committee in Washington for final action. This award
is applicable only for STATE and USAID employees.

2. Honor Award

Meritorious Honor Awards may be granted for accomplishments that involve

overcoming unusual difficulties or for the courageous handling of an
emergency situation connected with your employment. Such awards must be
approved by the Joint Country Awards Committee. This award is in the form
of a certificate with or without cash.

3. Eagle Award

This award recognizes the achievements of individuals in a variety of areas

such as superior performance, customer service, innovation, teamwork, crisis
management, and negotiation importance to the Department. This award
consists of a certificate signed by the Ambassador and cash ranging from $ 200-
$ 750.

4. Meritorious Step Increases

A Meritorious Step Increase may be granted for sustained superior

performance over a given period of time and when this performance is
anticipated to continue. This increase is equivalent to one within-class step rate
and does not alter the date of your next regular within-class increase. The
format for the nomination may be obtained from your Administrative or
Human Resources Office.

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 5. Driver Awards

This award is given to full-time chauffeurs and guards patrol (FSN/PSC/PSA)

for recognition of safe (accident free driving). Employees who have driven one
or more years and the following criteria are eligible for consideration:
(1) has not had a preventable collision, as defined by the National Safety
Council’s Guide to Determine Motor Vehicle Accident Preventability, for
the award period. The following types of collisions shall always be
considered preventable:
a. All backing collisions where the driver backed into a vehicle or other
object;
b. All collisions with stationary objects (not including moving security
barrier collisions when the official vehicle is stationary);
c. All collisions from loss of official vehicle control due to weather or
excessive speed for conditions;
d. All collisions where the official vehicle struck the back of another
vehicle;
e. All collisions while an official vehicle is passing another vehicle; and
f. All collisions resulting from driver distractions.

For evaluating the preventability of other collisions, the National Safety

Council guide is available on the Department’s Overseas Motor Vehicle
Safety SharePoint site:
(http://obo.m.state.sbu/ops/shem/Documents/916041.pdf)

(2) Evidence of reckless driving and related safety complaints can be used to
disqualify a driver. Such evidence includes written warnings given to
drivers for violation of seat belt, cell phone, eating and smoking policies, as
well as written passenger reports of excessive speed, distracted or
aggressive driving. When such evidence results in suspension, the driver is
disqualified.
(3) Failure to report an official vehicle collision or filing a false report will
disqualify a driver.
(4) The suspension or revocation of an operator's permit resulting from a
conviction for a traffic violation involving an official or personal vehicle in
the absence of extenuating circumstances will disqualify a driver.

Exception: The driver of any vehicle who is involved in a collision or

sustains damage while taking evasive or direct measures to protect the
lives of personnel under attack or in jeopardy will not be charged with a
preventable collision when evaluating the Safe Driving Award criteria.

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 The Safe Driving Award is an annual award based upon consecutive years of
safe driving and thus, any year in which a driver fails to qualify causes the
driver to lose eligibility and necessitates starting a new series of consecutive
years of safe driving. The determination as to whether an accident was
preventable or not is made by the GSO Transportation Officer. Any disputes in
this matter will be submitted to a committee designated by the
management/administrative office of your agency. Cash awards are given
along with a safe driving certificate and pin to those employees who have
completed a full year of driving from June 1, through May 31. These cash
awards are computed as follows:

1st year of eligibility 1 % of annual salary

2nd consecutive years of eligibility 11/2 % of annual salary
3rd consecutive years of eligibility 2 % of annual salary
4th consecutive years of eligibility 21/2 % of annual salary
5th and more consecutive years of eligibility 3 % of annual salary

A driver continues to receive the maximum monetary award each year after 5
consecutive years so long as that employee continues to meet all eligibility
requirements and is recommended for the award each year.

6. Length of Service Certificate

Length of Service Awards are presented after you successfully complete 10,
20, 25, 30, 35, 40 or 50 years of satisfactory service with the United States
Government. This service may be with one agency or a combination of U.S.
Government agencies. It consists of a certificate signed by the Ambassador.

7. Suggestion Awards

As you become acquainted with your work, you may be able to suggest
improvements in methods, procedures, processes or materials or to provide
ideas of a mechanical, technical, organizational or procedural nature which
may result in increased efficiency or economy to any or all U.S Government
agencies. If you have a suggestion, discuss it with your supervisor and submit
it on Form DS-1075 through your supervisor to the Human Resources Office,
for consideration and approval by the Joint Country Awards Committee.

There are other performance-based awards that provide on the spot recognition for
one-time, short-term efforts of special merit (Customer Service Award and On-The-
Spot). The Customer Service Award carries a cash payment ranging from USD 50.00,

37 | P a g e
to USD 200.00 or in USD 25.00 increments (i.e. USD 75.00, USD 125.00 or USD 175.00)
depending upon the extent of the benefit. Such nomination does not have to go to
the committee. Staff announcements regarding the post incentive awards program
are published from time to time and are available in the STATE Human Resources
Office, which coordinates this program for all agencies of the Mission.

Training Program

1. Mission Training Program Objectives

A well planned, comprehensive, and effective training program is the foundation

of each section's ability to perform its duties. Such a program must carefully
consider and balance staff training needs, funding availability, the availability of
training opportunities, and equity in the distribution of training. Courses taken
must develop the relevant and essential skills required for the performance of
tasks that contribute to achieving Mission goals. Mission Indonesia's training
program aims to provide:
 Technical, procedural, and operational skills needed to achieve, maintain, and
enhance successful performance.
 Leadership, management, and EEO knowledge for all supervisors.
 Occupational health and safety comprehension for all personnel.
 Personal and professional development for all employees.

2. Types of Training

Training may be approved in one or a combination of the following:

a. On the job training

b. Cross-Training
c. On-Line and Correspondence Training
d. Local Training: Intra-Mission
e. Local Training: Extra-Mission
f. Other Extra-Mission Training

Once the full performance level for a position has been reached, employees should,
to the extent permitted by work requirements and training budget constraints,
pursue training having present or future direct benefit to the Mission and the
employee. Supervisors are responsible for identifying the skills, and thus training,
essential in performing their mission, prioritizing training requirements, consulting
and advising their employees on training issues, and nominating individuals for
appropriate classes. Section Chiefs are responsible for monitoring their organization's
requirements, preparing prioritized inputs for the Mission Training Plan, and
facilitating employee participation in appropriate training.

38 | P a g e
 Please consult the Human Resources Office if you have questions. Please also refer
to Management Instructions on Training Policy and Procedures issued periodically.
(See Appendix D – Training Policy and Procedures).

39 | P a g e
 Chapter 9

HEALTH PROGRAM

A. HOSPITALIZATION

1. The U.S. Government agencies have adopted a hospitalization plan for all active
direct hire, PSC/PSA employees. This plan covers the employee, their first legal
spouse, and children (limited to three) from 0 to 18 years of age. The children's age
limit may be extended to 23, provided the child is still studying. A school certificate
to this effect must be produced.

2. A Health Plan for all locally employed staff provides insurance coverage for
hospitalization, outpatient and optical care as well as dental and maternity benefits.
You are requested to carefully read the Health Insurance Booklet for information
regarding your rights as well as your responsibilities in the use of the insurer’s
network hospitals, indebtedness and repayment agreement to the U.S. Government.

3. Inquiries concerning the Medical Assistance Plan should be directed to the

Embassy Human Resources Office. The Human Resources Office distributes a
booklet on the first day of your appointment. It is important that you be familiar
with the contents of the medical handbook so that you will be able to stay within
your limitations or prevent unauthorized expenses. Please note that Mission cannot
cover health care expense beyond those provided by the health insurance provider.

B. IMMUNIZATIONS

The Embassy Medical Branch is authorized to give immunizations to employees as

follows:

1. For official travel within Indonesia and/or outside Indonesia as may be

required.

2. In the event of an epidemic disease, such as typhoid, polio, flu or cholera.

C. COMPENSATION FOR JOB-RELATED INJURY OR DEATH

1. FECA (Federal Employees’ Compensation Act) covers all Direct Hire/PSC/PSA

LE staff during the time the employee is at work. This definition does not include
travel to and from the work site.

2. To report an “on-the-job” injury the employee, or someone acting on his/her

40 | P a g e
 behalf, must report the accident to the immediate supervisor and complete Form
CA-1. (Federal Employee’s Notice of Traumatic Injury and Claim for
Continuation of Pay/Compensation) within 48 hours of the injury and submit it
to the Human Resources Office for processing (See Appendix J - FECA). This is
the basis for adjudicating any work-related medical or compensation claim,
which may be presented at a later date. The Human Resources Office will
forward this form to the Office of Workers’ Compensation Programs (OWCP),
U.S. Department of Labor, in Washington, D.C. In the event that this injury
develops into a prolonged treatment/future disability/permanent disability,
other forms must be completed and are available in the Human Resources Office.

These actions are taken in conjunction with benefits available under the Local
Medical Plan, Local Leave Plan and Local Retirement Plan. In all cases of injury
contact the Human Resources Office first for proper procedures. (3 FAH-1 H-3630).

41 | P a g e
 Chapter 10

DEATH BENEFITS

A. DESIGNATION OF BENEFICIARY

Each employee must have a designation of beneficiary on file (Form SF-1152). This
document was part of your hiring process as a new employee. In the event of your
death, all benefits due you shall be paid to your designated beneficiary(ies).

If there is no designated beneficiary living, any unpaid compensation which becomes

payable after the death of an employee will be payable in the following order:

1. Widow or widower - if living

2. Children or children and descendants of deceased children distributed in

equal shares - if living

3. Parents in equal shares or the entire amount to the surviving parent

4. If none of the above - Legal representative of your estate.

The Human Resources Office will advise and help the survivor of the deceased
complete all necessary documents.

B. DEATH GRATUITY

1. In case of death while in service, the following benefits are paid to survivors in the
order listed above:
a. Payment for all accrued annual leave to the employee’s credit at the time of
death

b. Any portion of unpaid salary

c. Prorated bonus

d. Burial expenses as authorized under the Local Compensation Plan.

Survivors of any LE employee who died or dies as a result of injuries sustained in the
performance of duty outside the United States are eligible for payment of a death
gratuity under conditions in 3 FAM 3650. The death gratuity payment made under
this section shall be in addition to any other benefit payable from any source.

42 | P a g e
2. If the deceased employee is a participant in the Civil Service Retirement and
Disability System, the surviving spouse and children may be eligible for a
survivor’s pension. Please see your Human Resources Office for more
information.

3. If the deceased employee is under the Local Retirement Plan, the surviving spouse
and children will be eligible to receive the employee’s portion of lump-sum
payment from the Insurance Company.

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 Chapter 11

CONDUCT, CONFLICT OF INTEREST AND DISCIPLINARY ACTION

GENERAL POLICY:

The United States Government requires from its employees a high standard of
personal integrity, moral character and dependability. All employees are expected to
conduct themselves in a manner which will reflect favorably upon the United States
Government. This applies to both on and off duty conduct.

The rules listed below summarize the regulations governing the conduct of Locally
Employed Staff (LES) of the U.S. Government. All LE employees of the Mission must
observe these rules. Failure to do so may result in severe disciplinary action,
including immediate separation for cause. See appendix M – Ethic.

A. OUTSIDE EMPLOYMENT

An employee shall not accept other employment, full time or part time, without
written approval from the STATE Human Resources Officer or USAID Executive
Officer. A request to obtain outside employment must be in writing. Under no
circumstances shall an employee be authorized to work for another government
except in the performance of the employee duties for the U.S. Government.

B. MISUSE OF INFORMATION

For the purpose of furthering a private interest, an employee shall not, directly or
indirectly, use or allow the use of official information obtained through or in
connection with his/her government employment which has not been made
available to the general public.

C. REQUESTING OR ACCEPTING GIFTS OR FAVORS

An employee shall not seek, accept or agree to accept directly or indirectly, any gift,
favor, service or title from any person or organization with whom she/he deals on
behalf of the U.S. Government for services rendered in his/her official capacity.

D. USE OF GOVERNMENT PROPERTY

An employee shall not directly or indirectly use, or allow the use of Government
property of any kind. Any employee has a positive duty to protect and conserve

44 | P a g e
government property including equipment, supplies and other property entrusted or
issued to him/her.

E. INDEBTEDNESS

Employees shall meet their financial obligations in a proper and timely manner
and observe laws of their own country, as well as laws of the U.S. Government
which apply to their employment.

F. GAMBLING, BETTING AND LOTTERIES

An employee shall not participate, while on Government owned or leased

property or while on duty for the Government, in any gambling device, in
conducting a lottery or pool, in a game for money or property, or in selling or
purchasing number slips or tickets.

G. MAKING RECOMMENDATIONS FOR EMPLOYMENT OF OTHERS

An employee shall not, in his or her official capacity, recommend a person for
employment in a position of trust or profit in any government other than the U.S.
Government except with written permission of the employing agency.

H. WEARING UNIFORMS

An employee shall not wear any uniform except such as may be officially
authorized in connection with her/his duties, e.g., Messengers, Chauffeurs,
Guards, etc.

I. CORRESPONDENCE ON AFFAIRS OF FOREIGN GOVERNMENT

An employee shall not correspond in regard to the public affairs of her/his or any
other foreign government except with the proper officers of the Government of the
United States, as directed by the Principal Officer or their American supervisor.

J. CONDUCT PREJUDICIAL TO THE GOVERNMENT

An employee must not engage in criminal, infamous, dishonest, immoral or

notoriously disgraceful conduct, or other conduct prejudicial to the U.S.
Government or the Indonesian Government.

An employee should observe the requirements of courtesy, consideration, and

promptness in dealing with or serving the public.

45 | P a g e
K. FINANCIAL INTEREST

An employee shall not:

1. Have a direct or indirect financial interest that conflicts substantially, or appears to

conflict substantially with the employee’s U.S. Government duties and
responsibilities.

2. Engage in, directly or indirectly, a financial transaction as a result of or primarily

relying on, information obtained through U.S. Government employment.

L. HANDLING OF CASH AND OTHER MONETARY INSTRUMENTS

An employee, entrusted with the handling of monies and other monetary

instruments in connection with the duties of the position occupied, shall not use
nor permit any other employee to use such monies or instruments for any purpose
other than that for which they have been made available.

M. COMPUTER USE PROHIBITIONS

Recent changes to 5 FAM clarify the Department’s positions on personal use of

USG owned equipment and monitoring of employee activity while using USG
owned equipment. Employees should remember that, even though they have
been issued a logon ID and password, they have no expectation of privacy, and
all activities are subject to monitoring as described in 5 FAM 724. For detail,
please see Appendix K.

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 Chapter 12

DISCIPLINARY ACTION

It is the policy of the Mission to expect an employee to maintain high standards of

conduct. LE staff (FSN/PSC/PSA employees) are expected to observe the
conditions of employment as contained in this Handbook. The primary objective
of disciplinary action is to correct and rehabilitate, not to punish and penalize.
Emphasis will be placed on effective employee-management relations to prevent
the development of situations which require disciplinary action. Failure to meet
these criteria will be dealt with according to measures outlined herein. Records on
disciplinary actions will be kept in employee’s file for a certain period of time (See
Chapter 16 – Reduction In Force).

A. DEFINITIONS:

DISCIPLINARY ACTION

An action against an employee in the form of admonishment, reprimand,

suspension of 14 days or less or separation for cause.

Admonishment

An informal action that consists of an oral warning, advising an employee that

his/her conduct or his/her failure to observe the law, regulation or administrative
instruction or notice does not meet the Mission’s standards of behavior. Also
referred to as oral reprimand.

Reprimand

An official written rebuke, censure or disapproval of a specific action or actions by

an employee. This official document will be kept in the employee’s file for four
years.

Suspension

A Mission action which places an employee in a temporary leave without pay

(LWOP) status not to exceed 90 days at any one time for disciplinary reasons.
(LWOP status at the request of an employee is not a disciplinary action).

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 Removal/Separation for Cause

Removal is the separating of the employee permanently from his/her U.S.

Government employment.

Misconduct

Criminal, immoral or dishonest conduct; creating a disturbance or an act which

tends to disrupt the smooth functioning of the Mission; or deviation from the
standard of acceptable behavior of the Mission and/or of the local community.

Insubordination

Willful disobedience in carrying out orders of the employee’s immediate

supervisor.

Intoxication

Being under the influence of drugs or other intoxicants while on duty.

False Statement

Willful falsification or omission of material facts on an employee’s application for

employment or and investigation; and altering or falsifying records, documents
and official papers harm to another person.

Negligence

Careless operation or neglect which results in the loss or breakage of equipment,

materials or supplies or harm to another person.

Indebtedness

Continual failure to meet financial obligations.

Unsatisfactory Performance of Duty

Performance below the expected level for the type of position to which the
employee is assigned, including frequent disregard for established office conduct.

48 | P a g e
 The following is the Table of Offenses and Penalties to be used by supervisors in
proposing disciplinary actions. Adherence to the Table is mandatory in order to
ensure that equitable penalties are imposed and that like action is taken for
comparable offenses. Offenses not listed will be judged on the basis of their
relative gravity to those offenses listed, and penalties assigned according to the
corresponding range of penalties included in the Table.

B. Reasons for disciplinary action include but are not limited to the following:
TABLE OF OFFENSES AND PENALTIES

The disciplinary penalty imposed upon a specific employee is dependent upon the nature of the
offense committed, previous records, and other pertinent information surrounding the case.
When an employee commits a combination of or series of offenses, greater penalties than those
listed for single offenses are appropriate.

PENALTIES
OFFENSES SECOND THIRD
FIRST OFFENSE OFFENSE OFFENSE
1. Insubordination
a. Minor
Deliberate delay or failure to Oral
Official reprimand
carry out assigned work or admonishment to Official reprimand
to 5 days'
instructions in a reasonable official to removal.
suspension.
period of time. reprimand.

b. Major
Refusal to obey legitimate Official
Official reprimand
orders, disrespect, insolence reprimand to 10 Removal
to removal.
and like behavior. days' suspension.
2. Unauthorized Absence
a. Minor
Unauthorized absence from
Oral
duty of 8 consecutive hours (1 Official reprimand
admonishment to Official reprimand
duty day) or less; or repeated to 5 days'
official to removal.
tardiness or leaving the job suspension.
reprimand.
without permission.

b. Major

49 | P a g e
 Continuing unauthorized
absence of more than 8
Official
consecutive hours up to 4 Official reprimand
reprimand to 10 Removal.
consecutive workdays. If to removal.
days' suspension.
misrepresentation is involved
see item 4.

3. Abuse of Leave

Repeated absence and leave not

Oral
scheduled in advance. Official reprimand
admonishment to Official reprimand
Frequent absences on account to 5 days'
official to removal.
of illness would be subject to suspension.
reprimand.
disability separation.

4. Abandonment of Position
Employee's disappearance
without notice or failure to
Removal.
return to work for 5
consecutive days.
5. Loafing or Sleeping While
on Duty
a. Minor

Loitering, idleness, wasting

time; unauthorized
Oral
participation in activities Official reprimand
admonishment to Official reprimand
during duty hours which are to 5 days'
official to removal.
outside of regularly assigned suspension.
reprimand.
duties. When danger to safety
of persons or property is minor
or non-existent.

b. Major
Official
When safety of persons or 5 days' suspension
reprimand to 3 Removal.
property is seriously to removal.
days' suspension.
endangered.
c. Special provision for On probation:
Watchman/Guard Removal
After probation: Removal
14 days
suspension.

50 | P a g e
 d. Dishonesty:
Watchman/Guard found lying Removal.
about sleeping while on duty.
6. Careless Workmanship or
Negligence
a. Minor

Failure to apply job knowledge

and skills; indifference to
Oral Official reprimand
quality of work; inattention to Official reprimand.
admonishment. to removal.
accuracy of work; when
spoilage or waste of materials
or delay in production is small.

b. Major

When spoilage or waste of

materials or delay in
production is significant;
Official Suspension to
covering up line or attempting Removal.
reprimand. removal.
to conceal defective work;
removing or destroying
defective work without
permission.

7. Failure to Observe Safety

Regulations
a. Minor Oral Suspension to
Official reprimand.
When threat of safety or admonishment. removal.
persons or property is minor or
non-existent.
1. Failure to report injury
and/or accident to self or
Oral Suspension to
material property damage Official reprimand.
admonishment. removal.
within a reasonable length of
time.
2. Using makeshifts in lieu of
Oral Suspension to
tools or equipment where Official reprimand.
admonishment. removal.
persons are exposed to injury.
3. Other violations of safety like Oral Suspension to
Official reprimand.
gravity. admonishment. removal.
b. Major

51 | P a g e
 Failure to observe safety
Official
practices and regulations and
reprimand to Removal.
danger to safety of persons or
removal.
property is acute.

8. Lost of, Damage to,

Unauthorized Use or Willful
Destruction of Government
Property, Equipment, Records
of Information
a. Minor
When loss or damage is of Oral Official reprimand
Removal.
small value and no willfulness admonishment. to suspension.
is involved.

b. Major

When willfulness or intent is

involved, or loss or damage is Official
significant; and/or reprimand to Removal.
unauthorized use of suspension.
government property and
equipment is involved.

9. Theft
Actual or attempted taking and
carrying away of government Removal.
property, or the property of
others.

10. Malfeasance
a. Minor

When there is substantial

evidence of genuine
misunderstanding of Official
requirements, but employee is reprimand to 10 Removal.
otherwise qualified and days' suspension.
productive, discipline and
community relations are not
adversely affected and
employee has not thereby
attended personal gain.

b. Major

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 Deliberate misrepresentation or
dishonesty in official matters;
fraud; falsification;
exaggeration; deliberate
concealment of a material fact
in connection with any official
Removal.
document such as time
attendance, travel, or other
claims, or withholding of
material facts in connection
with matters under official
investigation.

11. Misconduct
a. Minor

Rude, boisterous play which

adversely affects production,
Official
discipline, or morale use of Official reprimand
reprimand to Removal.
disrespectful, abusive or to removal.
suspension.
offensive language, quarrelling
or quarrel.

b. Major
Fighting; threatening;
intimidating; coercing; or
inflicting bodily harm to
another; physical resistance to Official
competent authority; any reprimand to Removal.
violent acts or language which removal.
adversely affects morale,
production or maintenance of
discipline; indecent or immoral
conduct or other behavior
inconsistent with EEO.
12. Gambling Suspension to Removal.
removal.

Promotion of or assisting in
operation of organized
gambling or participation in
organized gambling on duty or
during working hours.

53 | P a g e
 13. Intoxication/Drug Use
a. Minor
Official
Use of drugs or intoxicants Suspension to
reprimand to Removal.
while on duty. removal.
suspension.

b. Major

Being on duty under the

Suspension to
influence of drugs or Removal.
removal.
intoxicants as to be unable to
perform assigned duties or to
be a hazard to others.

14. Misconduct Off Duty

a. Minor

Overt action constituting minor Official reprimand

breaches of legal or social codes Official
to 5 days' Removal.
of a community which come to reprimand.
suspension.
the attention of management,
e.g. use of loud, abusive
language.

b. Major

Misconduct which adversely

affects the reputation of the
employee or reflects Official
unfavorably on the U.S. reprimand to Removal.
Mission; includes conviction of suspension.
felonies; may include arrest or
indictment for felonies and
may also include arrest,
indictment or conviction for
misdemeanors.

15. Indebtedness
Oral
Continuous failure to meet just admonishment to Official reprimand Suspension to
financial obligations. official to suspension. removal.
reprimand.

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 16. Defamation

Knowingly making false or

malicious statements or
unauthorized disclosure
Official
against other employees,
reprimand to Removal.
supervisors or officials with
removal.
intent to harm or destroy the
reputation, authority or official
standing of persons concerned.

17. Favoritism or
Discriminative Practices

Any action or failure to act in

connection with official
personnel action relating to
working conditions and
employment which affects the
rights, privileges, benefits Official Official reprimand
Removal.
dignity and quality of reprimand. to removal.
economic opportunity of an
employee or applicant
(consider circumstances and
whether the act was intentional
or factual evidence).

Official Official reprimand

a. Minor (inadvertant) Removal.
reprimand. to removal.
10 days'
Removal.
b. Major (intentional) suspension.
18. Violation of Security
Regulations
a. Minor
When the breach does not
result in release of security
information to authorized Official
Official reprimand
sources, and there is no reprimand to 10 Removal.
to removal.
evidence of compromise of days' suspension.
classified information, PII or
other sensitive information.
b. Major

55 | P a g e
 When the violation is
intentional or results in
unauthorized release or Removal.
compromise of security
information.

19. Computer Security

Refer to the USG cyber security

policy.

20. Medical

Refusal to take medical

treatment for condition which
Official
affects ability to perform job 5 days’ suspension
reprimand to Removal.
responsibilities, or which to removal.
suspension.
would put others at jeopardy if
not treated.

21. Violation of Other

Administrative Rules or
Regulations

Not specifically mentioned

herein (consider the employee's
obligation or opportunity to be
aware of the rule or regulation
violated; the significance of the
offense; the degree of adverse
effects on production, morale
maintenance of discipline,
external relationship of
reputation of the agency).

Oral
Official reprimand
admonishment to Official reprimand
aga. Minor to 5 days'
official to removal.
suspension.
reprimand.

Official
b. Major reprimand to Removal.
removal.

56 | P a g e
57 | P a g e
 Chapter 13

GRIEVANCE

Post Grievance Plan for Locally Engaged Staff (LES)

US Mission in Indonesia

Effective Date: April 1, 2003

This plan is applicable only to grievances of the LE Staff in all types of appointment
in all affiliated agencies and departments at post. The implementation of this plan
should enhance communication between employees and supervisors. It should
enable post to handle issues fairly and equitably for all concerned.

I. POLICY/OBJECTIVE

It is the policy of this Mission to provide equal opportunity and fair and equitable
treatment in employment to all persons without regard to race, color, religion, sex,
national origin, age, handicap, political affiliation, marital status, or sexual
orientation, and to achieve equal employment opportunity in all personnel
operations through continuing affirmative action programs.

In developing and implementing an effective employee-management relationship,

the US Mission exerts every effort to settle any LES’ complaint informally, promptly,
satisfactorily and at the lowest possible level. Supervisors and other responsible
officers should encourage employees to discuss complaints with them and should
respond in a timely manner to resolve the complaints. It is in the best interest of
everyone to develop an office structure in which LE Staff feel comfortable discussing
issues related to the workplace with their supervisors. This may present cultural
challenges for Indonesian employees, but it is an important element in working in an
American environment. An employee initially should discuss a complaint with
his/her current supervisor or with the officer who has immediate jurisdiction over
the complaint to give that person an opportunity to resolve the matter before further
steps are taken under this system. In any event, LE Staff grievances should be settled
at post. The Chief of Mission is the final arbiter. There is no appeal beyond that
level.

II. PREVENTING COMPLAINTS

U.S. and LE Staff supervisors and management have primary responsibility to

prevent and resolve complaints and grievances. Total elimination of complaints,
like total prevention of accidents, is impossible. However, complaints and
grievances can and should be prevented. Supervisors should use some of the time-

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tested common sense management techniques summarized below:

1. Make every effort to avoid complaints (unpaid or late payment of ordered

overtime, unequal distribution of work, inadequate or inappropriate supervision,
failure to grant leave impartially or repeated demonstration of favoritism).
2. Keep employees informed regarding their work requirements and performance,
with counseling of LE Staff at least twice during the rating year and on an as-
needed basis.
3. Address minor irritations promptly.
4. Encourage constructive suggestions.
5. Do not make a promise you may not be able to keep. For example, do not
promise awards, promotions, salary increases or position classifications. This
applies to all agencies at post.
6. Act as soon as possible on requests.
7. Give reasons for your orders or decisions unless they are obvious. If corrective
action has to be taken, do not make a public display of it.
8. Be sure your decision is consistent with post policies, or if not, explain the reason
for the changes.
9. If complaints arise, resolve them quickly. Always check with the Human
Resources Office on appropriate action.
 Listen to the employee's complaint or concern fully and carefully;
get the whole story.
 Investigate carefully.
 Search for precedents.
 Keep the most comprehensive written record for transparency’s sake.
10. Respect employees’ privacy when taking corrective actions.

The Human Resources Officer or an appropriate staff designee or neutral third party
may serve as a mediator to help parties resolve their differences in an informal
atmosphere. The mediator is not a judge but rather a communicator, facilitator or
translator who assists parties with the clarification of issues and the development of
options for resolution and agreement. The mediator has no decision-making
authority and cannot impose a solution on the disputants. Disputes can often be
resolved through mediation.

If a satisfactory outcome cannot be reached at the informal level, the complainant

may seek corrective action in accordance with this Grievance Plan. Any employee
seeking a remedy through this system is guaranteed freedom from restraint,
discrimination or reprisal in presenting the grievance or as a result of it.

59 | P a g e
III. DEFINITIONS

A. Locally Employed (LE) Staffs

A Locally Employed Staff is either

1. Non-US Citizen employees of the US Government (USG) in the host country
including Third Country Nationals (TCNs). All employment categories are
included (FSN, PSA, and PSC) or

2. A US Citizen employee hired under the Rockefeller Amendment or Personal

Services Agreement Plus (PSA Plus), excluding eligible Family Members on FMA
appointments and uniformed service members assigned abroad.

B. Complaint

A complaint is hereby defined as any act or condition which is a source of concern or

dissatisfaction to an employee, and which is discussed informally with his/her
supervisor or other appropriate official(s).

C. Grievance

For purpose of the uniform Grievance System, a grievance is an act or condition

under the control of the Mission which is a source of concern or dissatisfaction to a
LE Staff which has not been resolved through informal discussion with his/her
supervisor and/or mediation of other appropriate official(s). The Grievance System
applies equally to individual or collective grievances.

Subjects That Can Be Considered As Grievances

Subjects generally include, but are not limited to:

 Alleged violations or misinterpretations or misapplications of applicable law,
regulation or policy affecting the terms and conditions of the grievant’s
employment or career status (i.e., failure to pay approved overtime, to grant
compensatory time for approved overtime work, or to grant leave resulting in
loss of leave at the end of the leave year).
 Dissatisfaction with any matter subject to the control of the employing agency or
office with respect to the grievant’s physical working environment (e.g., physical
working conditions, unequal distribution of work among staff).
 Allegations that a Performance Evaluation Report is inaccurate, fundamentally
unfounded or falsely prejudicial; or that delayed preparation of an employee’s
Performance Evaluation Report resulted in an uncompensated deferral of his/her
salary within-grade-increase (WGI).

60 | P a g e
 Unfair on-the-job treatment by the supervisor; such as unfair reprimands,
frequent outbursts of temper, public ridicule before visitors and/or co-workers,
or sexual harassment.
 Alleged inaccuracy, error, or falsely prejudicial material in the grievant’s official
personnel file which, although not resulting in separation or disciplinary action, is
deemed detrimental to the grievant’s career aspirations.
 Alleged wrongful disciplinary action, formal or informal, against the grievant,
including official reprimand, suspension from duties or dismissal.
 Complaints that an employee’s separation “for cause” was allegedly contrary to
regulation or predicated on inaccurate or untrue evidence or omission of relevant
material, or based on erroneous or prejudicial material in the employee’s
personnel file.

 A grievance regarding separation for cause will not delay the separation action.
Such a case may be adjudicated after the actual separation and, if the decision is
in favor of the grievant, he/she may be restored to employment. Any employee
grieving a dismissal will be given the right, under whatever escort is deemed
necessary by the Regional Security Office, to enter the Embassy compound for the
purpose of grievance hearings.
 Employee-management communications problems (i.e., failure to publish
changes in policies, procedures, and regulations which affect the terms and
conditions of employment).
 Actions alleged to be in the nature of reprisal or other interference with freedom
of action in connection with an employee’s participation under these grievance
procedures.

The appropriateness of any disciplinary action in individual cases can only be judged
according to the circumstances.

SUBJECTS THAT CANNOT BE CONSIDERED AS GRIEVANCES

The following matters cannot be made the subject of a grievance, and are handled
administratively under other procedures:

 Complaints against a particular assignment or the transfer of employees, which is

ordered in accordance with United States Government laws and/or regulations.
 Non-selection for promotion based on documented work performance. However,
non-promotion due to bias, or prejudice, or that is contrary to regulations, is
subject to review under these grievance procedures.
 Position grade level. Under the worldwide Mission Classification (MClass),
appeals regarding position classification actions are made through the Mission’s

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 LE Staff Position Classification Appeals Panel, whose policies will be published
separately.
 Salaries and benefits. The Local Compensation Plan is established by the
Department of State, and Agency Headquarters in Washington, after review and
analysis of survey reports and cannot be appealed.
 Reduction-in-Force (RIF) actions. A reduction-in-force action may be handled
only under the procedures of the Mission RIF Plan.

IV. GRIEVANCE PANEL

The Grievance Panel will consist of the following members, all of whom must be
Mission employees:

A Chairperson
Five permanent members appointed by the Chief of Mission (COM)
One ad hoc member, chosen by grievant.

The Management Counselor will act as Chairperson of the Board except for any
grievance in which he/she might be named as a party, in which case the Panel will
designate a chairperson by vote. The remaining five permanent members will be
selected by the COM in the same manner that American employees are selected for
all other Mission committees, namely, representing a variety of agencies, grades,
gender etc, and their names will be made known mission wide. The grievant may
select an adhoc member of his/her choosing, who may be an LE Staff or American
employee, according to the grievant’s choice. Normally all assignments to Mission
committees are for one year.

The functions of the Panel include:

(a) fair implementation of grievance policies and procedures,
(b) gathering facts and judging the merits of individual cases and
(c) providing recommendations to the Chief of Mission as to the action (s) to be
taken.

V. FREEDOM OF ACTION

Any grievant, witness, representative, or other person(s) involved in a proceeding

hereunder shall be free from any restraint, interference, coercion, harassment,
discrimination, or reprisal in these proceedings or by virtue of them. The Heads of
Agencies recognize their obligation to ensure compliance with this System. Any
person involved or having immediate knowledge of any alleged breach of this
Section should call it to the attention of the pertinent agency through appropriate

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channels for corrective action as necessary. Such allegations should be brought to the
attention of the Human Resources Officer. If this process is not successful,
allegations may also be brought to the attention of the Management Counselor.

VI. BASIC PRINCIPLES AND GRIEVANT'S RIGHTS

A. This Grievance System establishes the right of LE Staff to present his/her case for
action to the Grievance Panel and assures that the employee will be free from
restraint, interference, discrimination, coercion or reprisal in presenting the case, or
as a result of it.

B. The employee has the right to choose a representative from within the Mission to
assist him/her in the proceeding. Outside assistance and representation is not
permitted. The employee may seek guidance from an appropriate officer within the
Mission who might assist him/her with submitting the case or in resolving it.
Officers who have left the post, and for whom the employee worked, might be asked
to submit an informal statement.

C. The System assures that no record of the grievance, the proceeding or the
recommendations on the grievance will be entered in the personnel records of the
grievant (unless required as a remedy for the grievance).

D. The Mission may, upon request of the Grievance Panel, provide such unclassified
and non-administratively controlled records as might be relevant to a particular case.

VII. GRIEVANCE PROCEDURES

The Grievance system provides for the employee to first bring the matter to his/her
immediate supervisor or the officer who has jurisdiction over the complaint, before
taking the matter further.

Every effort should be made to resolve an employee's complaint through informal

discussion.

If a complaint is still unresolved, the employee may enter the first stage of the
grievance process. In the first stage, the grievant presents a written statement to the
American official having immediate jurisdiction over the complaint. Grievances may
be brought to the attention of the IEA (Indonesian Employees Association) if the
grievant so wishes, but that decision to do so is entirely up to the grievant. The
statement, which may be in English or Indonesian, will include:

1. A full description of the act or condition which is the subject of the grievance.

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2. The effect on the grievant.
3. Any provision of U.S. or Indonesian Labor Codes, regulations or agency policy
which allegedly has been violated or misapplied.
4. Any documentary evidence readily available to the grievant on which the
grievance rests.
5. The identity of individuals having knowledge of relevant facts, and
6. A statement of the requested remedy.

A. Agency Records

In considering the validity of a grievance, the Grievance Panel shall have access, to
the extent possible, to any agency record considered by the Board to be relevant to
the grievant and the subject matter of the grievance.

The agency shall promptly furnish the grievant, to the extent possible, any agency
record which the grievant requests to substantiate the grievance and which the
agency or the Grievance Panel determines is relevant and material to the proceeding.
When deemed appropriate by the agency or the Panel, a grievant may be supplied
with only a summary or extract of unclassified and administratively controlled
material. If a request by a grievant for a document is denied prior to or during the
agency's consideration of a grievance, such denial may be raised by the grievant as
an integral part of the grievance before the Panel. Administratively controlled
material, however, will not be made available to the grievant unless specifically
authorized by the Chief of Mission in writing. The grievant and his/her
representative shall have access to the record of proceedings, including the decision
of the Panel.

B. Time Limits for Grievances

A grievance should be submitted, within ten (10) working days after the
occurrence(s) giving rise to the grievance. In extenuating circumstances, that period
may be extended to no longer than twenty (20) working days.

If the grievant fails to supply the required documentation, the Panel will consider the
grievance based on the available records.

A grievance concerning a continuing practice or condition may be presented at any

time if its adverse effect is continuing. Documents contained in official employee
personnel files, for example, can be considered as a continuing condition.

The Grievance Panel shall convene to discuss the case, and to pass judgment on the
merits of the grievance and to decide what course of action should be taken to find its
resolution. If a hearing is necessary, the employee will be given five (5) working

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days notice of the date, time and place of the hearing. In extenuating circumstances,
the time span may be extended, for example, when the employee is on leave. Within
ten (10) working days from receipt of the written grievance, or after the hearing, the
Panel will provide the grievant with a written response, which will include a
statement of any proposed resolution of the grievance. In cases where policies are
ambiguous, the Panel may contact HR/OE for guidance and coordination with the
agency concerned. A LE Staff may appeal to the COM, if the Panel denies his/her
grievance or when no response is received within the established time limits. The
final decision will ultimately be made by the COM and is not subject to further
appeal.

C. Grievance Records

All official records concerning agency consideration of grievances, except those

appropriate to implementation of decisions favorable to grievants, should be kept
separate from official personnel records of the grievant and any other individuals
connected with the grievance, and should not be accessible to agency personnel other
than the grievant, the grievant's representative, and those responsible for
consideration of grievances.

VIII. ROLE OF HUMAN RESOURCES OFFICER

The post Human Resources Officer (HRO) or the duly designated member of his/her
staff, is responsible for providing assistance and ensuring that cases are processed in
accordance with the applicable regulations and procedures. However, if HRO is in
the direct line of supervision of the LE Staff bringing the complaints, the
management counselor may provide this assistance.

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 Chapter 14

TRAVEL AND TRANSPORTATION

OFFICIAL TRAVEL – TRAVEL, LIFE AND MEDICAL INSURANCE FOR OUT-OF-COUNTRY

TRAVEL

When an employee is required to travel outside the post of assignment for official
business in connection with the employee‘s official duties, transportation costs will
be paid by the employing agency. This also includes payment for passport for
overseas travel, if the employee does not have one, visa fees and other travel related
costs. The employee is also entitled to per diem (expenses for hotels, meals, airport
fees, etc.) during official travel requiring an overnight stay or longer and will be
reimbursed in accordance with existing per diem rates and regulations as authorized.
Official travel may not be performed nor per diem paid without a Travel
Authorization (TA) issued by the STATE or USAID Human Resources Office.

Rates of per-diem for specific areas are updated regularly and are contained in
section 925 of The Standardized Regulations. Receipts for lodging must be presented
in all cases.

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 Chapter 15

Separations

Continued employment with the Mission is based on continuation of the need for the
employee’s services, continuance of the program in which the employee works, and
the employee’s conduct and efficiency.

An FSN, PSA/PSC employee may be separated at any time in light of criteria and
procedures set forth in this Handbook and/or 3 FAM 7730, but under no
circumstances will a separation be arbitrary or capricious.

A. Types of Separation

1. Resignation

Employee submits his/her resignation letter for his/her own personal reasons.
One month’s notice is required. The American supervisor or Human Resources
Officer may waive the advance notice period.

2. For Cause

Occurs when an employee is separated for the reasons mentioned under Chapter
12.

An employee shall be warned in writing and given an opportunity to perform

better unless the cause for separation is considered so serious that immediate
action is required. If an employee is found guilty of offense(s) itemized under
Chapter 11, he/she will:

a. receive notice of shortcomings prior to separation and have the opportunity to

overcome such shortcomings.

b. be informed of the charges, except when adverse security reasons are the cause of
separation.

c. be permitted to bring an interpreter to the hearing if language is a problem for

either the employee or the members of Panel Board.

3. Disqualification

Separation by disqualification occurs when an employee:

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a. Fails to qualify during a probationary period, e.g. failure to perform duties in a
satisfactory or better manner.

b. Is found to have made false statements on investigation by the Regional

Security Officer.

c. As a result of unfavorable results of a security investigation by the Regional

Security Officer.

4. Disability

Separation for disability occurs when an employee is physically or mentally

incapable of satisfactorily performing the duties required of the employee’s
position. A doctor’s statement from a designated medical facility will be required
to confirm this inability to continue employment. Employees will be separated and
are eligible for a lump-sum payment according to the benefits payable under the
U.S. Government’s Separation Plan (Item B below).

5. Abandonment of Position

Separation for abandonment of position occurs when an employee disappears

without notice or fails to return to duty after the end of a period of authorized
leave.

The local labor law states that if after 5 calendar days since the disappearance of
the employee or the end of authorized leave, the employee does not appear at the
official duty station and there is no explanation whatsoever from the employee,
the employee will be separated.

6. Reduction In Force

Separation by Reduction-In-Force (RIF) occurs when an employee is separated

involuntarily because of a lack of funds, reorganization, decrease of work, or other
similar reason. Consideration is given to local labor laws and practice, the
employee performance record, type of appointment and length of service (See
Chapter 16 for RIF criteria).

7. Retirement

Separation by retirement occurs when an employee is qualified for a retirement

annuity. The Human Resources Office will notify the employee and the
employing office of the upcoming employee’s retirement 6 months to one year

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 prior to employee’s retirement date to provide time and opportunity for the
employing office to cross train other employees or prepare employee’s
replacement (See Chapter 18).

B. SEPARATION BENEFITS

1. Annual (Lebaran) Bonus

An employee who separates for any reason as set forth in this chapter, except for
separation for cause or misconduct or resignation in lieu of separation for cause, is
entitled to a Annual (Lebaran) Bonus as outlined in APPENDIX A.

2. Annual Leave Balance

An employee who separates for any reason as set forth in this chapter is entitled to
a lump sum payment for all unused annual leave hours to the employee’s credit,
not to exceed the maximum annual leave hours (240/288 hours) for USG Style
Leave Plan and a maximum limit of two times the employee’s annual leave accrual
for Local Leave Plan, EXCEPT that such payment may be withheld to recover
funds which the employee may owe the U.S. Government.

3. Creditable Service for Severance and Service Payments:

Based on prevailing practice in Indonesia creditable service for the purpose of

Severance and Service payments, is based on total continuous service with the
United States Government. Periods of breaks in service in excess of three days or
periods for which an employee received severance benefits will not be counted.

4. Severance Pay

LE Staff employees under direct-hire, PSC/PSA appointments who are not eligible
to receive an immediate annuity under CSR or LRP, will receive severance pay
governed under the post Local Compensation Plan if one of the following events
occurs:

a. Reduction-in-force
b. Mandatory Retirement
c. Separation for medical disability
d. Death
e. Abolishment of position

5. Service Pay

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 All LE Staff employees who are separated from the Mission are entitled to receive
service pay except for those who are separated for cause and who are eligible for
an immediate CSR annuity.

6. Taking annual leave before separation

Generally, annual leave will not be granted immediately before separation, except
when in the interest of the Embassy and/or where it is necessary for an employee
to use annual leave to his/her credit for which lump sum payment cannot be
received. Please discuss your annual leave plans with your supervisor prior to
determining your last day of work.

7. Summary separation benefits payment

a. Reduction-in-Force, Abolishment of position:

 Two times of severance pay
 One time of service pay
 Unused annual leave
 Prorated annual (lebaran) bonus
 Retirement benefit*

b. Mandatory and Voluntary Retirement, Medical Disability, Resignation*:

 One time of service pay
 Prorated annual (lebaran) bonus
 Unused annual leave
 Retirement benefit
 Severance pay during non LRP or PSC period if applicable

c. Death:
 Two times of severance pay
 One time of service pay
 15% of severance and service pay
 Unused annual leave
 Prorated annual (Lebaran) bonus
 Retirement benefit
 Burial Benefit
 Death Benefit

d. Poor Performance:
 One time of severance and service pay
 Prorated annual (lebaran) bonus

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  Unused annual leave
 Retirement benefit*

e. For Cause
 Unused annual leave
 Retirement under DCP plan*

* Requirement for retirement benefit:

DBP: Must meet 15 years of service and 50 years old of age.
DCP: Must meet the vesting periof of three years.

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 Chapter 16

Reduction In Force

Uniform FSN/PSC/PSA Reduction-In-Force (RIF) Plan

Effective Date: April 1, 2004

This plan applies to all organizations under the U.S. Mission to Indonesia.

A. GENERAL

There may be times when it is necessary for the U.S. Government (USG) to reduce its
number of employees for such reasons as lack of funds, reduction in workloads, or a
decrease in employment ceilings. When these conditions exist, or where the USG
deems it appropriate, some employees may be affected under Reduction-in-Force
(RIF) procedures to meet employment goals and limitations. The Mission has the
discretion to amend this Reduction-in-Force (RIF) plan from time to time, and the
plan as described does not confer any ongoing rights save for those reductions that
have occurred subsequent to the amendment to the plan. The provision of this plan
is applicable to Foreign Service National (FSN) and Personal Services
Agreement/Contract (PSA/PSC) employees under the Local Compensation Plan,
regardless of funding source, whose last efficiency report has an overall rating of
“good” or better. This plan does not apply to FSN/PSA/PSC employees whose last
efficiency report is overall less than “good”. Employees in this category are to be
separated for failure to meet required performance standards prior to invoking
Reduction-in-Force procedures in accordance with 3 FAM 7732.4.

B. DEFINITIONS

1. Mission

The U.S. Diplomatic Mission in Indonesia is comprised of the Embassy, USAID, FAS,
FCS, LOC, DAO, ODC, OSM, DOJ, OSC, and any other agencies employing
employees covered by the local compensation plan.

2. Designated Area For Competition

The designated area for competition may consist of an agency, one or more posts
served by an Agency, or a section of an Agency in which employees work. A RIF
may affect only one post in a country, all posts served by an Agency, or only one
section in one post for that Agency.

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3. Competitive Level

The competitive level is defined as all positions in a designated area and in the same
grade that are sufficiently alike in qualification, requirements, duties, responsibilities,
pay schedule and working conditions, so that the incumbent of any one position
could be assigned to any of the other positions without undue interruption of the
program.

4. Retention Register

A Retention Register is a listing of all employees at a competitive level in the

designated area arranged according to the number of retention points of each
individual.

5. Retention Points

Retention points are the total number of the positive and negative points that may be
assigned to each employee on the Retention Register according to the guidance given
in Section D.

6. Retention Standing

Retention standing is the precise rank of an employee on the Retention Register

based on the total number of the Retention Points, positive and negative. A
Retention Register is a listing of all employees at a competitive level in the
designated area arranged according to the number of retention points of each
individual.

C. COMPETITIVE AREA

When a RIF action is necessary, employees selected for separation shall be

determined using the following criteria:

1. Each Agency will select the positions to be eliminated.

2. Once the number of positions to be eliminated is known, the Management

Officer or the Executive Officer of the concerned Agency in conjunction with the
Human Resources Officer will prepare a Retention Register listing employees who
encumber positions that entail duties designated for elimination. The Retention
Register will be unique to each agency.
The Retention Register lists employees with the same title and grade in descending
order according to total retention points. An employee who is last on the Retention
Register shall be the first one to be separated.

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3. One Agency cannot compete with another Agency. Each Agency will have its
own Retention Register and cannot include employees from another Agency.

4. One constituent post cannot compete with another constituent post. Each post
will have its own Retention Register and cannot include employees from another
post.

D. NOTICE OF REDUCTION-IN-FORCE

An employee to be separated under RIF procedures will be given notice in

accordance with the applicable provisions of the Mission Separation Notice Plan.

1. Requirement

The Management or Executive Officer of each Agency will give a written notice to an
employee selected for release from his/her competitive level. The employee will
receive a notice of the Agency’s intention to RIF at least 30 calendar days before the
date of his/her release. In counting the days of the notice period, the date that the
notice is recorded as delivered is not counted.

2. Content Of Notice

The official notification will state specifically what action the Agency intends to take,
the effective date of that action, the employee’s designated area and competitive
level, and the service computation date. The notice will also describe the employee’s
right to appeal the RIF action.

3. Status During Notice Period

When possible, the employee will remain in a duty status during the notice period.
During this period, the employee should use any excess annual leave that cannot be
paid in a lump sum, and the Agency should cooperate in assisting the employee to
use excess annual leave during this period. If such requests do not unduly interfere
with Agency work requirements, the employee may request annual leave that is not
excess leave during the notice period. Posts may consider paying salary (without
charging leave) for the specified period of notice in lieu of notice, and separate the
employee immediately.

E. RETENTION REGISTER

Priority on the Retention Register is defined as follows:

1. Positive Points

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Positive points will be given in the following circumstances:

a. 1 Point

One point is given for each full year of creditable service. This shall include time as a
Direct Hire employee, Personal Agreement or Personal Services Contractor. Any
time in excess of nine months left over from the number of full years shall be deemed
to be a full year for point credit.

b. 3 Points

Three points will be given for each award within the last four years under the
Incentive Awards Program (or the equivalent program for Personal Services
Contractor), and/or for receipt of a Meritorious Step Increase within the last three
years, three points will be awarded.

c. 3 Points

Three points are given for each annual Evaluation of Performance in the last five
years with an overall rating of “Exceptional” (2 points if the evaluation report covers
a period of approximately 6 months).

d. 2 Points

Two points are awarded for each annual Evaluation of Performance in the last five
years with an overall rating of “Commendable” or Good (1 point if the evaluation
report covers a period of approximately 6 months).

e. 1 Point

One point is earned for each official recognition of superior performance, such as
Letter of Appreciation other than from the direct supervisor, issued in the last four
years. Such official recognition must be included in the employee’s Official
Personnel Folder (OPF) to be considered for point credit.

f. 2 Points

Two points are earned for each formal training course successfully completed within
the last six years that is directly job-related. All courses must have been taken after
the employee entered on duty. A memorandum signed by the employee’s
supervisor, certifying that the course is job-related, must be included in the
employee’s OPF to be considered for point credit.

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2. Negative Points

Each of the following occurrences will result in the corresponding negative points,
which will be deducted from the total positive points.

a. 20 Points

Twenty points will be deducted for each suspension from duty. If an issue listed
under Subsection E.2 (A through F) is under review with the FSN Grievance Board, it
will remain in full force and effect for purpose of the calculation of the Retention
Register until such time as it is reversed.

b. 10 Points

Ten points will be deducted for each Evaluation of Performance in the last five years
with an overall rating of “Unsatisfactory” (-5 points if the evaluation report covers a
period of approximately 6 months).

c. 10 Points

Ten points will be deducted for each 8 to 24-hour period or instance of Absence
Without Leave (AWOL) documented on the Time and Attendance Report in the last
five years (-3 points for less than an 8-hour period of AWOL).

d. 8 Points

Eight points will be deducted for each documented abuse of sick leave included in
the employee’s OPF in the last four years.

e. 6 Points

Six points will be deducted for each reprimand, such as insubordination,

drunkenness, etc., included in the employee’s OPF in the last four years.

3. Same Number Of Points

In a case where two or more employees have the same number of points on the same
Retention Register, the lowest level American supervisor who is in the line of
supervision over the two employees will determine their relative standing on the
Register.

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F. APPEALS

1. Right To Appeal

An employee has the right to appeal to his/her Agency RIF Review Board after
receiving Notice of Intent to Separate under Reduction-in-Force if the employee
believes the Agency has applied regulations incorrectly. The employee may not
appeal the determination as to which position is to be abolished. An appeal must be
made in writing and must be received no later than ten (10) calendar days after
receipt of Separation Notice.

The appeal should be sent to the Chair of the Agency’s RIF Review Board giving the
specific reasons for the appeal. The employee may also request in writing the
opportunity to appear before the Board to present the appeal.

2. The RIF Review Board

a. The RIF Review Board is comprised of the following members:
1. Chairperson:
Post Management Counselor, or for associated Agency employees, Agency
Head at post.
2. Member:
Employee’s Section Chief (or designee).
3. Member:
An American or LE Staff employee of the applicant’s choice.
4. Others:
A representative of the Human Resources Office may be requested to
attend to answer questions or to explain actions taken by the Human
Resources Office. This person does not have a vote.

b. The decision of the RIF Board shall be final. There is no further appeal.

G. Outplacement Assistance

Employees identified for separation under a Reduction-in-Force will be

assisted to the maximum extent possible in locating other employment, if they
request such assistance.

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 Chapter 17

EMPLOYEE ASSOCIATION

INDONESIAN EMPLOYEE ASSOCIATION

The U.S. Mission Indonesian Employees’ Association (IEA) was established on June
17, 1975. The association does not serve as a labor union. Details regarding IEA are
as follows:

a. Purpose

To promote the common welfare of Indonesian employees through consulting

appropriate designated officials of the U.S. Government concerning salaries,
benefits and working conditions.

b. Executive Council

The Association has an Executive council, consisting of 15 members, which is

responsible for formulating and executing the policies of IEA in accordance with
its constitution and by-laws. The members are elected for two-year terms.

c. Membership

Any LE Staff employees on FSN/PSC/PSA appointments of the U.S. Government

are eligible to join IEA.

d. IEA Activities

1. Provide moral support to employees and participate in problem solving.

2. Schedule social and sporting events.

3. Present problems affecting working conditions of employees to management.

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 Chapter 18

RETIREMENT PLANS

Employees may be covered by either the Civil Service Retirement Plan or a Local
Retirement Plan, but not both. The Civil Service Retirement (CSR) plan was revoked
in May 1980. Employees appointed after May 1980 will automatically participate in
the U.S. Embassy Defined Benefit or Defined Contribution Plans. All employees
hired on or after September 1, 2004 are enrolled in the Defined Contribution Plan.
Please refer to Appendix F for detailed information on the Defined Benefit Plan.

RETIREMENT AGE:

The post mandatory retirement age for Locally Engaged Staff (LES) employees
participating in the Local Retirement Plan (LRP) is 60 years of age. For LES who are
participants of the U.S. Civil Service Retirement System (CSRS), the mandatory
retirement age is 62 years of age.

A. CIVIL SERVICE RETIREMENT (U.S. PLAN)

1. This chapter is only applicable to FSN employees who are participants in the U.S.
Civil Service Retirement System.

2. As a member of the Civil Service Retirement System, a deduction of 7% of your

annual salary will be made. This money is held in trust by the U.S. Treasury for
the purpose of paying retirement annuities, refunds, disability and death benefits.

3. Notwithstanding breaks in employment, all service with the U.S. Government is

creditable for retirement purposes including periods for which no contributions
have been made.

4. You are eligible for an immediate annuity (except for disability) if you meet the
following requirement:

o Age 62 with 5 years of service

o Age 60 with 20 years of service

o Age 55 with 30 years of service

o Age 50 with 20 years of service if you are involuntarily separated

(RIF). (Annuity is reduced if you are under age 55).

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 o Any age with 25 years of service if you are involuntarily separated
(RIF). (Annuity is reduced if you are under age 55).

o Any age with 5 years of service if you are totally disabled for useful
and efficient service in your position.

5. Counseling and additional information may be obtained from your Human

Resources Office.

B. Local Retirement Plans

The Department has authorized post to make changes to the current LES Retirement
Plan. We now have two retirement plans for LES employees namely Local Defined
Benefit Retirement Plan (DBP) and Local Defined Contribution Retirement Plan
(DCP).

I. THE LOCAL DEFINED BENEFIT RETIREMENT PLAN (DBP):

The Local Defined Benefit Retirement Plan (DBP) is closed to employees who are
hired on or after September 1, 2004. Other provisions in this plan remain unchanged
(See Appendix F).

II. THE LOCAL DEFINED CONTRIBUTION FUND RETIREMENT PLAN (DCP):

1. Eligibility

a. This plan is made available to all full-time Direct Hire/PSC/PSA LE Staff

employees who are currently on board and enrolled in the Defined Benefit
Retirement Plan (as administered by the local insurance company Manulife).

b. Transfer from the Defined Benefit Plan to the Defined Contribution Plan is offered
on a voluntary, one time, non-revocable basis to current employees.

Employees who are hired on or after September 1, 2004 and employees who remain
to complete one-year probationary period on or after September 1, 2004 will be
automatically enrolled in the Local Defined Contribution Retirement Plan.

c. The employee must have completed the probationary period.

d. The employee must not be a participant in the Civil Service Retirement System.

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2. BENEFITS OF THE PLAN

The plan is contributory and provides benefits upon separation for any reason.
Benefits shall be paid in a lump sum.

3. Defined Contribution Levels

a. The employee shall contribute a minimum of three (3) percent to a maximum of

twelve (12) percent of employee’s basic salary.

b. The employing agency (or employer) shall contribute nine (9) percent of an
employee’s basic salary for all employees who are currently on board and qualify for
a one-time option to transfer to Defined Contributions Plan.

c. The employing agency (or employer) shall contribute seven (7) percent of the
employee‘s basic salary for all employees hired on or after September 1, 2004. The
employer’s contributions will begin as of employee’s enter on duty date.

d. Basic salary excludes any bonuses, allowances or premium pay.

4. Credited Service

This plan is implemented on a prospective basis. Benefits formerly earned under the
Defined Benefit Plan shall be rolled into the Defined Contribution Plan.

5. Vesting Period

This plan also pays the balance in the employee’s account upon either resignation or
termination; there is no requirement to serve until retirement age, nor to fulfill fifteen
years of service. There is however, a vesting period of three years. This means that
employees who cease their employment after less than three years will, upon
separation or termination, receive only their own contributions to the plan, while
employees serving three years or more will receive both their own contributions and
the embassy’s contributions. In the event of death, the employee will be 100%
vested. Inquiries concerning the Local Retirement Plans should be directed to the
Embassy Human Resources Office.

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 Chapter 19

REEMPLOYMENT

POLICY & WAITING PERIOD

A former FSN/PSC/PSA employee may be considered for reemployment.

1. A former FSN/PSC/PSA employee who is separated without

cause, i.e. reduction-in-force, termination of contract, is eligible to
apply, without any waiting period, for any U.S. Mission position
for which he/she is qualified. Priority consideration is normally
given to a candidate in this category.

2. A former FSN/PSC/PSA employee who is separated due to lack

of appropriate qualifications and skills (not personal misconduct)
for the position previously occupied may apply for another
position for which he/she is qualified without any waiting period.

3. A former FSN/PSC/PSA employee who resigns voluntarily is

eligible to apply for a vacant position for which he/she is
qualified but not prior to six months after the separation.

4. A former FSN/PSC/PSA employee who is involuntarily

separated for medical reasons may apply for a position for which
he/she is qualified but not prior to one year after the separation.

5. A former FSN/PSC/PSA employee who is involuntarily

separated with cause is not eligible to apply for any U.S. Mission
position.

6. A former FSN/PSC/PSA employee who retired under mandatory

retirement is not eligible to apply for any U.S. Mission full-time
position. However, he/she may apply for a part-time, temporary,
or when-actually-employed (WAE) position, providing that no
other candidates are available for such position.

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 Appendix A
ANNUAL (LEBARAN) BONUS
(Authorized date: 05/24/2013)
1. An Annual bonus (Lebaran Bonus) is payable to employees each year two pay periods
prior to the first day of the Lebaran holiday. The amount of the bonus is 2/12 of annual
basic salary.

2. The bonus covers service from the two pay periods prior to the first day of the Lebaran
holiday of the previous year through the end of two pay periods prior to the first day of
the Lebaran holiday of the year in which the bonus is paid. From the date of the prior
year’s Lebaran holiday, employees who have been on the rolls for less than 26 pay
periods 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 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 not 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. No payment will be made to an employee separated for cause.

7. No payment will be made for a partially completed pay period.

8. 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.

9. Bonus payments are not subject to CSR withholding

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 Appendix B

THE U.S. LEAVE PLAN

The following plan applies to those who entered on duty prior to January 7, 1995 and
chose to stay under the U.S. Leave Plan.

1. ANNUAL LEAVE

a. Purpose of granting annual leave

Annual leave is provided for two general purposes:

(1) To allow you an annual vacation period of extended leave for rest and
recreation and

(2) To provide periods of time off for personal and emergency purposes.

Leave must be approved in advance on Form OPM-71, application for leave. In

cases where this is impossible due to emergency circumstances, you are required
to notify your supervisor at the earliest possible moment. Authority to approve
leave requests is normally delegated to the employee’s supervisor.

b. Scheduling Annual Leave

While it is a policy of the Mission that employees use their full amount of annual
leave each year, work requirements will be the determining factor in approving
annual leave and must take precedence over the employee's personal wishes if the
approval of a request for leave would conflict with the work schedule.

c. Annual Leave accruals by basic workweek and length of service are as follows:

Years Hours First 25 pp Last pp in

of Service Per yr in a leave year a leave year Ceiling

40 hr workweek

Up to 3 yrs 104 4 4 240

3 to 15 yrs 160 6 10 240
15 yrs and more 208 8 8 240

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 48 HOUR WORKWEEK

Up to 3 yrs 125 4.80 0 288

3 to 15 yrs 192 7.20 12 288
15 yrs and more 250 9.60 0 288

Upon separation, a lump sum payment will be made for any accrued but unused
annual leave not to exceed 240/288 hours.

d. Advance Annual Leave

In rare and special circumstances, annual leave may be given in advance of its
accrual, but only up to that amount which would be earned in the leave year in
which the advance leave is taken. Advance leave requires a written request from
the employee, endorsed by the immediate supervisor and approved by the
Human Resources Officer. This request and approval must be sent to the
appropriate payroll office. A minus account of annual leave at the end of the leave
year must be paid on a lump sum basis, and will be deducted from an employee's
pay.

e. Leave prior to separation

Annual leave immediately prior to separation is not granted except in cases where
it is necessary for an employee to use annual leave to his/her credit for which
he/she cannot receive lump-sum payment.

You have a continuing responsibility for the effective scheduling of your annual
leave throughout the leave year so that forfeiture or the need for restoration is
avoided.

f. Voluntary Leave Transfer Program

The FSN Voluntary Leave Transfer Program was developed and implemented to
allow for leave donations to those LE Staff employees who had exhausted their
sick and/or annual leave benefits due to a medical emergency and had no other
means of assistance. This program is accessible to all eligible FSNs on U.S. style
leave plans. It provides for the transfer of unused annual leave to employees
affected by medical emergencies who would be in LWOP, without this program.
If you believe that you have a situation which qualifies for this program contact
the Human Resources Office for additional information.
2. SICK LEAVE

a. Sick leave may be granted for the following reasons:

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 (1) Incapacity for performance of duty because of sickness or injury

(2) Medical, dental, or optical examination or treatment and

(3) When a member of your family has a contagious disease and the presence of
the employee at work would jeopardize the health of others.

b. Application for sick leave must be approved in advance whenever possible, on

OPM-71 Application for leave form. All requests for approval of sick leave in
excess of three workdays must be supported by a recognized physician’s
certificate. You should notify your supervisor as soon as possible when you
absent yourself due to illness if prior approval could not be obtained. Failure to
do so may result in your absence being charged to annual leave or absence
without leave (AWOL).

c. Sick Leave Accruals

Sick leave accrues regardless of years of service as follows:

Basic workweek Accrual per year Accrual per pay period

40 hours 104 hours 4 hours

48 hours 124.80 hours 4.80 hours

d. There is no accumulation limit for sick leave. Accrued sick leave at time of
separation is not compensable. Sick leave should also be considered as an
insurance policy which provides full pay during long illnesses as long as you have
an accrued balance.

e. Advance sick leave may be granted in cases of serious injury or prolonged illness
when sick leave has been exhausted. A maximum of 30 days may be advanced to
employees upon the recommendation of their supervisor and approval by the
Agency Human Resources Officer or Executive Officer. Sick leave is advanced
with the understanding that future absences due to illness not meeting the criteria
of advance sick leave must be charged to annual leave or leave without pay until
the total advance is liquidated.

A review shall be made of the circumstances surrounding seemingly excessive or

indiscriminate use of sick leave to determine whether sick leave is being properly
used.

An employee whose sick leave record is questionable may also be requested to

take a fitness for duty examination at the Embassy Medical Unit.

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3. MATERNITY LEAVE

Maternity leave is charged to:

(1) Sick leave

(2) Annual leave and/or

(3) Leave without pay (LWOP).

The granting of maternity leave is limited to the first 3 children only. The
usual period of authorized maternity leave is up to 12 weeks. Leave is
granted upon submission of a properly documented request. This period
generally begins no later than 6 weeks before the expected date of delivery
and extends 6 weeks after childbirth.

4. COMPENSATORY TIME

With prior written authorization, you may be granted compensatory time off in
accordance with provisions under Chapter 5, item H-2.

5. LEAVE WITHOUT PAY (LWOP)

Leave without pay is a temporary non-pay status, which means absence from duty
granted upon request of the employee and approval by the supervisor. Normally,
leave without pay is granted for 20 calendar days or less, for the following specific
reasons:

- In cases of serious illness when sick leave has been exhausted or in maternity
cases when all accrued annual and sick leave have been used.

- When an employee is injured in the line of duty while receiving compensation

from the Bureau of Employee's Compensation.

- Personal Emergencies (case by case basis).

- Pending decision in a disciplinary action case.

There are disadvantages to being in LWOP status. Time in LWOP status in excess
of two weeks in one calendar year will delay date of your annual step increase by
an equal period of time, and no annual leave or sick leave is earned during these
periods. If LWOP is in excess of 80 hours during any bonus year, the Lebaran

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 Bonus will be reduced. Time in LWOP status in excess of six months during any
calendar year is not counted for credit under the Civil Service Retirement System.

6. ABSENCE WITHOUT LEAVE (AWOL)

If you are absent from duty without advance authorization, your absence will be
charged to AWOL. If, upon your return to duty, you can offer a satisfactory
explanation, the approving officer may, at his/her discretion, charge the time
absent to Annual Leave, Sick Leave or LWOP after fully considering all
circumstances. If satisfactory justification cannot be given, the time absent will
remain AWOL, and may subject you to disciplinary action.

7. HOLIDAYS

Every year the Embassy Management Office publishes a list of authorized

American and Indonesian Holidays.

a. American Holidays

Employees are normally not required to work on designated Indonesian and U.S.
holidays and on any other Federal holiday established by statute or Executive
Order which falls within the employee's basic workweek. Should work be
required on either Indonesian or American holidays observed by the post,
holiday pay may be authorized or time-off will be granted. There is no
substitution when an Indonesian holiday falls on a non-workday. When a
designated American holiday falls on a Sunday, the employee's holiday is
Monday. When a designated American holiday falls on Saturday, the employee's
holiday is Friday.

b. Indonesian Holidays

Indonesian employees are excused on Indonesian holidays without charge to

leave or loss of pay. An employee required to work on such days in order to
perform essential service may be granted holiday pay in accordance with Chapter
5-H. 2 FAM 115.2(d) instructs posts to restrict the number of local holidays
designated to ten per year, and if the number of local holidays exceeds this
number, to designate only the most important.

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 Appendix C

U.S. EMBASSY MANAGEMENT INSTRUCTION

No. 54-05
April 15, 2005

Standard Operating Policy On Mission Employment Hiring

Practices

Refs: 93 STATE 172396; 94 STATE 242694;

94 STATE 307187; 95 STATE 052795;
95 STATE 267637;
98 STATE 51690
98 STATE 232826
00 STATE 86622
02 STATE 128129
02 STATE 131614
3 FAM 8200, Appendix A (old 3 FAM 123 Methods of
Overseas Employment);
2 FAM 048 Community Liaison Office CLO Operations Manual,
Section II, Recruitment and hiring of the CLO Coordinator.
3 FAM 8300 Nepotism

I. INTRODUCTION

The establishment and work of the Post Employment Committee will be in full
conformity with 3 FAM 8200, Appendix A (old 3 FAM 123) and in compliance with
Sec. 180 of the Foreign Relations Authorization Act (P.L. 103-236, signed into law by
President Clinton on April 30, 1994) and the amended number of section of the
Foreign Service Act of 1980 -- the latest version of law, commonly referred to as the
"Rockefeller Amendment."

II. PURPOSE

To ensure fair, equitable, and uniform handling of the selection process for personnel
vacancies within the Mission, the following guidelines will apply to all U.S.
Government agencies in Indonesia as well as for the Consulate General in Surabaya,
Consular Agency in Bali and APP Medan.

It is the policy of the U.S. Mission, and all of its components thereof, to ensure that
the regulations and guidelines of the Foreign Affairs Agencies are followed in the
filling of all locally recruited positions.

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III. DEFINITIONS - TYPE OF EMPLOYEES

A. EFM – Eligible Family Member

U.S. citizen spouse/dependent of a U.S. Federal Government employee or U.S.
Military Service member, either residing with the sponsor or residing overseas
apart from the sponsor solely because the employing agency does not authorize
family members to reside at the sponsor's current post of assignment. EFMs who
voluntarily reside overseas at posts other than the sponsor's post of assignment
are considered U.S. citizen residents for purposes of employment under this SOP.

B. MOH – MEMBER OF HOUSEHOLD

All non-U.S. citizen and/or minor age family members of a U.S. Federal
Government employee or U.S. Military Service member, or a person who has
accompanied or joined an employee assigned abroad and who the employee has
declared to the Chief of Mission is part of his/her household, and who are other
than legitimate domestic staff. MOHs are not eligible for either Temporary
Appointment or FMA appointments, but may be eligible for employment under
the PSA Plus mechanism (e.g. Summer-Hire).

C. AMCIT OR USCIT - AMERICAN CITIZEN OR U.S. CITIZEN.

U.S. citizen residing legally in Indonesia who is not an American Family member.

D. VETERAN
Person who has served on active duty in the United States Armed Forces under
honorable conditions. For the purposes of hiring preference, veterans must have
served two years active duty.

E. FSN - FOREIGN SERVICE NATIONAL.

Refers to an employee employed in a direct-hire FSN position. All non-U.S.
citizens hired locally, whether full or part-time, intermittent or temporary and
inclusive of third country nationals, non-U.S. citizen who encumber a direct-hire
FSN designated position.

F. LES – LOCALLY EMPLOYED STAFF

Refers jointly to all employees engaged in either FSN, PSC or PSA appointments.

G. PSC - PERSONAL SERVICES CONTRACT

A hiring mechanism no longer utilized for newly engaged employees of the
Department of State and selected other agencies.

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H. PSA - PERSONAL SERVICES AGREEMENT
The hiring mechanism used for all new locally-engaged, non-EFM employees,
whether U.S. or non-U.S. citizen of the Department of State and selected other
agencies.

I. PSA PLUS
A new recruitment program introduced at Mission Indonesia in June, 2002. Under
PSA Plus, determination of hiring mechanism is based not on citizenship but
residency.
EFMs are considered not ordinarily resident in Indonesia and are paid on the
Foreign Service pay schedule in US dollars.

IV. DEFINITIONS - EMPLOYMENT MECHANISMS

A. EFM POSITION
A direct-hire position which has been designated for occupancy by an EFM
employee.

B. TEMPORARY APPOINTMENT POSITION

A position established by Washington usually for EFMs only, but on occasions
Indonesian residents, to work on a part-time or intermittent work schedule.
Depending on the type of position, benefits vary. Leave and creditable service are
normally accrued for regularly scheduled appointments.

C. FMA – FAMILY MEMBER APPOINTMENT

Limited non-career appointment for employing eligible EFMs abroad. FMAs are
effected as a five-year limited non-career renewable appointment. During
periods between jobs, employee goes in to special non-pay status until entry into
a new qualifying position. FMA confers USG-wide government benefits
including retirement, Thrift Savings Plan, and life insurance which a
TEMPORARY APPOINTMENT does not. NOTE: For FMA purposes an eligible
dependent is defined as a U.S. citizen spouse (or unmarried dependent child at
least age 18 but under 21) on the travel orders of an American foreign or civil
service employee or military service member permanently assigned to a U.S.
foreign service post abroad.

D. PSC - PERSONAL SERVICES CONTRACT.

Contractual employment from thirty days to one year with the possibility of a
further four one-year options for extension. NOTE: PSCs are no longer used for
new appointments for the Department of State and selected other agencies.

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E. FSN DIRECT HIRE
A permanent direct-hire position authorized under the National Security Decision
Directive 38 (NSDD-38).

F. PSA - PERSONAL SERVICES AGREEMENT

Form of contractual employment referred to as an agreement. The agreement
term is from thirty days to one year with the possibility of a further extension of
nine one-year options.

G. PSA LTD – PERSONAL SERVICES AGREEMENT (LIMITED)

Short-term agreement not to exceed 30 days per year per employee.

V. SCOPE

These procedures govern all employment vacancies, except summer hire student and
intern positions. Non-personal services contracts, which involve procurement of
services rather than employment, are also excluded.

VI. THE POST EMPLOYMENT COMMITTEE

A. AMERICAN EMBASSY JAKARTA POST EMPLOYMENT COMMITTEE

(PEC):

A permanent Committee will be established in conformity with 3 FAM 8200

(formally old 3 FAM 123.8-4). There will be a minimum of five (5) permanent
members on the committee as appointed by the Ambassador and shown in the Post's
Designation List and be represented by the various agencies of the Mission, i.e.
STATE, USAID, ODC, DOJ, Family Member, etc. to the extent possible. The CLO
and HRO will serve as ex-officio, non-voting members. The supervisor of the
position being filled will be included on the Committee as an ad hoc non-permanent
member and the section will be allowed one vote. Therefore, the Committee will
comprise of a total of five permanent members, with the supervisor making the sixth.
A minimum of five members is required for a quorum.

B. CONSTITUENT POST’S EMPLOYMENT COMMITTEE:

A permanent Committee will be established in conformity with 3 FAM 123.8-4. To

the extent possible, the committee should be represented by the various agencies of
the Mission (i.e. STATE, FCS, etc.) and chaired by the Management Officer (or by
any member appointed by the CG).

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VII. ELIGIBILITY

A. For locally-recruited PSA Plus positions which are advertised internally only, the
following categories of people are eligible to apply: EFMs, MOHs and LES.

B. For PSA Plus positions advertised both internally and externally, in addition to
the categories mentioned in A, all residents of Indonesia who are eligible to work,
including U.S. citizens with valid work permits, are also eligible to apply.

C. For positions requiring a security clearance (designated sensitive), only EFMs

may apply. If a full recruitment period yields no qualified applicants, U.S. citizens
with valid work permits will then be eligible to apply.

VIII. POSITION VACANCY ANNOUNCEMENT

A. All position vacancies must be advertised for a minimum of two weeks (14
calendar days) from the date of the announcement to the closing date,
to permit interested candidates the opportunity to apply. The Human
Resources Office will create a Job Vacancy Announcement and clear with the
direct supervisor before announcing the position officially. Vacancy
announcements at the Consulate General will be created either by HRO or the
respective Management Office and cleared with HRO, the position supervisor
and the Principal Officer.

B. Before a PSA Plus position can be advertised, a position description (PD) must
be written, properly classified and assessed to the appropriate grade level on
both the LES Compensation Plan and the FS schedules.

C. The Job Vacancy Announcement will be distributed through the Embassy

website, in-house mail channels to each agency, posted on bulletin boards,
and published in the Embassy newsletter. Announcements for each vacancy
should include the following:

1. Proposed title of the position;

2. Job description or summary of duties;
3. Appointment duration and location; all Temporary Appointment positions are
hired on one-year appointments which may be renewable;
4. Number of positions (or job sharing if being considered);
5. If a PSA Plus position, the classification conversion scale to appropriate FS
schedule;
6. LES/FS grade level (or equivalent), hourly rate of pay (or total payment) or
possible range of payment;

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 7. Qualifications and special skills or experience required;
8. Security clearance level required, if any;
9. Application deadline and filing procedures.

D. All announcements (except those advertising EFM Temporary Appointment

positions) must contain the following statement: "APPLICANTS MUST BE
ELIGIBLE FOR EMPLOYMENT UNDER HOST GOVERNMENT LAWS AND
REGULATIONS."

E. Unless position requirements vary, all announcements should specify the one-
year ‘minimum time at post requirement’ for an EFM. Exceptions to this policy
must be approved by the Management Counselor, position supervisor and
Human Resources Officer.

IX. APPLICATION PROCEDURES

All applicants must apply in writing to be considered for an advertised employment

opportunity. The first application submitted at post must consist of a completed OF-
612 or detailed resume with a cover letter citing particular interest and qualifications
for the position.

X. EMPLOYMENT SEQUENCE/SELECTION PROCESS

The employment sequence is as follows.

1. An Agency/Section with a position to fill notifies HRO in writing, describing the

type of work and specific duties to be performed, qualifications sought,
(suggested grade and salary range), location, full or part-time or job-share,
duration of appointment, security classification, and any other pertinent
information essential for recruitment.

2. HRO advertises the position internally via a Job Vacancy Announcement to all
EFMs and LE employees. Positions advertised externally may be concurrently
advertised through local newspapers. When a vacancy is short-term or of a
more urgent nature, HRO may also ask local employment agencies to refer
suitably qualified applicants.

3. HRO reviews all applications to eliminate those candidates who are either
ineligible or do not meet the minimum qualifications for the vacancy. Only
those candidates determined to be both eligible and basically qualified will
advance to the next stage of the selection process. The Human Resources Officer

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 will identify which candidates are Eligible Family Members and/or veterans of
the U.S. Armed Forces.

4. If the HRO determines that only one candidate is qualified and eligible for the
position, that candidate may be referred directly to the position’s American
supervisor with a recommendation to hire. The final selection decision in this
case rests with the American Supervisor.

NOTE: Federal law prohibits nepotism. To comply with U.S. law to avoid nepotism and
the appearance of nepotism in all employment matters, a family member may not be
within the chain of command of the other. Also, a family member may not be involved in
the employment process of the other. HR/OE, on behalf of the Director General, is
required to review the employment of family members when nepotism issues might exist
or might appear to exist.

5. In cases when high numbers of applicants meet the minimum requirements of the
position, HRO will rank applicants based on education, experience, skills, etc. as
relevant to the selection criteria for the position.

When an EFM has applied for a vacancy and is basically qualified for the
position, he/she will automatically be included with the applications reviewed
by the Human Resources Officer and the American Supervisor. If only one EFM
has applied, and is considered the “best qualified”, he/she must be offered the
position. If two or more EFMs have applied and are qualified, the PEC will
undertake reviews of the applications of all short-listed applicants.

6. Following the PEC reviews, the PEC will provide HR with an informal ranking
of candidates and from this list, a ‘best qualified’ list of candidates. The
supervisor will consider the committee’s input, but has the final determination
on which EFM is hired. The only exception to this procedure is in the selection
of the CLO (see Section XI). Only if all EFMs decline the job, may it be offered to
a U.S. citizen or non-U.S. citizen candidate. U.S. Veterans’ preference will be a
determining factor between two or more similarly-qualified EFM candidates.

Members of Household and resident U.S. citizens are considered equally unless
the U.S. Citizen is a Veteran, which shall be considered an affirmative factor.
The PEC, including the American Supervisor, will review all management
considerations in making selections. These include, but are not limited to, EFM
or Veteran’s preference, dual nationality, conflict of interest and nepotism
concerns, language requirements, post morale, budgetary implications, work
permits, etc.

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7. When no EFMs apply for a vacancy, or if none satisfy the requirements of the
‘best qualified’ list, HRO will refer the ‘best qualified’ applications directly to the
American Supervisor for interview. A representative of HRO may sit on the
interview panel, but the PEC need not be convened.

8. HRO will be responsible for all administrative interview arrangements:

negotiating interview date/time; contacting applicants; organizing visitor access
through RSO; booking interview venue if required; escorting applicants to
interview; organizing testing (when relevant) in consultation with American
supervisor, etc. HRO will brief each applicant on conditions of employment prior
to interview.

9. The American supervisor will determine which applicants to interview from

HRO’s referred list. The American supervisor may delegate interviewing
responsibility to their LE supervisor and involve other section employees in the
interview process. The selecting official will notify HRO of the selection decision
in writing and submit an interview report to HRO within 48 hours of the
interview. HRO will obtain reference reports on successful external applicants.
Selection remains tentative until required medical and security clearances have
been obtained. On receipt of required clearances, HRO will offer the successful
candidate an offer for employment.

10. The HRO has the sole authorization to make any offer of employment. All
commitments as to grade, salary and entry on duty date will be made by the
Human Resources Officer in consultation with the American Supervisor. Once
the position has been offered and accepted, HRO will notify the unsuccessful
candidates.

11. FOR SENSITIVE TEMPORARY APPOINTMENT POSITIONS: No applicants are

authorized to commence employment prior to obtaining the appropriate
authorization and security clearance from the Department of State.

XI. SELECTION FOR THE CLO COORDINATOR POSITION

The CLO position will be recruited as per Section V & VI of this SOP for a one-year
appointment. The incumbent may be selected by the PEC on a non-competitive basis
for a second one-year appointment.

The applicant MUST be a U.S. citizen and the dependent of a U.S. Government
employee with a Top Secret security clearance assigned to post. The PEC will
consider nepotism and conflict of interest regulations in the selection process and in
the assignment of the supervisory relationship as outlined in 3 FAM 123.

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The PEC will act as a selecting panel and interview all eligible applicants before
making a recommendation by majority vote. The voting membership of the PEC
may be augmented by the HRO's nomination of a USG family member. Final
approval of the selection rests with the Chief of Mission.

XII. REVIEW OF EMPLOYMENT

Temporary Appointment positions are period up to one year. Employees

encumbering Temporary Appointments or positions under a Family Member
Appointment may be extended based on the recommendation of the supervisor and
approval by the PEC. [Reference: 3 FAM 8200 Appendix A, 123.10(B)].

For employees working in FMAs, HRO will submit a memorandum to the American
supervisor inquiring whether the current employee should be recommended for
continued employment. If it is in the best interests of the U.S. Mission (i.e. in
determining whether or not the position should be offered to other qualified family
members, particularly where there are more family members interested in working
than available positions), and in particular, of the agency/office for which the
incumbent works, to retain an incumbent whose work is of high quality, the
supervisor's response will be submitted to the PEC for concurrence. If approved, the
incumbent will be extended for an additional year. However, it is the policy of the
Mission to readvertise all positions held by FMAs every two years to allow other
interested family members to compete for positions.

Appointments may be extended indefinitely for an EFM; for a maximum of five years
for a USCIT. [Reference: 3 FAM 8200 Appendix A, 123.6a.]

XIII. DEPENDENT EMPLOYEE ADMINISTRATION

A. The CLO shall be informed of any EFM hired under these procedures for the
purposes of preparing necessary family member employment reports.

B. HRO has up-to-date information on conditions of employment, leave benefits,

leave without pay, retirement, health and life insurance entitlements, workers
compensation and non-competitive eligibility under E.O. 12585. For EFMs only - this
Executive Order authorizes appointments to career GS positions in the U.S. after
completion of one year of service in an overseas temporary appointment or Family
Member Appointment designated position. Service under PSC will not count toward
meeting the eligibility requirement.

Questions regarding this Policy should be addressed to the Human Resources

Officer.

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 Appendix D

U.S. EMBASSY MANAGEMENT NOTICE

09/30/10 Number 135-10 Ref:

TRAINING POLICY FOR

LOCALLY EMPLOYED STAFF

I. Scope

This document establishes policies and procedures for training Locally Employed
Staff (LES) at U.S. Embassy Jakarta, U.S. Consulate Surabaya, and American Presence
Post (APP) Medan, collectively referred to as Mission Indonesia. Individuals
categorized as LES include Foreign Service Nationals (FSNs), locally hired American
family members (EFMs), other local hire Americans, and third-country nationals
(TCNs). It applies to all Mission LES, regardless of agency affiliation. Although not
a comprehensive guide for training direct-hire American (USDH) staff, its precepts
apply to U.S. Department of State USDH personnel who use scheduled work time or
Mission funding for training. USDH from other agencies who wish to register for
training offered by the Department of State should refer to the specific provisions in
Section VI below.

II. Responsibilities

The Human Resources Officer (HRO) oversees the Mission Training Program and
ensures that training conforms with Mission goals. The HRO is responsible for
ensuring a comprehensive and coherent Mission training program through creation
and implementation of the Mission Training Plan. The HRO may not approve
training that does not conform with the overall guidelines of the Training Program.
Appeals of HRO decisions must be directed to the Management Counselor, who
may, when appropriate, convene a panel of both concerned and disinterested parties
to determine Mission-wide training priorities and course allocations.

Supervisors are responsible for identifying the skills, and thus training, essential in
performing their mission, prioritizing training requirements, consulting and advising
their employees on training issues, and nominating individuals for appropriate
classes. Section Chiefs are responsible for monitoring their organization's
requirements, preparing prioritized inputs for the Mission Training Plan, and
facilitating employee participation in appropriate training.

Employees are responsible for pointing out needed training to their supervisors,
suggesting options, and diligently participating in training provided. After course

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completion, they should provide feedback to their supervisors and course providers
on the value and applicability of the programs in which they have participated. They
should also share the knowledge and skills they have obtained with their colleagues.

III. Mission Training Program Objective and Philosophy

A well planned, comprehensive, and effective training program is the foundation of

each section's ability to perform its duties. Such a program must carefully consider
and balance staff training needs, funding availability, the availability of training
opportunities, and equity in the distribution of training. Courses taken must develop
the relevant and essential skills required for the performance of tasks that contribute
to achieving Mission goals. Mission Indonesia's training program aims to provide:

 Technical, procedural, and operational skills needed to achieve, maintain, and

enhance successful performance.
 Leadership, management, and EEO knowledge for all supervisors.
 Occupational health and safety comprehension for all personnel.
 Personal and professional development for all employees.

Given limited resources, training must be targeted to fill the most pressing needs.
Courses covering core employee responsibilities or mandated by the Department are
therefore given the highest priority. Duplicative or repeat training of a limited cadre
of employees should be avoided. Instead, it is Mission policy to give training
opportunities to as many individuals as possible. This approach builds a broader and
more flexible employee base and precludes the risks inherent in restricting
knowledge to a select few. Training cannot be viewed as a personal reward or form
of added compensation, but instead must be used as a means to provide and enhance
needed work-related skills and knowledge. Equity in providing training
opportunities is essential; any perception of favoritism or unfairness in allocating
training can damage morale. Except for positions entered at a trainee level or cases
in which position responsibilities are evolving, training should not be used to obtain
job skills that are job prerequisites for the employee’s existing position. Job
prerequisites are assumed to be in place as a condition for employment.

The Mission encourages employees to develop, to the fullest extent possible,

professional skills and qualifications that will enable them to maximize their
contribution to the Mission and further their professional advancement. Once the full
performance level for a position has been reached, employees should, to the extent
permitted by work requirements and training budget constraints, pursue training
having present or future direct benefit to the Mission and the employee.

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Training which requires the employee to be absent from duty more than 80 hours
will be considered only in exceptional cases where the benefit to the Mission is
commensurate with the time and resources expended.

IV. Type of Training

Training may be full-time, part-time, on-duty, or off-duty. Options include on-the-

job training, correspondence, on-line, and classroom courses, conferences,
workshops, or a combination of these methods. Whenever possible, on-the-job and
on-line training opportunities should be seen as a first choice, since these are usually
the most cost-effective and immediately available approaches. Training categories
include:

On-the-Job Training

On-the-job training (OJT) is required for most employees and is generally conducted
by supervisors or co-workers. OJT is often a continuous process, familiarizing
employees with new techniques, procedures, regulations, and office systems as they
appear. The introduction of new technology and procedures, particularly software
applications, often creates the need for specialized training which may be obtained
through OJT. OJT requires no registration and entails no direct cost. OJT is essential
for LES hired at training grades to transition into the full-performance grade.

Cross-Training

Cross-training within the workplace is an essential part of individual development,

giving employees opportunities to demonstrate abilities that may not be apparent in
their current positions. It is the primary method for preparing individuals to serve as
back-ups for their colleagues when those employees are absent. In most cases, cross-
training is done in-house. Therefore, Mission funding will generally not be provided
for cross-training.

On-Line and Correspondence Training

A large number of on-line and correspondence courses are offered by the Foreign
Service Institute (FSI). On line courses, offered directly by FSI identified by the prefix
"DL" in the FSI catalog, are listed at http://fsi.state.gov/default.asp?contentID=295.
Additionally, non-FSI courses are offered via FSI through the "FasTrac" program.
This government-wide education and training resource includes short, self-paced
business, information technology, and management courses. The FasTrac catalog can
be found at http://fsiapps.fsi.state.gov/catalog/catalog/asp. Many of these courses
can be completed using any Internet computer after receiving an authorized log-on
from the FSI State Department Intranet website. Supervisors should allow

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employees to complete on-line and correspondence training required for professional
development during regular working hours. In cases where on-line and
correspondence training are optional or not required, the supervisor may allow the
employee to complete some or all of such coursework during working hours if there
is no interference with the employee’s required duties. Some of these courses
involve an end-of-course assessment test, which must be proctored by a supervisor
or other responsible individual. In most cases, these courses are cost-free, and
offer effective and flexible training alternatives.

Local Training: Intra-Mission

The Mission organizes local training opportunities for LES staff. English language
courses are the most familiar form of local training, but there are also Mission-
organized seminars and classes and seminars and classes taught by regional or
Washington-based staff, or by contract instructors or organizations. Such training
may be open to all Mission LES staff, or may be limited to LES staff in certain
sections or in need of training in specific areas. Such training may be open to all
State Department LES free of charge or may be open only to those in the funding
section. Participation in such training will be approved based primarily on employee
need for training. However, additional training slots may be made available on a
first-come, first-served basis. Non-State Department LES may be participate in intra-
Mission training on a cost-reimbursable basis.

Local Training: Extra-Mission

The Mission strongly encourages employees to take advantage of job-related or

performance-enhancing training available in local commercial and academic
institutions. This may entail seminars and commercially-offered courses, computer
certification classes, English-language training, and degree-oriented university
studies. Extra-Mission Local training may often provide better opportunities for
greater hands on, rather than theoretical learning, particularly for technical subjects.
All individually-tailored local training must be approved in advance; employees will
not be reimbursed for local training not approved in advance.

Other Extra-Mission Training

Training seminars, courses, and conferences are regularly offered at the Foreign
Service Institute (FSI) in Arlington, Virginia, the Financial Services Center (FSC)
Charleston, FSC Bangkok, the Regional Employee Development Center (REDC) in
Bangkok, the Regional Service Center (RSC) in Frankfurt, and at other State
Department venues in the East Asian and Pacific region and around the world.
Training at these locations generally runs from 2-5 days, but can sometimes last
several weeks. All standard U.S. government regulations apply to travel required for

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training; funding agencies or sections must be prepared to pay for additional costs
such as authorized stopovers for travel in excess of 14 hours. Due to the high cost of
this type of training, employees and supervisors are urged to consider the feasibility,
desirability and lower costs of other forms of training before scheduling training
involving travel. USDH staff should, when possible, schedule FSI training to take
place in conjunction with R&R or other travel to the U.S. In these cases, per diem is
authorized for the training period.

V. Training Plans

Supervisors must regularly review section responsibilities and employee knowledge

and proficiency to identify training needed to enable their section and its individual
members to perform their mission. Employees should discuss their training
requirements with their supervisors so that individual training plans can be
developed based on current position requirements and career development needs.
Supervisors are required to specify recommended training requirements for
subordinates in the LES Performance Evaluation Report (JF-50 for FSN staff, JF-57 for
EFMs) which will serve as a basis for budgeting and expending funds for training.
At the beginning of each rating period, all FSN employees and supervisors should
outline all required and desired training for the upcoming rating period in the
employee's form JF-50A, “Work Development Plan (WDP) for Locally Employed
Staff.” The JF-50A serves as a training “contract” between the supervisor and the
employee, but does not preclude the supervisor or employee from participation in
other training.

After all individual training needs have been established, section chiefs should
consolidate and prioritize these into a single section training plan. Sections will
forward their plans to HR by October 30 each year. The Human Resources Office,
with advice on funding availability from the Financial Management Officer (FMO),
will use these section inputs to construct the overall Mission Training Plan. Since this
plan provides the basis for adjudicating competing training demands, section inputs
should include brief justifications for high-priority courses and candidates.

VI. Registration and Records Keeping

Following established procedures in requesting training and recording completed

training is essential in ensuring successful enrollment and capturing credit for
courses taken.

In order to qualify for training, workshops, or conferences involving travel from the
Mission, employees must have worked at the Mission for a minimum of one year and
attained a “fully successful” or better performance evaluation. Supervisors can

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recommend exceptions to the one-year limitation if the training in question is
deemed essential to the performance of a specific position and cannot reasonably be
delayed until after completion of the initial probationary period of one year.

Under rare circumstances, where the performance of an employee is less than fully
successful and training needs are identified in the Performance Improvement Plan,
training may be approved to bring his/her performance up to acceptable standards.
If the employee’s performance does not attain the “fully successful” or better level
after the training, he/she may be terminated from employment.

For all staff, on-the-job training and cross training can be arranged directly between
the supervisor and the employee and noted in the JF-50A or, for EFMs, JF-57. For
State Department LES, other training must be requested electronically or in writing
via Form DS-755 “Request for Training.” For FSI-provided training, the DS-755 is
directly accessible via the "Apply" block appended to the course description at the
FSI web site. The DS-755 must be approved by both the American supervisor and
the Mission Training Officer, the latter role filled by the Human Resources Officer
(HRO). A signed repayment agreement must be provided as well. In addition to the
information requested on the form, please provide: (1) name of the organization
providing the training; (2) training location; (3) amount of tuition and other related
costs; (4) the hours/dates the classes will be held; and (5) a brief justification for the
training, including how it is relevant to your present job. In Section 27,“Remarks,” of
the DS-755, the employee or supervisor must include the phrase “funding is
available,” which may only be done with the approval from the FMO.

Non-State Department agencies have their own budgets, agency-required training

objectives, and professional development requirements. Accordingly, non-State
agency training requirements do not have to be coordinated and approved by the
Human Resources Officer. However, the Human Resources Office should be advised
of training received and training arrangements must include a repayment
agreement. Copies of course completion documentation should be forwarded to the
HR Office for inclusion in employees' Official Personnel Folders (OPF).

When training available at post is common to all agencies - sessions on EEO policy,
customer service, and safety, for example - the Human Resources Office will invite
all agency participation. Availability depends upon seating limits, student-to-teacher
ratio requirements, and funding restrictions.

VII. Reporting and Knowledge Dissemination

To assist cross-training and maximize training benefits, employees receiving training

at USG expense must agree to report on their course work to the Human Resources
Officer and their supervisor within 30 days of completion of the training.

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Reporting formats are flexible, to best convey the core information received, but
should include:

 A synopsis of the course

 A narrative describing relevant important themes and elements
 A list of course contacts which may be useful to colleagues.

When appropriate, employees may be asked to contribute to or participate in post-

sponsored training derived from or related to courses they have taken. Although
graduates are most likely to be called on to assist in on-the-job and cross-training
efforts, they may also serve as local experts for other training. This will enable
employees to share their knowledge and practice their new skills while enabling
other staff members to benefit from their colleagues' knowledge.

VI. Repayment

Employees will be required to complete Embassy-sponsored training successfully

during the time prescribed by the course providers. Except for an acceptable reason,
an employee must reimburse the Mission for any cost incurred by the U.S.
Government for training that the employee does not complete. The Management
Counselor shall be the final arbiter regarding acceptable justification. Participation in
any course, workshop, seminar, conference, or on-the-job training, abroad or in-
country involving official funding more than USD 500 will require the participant to
sign a repayment agreement, which specifies repayment under any one of the
following conditions:

 If the employee decides to voluntarily leave the Mission’s employment within

one year of completion of the training.

 If the employee decides to discontinue attendance in the training, except

when illness prevents an employee from completing the course or illness of a
family member requires an employee to withdraw from the training. A
doctor’s certificate is required in these circumstances.

 If the employee fails to obtain a passing grade.

 If the employee fails to cancel attendance without sufficient notice to avoid

charges to the U.S. Government, and the reason for non-attendance was
personal and not work-related as determined by the employee’s supervisor.

Because the period of time a locally-employed Eligible Family Member (EFM) is at

post is directly linked to the length of their American Direct Hire sponsor’s tour, an

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EFM could be required to leave less than a year after receiving training. Therefore,
they are not required to sign a repayment agreement.

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 EMBASSY OF THE UNITED STATES OF AMERICA
Jakarta, Indonesia

TRAINING REPAYMENT AGREEMENT

TRAINING COURSE:

TRAINING DATE(S):

TRAINING VENDOR:

TRAINING LOCATION:

TOTAL COST:

I ______________________________________, agree to participate in the above named

training. I agree to successfully complete the training and continue working for the United
States Government for one (1) year following completion of the training.

I agree to provide a report as outlined in the Mission LES Training Policy, and to contribute
to, or participate in, post sponsored training devised from this course.

I agree to reimburse the United States Government through payroll deductions for the full cost
of the training, travel, per diem and other associated expenses, in the following circumstances:

 I decide to voluntarily leave the Mission’s employment prior to completion of the one (1)
year period of service.

 I decide to discontinue attendance in the training. Except when:

a) Illness prevents me from completing the training;
b) Illness of a family member requires me to withdraw from the training.

(Note: A doctor’s certificate is required in these circumstances.)

 I fail to obtain a passing grade.

 I fail to cancel attendance without sufficient notice to avoid charges to the United States
Government, and the reason for non-attendance was personal and not work-related as
determined by my supervisor.

I further authorize the United States Government to withhold any amount still owed from my
final salary payment.

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 (Employee’s signature) (Date)

(Supervisor’s signature) (Date)

(Training Officer’s signature) (Date)

cc: Employee OPF

HR Office

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 Appendix E

U.S. MISSION INDONESIA

Drug Free Workplace Policy
NO. MI-97-07

EFFECTIVE: SEPTEMBER 18, 2007

DRUG FREE WORKPLACE POLICY

Employees of the U.S. Government have always been required to observe the rules of
good moral conduct in their official and personal actions, and to act at all times in
such a way as to reflect credit on the U.S. Government. The purpose of this policy is
to reinforce that the U.S. Mission Indonesia maintains a drug-free workplace, and to
provide additional information in relation to substance abuse.

Introduction

The U.S. Mission Indonesia aims to provide a work environment that ensures the
health, safety, mutual respect and productivity of all employees.

The use of drugs and alcohol may impair an individual’s capacity to perform his/her
job safely, efficiently and with respect for both colleagues and customers. The use of
substances including alcohol and controlled substances (illegal and/or mood-altering
prescription drugs) increases the risk of injury or may pose a threat to the well-being
of the impaired employee, other employees, customers or other parties.

Policy Coverage

U.S. Foreign Service and Civil Service employees are bound by the Department of
State’s Drug-free Workplace Program Plan detailed at 3-FAH-1 H-2110 Exhibit H-
2111. Further guidelines include 3 FAM 1990 (the Department's Alcohol & Drug
Awareness Program) and 3 FAM 4270 which outlines disciplinary action up to and
including separation from service. Section 207 of the Foreign Service Act gives
Chiefs of Mission broad supervisory responsibilities over the USG Executive Branch
employees in the countries to which the Chiefs are accredited. In turn, these
employees are responsible for preventing personal behavior of their family members
that could be dangerous to themselves or others, illegal, embarrassing to the USG, or
detrimental to official United States interests. This policy serves to inform all
employees of the basic provisions in these regulations, and to provide locally-
employed staff (LES) with guidance as to Mission’s policy on alcohol and drug use
both on- and off-duty.

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Policy

U.S. Mission Indonesia has zero-tolerance for the use of illegal drugs inside or
outside the workplace. That is, no locally-engaged or direct-hire employee or eligible
family member of a direct-hire American employee shall use illegal drugs at work or
outside the workplace. Further, no employee shall begin the work day while
impaired, become impaired at work, or return to work following a break while under
the influence of alcohol or drugs.

Impairment of an employee’s normal physical and mental abilities or faculties is

defined as a detrimental effect caused by the use of a substance.

For LES, the consequences of breaching this policy will be severe disciplinary action
(as detailed in the Foreign Service National Handbook). Further, the use, possession,
transfer, or sale of illegal drugs on Mission premises is prohibited, and employees
who violate this policy are subject to immediate dismissal.

For American direct-hire employees and their EFMs, the consequences of breaching
this policy may be equally severe but are determined by their home agencies at the
Washington level. Chiefs of Mission are, however, able to request the removal of any
employee and/or EFM whose conduct is deemed unsuitable and prejudicial to
continuation as part of the U.S. Mission to Indonesia.

The use of certain drugs in Indonesia, including marijuana/cannabis, is illegal. Any

LES found to be in possession of, using, or under the influence of illegal substances
outside the workplace may also face immediate dismissal.

The use of alcohol in the workplace is prohibited in accordance with 41 CFR 101. The
workplace is defined as any office in which USG employees have their principal
place of work. A formal request from the section chief or agency head hosting the
function that may serve alcoholic beverages must be submitted through the
Management Counselor or Consul General for approval in advance of the function
date. If approval is granted, the service of alcoholic beverages at such functions must
be overseen by the U.S. officer who requested approval and be handled in good taste
and with good judgment.

Substance Misuse, Abuse & Addiction – Overview, Responsibilities,

Rehabilitation

The U.S. Mission Indonesia is aware that substance abuse and substance dependency
are complex health problems that have a physical and emotional impact on
employees, their families, and social relationships. Substance abuse and dependence
are medical problems that require Health Unit interventions. The behaviors

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associated with substance abuse and dependence are management problems that
may require administrative interventions.

Nicotine and caffeine use, abuse and dependency are not considered substance abuse
under this policy.

An employee who has concerns about another employee's safety, job performance,
and/or reliability because of alcohol or other drug use should discuss the situation
with the Embassy Health Unit. If the employee is comfortable discussing it with
his/her supervisor, that is also an appropriate course of action.

The Embassy Health Unit can assist in locating suitable recovery and rehabilitation
programs for employees who wish to end their (or, in the case of American
employees, their family members') substance abuse and/or dependency. Voluntary
successful participation in a recovery or rehabilitation program by an employee may
be a mitigating factor in any disciplinary action depending on the facts and
circumstances of each individual case. In some cases, disciplinary action may be
suspended or the employee placed on probation pending receipt of a positive report
on the employee's successful completion of a recovery program, along with a plan for
follow-up review. For a LES, continued employment would depend upon full
participation in the follow-up as reported by the medical professional. Employees
must sign a medical release statement so that local medical care providers may give
the Embassy Health Unit information required for Mission Indonesia management to
assess a LES's suitability for continued employment.

Contact with the Post Medical Officer will be considered medically privileged and
confidential within the appropriate medical channels of the Department of State.
Individuals who present themselves voluntarily to the Health Unit for treatment of
alcohol or drug use will be given compassionate, professional and confidential help.
The problem will be handled strictly as a medical issue, unless it involves an immediate
danger to oneself or others. Alcohol abusers and experimental illicit drug users will at a
minimum be required to attend and faithfully adhere to local counseling arranged
through the Health Unit. Individuals (and the employee, in the case of a family
member) who, after having been informed of the protections of the Foreign Affairs
Manual (3 FAM 1990), refuse professional evaluation or treatment will be apprised of
the risks of continued usage, and of the potential impact on their medical clearances
and ability to remain at post.

Prescription Drugs

Employees who are taking prescription drugs should check with their doctor to
establish if the use of the drugs will affect their work performance. If this is the case,
employees must obtain written advice on the nature and duration of this effect and

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report the details to their supervisor (especially if their work includes driving,
operating heavy equipment or equipment/activities that involve use of toxic and/or
combustible materials and/or electricity). This is for the protection of the employee
and for the safety of others in the event of an adverse reaction to the drug while at
work, and will also ensure that the employee is not falsely suspected or accused of
being under the influence of an illegal substance or alcohol.

Failure of an employee to notify their supervisor that they are taking prescription
medication which could impact on their work performance will be considered a
breach of this policy.

Official Vehicle Use

No one under the influence of alcohol or drugs may drive an official vehicle. The
U.S. Mission Indonesia reserves the right to notify local law enforcement authorities
should an employee drive an official vehicle while impaired. The Mission will fully
investigate contributory negligence for any damage caused to an official Embassy
vehicle, injury to any person, or damage or injury to any third party, incurred while
the driver of the U.S. Mission Indonesia vehicle is in breach of this policy or of the
law. Such an investigation may result in the employee being held responsible for a
portion of the costs, in addition to any disciplinary action the employee may receive.

Pre-Employment Screening

To alert applicants to the U.S. Government’s policy, all vacancy announcements

include the statement that “The U.S. Mission Indonesia maintains a drug-free
workplace.”

Upon receipt of a preliminary offer of employment, prospective employees are

required to complete a security package and medical form, sections of which relate to
drug and alcohol use.

Deliberate concealment of information prior to or during employment shall be cause

for disqualification or immediate dismissal.

Applicants who have a past history of substance abuse are not necessarily excluded
from employment. Applicants who have demonstrated an ability to abstain from the
substance may be considered for employment providing they are qualified for the
position for which they are applying. The final decision on suitability rests with the
Human Resources Officer in consultation with the Regional Security Officer.

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Drug Testing

The Embassy reserves the right to test employees at work for use and abuse of
substances in the following circumstances:

- when there is a reasonable suspicion that the employee uses illegal drugs
whether on- or off-duty (based on observation; a pattern of abnormal
conduct or erratic behavior; an arrest or conviction for a drug-related
offense; or information as to illegal drug use provided by reliable and
credible sources); and where an employee is reasonably suspected of
having caused or contributed to an accident that results in death or
personal injury requiring hospitalization, or the accident results in damage
to U.S. Government and/or private property estimated to be in excess of
US$10,000.

PRIVACY

The U.S. Mission Indonesia is concerned with employees’ privacy, especially in

matters involving medical and personal information.

When an employee is involved in the use, possession, transfer or sale of a substance

in violation of this policy, the Mission may be entitled to notify the appropriate
authorities. Such notification would only be given after the matter had been fully
investigated by senior management.

Provided the information is not needed for police or security purposes, the U.S.
Mission Indonesia shall maintain employee medical and personal information in
confidence and only release this information to authorized Mission personnel on a
"need to know" basis. An exception may be made to this policy when the employee
signs a release for the transfer of such information to designated persons or agencies.

Smoking

The U.S. Mission Indonesia observes a smoke-free workplace, which includes official
vehicles. Designated smoking areas are available outside the Embassy and
Consulates for smokers to use. Information on smoking cessation, including the
publication “Set Your Self Free – Deciding To Quit: A Smoker’s Guide,” is available
from the Embassy Health Unit on 3435-9915.

Support

Information on drug and alcohol treatment programs is available from the Embassy
Health Unit.

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 Appendix F

U.S. Embassy Management Instruction

No MI - 66.
October 18, 2007

LEAVE PROCEDURES

Timekeepers are responsible for maintaining time and attendance files and Forms
OPM-71, Application for Leave for a period of three years. Supervisors should
periodically review an employee’s leave balance to be sure employees are not
exceeding allowable limits.

Annual Leave

Requests for annual leave must be submitted to the approving official 48 hours in
advance on form OPM-71, Application for Leave. In the case of an emergency, the
employee must notify the approving official as soon as possible of the leave requests.
Supervisors should determine specifically how much time the employee is asking for
and when the employee will return to work. Supervisors should never approve an
open-ended request. The employee must give supervisors sufficient information for
them to make an informed decision. If the employee refuses to cooperate,
supervisors may deny the leave request. This will be charged as AWOL (Absence
Without Leave). If emergency leave is approved, the OPM-71 must be completed
and approved upon return to the office.

Advance Annual Leave

Employees may be advanced annual leave not in excess of the amount the employee
would earn during the remainder of the leave year. The request must be submitted
in writing to the Human Resources Officer through the employee’s supervisor.
Applications for advance annual leave are considered upon the merits of the
individual case.

Sick Leave

When circumstances permit requests for sick leave for medical, dental or optical
examination or treatment must be submitted in advance on form OPM-71. The
employee’s own certification as to reasons for absence on account of illness normally
will be accepted for absence of 3 workdays or less. If the supervisor has reason to
believe that the employee is improperly using sick leave, acceptable evidence may be
requested by the supervisor for an absence of less than 3 workdays. Form OPM-71

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must be completed upon the employee’s return to work. It is not acceptable for an
employee to call in and leave an audio message outside of normal working hours.

If you cannot reach someone in the office and are too ill to continue trying, leave a
message with a phone number where you can be reached and try again later in the
day to reach your supervisor. LES employees should refer to the Local Leave Plan
stipulated in the FSN Handbook for specific requirements for use of short-term and
long-term sick leave.

Maternity Leave

LES employees under the US style leave plan are charged sick leave, annual and
leave without pay, as appropriate. Maternity leave is separate category for LES
employees under the Local Leave Plan. Supervisors may not deny or cancel
maternity leave.

Leave Without Pay (LWOP)

LWOP is a nonpay status, which may be granted upon the employee’s request. It is
not a disciplinary action. Requests must be submitted on OPM-71. The approving
official may approve 80 hours or less. Requests exceeding 80 hours must be
submitted to the Human Resources Officer through the supervisor, on form OPM-71
accompanied by a written justification.

Absence Without Leave (AWOL)

An absence from duty that is not authorized or approved (including leave that is not
approved until required documentation is submitted), or for which a leave request
has been denied, is properly recorded as AWOL. The Human Resources Officer can
assist supervisors in preparation of a memorandum to the employee advising them
that their absence be charged as AWOL. It will be recorded in WINTA as AWOL.
Repeated Absence Without Leave may result in disciplinary actions up to removal.

Leave Restoration

Requests for leave restoration must be submitted with required documentation (i.e.,
the OPM-71, Application for Leave and written evidence of denial or cancellation).
Such request goes through the supervisory channels to the Human Resources Officer,
who has been delegated authority to approve the restoration of annual leave. The
governing statute and regulations do not permit exceptions for the required
documentation. This means that if the required documentation is not submitted,
there is no basis for restoring annual leave. Leave restoration requests should be

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submitted through appropriate channels within 90 days after the completion of the
leave year. Exceptions to the 90-day policy are on a case-by-case basis and will
require full documentation specifying the reasons for the delay.

If you need any further guidance on any of the above, please contact the Human
Resources Officer.

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 Appendix G

U.S. EMBASSY MANAGEMENT INSTRUCTION

No. 25
Replaces MI No. 25 issued on May 8, 2006
Jakarta, Indonesia
April 11, 2008

SUBJECT: DEPARTMENT OF STATE’S POLICY ON

DISCRIMINATORY AND SEXUAL HARASSMENT
Reference: State 57839

This replaces the Management Notice No. 36, February 3, 2004.

Reference cable contains Secretary’s Rice Policy Statement on Discriminatory and
Sexual Harassment. Below is the text from the cable:

The mission of the Department of State is to develop a vision and implement global
policies that will spread freedom and prosperity. Our success is dependent on
ensuring a positive, supportive work environment where all employees can
contribute to our mission without fear of harassment or intimidation. Discriminatory
and sexual harassment are direct affronts to the principles of democracy, liberty,
respect, and dignity that are at the core of our American identity. They undermine
the integrity of our workplace and weaken our ability to lead and manage our people
and programs. The Department of State is committed to a work environment that is
free of discriminatory and sexual harassment. All managers and supervisors will be
held responsible for ensuring that the workplace is free from discriminatory or
sexual harassment and that appropriate action is taken when allegations of
wrongdoing are brought to their attention. I urge all employees to review the
Department's existing policies on sexual harassment and discriminatory harassment,
which are available on the Website of the Office of Civil Rights:
(http://socr.state.gov). We cannot fail in this responsibility. In order to focus our
energy on the Department's worldwide mission, we must ensure a workplace that
values all of our employees. Please see Appendix A for the Department’s policy on
Discriminatory Harassment and Sexual Harassment.

APPENDIX A

DISCRIMINATORY HARASSMENT POLICY

Department of State
The Department of State is committed to providing a workplace that is free from
discriminatory harassment. Employees must not harass anyone because of race,

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color, gender, national origin, religion, physical or mental disability, sexual
orientation, or because the person is over 40 years old.

Employees also must not harass someone for opposing discrimination or for
participating in the discrimination complaint process. All Department employees,
including but not limited to staff, supervisors, and senior officials, must comply with
this policy. All employees are also expected to take appropriate measures to prevent
discriminatory harassment.
Employees who believe they are being harassed for one of the reasons listed above or
who witness potential harassment are encouraged to report it so that the conduct can
be stopped before it becomes severe or pervasive and rises to a possible violation of
law.

What Is Discriminatory Harassment?

Discriminatory harassment is verbal or physical conduct that denigrates or shows
hostility toward an individual because of his or her race, color, gender, national
origin, religion, age (over 40), physical or mental disability, sexual orientation, or
because of his or her opposition to discrimination or his or her participation in the
discrimination complaint process. In general, harassment is against the law when it
creates an intimidating, hostile, or offensive working environment, or when it
interferes with an individual’s work performance. Some examples of conduct that
might constitute harassment include: · racial epithets, "jokes," offensive or derogatory
comments, or other verbal or physical conduct based on an individual's race/color; ·
ethnic slurs, workplace graffiti, or other offensive conduct directed towards an
individual's birthplace, ethnicity, culture, or foreign accent; verbal or physical abuse,
“jokes” or offensive comments based on an individual’s age, gender, disability, or
sexual orientation; and making, posting, emailing, or circulating demeaning or
offensive pictures, cartoons or other materials in the workplace that relate to race,
ethnic origin, gender or one of the other protected categories listed above. The
harasser can be a supervisor, coworker, other Department employee, or a
nonemployee who has a business relationship with the Department.

The Department’s Responsibilities Under This Policy

If the Department receives an allegation of discriminatory harassment, or has reason
to believe such harassment is occurring, it will take the steps necessary to ensure that
the matter is promptly investigated and addressed. If the allegation is determined to
be credible, the Department will take immediate and effective measures to end the
unwelcome behavior. The Department is committed to taking action if it learns of
possible discriminatory harassment, even if the individual does not wish to file a
formal complaint. The Office of Civil Rights (S/OCR) is the main contact point for
questions or concerns about discriminatory harassment. S/OCR is responsible for
investigating or overseeing investigations of alleged discriminatory harassment.
S/OCR is committed to ensuring that all investigations are conducted in a prompt,

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thorough, and impartial manner. Supervisors and other responsible Department
officials who observe, are informed of, or reasonably suspect incidents of possible
discriminatory harassment must immediately report such incidents to S/OCR, which
will either initiate or oversee a prompt investigation. Failure to report such incidents
to S/OCR will be considered a violation of this policy and may result in disciplinary
action. S/OCR will provide guidance as needed on investigating and handling the
potential harassment.
Supervisors should take effective measures to ensure no further apparent or alleged
harassment occurs pending completion of an investigation. The Department will seek
to protect the identities of the alleged victim and harasser, except as reasonably
necessary (for example, to complete an investigation successfully). The Department
will also take the necessary steps to protect from retaliation those employees who in
good faith report incidents of potential discriminatory harassment. It is a violation of
both federal law and this policy to retaliate against someone who has reported
unlawful harassment. Violators may be subject to discipline. Employees who have
been found by the Department to have discriminatorily harassed others may be
subject to discipline or other appropriate management action. Discipline will be
appropriate to the circumstances,
ranging from a letter of reprimand to suspensions without pay to separation for
cause. A verbal or written admonishment, while not considered formal discipline,
may also be considered.

Employees’ Rights and Responsibilities Under This Policy

Any employee who believes he or she has been the target of discriminatory
harassment is encouraged to inform the offending person orally or in writing that
such conduct is unwelcome and offensive and must stop. If the employee does not
wish to communicate directly with the offending person, or if such communication
has been ineffective, the employee has multiple avenues for reporting allegations of
discriminatory harassment and/or pursuing resolution. Employees are encouraged
to report the unwelcome conduct as soon as possible to a responsible Department
official. It is usually most effective–although it is not required–that the official be
within the employee’s supervisory chain. Responsible Department officials include
first or second line supervisors, the offending person’s supervisor, the post’s
management officers, the bureau’s Executive Director, and the Office of Civil Rights
(S/OCR). In addition to reporting harassment concerns to a responsible Department
official, employees who believe they have been subjected to discriminatory
harassment may choose to pursue resolution in several other ways, including:
Mediation: Mediation is an informal way to resolve office problems using a trained
mediator who facilitates communication between the parties to the dispute. If an
employee chooses to attempt resolution through mediation, management is obligated
by Department policy to send a representative to the table. If a resolution is not

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reached, the parties may continue to pursue their rights in any other appropriate
forum. Employees may ask for the assistance of a mediator by contacting S/OCR.

Grievances: Civil Service employees who are covered by a negotiated grievance

procedure may have the option to file a grievance alleging discriminatory
harassment if permitted by the governing collective bargaining agreement. Civil
Servants who are not covered by a negotiated grievance procedure generally may not
bring grievances alleging discriminatory harassment. Members of the Foreign Service
may file grievances on EEO matters; however, pursuant to 3 FAM 4428, they must
elect to file either a grievance or an EEO complaint.

If a Foreign Service employee elects to file a grievance, the Grievance Staff (HR/G)
will investigate the allegations and recommend a resolution to the Deputy Assistant
Secretary responsible for rendering the agency decision on grievances.

EEO processes: All U.S. citizen employees or U.S. citizen applicants for employment
may file an Equal Employment Opportunity (EEO) complaint with the Department.
Individuals who wish to file an EEO complaint must consult a Department of State
EEO counselor within 45 days of the most recent harassing incident. A list of EEO
counselors is available on S/OCR’s website at socr.state.gov. It is recommended, but
it is not necessary, for an employee to complain to his/her supervisor or other
responsible official before approaching an EEO counselor. (Note: Personal services
contractors and third-party contractors may not, depending on the circumstances, be
able to pursue an EEO claim against the Department; they may contact S/OCR for
guidance.)

Processes for Foreign Service Nationals (FSNs): Issues raised by FSNs are handled
according to complaint processing procedures available on the S/OCR website at
socr.state.gov. FSNs with questions about post procedures should contact the post’s
senior management officer, the Human Resources Officer, and/or designated EEO
counselor. FSNs may also contact S/OCR for guidance.

Sexual Orientation Complaints: Persons bringing sexual orientation complaints may

not use the EEO process, because such complaints are not covered by civil rights
laws. The Department, however, has prohibited sexual orientation discrimination as
a policy matter, and has established a comprehensive complaints process for such
situations. The process is explained in the Foreign Affairs Handbook at 3 FAH1
H1520. Employees may also be able to use a negotiated grievance procedure, or
appeal to the Merit Systems Protection Board or the Office of Special Counsel. More
information about the informal resolution and formal complaint
processes is available on the S/OCR website at socr.state.gov.

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Contact Information
S/OCR can be contacted by telephone at (202) 6479294 or (202) 6479295, or by email
at socr_direct@state.gov.
A list of EEO counselors is available on S/OCR’s website at socr.state.gov.

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 Appendix H

U.S. EMBASSY MANAGEMENT NOTICE

Jakarta, Indonesia
Subject: Compensatory Time for Official Travel – Locally
Employed Staff
11/13/2008 Number 103-08 Ref: 06 State 75136

We are pleased to announce the establishment of a new “Compensatory Time for

Official Travel “policy for locally employed (LE) staff. All agencies at Post have
approved this new policy. Effective November 15, 2008, all LE employees (FSNs and
locally hired Americans) are eligible to earn compensatory time for official travel
time that is not otherwise compensable hours of duty. Provided below are details of
the plan.

Description
Compensatory time off for official travel is earned by an employee for time spent in a
travel status away from the employee's official duty station when such time is not
otherwise compensable hours of duty. Compensable periods of time mean periods of
time that are creditable as hours of work for the purpose of determining a specific
pay entitlement. If the hours of official travel were outside the employee’s regular
duty hours or holiday, the employee would be entitled to compensatory time off and
the employee's rate of basic pay. Hours of travel are not creditable if they are already
compensated by basic pay or under other provisions. Employees are encouraged to
perform official travel during regular duty hours, whenever practical. Similarly,
supervisors should make every effort to schedule official travel during regular duty
hours. An employee who intends to submit a claim for earned compensatory time for
official travel performed outside regular duty hours will not be authorized business
class travel for flights over 14 hours. Requests for compensatory time off must be
scheduled and approved in advance. Supervisors may not adjust an employee's
regularly scheduled administrative work week solely for the purpose of including
planned travel time that would not otherwise be considered compensable hours of
work. For example: if an employee is required to travel on a Saturday, which is
normally a day off, the supervisor cannot change the administrative work week to be
Tuesday - Saturday, making Saturday a compensable day and thus making that day
ineligible for comp time for travel. Employees who travel with stopovers (in lieu of
direct travel) in which additional government expenses incur (i.e. per diem), are not
eligible to earn compensatory time off. This plan does not apply to employees who
are on non-government U.S. - funded travel.

Creditable Travel
To be creditable under this plan, travel must be officially authorized. In other words,
travel must be for work purposes and must be approved by an authorized agency

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official or otherwise authorized under established agency policies. For the purpose
of compensatory time off for travel, time in travel status includes:

• Time spent traveling between the official duty station and a temporary duty station
(e.g., Foreign Affairs Agencies, Foreign Service Institute);
• Time spent traveling between two temporary duty stations; and
• The usual waiting time that precedes or interrupts such travel (e.g., waiting at an
airport or train station prior to departure). An employee may claim no more than 2
hours prior to scheduled flight time for domestic travel and no more than 3 hours for
overseas travel. If the flight is delayed through no fault of the employee, and the
employee is at the airport and had to wait, the employee can still claim for the full
amount, even if it exceeds the 2 – 3 hours. An extended waiting period, i.e., an
unusually long wait during which the employee is free to rest, sleep, or otherwise
use the time for his or her own purposes, is not considered time in a travel status.

Commuting Time
Travel outside of regular working hours between an employee's home and a
temporary duty station or transportation terminal outside the limits of at least 50
miles/80 kms of his or her official duty station is considered creditable travel time.
However, the employee's normal home-to-work/work-to-home commuting time will
be deducted from the creditable travel time. Travel outside of regular working hours
between a worksite and a transportation terminal is creditable travel time, and no
commuting time offset applies. Travel outside of regular working hours to or from a
transportation terminal within the limits of the employee's official duty station is
considered equivalent to commuting time and is not creditable travel time.

Crediting and Usage

Compensatory time for travel is credited and used in minimum increments of one-
quarter of an hour (15 minutes). This category of compensatory time earned will be
maintained separately from compensatory time earned for compensable hours of
duty in lieu of overtime pay. Employees must request credit for earned
compensatory time for official travel in writing to their supervisor no later than 30
calendar days after the completion of the official travel. If earned compensatory time
is used in lieu of accrued annual leave, management will not approve restoration of
an equal number of "use or lose" annual leave hours. Accumulated compensatory
time for travel will not be approved for use while the employee is in travel status if
the government must incur additional costs, e.g., for per diem.

Forfeiture
The employee must follow the Mission's established procedures for requesting
approval to use earned compensatory time. Compensatory time for travel is forfeited
if not used within 26 pay periods after the pay period in which it was earned; upon
transfer to another agency; and upon separation from the Mission. Under no

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circumstances may an employee receive payment for unused compensatory time off
for travel. The Department will not approve any exceptions.

If you have any questions, please contact Matthew Weiller (x9019) or Tony
Blenke (x9016).

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 Appendix I

SEPARATION NOTICE PLAN

Authorized May 1, 1994

Under the authority contained in 3 FAM 7341 and consistent with prevailing
employment practices in Indonesia and subsequently authorized by 94 STATE 47097,
separation notice in cases of involuntary separations and Reduction-In-Force was
authorized as of May 1, 1994, to eligible foreign service national (FSN) employees of
all U.S. Government agencies following the mission’s joint local compensation plan,
subject to the following rules:

I. Applicability

This plan is applicable to full-time direct hire employees under non-temporary

appointments, personal services agreement and personal services contract
employees.

Excluded from coverage are part-time employees, employees under “temporary”

appointments, non-personal services contract personnel and their employees
supplied by an independent contractor licensed to do business in Indonesia who
provides services to other local organizations as well as to the U.S. Mission,
employees of USAID institutional contractors, Peace Corps Personal Services
Contractors as required; domestic servants at official residences.
(Amended August 1, 1998)

Persons separated prior to the effective date of this plan, regardless of type of
employment, are not entitled to separation notice for their prior service under the
terms of this plan. Separation notice entitlements for these employees will be in
accordance with this plan, if any, in effect at the time of their separation.

II. Amount of notice

To the extent possible, eligible employees separated by the mission will be given one
month’s written notice of separation from the mission. An employee who
voluntarily resigns or retires is requested to give the mission one month’s written
notice as well.

III. Eligibility requirements for separation notice from the mission.

All employees paid under the terms of the joint local compensation plan and whose
employment with the U.S. Government is terminated by the mission are eligible for

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separation notice from the mission, except:

A. Those who are separated for cause;

B. Those who died in service or voluntarily leave the service, including by voluntary
retirement;
C. Those who are separated from temporary appointments;
D. Those who are separated from full-time employment and are re-employed,
without a break in service, under part-time appointments, or vice versa;
E. Those whose personal services contract/personal service agreement expired and
the contract is to be renewed or the employee transfers to a direct hire position
without a break in service of more than three calendar days.

IV. Payment in lieu of notice

If the mission terminates employment before the end of the required period of notice
due from the employer, mission will reimburse the employee for the remainder of
the period of notice.

Payment in lieu of notice will be computed on the basis of the employee’s salary at
the time of separation. Irregular or occasional payments such as bonus and premium
pay will not be included in the calculation.

V. Appeals

If the disputes arise involving notice entitlements or requirements, the employee has
the right to appeal to the ambassador or designee. The decision of the ambassador or
designee shall be final. Rules governing grievance appeals are at the mission human
resources office.

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 Appendix J

U.S. EMBASSY MANAGEMENT NOTICE

To: All Embassy Employees
Subject: Workman’s Compensation
10/31/08 Number 105-08 Ref: 08 STATE 094881

Attached, please find an important cable outlining your entitlement to coverage

under the Federal Employees Compensation Act (FECA). Under FECA, all
employees are covered for traumatic injury and occupational illness/disease
acquired while on the job. It is imperative that any and all such conditions be
reported immediately to your supervisor and the Human Resources (HR) Office.
Your points of contact in HR are Matt Weiller (x9019) and Pak Rahardjo (x9529).
Please note that failure to report traumatic injuries or occupational illnesses/diseases
in a timely fashion (as outlined in the cable) could disqualify staff from receiving
FECA benefits. We appreciate your continued attention to and awareness of FECA.

1. SUMMARY: The Federal Employees' Compensation Act (FECA) is the law that
provides benefits for USG civilian employees who have suffered work-related
injuries, illnesses/conditions, or death. The primary office responsible for
representing State employees to the U.S. Department of Labor, Office of Workers'
Compensation Programs (DOL/OWCP) is the Office of Employee Relations,
Employee Programs Division (HR/ER/EP). Other agency employees must file for
OWCP benefits with their own agencies.

2. NOTICE OF TRAUMATIC INJURY and Claim for Continuation

Pay/Compensation(CA-1): To apply for workers' compensation benefits for a
traumatic injury, employees and supervisors/Post representatives must complete
OWCP Form CA-1, supplying supporting medical documentation, if available at the
time, within 48 hours of injury in order to meet the timely filing deadline set by DOL.
If the medical documentation is not immediately available, it should be faxed
separately within 10 business days of submitting the CA-1. HR/ER/EP's fax number
for overseas claims is 202-261-8186. DO NOT DELAY the submission of the CA-1
under any circumstances, and promptly send an e-mail notification of the injury or
illness to WorkersCompensation@state.gov along with an explanation to account for
any delayed filings, as appropriate. To be eligible for Continuation of Pay (COP)
during the first 45 calendar days following the injury/illness date, if disabled, the
employee must provide supporting medical documentation to Post, and Post must
record the employee as having an Excused Absence (XA) for overseas time and
attendance reporting during the period. The employee must not be charged sick or
annual leave during the COP period.

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3. NOTICE OF OCCUPATIONAL ILLNESS/DISEASE (CA-2): CA-2 claim forms
must be used for reporting occupational illnesses and diseases, such as back
conditions that have developed over time, including Post Traumatic Stress Disorder
(PTSD) and other mental health conditions. The CA-2 claim form must be filed as
soon as the injured worker becomes aware that the occupational illness or disease is
connected to employment. COP does NOT apply to CA-2 claims.

4. HIGHLIGHTS OF HR WORKERS' COMPENSATION WEBSITE: We are pleased

to announce recent updates to our HR website on workers' compensation. They
include new policy guidance on PTSD claims, electronic fill-able CA-1, CA-2 and CA-
7 (Claim for Compensation) Forms; the OIG referral process for suspected incidents
of fraud and abuse; current Standard Operating Procedures (SOPs); Frequently
Asked Questions (FAQs); and Online Training for Post HR administrators, Med
personnel and supervisors. All claim forms, and comprehensive guidance can be
found in the Workers' Compensation Preparedness Kit located on the HR Intranet
websiteat: http://hrweb.hr.state.gov/er/employment/Workcomp/WorkComp.cfm.
Bookmark this website for future reference.

5. RESPONSIBILITIES OF OVERSEAS POSTS, MED/OH AND THE

BUREAU REGIONAL BUREAU EXECUTIVE COORDINATORS:

Overseas employees have a regional bureau executive office coordinator as a liaison

on workers' compensation claim filings and claims status. They should receive
information copies on all claim forms faxed to HR/ER/EP. The primary
responsibilities of coordinators, MED's Nurse Case Manager, Post HROs and
management officers are to monitor claims and return employees to work by helping
to identify suitable work within the employee's medical limitations as noted by the
employee's treating doctor. E-mail MEDOccupationalHealthUnit@state.gov for
medical questions and assistance. Overseas employees may contact their regional
bureau coordinators who have access to OWCP's Agency Query System (AQS) for
more detailed claim information, claim numbers, bill payments and general case
status. Workers' compensation benefits under FECA do not represent a retirement
program. Employees are expected to return to work once their treating doctor
releases them. Work restrictions should be documented for any accommodation
needs that should be addressed to HR/ER/WLP (Work Life Programs Division).
Claim form CA-17, Work Duty Status, would be helpful to facilitate return-towork,
in addition to MED's Medical Questionnaire. The Presidential SHARE INITIATIVE
(Safety, Health, and Return to Work) was recently extended by Executive Order
through 2010. This means all Federal Agencies are charged with the task of reducing
lost time at work and productivity due to a work related injury or illness. MED's
Nurse Case Manager M/MED/DASHO/OH) is available to help overseas HR

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officers and employees with overseas cases with returning to work and assembling
supporting medical information. The Nurse Case Manager collects medical evidence
that supports the claim and monitors the employees' recovery. Early case
management intervention can expedite an employee's return to work.

6. CA-16 CLAIM FORM FOR MEDICAL EMERGENCIES: Employees in need of

emergency medical care due to traumatic injuries should immediately obtain a
completed CA-16 form (Authorization for Examination and/or Treatment) from the
bureau's Workers' Compensation Coordinator or Post Human Resources or
Management Officer for completion by the treating doctor or medical emergency
room. Although overseas hospitals and doctors may not accept these forms and
require cash payment from the injured employee, which may require Post
intervention and assistance, the CA-16 assures the employee that OWCP is obligated
to pay medical expenses if the claim is eventually accepted. Post Health Unit staff can
also complete this form and provide it to the injured employee for completion by the
treating doctor or hospital emergency room when receiving medical treatment.
OWCP encourages the use of this form when applicable. For Posts in Iraq and
Afghanistan, we strongly encourage the issuance of CA-16s for all clearly work-
related traumatic injuries to ensure prompt medical treatment and overseas bill
payment. This completed form must go with the employee to the medical care
provider when the employee seeks emergency care and should be forwarded to
OWCP to document medical treatment. The CA-16 must accompany all MEDEVACS
immediately following an incident. Attached to the form is an Attending Physician's
Statement for completion by the treating doctor or emergency room physician. The
CA-16 form obligates OWCP to pay emergency medical expenses for up to 60 days if
the claim is accepted by OWCP, avoiding the need for medical pre-authorizations
and other disruptions in the flow of medical care. When CA-16 forms are properly
completed, no OWCP medical preauthorizations for emergency medical or surgical
care are necessary during the covered period. A copy of the CA-16 must be faxed in
addition to the CA-1 to HR/ER/EP at 202-261-8186. The issuance of the CA-16 will
ensure reimbursement of all out-of-pocket expenses either paid by the injured
worker or Post. If the claim is not accepted by OWCP, medical bills will revert back
to the employee's private insurance for payment. Bureau coordinators are available
to help sort out billing problems. Post HROs and management officers are available
to help with overseas billing issues. Medical bills and reimbursement requests should
be faxed directly to OWCP's Cleveland District Office at 216-357-5378. Note: In non-
medical emergencies, use the CA-20, Attending Physician's Statement.

7. NEW CLAIMANT QUERY SYSTEM (CQS): This system was developed by DOL
and is now available to employees who have filed a claim and have a claim number.
It enables the employee to independently navigate through the workers'
compensation process. It is designed to provide injured workers with 24-hour access

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to their case file status; accepted conditions; address of record; compensation claim
status; and compensation payments, dates, and periods covered. The CQS also
provides a link to specific information on medical billings, reimbursement requests,
and eligibility and authorization inquiries. Future enhancements are planned. State
has subscribed to this service as a benefit to our employees. To get started, just type
https://www.nfc.usda.gov/personal/ep_warning.asp and once you get to the
"warning" screen, click on "ACCEPT."

8. MISHAP REPORTING: Human Resource Officers, upon initial notification of a

Workers' Compensation case, must also immediately inform the Post Occupational
Safety and Health Officer (POSHO) (15 FAM 964.4d) to ensure that a mishap report is
completed and forwarded to SHEM. Injuries, illnesses or diseases must be reported
to SHEM on Form DS-1663, Report of Mishap. Injuries that are the result of a motor
vehicle mishap, involving any vehicle under COM authority (including privately-
owned vehicles being used for official business) also require a DS-1664, Overseas
Motor Vehicle Mishap Report. Please note that a DS-1663 is not a worker’s
compensation claim form. The POSHO is responsible for ensuring that mishaps are
investigated, the appropriate corrective actions are being taken, and the DS-1663
and/or DS-1664 is forwarded to SHEM. Class A or B mishaps resulting in a fatality,
inpatient/overnight hospitalization, lost time mishap involving three or more
employees, or property/environmental damage greater than $50k must be reported
to OBO/OPS/SHEM within 12 hours of occurrence by telephone, 703-875-4137, cable
(use KSAF tag), or fax, 703-516-1787.

9. COP (CONTINUATION OF PAY) PERIOD IMMEDIATELY FOLLOWING WORK

INJURY: Beginning the date after the traumatic injury, employees are entitled to COP
(Continuation of Pay) for up to 45 calendar days, provided that supporting medical
documentation (i.e., CA-16 or CA-20) is presented and accepted by the bureau
coordinator, Post HRO, or Management Officer within 10 work days of injury and a
claim form is filed within 30 days of injury. If the bureau and/or OWCP determine
that supporting medical documentation for absences is insufficient (i.e., lacking a
complete diagnosis and prognosis), additional information may be required to
support absences for COP eligibility. Lack of cooperation will require the employee
to return to work or use annual leave or Leave Without Pay (LWOP), as even
requests for sick leave of over 3 days also requires medical documentation. Requests
for limited duty or accommodation must be supported by medical evidence and
medical work restrictions, such as a treating doctor's certification, the CA-17 (Work
Duty Status), CA-20, or MED's Medical Questionnaire (DS-6546). Otherwise the
employee is expected to report to work fulltime, unrestricted duty. Employees must
not be charged annual/sick leave or LWOP during the 45 calendar day COP
eligibility period when there is sufficient supporting medical documentation. All
work injury medical absences must have supporting medical documentation in

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accordance with 3 FAM regulations and FECA. Again, employees have a
responsibility for keeping their supervisors and managers informed, in writing, and
return to work upon medical release.

10. RESPONSIBILITY FOR OVERSEAS BILLINGS AND MEDICAL

PREAUTHORIZATIONS:

Overseas billing inquiries, all follow-up correspondence and medical pre-

authorization requests must be faxed directly to OWCP's Cleveland District Office at
216-357-5378. Note: Only the initial CA-1 or CA-2 claim form must be faxed to
HR/ER/EP by Post to establish the new case with OWCP and obtain a claim
number.

Please allow a reasonable time for bill processing and pre-authorization requests.
Bills paid by the injured worker or Post to expedite medical care, may be submitted
to OWCP for reimbursement, if the claimant's medical condition(s) has been accepted
by OWCP. All correspondence with OWCP concerning bills must be accompanied by
a cover letter, Form CA-915 (if reimbursement is needed), a copy of the bill as receipt
of proof of payment, and a copy of the corresponding medical report with the claim
number, claimant's name and date of injury on the top right corner of each
document. Preauthorization requests must be accompanied by medical reports and
diagnostic studies that objectively support the request. As with bills, the employee’s
name and claim number must appear on each document being faxed, on the top right
hand corner. 11. Any employee interested in applying for disability retirement due to
permanent debilitating work injuries or illnesses should contact HR/RET or the
bureau executive office representative. OWCP's workers' compensation benefits are
not a retirement program. If you elect to remain on OWCP's wage loss disability
rolls, for instance, annual certification of disability will be required, with the prospect
of being asked to return to work when cleared for work by the treating physician.

12. For domestic injuries, refer to our comprehensive Standard Operating Procedures
(SOPs) online. See the OWCP Bureau Coordinator list Employee and Post inquiries
associated with individual work-related injuries at the Department may be directed
to HR/ER/EP by unclassified e-mail at the following address:
WorkersCompensation@state.gov.

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 Appendix K

U.S. EMBASSY MANAGEMENT INSTRUCTION

No. 21
Replaces MI No. 21 issued on Dec 1, 2003 Jakarta, Indonesia
April 11, 2008
SUBJECT: PROHIBITED ACTIVITIES ON US GOVERNMENT
COMPUTERS
Reference: A) STATE 173428; B) 5 FAM 723; C) 5 FAM 724

The 5 FAM outlines the Department's position on personal use of USG owned
equipment and monitoring of employee activity while using USG owned equipment
(http://arpsdir.a.state.gov/fam/05fam.html) under 5 FAM 720 General Policies.
Employees should remember that, even though they have been issued a logon ID
and password, they have no expectation of privacy, and all activities are subject to
monitoring as described in 5 FAM 724. Limited personal use of USG owned
equipment is authorized in 5 FAM 723 provided it involves negligible additional cost
to the government, is done on personal time, and does not adversely impact work
performance or systems. The following uses of USG equipment are prohibited
regardless of whether the use occurs on or off government premises or whether the
use is during or outside normal work hours:

 Personal activities resulting in an additional charge to the U.S. Government

 Compromising the security of U.S. Government systems
 Viewing or accessing sexually explicit material
 Gambling
 Visiting or subscribing to any Internet based service (e.g. mailing lists) in
violation of any applicable law
 Generating either personal income or income for any organization with which
the employee is affiliated
 Misrepresenting oneself or the Department
 Violating copyright laws or illegally copying intellectual property
 Abusive or objectionable language
 Unlawful or malicious activities
 Using a personal encryption scheme of any kind
 Engaging in activities which reflect badly on the Department

The following items are not to be sent or received on or through USG computers,
networks, workstations, or systems:
 Chain letters
 Electronic greeting cards
 Audio (MP3) files

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  Large personal files that can disrupt or impair network functioning or
consume large amounts of disk space
 Program files (those with the file extension .exe)

Failure to comply with these restrictions can result in a number of corrective actions
ranging from counseling to separation from the Service and/or loss of security
clearance. For example, individuals accessing, distributing, or generating
pornography using Department resources are subject to disciplinary action that may
include dismissal as well as applicable legal proceedings. All personnel are expected
to use good judgment and exhibit conduct appropriate to the government workplace.
The Department realizes that occasional mistakes may occur. If you accidentally
access a prohibited web site you should exit the web site immediately and notify
your supervisor and system administrator or the Post Information Systems Security
Officer (ISSO). You should also be aware of the popup windows associated with
many of the web sites that are used for research and current events. These windows
frequently are links to either gambling or pornography sites which are prohibited.
Appropriate action for the popup windows is to close them by clicking on the X in
the upper right corner of the popup window. Information System Security Officers
for American Embassy Jakarta are as follows:

Unclassified Automated Information Systems: ISSO Wade C. Martin, ISO

AISSO Louis Baluyut, IMS
Classified Automated Information Systems: ISSO Richard J. Everitt, IMS
AISSO Wade C. Martin, ISO
If you have questions, please contact the ISC Helpdesk.
ISC Helpdesk information:
GAL name: Jakarta, ISC HelpDesk
Email: JakartaISCHelpdesk@state.gov
Phone: 9097

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 Appendix L

U.S. Embassy Management Instruction

No. MI-94
March 6, 2013
SUBJECT: Alternate Work Schedule (AWS)
Policy for Mission Indonesia & ASEAN
Reference: Online Telework Training Resource

Background: In February 2013, the Alternative Work Schedule (AWS) Committee

was formed, and charged with comprehensively reviewing post’s current flexible
work options. Headed by the Deputy Chief of Mission, the committee’s goal was to
determine if an augmented AWS policy would allow employees to achieve a greater
work-life balance through flexible work schedules without sacrificing overall Mission
operational effectiveness and efficiency. The result of the committee’s work is the
policy contained within this Management Instruction. Any questions regarding the
AWS policy can be directed to the Human Resources Office.

Scope: Under subchapter II of chapter 61 of title 5, United States Code, Alternative

Work Schedules (AWS) may apply to employees of any executive agency, any
military department, the Government Printing Office, and/or the Library of
Congress.

Purpose: Within rules established by the agency, AWS can enable employees to have
work schedules that help the employee balance work and family responsibilities
while either enhancing or maintaining the organization’s operational effectiveness
and efficiency.

Ineligibilities: Mission employees who work a 48-hour workweek or are under a

probationary period are not eligible to participate in the AWS program.

Training: To participate in the telework program, the employee and managers must
take online training at telework.gov.

Appendices:
 Appendix A on Telework
 Appendix B on Telework Assessment Tool
 Appendix C on Telework Agreement
 Appendix D on Flexible Work Schedule Request Memo

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POLICY

Mission Core Hours are when all staff working on any particular day MUST be at
work. This policy establishes core hours as between the time of 0900 – 1400 hours.
Unless otherwise authorized, employees are expected to work a regular schedule.
The Mission’s normal work hours are 0730 – 1600 hours.

An Alternative Work Schedule (AWS) is a work schedule that is anything outside of

the traditional fixed work schedule of 8 hours per day and 40 hours per week.
Approval for participation in the program will be the decision of the employee’s
supervisor. Not every employee will be eligible or approved for an AWS. There are
two categories of AWS, which are Flexible and Compressed Work Schedules. A
subset of Flexible Work Schedules is telework, as indicated below.

 Flexible Work Schedule (FWS)

o Core Telework
o Situational Telework
 Compressed Work Schedule (CWS)

Flexible Work Schedule (FWS)

Flexible work schedules consist of workdays with designated core hours between
0900 and 1400 hours and flexible start and end times. Flexible hours are the part of
the workday when full-time employees may (within the limits or ―bands‖) choose
their time of arrival and departure. With a FWS arrangement, an employee is
allowed to select starting and stopping times within the flexible hours. Therefore,
flexible arrival times must be between 0530 – 0900 hours and flexible departure times
must be between 1400 and 1900 hours. For example, an employee's flexible schedule
could be one of the following:

1. 0530 – 1400 hrs, 30-minute lunch break

2. 0630 – 1500 hrs, 30-minute lunch break
3. 0730 – 1600 hrs, 30-minute lunch break
4. 0830 – 1700 hrs, 30-minute lunch break
5. 0900 – 1730 hrs, 30-minute lunch break

If an employee’s lunch break were extended from 30 minutes to 60 minutes, then it is

possible for the flexible departure time to be between 1730 and 1830 hours. Once a
FWS is selected and approved by the supervisor and the Human Resources Office in

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writing, the hours are fixed until a new written agreement is put in place. All existing
agreements become null and void when an employee’s USG direct-hire supervisor
changes.

Telework is a FWS that provides employees the opportunity to conduct some of their
work away from the primary workplace. Telework programs, when well-established
and effectively implemented, can provide agencies a valuable tool to meet mission
objectives. Specifically, teleworking can be a useful strategy to improve continuity of
operations during emergency situations, and promote management effectiveness
when used to reduce management costs.

There are two types of telework:

Core Telework: work duties performed away from the official worksite on a regular
basis, at a minimum of one day per week.

Situational Telework – work duties performed away from the official work site on an
irregular basis, at least one full day per month. This could be due to a medical
problem, reasonable accommodation issue, the need to focus on a special project, or
pre-planned response by designated individuals to a natural disaster.

This policy establishes that teleworking can be implemented if a supervisor

approves, the employee’s position is compatible with teleworking, the supervisor
and employee sign a telework agreement [see Appendix C], a secure telework
environment is identified, and the employee is a strong performer who is – among
other characteristics -- trustworthy, disciplined, and highly motivated. The detailed
requirements for participation in the telework program can be found in the Appendix
A of this policy notice.

IMPORTANT NOTE: If approved for teleworking, an employee accepts that he/she

may be required to work when his/her colleagues have been given administrative
leave.

Compressed Work Schedule (CWS)

CWS are fixed work schedules, but enable full-time employees to complete the basic
80-hour biweekly work requirement in less than 10 workdays. However, CWS is not
compatible with Indonesian labor law. Therefore, the committee determined that the
implementation of a CWS is not feasible at this time.

AWS and Leased Swing Space (LSS)

To increase operational efficiency and better serve employees and offices at both the

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LSS and the CSS, all agencies are strongly encouraged to approve FWS for their
respective staffs, as appropriate for the agency and its operational effectiveness. If
planned and executed well, then the desired result will be improved morale,
improved service coverage, and a reduction in traffic congestion in the immediate
vicinity of the LSS, particularly during morning arrival times.

To achieve these desired results, sections and agencies should make every effort to
spread out the arrival of times of their employees. If those on the FWS arrive between
0700 and 0830 hours as all other employees, then this will reduce the operational
efficiency of the LSS. Therefore, those individuals approved for FWS at the LSS
should generally be approved to arrive at work between 0530 and 0700 or 0830 and
0930. If an insufficient number of employees are approved for time periods whereby
the associated costs for guards and utilities cannot be fiscally justified, then senior
management reserves the right to modify arrival time bands or the AWS policy to
increase operational efficiencies.

Mission Official Business Hours and Access Hours

Post Core Hours Access Hours

Embassy Jakarta 0900 - 1400 hours 0530 - 1900 hours
CG Surabaya 0900 - 1400 hours 0730 - 1600 hours
Medan 0900 - 1400 hours 0700 - 1800 hours

Appendix A on Telework
Participation

All employees whose positions have been deemed eligible for telework and have
completed their probationary period are eligible to volunteer for the Telework
Program. Employees are reminded that Telework is an employee privilege, not an
employee right. Telework remains an arrangement which is a supervisory work
option. An employee does not have an automatic right to continue participation in the
event of a change of supervisor.

The supervisor and the employee must establish appropriate arrangements for the
employee to follow when working at an alternate site. The overall interests of the
office must take precedence. A supervisor may require an employee to be on-site on
a regular off-site day if the needs of the office require this. Periodic reviews of
telework arrangements should be conducted to ensure that organizational needs are
met. The supervisor has the right to end participation of an employee in the program if
the employee's performance declines or if the program fails to benefit organizational
needs.

When possible, the supervisor should provide at least two weeks advance notice of

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cancellation of an employee's participation in the program and include the reasons for
cancellation. The telework agreement is a living document that must be revisited by
the employee and manager when there is a change in circumstances (i.e., new
telework schedule, promotion, new
supervisor). At a minimum the telework agreement must be resubmitted annually to
ensure it is meeting the business needs of the office.

Criteria for Participation

Several criteria play a major factor in the selection of those allowed to participate in
the Telework Program: the nature of the work performed and the characteristics of
the employee and supervisor.

Careful examination of tasks to be performed at an alternate work site is key to a

successful telework program. Supervisors must determine whether some or all of an
employee's duties are portable and may be performed at the alternate work site, and
whether the goals of the office can be achieved.

Identifying positions suitable for telework

Examples of some types of work which are, generally, suitable for telework include
but are not limited to the following, provided they do not involve the handling of
classified information:
 Work that requires thinking, research and writing
 Telephone-intensive tasks, such as setting up a conference, obtaining
information, and contacting customers; and
 Computer- oriented tasks, such as programming, data entry and word
processing.

Telework positions will have at least some of the following characteristics:

 Work activities can be performed effectively outside the office

 Contact with other employees and service clientele is predictable
 Daily physical presence is not required
 All work handled is not classified
 Security of data, including sensitive, non-classified, privacy act concerns can
be adequately ensured.

Identifying a Successful Teleworker

A documented record of reliable and responsible discharge of work duties, an ability

to establish priorities and manage time, and a proven track record of personal
motivation are measures of successful teleworkers.

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An employee who succeeds as a teleworker has the following characteristics:
 A self-starter, can function independently
 Demonstrates dependability and discipline
 Highly motivated
 Establishing priorities and manages his/her own time;
 History of reliable and responsible discharge of work duties
 Fully understands the operations of the organization
 Trustworthy with overall performance evaluations equivalent to fully
successful or higher; and
 Adheres to security of U.S Government information and property at the
alternate work site.

If the above criteria are met, employees must meet with their supervisor to discuss
and determine if they are in fact a viable candidate. Supervisors and employees must
discuss their expectations of how work will be performed and evaluated. In addition,
employees must recognize that the Mission’s standards of conduct apply at the
alternate work site.

Supervisor’s Role

The supervisor must make good decisions about which employees have potential as
teleworkers, and may even anticipate that an interested employee is not really a
suitable candidate for a telework situation. Remember the supervisor decides
whether a position and an employee are appropriate for telework. To assist
supervisors with this decision, HR suggests using an employee screening tool such as
the Telework Assessment Tool in Appendix B.

Supervisors will:
 Evaluate employee requests to participate in the program. Consider the
employees' responsibilities, work tasks, and potential for successful
participation in the program.
 Develop performance work plans as needed for work performed away from
the official work site.
 Assign appropriate work to be performed at the alternate duty station.
 Determine how the quantity and quality of work will be measured and
evaluated.
 Periodically evaluate the telework program.

How to Apply

Once the employee has volunteered and received approval to telework, sufficient

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time should be allowed to resolve outstanding details or to overcome any obstacles
to success. Participating supervisors and employees are encouraged to remain in the
program for at least 90 days to provide a fair assessment of the telework
arrangement.

Employees approved for participation in the program must:

 Complete the appropriate Telework Agreement
 Observe agreed-upon hours of work
 Observe 3 FAM 3410 (Annual Leave) and 3 FAM 3420 (Sick Leave) for
requesting leave;
 Comply with the Department’s security procedures in accordance with 12
FAM 620;
 Provide all necessary equipment to work at home unless Department
equipment can be provided;
 Protect loaned U.S. Government equipment and use it for official purposes
only; and
 Assist the supervisor in evaluating Telework Programs.

Appendix B on Telework Assessment Tool

The decision to telework should be based on the ability of an employee to work in a

setting that may be in his or her home, without immediate supervision. The
following tool is an optional form that can be used by an employee and supervisor as
a basis for discussing the option of telework and the appropriateness of this for a
particular employee. Both the employee and the supervisor should independently
complete the assessment.

Please rate yourself or your employee, using the following scale:

5 - Always 4 - Usually 3 - Sometimes 2 - Rarely 1 - Never

1. Employee works without regular monitoring/supervision

2. Employee independently identifies required work products

3. Employee successfully plans work production schedule.

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4. Employee communicates roadblocks to successful completion
of a task or project in sufficient time to allow for alterations that
improve the opportunity for success. Employee works without
regular monitoring or supervision.

5. Employee meets deadlines.

6. Employee is computer literate.

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 Appendix C on Telework Agreement

The following agreement must be used by employees of the Mission in establishing

the necessary assignments, requirements, procedures, and signatures for telework.
The supervisor and the employee should each keep a copy of the agreement for
reference. In addition, a copy should be sent to the appropriate bureau telework
coordinator.

Employee is approved for

CORE telework _____ or SITUATIONAL telework _____by the Agency or Office of
___________________________ .

1. Voluntary Participation

Employee recognizes that the telework arrangement is not an employee benefit but
an additional method the Mission may approve to accomplish work. Employee
voluntarily agrees to work at the agency-approved alternate work site indicated
below and to follow all applicable policies and procedures.

2. Salary and Benefits

Agency agrees that a telework arrangement is not a basis for changing the employee's
salary or benefits based on the Civil Service grade or Foreign Service rank of the
position. However, salary, allowances, and travel entitlements may be adjusted based
on the official worksite consistent with 5 C.F.R 531.605.

NOTE: All pay, leave, and travel entitlement are based on the official worksite of
employee as long as he or she regularly commutes to that office at least once a week.
The official worksite may change if the employee does not regularly commute into
the main or reporting office, except in certain temporary situations.

3. Duty Station and Alternate Work Site

The Mission employee agrees that the employee's official worksite is:
_______________________________________________________
Employee's approved alternate worksite is:

_______________________________________________________[street, city, and state].

4. Official Duties

Unless otherwise instructed, employee agrees to perform official duties only at the
regular office or approved alternate work site.

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Employee agrees not to conduct personal business during normal working hours at
the alternate work site, for example, caring for dependents or making home repairs.
Management reserves the option to inspect alternate work sites during normal
working hours with prior notice of at least 24 hours.

5. Work Schedule and Hours of Duty

Consistent with the Bureau’s or Mission's policies on a flexible or alternative work

schedules, agency and employee agree upon the following telework schedule:
Day(s) working at the alternate work site:

Week 1 (first week of each pay period)

Monday: From _____ to _____
Tuesday: From _____ to _____
Wednesday: From _____ to _____
Thursday: From _____ to _____
Friday: From _____ to _____

Week 2 (second week of each pay period)

Monday: From _____ to _____
Tuesday: From _____ to _____
Wednesday: From _____ to _____
Thursday: From _____ to _____
Friday: From _____ to _____

6. Time and Attendance

Supervisor agrees to ensure the telework employee's timekeeper has a copy of the
employee's work schedule. The supervisor agrees to certify biweekly the time and
attendance for hours worked at the regular office and the alternate work site which
are consistent with the Mission's policy. Employee agrees to follow established office
procedures for requesting and obtaining approval of leave.

7. Overtime

A supervisor may approve overtime if needed. The existing rules governing overtime
in Title 5 U.S.C. and the Fair Labor Standards Act apply to telework arrangements.
Because the supervisor is responsible for regulating and controlling the use of
overtime, the supervisor must approve all overtime in advance and be satisfied that
more than eight hours in a day were worked.

8. Equipment/Supplies

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Equipment and supplies will generally not be provided to the employee. However,
the Mission has the option to loan available equipment (e.g., FOB) to the employee. If
any available U.S. Government-owned equipment is issued to the telework
employee, the employee agrees to install, service, and maintain any U.S.
Government-owned equipment used.
Hardware/Software requirements include: A Pentium PC or Apple equivalent, an
Internet connection, the ability to browse the WWW (using current versions of
generally available browsers such as IE, Netscape or Mozilla). Department approved
anti-virus software must be installed and kept current.
9. Security

Employees who telework will not work or have access to classified information at the
alternate work site and will comply with current standards for remote operations
from domestic residence, as published in 12 FAM 625.2-3, Administrative Security—
Telecommuting.

10. Liability

The employee understands that the U.S. Government will not be responsible for
damages to an employee's personal or real property while the employee is working
at the approved alternate work site, except to the extent the U.S. Government is
responsible under applicable law.

11. Work Area

The employee agrees to complete Form DS-1963, Safety Checklist for Home-Based
Telecommuters, and certifying conformance with safety standards at the alternate
site. A signed DS-1963 must accompany this agreement.

12. Alternate Work Site Costs

The employee understands that the U.S. Government will not be responsible for any
operating costs that are associated with the employee using his or her home as an
alternate work site, for example, home maintenance, insurance, or utilities. If
approved in advance, work-related long-distance phone calls may be reimbursed by
the agency in accordance with applicable law, regulations, and policies. (See 3 FAM
2367.3)

13. Injury Compensation

Employee understands he or she is covered under the Federal Employee's

Compensation Act if injured in the course of actually performing official duties at the
regular office or the alternate work site. The employee agrees to notify the supervisor

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 immediately of any accident or injury that occurs at the alternate work site and to
complete any required forms. The supervisor agrees to investigate such a report
immediately.

14. Work Assignments/Performance

Employee agrees to complete all assigned work according to procedures mutually

agreed upon by the employee and the supervisor and according to guidelines and
standards in the employee performance plan. The employee agrees to provide
regular reports if required by the supervisor to help judge performance. The
employee understands that a decline in performance may be grounds for canceling
the alternate work site arrangement.

15. Records Management

Employee agrees to protect U.S. Government or agency records from unauthorized

disclosure or damage and will comply with requirements of the Privacy Act of 1974,
5 U.S.C. 552a. Sensitive but unclassified (SBU) information will be handled in
accordance with 12 FAM 540.

16. Standards of Conduct

Employee agrees he or she is bound by agency standards of conduct while working

at the alternate work site.
Nothing in this agreement precludes the agency from taking any appropriate
disciplinary or adverse action against an employee who fails to comply with the
provisions of this agreement or regulations contained in 3 FAM 2360.

17. Cancellation

Supervisors and employees have the right to cancel the telework arrangement with
prior notice of at least ten work days.

Employee's Signature and Date: _______________________________

Supervisor's Signature and Date: _______________________________

Executive/MGT/HR Office Signature and Date:_____________________________

Privacy Act Statement

Solicitation of this information is authorized by President Clinton’s Memorandum of July 11, 1994 and June 21, 1996
which directed agencies to establish, encourage, support, and expand opportunities to telework consistent with their
responsibilities. The primary use of this information is by management to approve and document your telework
arrangements. Additional disclosures of the information may be:

To the Department of Labor when processing a claim for compensation regarding a job connected injury or illness; to
a Federal agency when conducting an investigation for security reasons; to a Federal, State, or local law enforcement
agency
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a g e aware of a violation or possible violation of civil or criminal law; or to the Office of Personnel
Management when information is required for evaluation of the telework program.

This information will also be used for monitoring the Federal agencies’ compliance with the President’s
 Appendix D on Flexible Work Schedule Request Memo

TO: HRO –

THROUGH: Name of USDH Supervisor

Name of Immediate Supervisor, if different from USDH supervisor

FROM: Name of Requesting Employee

DATE:

SUBJECT: Request for a Flexible Work Schedule for (Employee Name)

I, __________________, request that I be allowed to work a Flexible Work Schedule

starting on (date). I propose that we agree my FWS work hours would be the
following:

Monday (start time – end time)

Tuesday (start time – end time)

Wednesday (start time – end time)

Thursday (start time – end time)

Friday (start time – end time)

I understand that, if approved, this FWS will become my regular permanent schedule
and that I am expected to report to the workplace, ready to work, at the indicated
start time, and to continue working until the indicated end time. I must request
permission in advance from my supervisor for any one-time, short-term or longer-
term deviation in this schedule, such as a later arrival. I affirm that I read and
understood the Mission’s Alternate Work Schedule (AWS) Policy on FWS.

This FWS, once approved, will remain in effect either until (date – not to exceed one
year) or until my immediate supervisor changes, or unless I or my current supervisor
request a change, or a revision in the Mission’s AWS Policy mandates a change.

Drafted: HRO: DKAkins

Cleared: MGT: JHolland-Craig
Approved: DCM: KFBauer
Distribution: All Employees

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 Appendix M
U.S. Embassy Management Notice
No. 22-13
February 7, 2013
SUBJECT: Mandatory EEO Awareness Training and Awards

Effective immediately, Mission employees will be eligible for awards only if they
have completed the annual Equal Employment Opportunity (EEO) training in the
last calendar year and the completion certificate sent to and recorded by the Human
Resources Office.

The Equal Employment program (EEO) is a cornerstone of how we, employees of the
U.S. Government, are expected to treat one another in the workplace. It is vitally
important to the organization that all employees understand and practice EEO codes
of conduct. For this reason, an annual requirement for ALL Mission employees to
complete refresher training has been the standard practice within the Mission for a
number of years. The Embassy provides that EEO refresher training can be taken
either on-line (Post EEO Awareness Training Link) or in-person through classes
offered by Human Resources typically between June and August. The U.S.
Government protects its computer network by requiring yearly Cyber Security
Training. In the same vein, the Mission will now require the successful completion of
the Post EEO Awareness Training course. That is why this policy change is being
enacted.

Effective October 1, 2003, the No FEAR Act required USG agencies to train and notify
U.S. direct-hire employees about their EEO rights. As such, for American employees
who have successfully completed either the classroom or online Congressionally-
mandated NO FEAR training within the last two years, then post’s awareness
training requirement will be deemed satisfied. If you have not taken the mandated
NO FEAR training within the last two years, then you must either complete FSI’s PT
401 (NO FEAR) Distance Learning course or take Post EEO Awareness Training
within the preceding 12 months of the forthcoming awards cycle.

To be clear, those individuals who fail to complete the necessary training prior to an
awards cycle will not be eligible for awards. To secure eligibility, a person taking the
Post EEO Awareness Training must have done so within the preceding 12 months
from the month in which the awards ceremony is held or within the preceding 24
months for U.S. direct hires who have completed the NO FEAR training. This
criterion will be applied each awards cycle to determine an employee’s eligibility.

Drafted: HR RMacdonald
Cleared: HR DAkins
Approved: MGT JHolland-Craig
Distribution: All Embassy Employees

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 Appendix N

Ethics

In line with Ambassador Marciel’s directive, HR recently incorporated an ethics

module into the mandatory EEO Awareness training at post. Therefore, it is now an
EEO Awareness and Ethics training program. To aid supervisors and managers with
their impending discussions with staff about ethics, as directed by the ambassador,
we draw your attention to the following resources: Ethics.gov and Ethics on
Diplopedia. Furthermore, there is a distance learning course available on ethics too.
It is: FSI's PA454.

While no training will cover every situation and scenario, there are some frequently
asked questions about ethics that are worth noting.

GIFTS Between Employees -- Generally, employees may not give a gift for the
employee’s official superior, except on an occasional basis such a birthdays and
annual holidays. Even then the gift cannot be cash, and the gift’s value cannot
exceed $10. Food and refreshments may be given so long as they are shared in the
office among employees.

GIFTS From Outside Sources – Generally, employees may not accept gifts that are
given because of their official positions or that come from certain interested sources
("prohibited sources"). In this situation a “gift” is defined as anything of monetary
value, specifically including “transportation, local travel, lodgings and meals. A
“prohibited source” is person or organization that has business before the USG or
whose interests can be substantially affected by an employee performing or not
performing their duties.

BRIBERY -- An employee may not demand, seek, receive, accept or agree to accept
anything of value “in return for being influenced in the performance of any official
act.”

Use of Government Position & Resources -- The public may lose confidence in the
integrity of Government if it perceives that an employee is using public office to
serve a private interest. The public expects that Government information, property,
and time will be used to serve the public’s interests. Accordingly: An employee is
required to act impartially; an employee may not make improper use of Government
position, title, or authority, and an employee may not use Government property,
nonpublic information, or time for other than authorized purposes.

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