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Chapter 1. Intergovernmental Personnel Act Assignments
Order canceled by this chapter: DOJ 1334.1, Temporary Assignment of Employees between the Department, and States, Local Governments, and Institutions of Higher Education, Dec. 6, 1971. (See paragraph 6 of the Foreword.) There were no major changes in Department policy. Discussion of comments: A division commented that the term "well-qualified" was not defined in this chapter and presents the risk of misinterpretation because "well-qualified employee" was defined in the dictionary only for purposes of career transition assistance. Since "well-qualified" is not a key term for purposes of the policy in the IPA chapter, we have removed it to avoid the risk of misinterpretation. We have included current requirements for obtaining the Deputy Attorney General's approval of details outside the Department. We have removed the address where IPA agreements must be submitted so that it will not have to be revised after every office move, as suggested by a commenter. Chapter 2. Reemployment of Retirees Without Penalty Department Plan canceled by this chapter: Department Plan for Reemployment of Military and Civilian Retirees Without Loss of Pay or Annuity, May 16, 1991. (See paragraph 6 of the Foreword.) There were no major changes in Department policy. The chapter was revised by the July 2, 2001, installment to reflect a change in law. (See paragraph 1 of Change 9.) No comments. (Note: A comment made when the chapter was first issued in 1998, which concerned waivers of reductions to military retired or retainer pay, is now obsolete because of the revision made in Change 9, July 2, 2001. This revision reflects a change in law that ended reductions in military retired or retainer pay required of some military retirees employed in civilian positions (Public Law 106-65, Section 651).) Chapter 3. Student Volunteer Service Order canceled by this chapter: DOJ 1308.1, Acceptance of Volunteer Service, Jul. 5, 1979. (See paragraph 6 of the Foreword.) There were no major changes in Department policy. Discussion of comments: A division requested that we state the conditions for volunteer service that must be met in order for a 16-year old student to be eligible. The selection of students should be in conformance with either Federal, state, or local laws and standards governing the employment of minors. Since these laws and standards vary significantly from one jurisdiction to another, it is not possible to include them in the order. Components should work closely with the student's school or other local affiliate responsible for certification/permits necessary for students to participate in volunteer service. A division commented that the definition of "recognized educational institution" should include a reference to the X-118 Qualifications Standards, Part II, reference to directories listing accredited schools. We have deleted "recognized educational institution" as a key term and have not made reference to the X-118 because we have determined that it may eliminate some of the flexibility in the statute. (The same measures that apply to employees do not necessarily apply to student volunteers. They are not considered employees for any purposes other than injury compensation or laws related to the Federal Tort Claims Act.) The statute, in 5 U.S.C. 3111(a), defines "student" as "an individual who is enrolled, not less than half-time, in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution." We have included this definition parenthetically in the chapter's paragraph on student eligibility and status. The division also pointed out, and we agree, that the requirement that students attend school on a residential basis, which we had included in the definition of "recognized educational institution," is no longer a requirement. We have included a requirement to establish an official personnel folder for each student volunteer, as suggested by a commenter. Another commenter asked if the requirement to document volunteer service using a Standard Form-50 should be part of DOJ policy. This requirement was in the draft chapter under Documentation and Reporting, and it remains in the final chapter. Chapter 4. Effective Date of New Appointments Order canceled by this chapter: DOJ 1330.1B, Effective Date of New Appointments, May 28, 1980. (See paragraph 3 of Change 1.) There were no major changes in Department policy. Discussion of comments: We have deleted the statutory and regulatory references from the references table since they were general delegations of authority that are not specific to the topic of this chapter. An organization recommended that the term "appointee" be removed from the list of key terms since the term is not referenced in the text of the Order. The term has been removed. The organization also recommended using the full definition of "break in service" from Office of Personnel Management's (OPM's) operating manual for processing personnel actions. We have amended the definition accordingly. A component commented that making new appointments effective on Sunday, the beginning of a pay period, conflicts with OPM guidance that new appointments should be made effective on Monday if the individual is not transferring from another Federal agency. OPM has advised us that determination of the effective date of all appointments is at the discretion of the agency. It has long been the Department's policy to make new appointments effective on Sunday, the beginning of the pay period, when an employee enters on duty on Monday. Such policy enables the employee to receive his or her first within grade step increase at the earliest possible time. Within grade step increases are effective at the beginning of the next pay period following the completion of the required waiting period, e.g., for General Schedule employees, 52, 104, or 156 weeks. When a new employee's appointment is effective on the first Monday of a pay period, his or her first within grade step increase is delayed two weeks because he or she misses the beginning of a pay period-–Sunday-–by one day. This undesirable result is avoided by making the employee's appointment effective on Sunday (a nonworkday), which is permissible when the employee reports for duty on the first workday thereafter. Thus, Department policy to effect new appointments on Sunday, the beginning of the pay period, results in an employee becoming eligible for his or her first within grade step increase at the earliest possible time. An organization commented on the continued policy to make new appointments effective on Tuesday when Monday is a legal holiday. The organization felt such appointments should be effective on Sunday, the beginning of the pay period, even though Monday is a legal holiday. The component felt such practice would avoid the loss of a pay day, and the delay in an employee's first within grade step increase. We do not endorse this recommendation. Such a practice would result in an appointee being paid for a holiday before he or she actually works or enters on duty. There are some basic requisites which must be fulfilled before an employee is entitled to compensation as a civilian employee of the United States. Generally, these include being appointed, taking the oath of office, entering on duty, and executing affidavits relating to loyalty, strikes, and purchase of office. An appointee is not an "employee" as defined by 5 U.S.C. 2105 and entitled to compensation until after the appointee has accepted an appointment to the civil service and entered on duty. A new appointee who enters on duty on Tuesday following a legal holiday on Monday, is not an "employee" on the day of the holiday, except for an employee who transfers from another Federal agency without a break in service. Accordingly, we are continuing the long standing rule of the Department to effect new appointments on Tuesday when Monday is a legal holiday, unless the appointee is transferring from another Federal agency. A component commented that the Order should state that no leave is earned when an employee's appointment is effective on Tuesday, following a holiday on Monday. This suggestion was not adopted since the employee earns leave for the pay period. Pursuant to 5 U.S.C. 6302(b), an employee is deemed employed for a full biweekly pay period if he or she is employed during the days within that period, exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order, which fall within his or her basic administrative workweek. Thus, an employee who enters on duty on Tuesday following a holiday and continues to serve for the remainder of the pay period is held to have completed the first full biweekly pay period for leave accrual purposes, even though he or she entered on duty on a Tuesday. Two components felt the Order restricts mid-pay period appointments. The Order is not intended to restrict an employee's entrance on duty to the beginning of the pay period, but rather to clarify the effective date of an appointment following a legal holiday. We have revised the language in the Order to clarify its intent, and that appointments may be effective on any day of the pay period. Chapter 5. Probationary Period for Supervisors and Order canceled by this chapter: DOJ 1315.1, Probationary Period for Supervisors and Managers, Aug. 20, 1980. (See paragraph 3 of Change 1.) There were no major changes in Department policy. Paragraph B.1. of this chapter has been clarified by the Sept. 23, 2004 installment, Change 20, to indicate that a determination that an individual's duties in a supervisory position required substantive, recognizable, managerial responsibilities, and such responsibilities were performed in a fully successful manner, will be made at the time of entry into the managerial position. (In the third sentence of paragraph B.1., "entry into the supervisory position" has been corrected to read "entry into the managerial position.") Discussion of comments: As suggested by a component, we have added "in the competitive service" to the title of this chapter to clarify that it applies to employees in the competitive service. Another component recommended adding "or operating component" to "bureaus" in the sentence in the first paragraph delegating authority to make case-by-case determinations on the length of the probationary period for a manager who had served in a supervisory position that had both supervisory and managerial responsibilities. To make clear the official responsible for such final determinations, we have changed the terminology to read "Bureau Personnel Officers," with authority for redelegation. A component suggested that the Office of Attorney Personnel Management incorporate language for the excepted service into the Order. Such requirements for excepted service employees have not been incorporated into the Order. Attorneys are covered by policy guidance issued by the Office of Attorney Personnel Management. An organization commented that an employee temporarily promoted to a supervisory or managerial position has an absolute entitlement to return to the permanent position that he or she encumbers. This is not the case. An employee who is temporarily promoted may be returned at any time to the position from which temporarily promoted, or to a different position of equivalent grade and pay. (See 5 CFR 335.102(f)(1).) The same conditions apply to any employee who does not satisfactorily complete the probationary period for supervisors and managers. (See 5 U.S.C. 3321 and 5 CFR 315.907.) At the suggestion of one component, we have included the name of DOJ Form 546, which is Supervisory or Managerial Probationary Period Report, in the text of this chapter. Another component suggested we include the form in the Order or Guidance. We have not done this since the form is automatically generated by the personnel/payroll system, and the certification statements on the form are described in this chapter of the Order in paragraph C.1. As described in the Order, the supervisor of each employee serving a supervisory or managerial probationary period must, no later than the end of the 10th month of such period, (1) certify that the employee's supervisory/managerial performance has been found satisfactory or that it has been found unsatisfactory, and (2) certify whether the employee should be retained or should not be retained in the position beyond the probationary period. As suggested by a component, we have indicated in the Order that the probationary period certification form is to be filed on the right-hand side of the employee's Official Personnel Folder. Chapter 6. Maximum Entry Age and Mandatory Retirement Order canceled by this chapter: DOJ 1338.1B, Maximum Entry Age and Mandatory Retirement of Law Enforcement Officers, Jul. 16, 1992. (See paragraph 3 of Change 3.) There were no major changes in Department policy. Discussion of comments: The Bureau of Prisons (BOP) commented that BOP physician's assistants should be included in the exemptions from the maximum entry age for law enforcement officers (LEOs). We have amended paragraph B.3. accordingly. BOP questioned the date of the exemption for BOP medical and dental officers. We cited the date on which the Attorney General approved the exemption, which was March 10, 1998. The Assistant Attorney General for Administration transmitted the approval to the Director, BOP, on March 16, 1998. A bureau suggested that we revise the general description of the mandatory retirement age and the 60-day advance notice of the date of separation in the first paragraph under B.5. Another bureau, commenting on the same paragraph, suggested we emphasize that an employee cannot be separated until the end of the month in which the 60-day notice requirement has been met. We have revised this paragraph and have labeled it as a note since it repeats provisions in 5 U.S.C. 8335 and 8425. The Federal Bureau of Investigation (FBI) commented that authority to grant exceptions to the mandatory retirement age has been delegated to the Director, FBI, for FBI Special Agents who are not members of the Senior Executive Service (SES) as well as for up to 20 FBI SES LEOs. We have amended paragraphs B.6., C. 2. (reporting requirements), and the Table of Delegations accordingly. Chapter 7. Employment of Experts and Consultants Order canceled by this chapter: DOJ 1304.2A, Employment of Experts and Consultants, Sept. 12, 1985. (See paragraph 3 of Change 3.) There were no major changes in Department policy. Discussion of comments: A commenter asked whether time worked by an expert or consultant should be reported in increments of one-quarter hour. Experts and consultants with a regularly scheduled tour of duty (i.e., not intermittent) should be paid on an hourly basis and their time worked should be reported in the same manner as other employees, e.g., in increments of one-quarter hour, since they are accountable for their scheduled work hours by performing work or taking leave or compensatory time. (Experts and consultants employed on an intermittent basis do not earn leave. They may be paid on a daily rate basis and may perform work for part of a day and have that day counted as a full day worked.) Paragraph B.2.c.(1) requires that certifying officials be provided a justification which includes, "A statement which certifies that the services of the expert or consultant do not duplicate any previously performed work or service, and are not already available within the Department." A component asked if the prohibition on "previously performed work or service" applies only to a particular individual who is hired to perform that work or service and only after the second year of such work or service. The statement does apply to an individual and is to ensure that the time limits in 5 CFR 304.103(c) are met. An expert or consultant who works on a full-time basis may perform substantially the same duties for a maximum of 2 years--i.e., on an initial appointment not to exceed 1 year and a reappointment not to exceed 1 additional year--unless an exception to this limit is authorized by the Office of Personnel Management (OPM). The component also asked how a component would know if the services are already available elsewhere in the Department. We have changed the word "Department" to "component." A bureau suggested adding a reporting requirement for bureaus under Documentation and Reporting. We have not added this requirement since our automated system provides the information necessary for the annual report that the Department provides to OPM. Chapter 8. Part-Time Career Employment Program Order canceled by this chapter: DOJ 1340.1, Part-Time Career Employment Program, Dec. 6, 1984. (See paragraph 3 of Change 1.) The chapter was relocated from Part 6, Employee Programs and Services, to Part 1, Employment, by the Feb. 1, 2001, installment (Change 8). (See paragraph 3 of Change 8.) No changes were made to the chapter The March 26, 2004 installment (Change 18) added a new paragraph B.6. to the chapter to clarify issues concerning the number of hours worked. (See paragraph 3 of Change 18.) There were no major changes to Department policy.
May 20, 1999, Discussion of comments: In response to a component's suggestion, we have included in the definition of part-time career employment the number of hours of regularly scheduled work (16 to 32 hours) that may be performed by a part-time employee. March 26, 2004, Discussion of comments:
In response to our proposal to add a provision that the number of hours worked by a part-time employee may be increased for limited periods to meet legitimate needs of the organization, a component commented that a long term or even a permanent increase in the number of hours worked by a part-time employee is appropriate in legitimate circumstances. Only an employee who has continuously worked on a part-time work schedule since before April 8, 1979; an employee whose appointment is temporary, term, intermittent, or other appointment outside of tenure group I or II; or an employee who is working under a mixed tour of duty [recurring periods of full-time, part-time, or intermittent service] is exempt from the 16 to 32 hours per week limitation required by the Part-Time Career Employment Act of 1978. Also, it is contradictory to merit system principles to appoint an individual to work part time with the intention of converting the employee to a full-time work schedule shortly thereafter. Previous Department policy permitted a temporary increase in an employee's tour of duty above 32 hours per week for a limited period as necessary to carry out the mission of the agency in accordance with 5 U.S.C. 3402(a)(1) and (a)(3). To continue this policy, we have revised paragraph B.6. to clarify that Department policy on increasing or decreasing the number of hours worked by a part-time employee is only permitted for two consecutive pay periods. We had also proposed to add a requirement for reduction-in-force (RIF) procedures when the number of hours a part-time employee works is involuntarily reduced. One component suggested citing the Code of Federal Regulations on this topic. Another component commented that reduction of a part-time employee's scheduled work hours does not require RIF and adverse action procedures. We agree and have added a statement to this effect at the end of paragraph B.6. A change in the work schedule of a part-time or different category of other-than-full-time employee is not a RIF action because the employee is not being released from the competitive level. Adverse action procedures are also not applicable since such action does not meet the definition of demotion under 5 CFR 210.102(b)(4). (Note: When conducting a reduction in force, part-time employees are placed in a separate competitive level from comparable full-time employees. When released from his or her competitive level, a part-time employee can compete only for other part-time jobs. A part-time employee has the same protections as a full-time employee in the event of adverse actions such as suspensions, removals, furloughs, and reduction in grade or pay. Part-time employees are also covered by agency grievance procedures or negotiated grievance procedures, if applicable.) |
Last Updated Sept. 28, 2004
usdoj/jmd/ps/MacD
