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Assignment of
Employee
Under the Intergovernmental Personnel Act, a Federal employee, with his or
her consent, may be assigned to a non-Federal organization either on detail
or leave without pay (LWOP). In either case, the assignee remains
an employee of the Federal agency and retains the rights and benefits attached
to that status. Federal employees may receive within-grade increases and
promotions as well as increases in pay due to across-the-board increases and
increases in locality pay while on Intergovernmental Personnel Act assignments.
In addition, Federal employees may earn premium pay (such as Title 5 overtime
pay; Fair Labor Standards Act (FLSA) overtime pay; and night, Sunday, and
holiday premium pay) for hours worked under an Intergovernmental Personnel Act
assignment. The Federal rate of pay should include any applicable locality
payment, special salary rate, cost-of-living allowance, or post differential
associated with the appropriate official duty station .
The choice of the most appropriate type of assignment - detail
or LWOP - is influenced by various factors, including
the position and duties assigned to the employee, and the agency
decisions concerning payment of expenses. Non-Federal positions
which require the employee to exercise legal or fiscal authority,
or to carry out supervisory responsibility, may more
appropriately be filled by appointment, necessitating LWOP
by the Federal employee.
An employee on a mobility assignment is still a Federal employee and
personnel actions which would apply to a Federal employee, or to his or her
position (e.g., reclassification, transfer of function, reassignment), continue
to be applicable while the employee is on a mobility assignment. In no case can
a Federal employee earn less on a mobility assignment than he or she would have
received in his or her Federal position.
The rate of pay of an employee assigned to a federally funded research and
development center may not exceed the rate of pay that the employee would
receive for continued service in the position in the Federal agency from which
assigned.
Federal employees are reminded, once again, that they are expected to obey
conflict-of-interest laws and standards of conduct provisions applicable to them
and similar standards maintained by non-Federal organizations (see p.4). The
employee's agency is responsible for resolving fully any issues relating to a
potential conflict-of-interest prior to approval of an assignment.
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Status of
a Federal Employee on Detail
Federal employees on detail remain employees of their permanent
agencies for all purposes except work and supervision, and are subject to agency
established performance appraisal criteria and procedures covering detailed
employees. The detailed employee's pay, allowances, privileges, rights,
seniority, and other benefits are preserved and remain in effect during the
assignment. He or she continues to receive pay, allowances, and benefits from
the Federal agency, even though these costs may be reimbursed to the agency in
whole or in part by the non-Federal organization. The Federal employee on detail
may receive a supplemental salary from the non-Federal organization when the
position to which he or she is assigned has a higher established rate of pay.
The Federal pay rate (including locality pay, cost-of-living allowances,
etc.) for employees on Intergovernmental Personnel Act details should be
based on their travel status and benefits. For those who receive temporary duty
travel allowances (e.g., per diem), the employee's official duty station for pay
purposes is the duty station the employee occupied before the Intergovernmental
Personnel Act assignment. For those who receive relocation allowances, the
employee's official duty station is the duty station of the Intergovernmental
Personnel Act assignment. A detailed employee's contributions for retirement,
Medicare, life insurance, and health benefits are withheld from his or her pay.
If the detail is on a reimbursable basis, the agreement should indicate
what portion of the total cost each of the two organizations agree to pay.
A detailed employee continues to earn leave under the Federal agency's leave
system and to have appropriate absence from duty with the non-Federal
organization charged against that leave. The responsibility for documenting
leave for detailed employees should be specified in the assignment agreement.
The 240-hour limit and the 720-hour limit on annual leave carryover remain in
effect for non-Senior Executive Service (SES) and SES employees, respectively.
All leave used, as well as hours worked, should be certified by the non-Federal
organization to the Federal agency.
A detailed employee's workweek and hours of duty will be determined by the
non-Federal organization. The employee will either be excused from duty on all
Federal holidays without charge to leave or will receive holiday premium pay for
work performed on a Federal holiday. He or she may be excused from duty by the
non-Federal organization on a State or local holiday without charge to leave or
loss of pay, but will not be entitled to premium pay if required to work on such
a day.
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Status of a
Federal Employee on LWOP
A Federal employee assigned to a non-Federal organization on Leave
Without Pay is given an appointment in accordance with the
terms of the written agreement and the personnel policies of that
organization. A Federal employee on LWOP is paid by the
non-Federal organization to which he or she is assigned. This
salary may be more than the employee's current Federal salary. A
supplemental salary payment must be made when the rate of pay of
the non-Federal organization is less than the rate of pay the
employee would have received in his or her Federal position. It
cannot be paid in advance or as a lump sum. Whether an employee
is entitled to supplemental pay is decided by the Federal agency
official authorized to sign the written agreement and must be
communicated to the employee before he or she agrees to the
assignment. The supplemental pay may vary during the assignment
depending on such things as promotion, within-grade increase, or
pay plan revision, as well as across-the board increases or
increases in locality rates which the employee would have
received in his or her Federal position. An assignment agreement
may provide for reimbursement to the Federal agency for the cost
of supplemental pay.
The key to determining the Federal rate of pay for an employee
on LWOP for an Intergovernmental Personnel Act assignment
is the employee's travel status and benefits. If the employee is
receiving temporary duty travel allowances, use the rate of pay
for the duty station the employee occupied before the
Intergovernmental Personnel Act assignment. If the employee is
receiving change-in-station relocation allowances, use the rate
of pay for the duty station of the Intergovernmental Personnel
Act assignment.
A Federal employee on LWOP from a Federal position to a non-Federal
organization is entitled to earn annual and sick leave to the same extent as if
he or she had continued in the regular Federal position. Annual and sick leave
balances are transferable both to and from these assignments, subject to the
limitation prescribed for annual leave carryover by 5 USC section 6304. The
assignment agreement should specify whether the non-Federal or Federal agency
will pay for the cost of leave. The non-Federal organization, in accordance with
its regulations and policies, will determine the employee's workweek, hours of
duty, and the holidays to which he or she is entitled.
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Retirement,
Medicare, Group Life Insurance, and Health Benefits for a Federal Employee on LWOP
An employee is entitled to receive full service credit while
on assignment if he or she makes a written election to retain
retirement coverage and continues to pay the employee's
contribution into the Civil Service Retirement and Disability
Fund (or other Federal retirement system). The employee's Federal
agency will continue to make its matching contribution. If the
employee elects to retain full retirement credit under the
retirement system, the agreement should specify, when applicable,
that he or she is exempt from making retirement contributions
under any mandatory non-Federal retirement system.
If the employee elects not to pay the current contributions as
indicated above, he or she will receive, if subject to the Civil
Service Retirement System (CSRS) or the Federal Employees
Retirement System (FERS), credit for as much of the LWOP
as does not exceed six months in a calendar year. An employee who
elects not to pay his or her contributions to the CSRS or FERS
while on a mobility assignment cannot retroactively pay any
foregone contributions.
If an employee is injured or disabled while on LWOP, he
or she may not receive both a Federal disability and non-Federal
compensation covering the same period. This provision does not
bar the right of the employee to receive the benefit paying the
greater amount, or his or her right to a Federal retirement
annuity based on service, i.e., a non-disability annuity.
If the employee or his or her survivor elects to receive any
benefit from a non-Federal retirement system based on the
employee's service during the assignment which Office of
Personnel Management determines is similar to the employee's
Federal retirement system, no Federal retirement credit may be
allowed for the time the employee was on the assignment. If the
non-Federal salary for the employee on LWOP is greater
than the basic pay of the employee's Federal position, the basic
pay of the Federal position constitutes the maximum salary which
may be considered for Federal retirement purposes.
Federal employees on LWOP are covered by social
security, unless they had no social security coverage in their
Federal employment because they were covered by full CSRS
deductions.
All wages for employees on LWOP will be taxed the
hospital insurance portion of the FICA tax for Medicare
Part A coverage. Deductions must be withheld and reported in
accord with Treasury Fiscal Requirements Manual Instructions.
An employee on LWOP is entitled to continue coverage
for group life insurance and health benefits for the duration of
the assignment - even if the LWOP exceeds one year. To
continue these coverages, the employee must continue to pay his
or her share of the premiums through the Federal agency and the
agency will pay its share.
If the employee elects to be covered under the non-Federal
organization's life insurance or health benefits program which
the Office of Personnel Management determines is similar to the
programs for Federal employees, the assigned employee is not
entitled to continue his or her coverage under the Federal
programs.
For retirement, Medicare and group life insurance purposes,
the Federal agency is responsible for determining the applicable
rate of basic pay in accordance with the provisions of 5 USC
section 3373. The agency is also responsible for collecting,
accounting for, and depositing in the respective accounts, all
retirement, group life insurance, and health benefits payments
required to protect the rights of the employee on LWOP;
and accounting for and depositing in the respective funds all
agency contributions. As part of the written agreement, the
agency must furnish the employee with specific information about
how, when, and where payments are to be submitted. The agency
must also keep the employee informed on all developments which
affect rates, coverage, and enrollment under the retirement,
Medicare, life insurance, and health benefits programs (e.g.,
open seasons, new coverages, changes in laws).
Service on a LWOP assignment is creditable in full for Federal salary
purposes including within-grade increases, and leave accrual. Determination of
an acceptable level of competence for within-grade increase purposes under 5 CFR
part 531, subpart D is waived for periods of service under an assignment to a
non-Federal organization.
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Incentive
Awards For Federal Employees on Intergovernmental Personnel Act Assignments
Federal employees are eligible to receive awards for
contributions and suggestions related to their work on mobility
assignments. In deciding whether a Federal employee on an
Intergovernmental Personnel Act assignment should receive an
award, agency officials should be particularly mindful of the
relationship between the accomplishments of the assignment and
the mission of the agency. There should be substantial benefit
accruing to the Federal agency's programs and activities for the
agency to grant a cash award. The costs of an award for a
mobility assignee can be shared between the participating
agencies.
If a non-Federal organization wishes to grant a cash award to a Federal
employee on a mobility assignment, the employee's agency must be informed of the
award, the reasons for it, and must concur in this action. If concurred with, a
copy of the documentation should be retained in the employee's Official
Personnel Folder. Such awards may be either cash or honor awards.
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Obligated Service
Requirement
Regulations require that a Federal employee must agree, as a condition of
accepting a mobility assignment, to return to the Federal Government and to
serve for a period of time equal to the length of the assignment. If the
employee fails to carry out this agreement, he or she must reimburse the Federal
agency for its share of the costs of the assignment (exclusive of salary and
benefits). Federal agency officials may waive this reimbursement for good and
sufficient reason.
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Return to Duty
At the completion of a mobility assignment, the agency should
return the employee to the same position he or she occupied at
the time the assignment began or reassign the individual to
another position of like pay and grade level. If promoted while
on assignment, the employee should be returned to the new
position at the completion of the assignment. If the return to
duty is accompanied by a geographic move, the employee's total
pay may be reduced because of a lower locality pay. This is not
an adverse action because locality pay is not basic pay for
adverse action purposes.
A returning employee who is not satisfied with the position in
the Federal agency to which he or she will be assigned has the
right to seek relief through appropriate agency channels. There
is no provision for final administrative review by the Office of
Personnel Management. If the position offered the returning
employee is of a lower grade or pay than the position held
immediately before the mobility assignment, the proposed action
must be treated as an adverse action under 5 CFR part 752, when
applicable.
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U.S. Office of Personnel Management 1900 E Street NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532