U.S. Office of Personnel Management - Ensuring the Federal Government has an effective civilian workforce

Human Resource Development (HRD) Flexibilities

Federal law and regulations provide many ways to support Title 5 employees' training and development. Agencies are encouraged to use these flexibilities to meet agency needs and to support employee self-development and learning. This document shares examples of flexibilities in current Federal training law and regulations.

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Paying Costs of Training and Education from Program Funds (Title 5 USC §4112)

Agencies may pay training and education expenses from appropriated funds or other available funds. Program funds may be used to pay for training needed to support program functions.

Examples:

The agency procurement officer may use program funds to pay for Government provided training of the agency acquisition workforce.

An agency program manager may use his or her program funds to pay for non-Government provided technical training for General Schedule or Wage Grade employees.

Paying Costs of Training and Education In Advance (Title 5 USC §4109(a)(2))

Agencies may pay a vendor the costs of training or education in advance. They may also advance an employee all or part of the costs of approved training and education. Expenses of training include the cost of tuition; purchase or rental of books, materials and supplies; library and laboratory fees; and travel, per diem and relocation expenses.

Example:

If a facility requires payment of tuition prior to admitting a student to a course, the agency may pay the tuition when an employee enrolls. An agency may pay all or part of the tuition directly to the facility. To encourage employees to pursue education, an agency may establish a tuition reimbursable program and advance employees some or all of the cost of college tuition.

Reimbursing Employees for Training and Education Costs (Title 5 USC §4109(a)(2))

An agency may reimburse employees for all or part of the costs of training or education. Expenses of training include the cost of tuition; purchase or rental of books, materials, and supplies; library and laboratory fees; and travel, per diem, and relocation expenses.

Example:

To encourage employees to pursue education, an agency may establish a tuition reimbursement program and reimburse employees for some or all of the cost of tuition for successfully completed courses. Some tuition reimbursement programs tie reimbursement to the grade employees earn in the course. An "A" might receive 100 percent reimbursement; a "B," 75 percent; and a "C," 50 percent.

In the absence of an agency tuition reimbursement program, a manager may use an agency training form to approve training and specify what expenses the agency will pay for. The employee pays for the training and submits claims for reimbursement when the training is completed.

Sharing the Costs of Training and Education with Employees (Title 5 USC §4109(a)(2))

Agencies may share training and education costs with employees. This authority allows agencies to support training and education that benefits both the agency and the employee.

Example:

If both agree, an agency may pay some of the costs of training, while the employee pays the balance. Again, if both agree, an agency may pay all or some of the costs, while the employee attends training during his or her own time.

Paying Training Costs	Training on Duty or Non-Duty Hours
Agency pays the costs of training	Employee attends during duty hours
Agency pays the costs of training	Employee attends during non-duty hours
Agency pays some of the training costs Employee pays the balance	Employee attends during duty hours
Agency pays some of the training costs Employee pays the balance	Employee attends during non-duty hours
Employee pays all the training costs	Employee attends during duty hours
Employee pays all the training costs Agency reimburses part or all of costs when course successfully completed	Employee attends during duty hours
Employee pays all the training costs Agency reimburses part or all of costs when course successfully completed	Employee attends during non-duty hours

Paying for Professional Credentials

The Defense Authorization Act for FY 2002, codified in Title 5 USC §5757 allows agencies to use appropriated funds or funds otherwise available to the agency to pay for expenses for employees to obtain professional credentials, including expenses for professional accreditation.

This authority allows the head of an agency the flexibility to pay for licenses and credentials that relate to the mission, goals and objectives of that agency. Use of this authority must be applied consistent with the merit systems principles as set forth is Title 5 USC §2301 and consistent with any collective bargaining obligations.

In addition, unless permitted by law, regulation, or Office of Personnel Management policy, agencies must not establish minimum qualification requirements based upon the presence of a license or certification. Agencies have the flexibility to use certification as a quality ranking factor or a selective factor. However, when used as a selective factor, subject matter experts must determine that the certification is necessary for satisfactory job performance.

Paying for credentials is discretionary and agencies should develop an internal policy describing how the program will be implemented. Agencies who wish to implement this authority "may not exercise this authority on behalf of any employee occupying or seeking to qualify for appointment to any position that is excepted from the competitive service because of the confidential, policy-determining, policy-making, or policy-advocating character of the position." (Pub. L. 107-107, Title 5 USC §5757)

Paying for Academic Degrees (Title 5 USC §4107))

Revision of Section 4107 of Title 5 United States Code (USC) allows an agency to pay or reimburse employees for the cost of academic degree training when such training contributes significantly to meeting an identified agency training need, resolving an identified agency staffing problem, or accomplishing strategic goals in the agency. Such training must be part of a planned, systemic, and coordinated agency employee development program, linked to accomplishing strategic goals. Such training must be accredited and provided by a college or university that is accredited by a nationally recognized body, which is, a regional, national, or international accrediting organization recognized by the U.S. Department of Education.

Allowing Employees to Accept Training or Reimbursement of Training Expenses from a Non-Profit Organization (Title 5 USC §4111)

A special provision of training law allows agencies to establish procedures under which employees may accept reimbursement or waiver of tuition fees from non-profit organizations.

Accepting free tuition or reimbursement of training expenses must not compromise the integrity of the employee or represent a payment for services rendered to the non-profit organization prior to the training. Prior approval from a designated high level agency official is required, often following a consultation with, or review by, the designated agency ethics official.

Example:

The American Society of Training and Development, a non-profit organization invites the agency training officer to attend an upcoming train-the-trainer class free of charge. With prior approval, under established agency procedures, the employee may accept the invitation and participate in the course.

Paying Training And Education Related Travel Expenses

Travel, per diem, and transportation are training expenses governed by Title 5 USC §4109(a)(2)(A) and (B). The provisions in law that pertain to paying all or some of the costs of tuition and other training expenses apply to paying travel expenses. This means that the agency decides which travel expenses it will pay for employees assigned to training.

Examples:

• An agency may pay the costs of training related travel and per diem from program funds (Title 5 USC §4112).
• An agency may pay the costs of travel to a carrier in advance or advance an employee some or all of the cost of travel (Title 5 USC §4109(a)(2)).
• An agency may reimburse an employee for training related travel expenses (Title 5 USC §4109(a)(2)).
• An agency may share the costs of travel with an employee (Title 5 USC §4109(a)(2)).
• An agency may pay a reduced per diem rate to an employee in training status.
• An agency, at its discretion, may pay limited relocation expenses for an employee assigned to training for lengthy periods of time.

Examples:

Paying Training Related Travel Expenses	Training During Duty or Non-Duty Hours
Agency pays all the costs of travel	Employee attends during duty hours
Agency pays all the costs of travel	Employee attends during non-duty hours
Agency pays some of the travel costs Employee pays balance	Employee attends during duty hours
Agency pays some of the travel costs Employee pays balance	Employee attends during non-duty hours
Employee pays all the travel costs	Employee attends during duty hours
Employee pays all the travel costs Agency reimburses part or all of costs when training successfully completed	Employee attends during duty hours
Employee pays all the travel costs Agency reimburses part or all of costs when training successfully completed	Employee attends during non-duty hours

Adjusting Employees’ Work Schedules for Educational Purposes (Title 5 CFR §610.122)

Agencies may adjust an employee’s normal work schedule for educational purposes. This authority allows the employee to take courses not related to his or her official duties. A special tour of duty is permissible if the following conditions are all met:

• It will not appreciably interfere with work accomplishment.
• The agency incurs no additional personal services costs.
• Course completion will equip employee to more effectively work in the agency.
• The employee receives no premium pay while on the special tour of duty, even though premium pay would be otherwise payable.

Example:

The work schedule of an administrative employee in a scientific agency, who is pursuing a degree in chemistry, may be adjusted to accommodate the employee’s academic schedule if the conditions above are met.

The meeting authority in Title 5 USC §4110 is separate from the training authority elsewhere in Title 5 USC Chapter 41. The meeting authority is not subject to the other provisions of training law.

Paying Expenses to Attend Meetings from Appropriated Funds (Title 5 USC §4110)

Professional meetings and conferences are valuable sources of information about innovative practices and current trends in various fields. Training law provides an exception to the prohibition in Title 5 USC §5946(1) on using appropriated funds to pay employee expenses for attending professional meetings.

Title 5 USC §4110 allows an agency to use funds appropriated for travel expenses to pay for employees' expenses to attend meetings, if the meetings

• Concern functions or activities for which the appropriation is made, or
• Will contribute to improved conduct, supervision, or management of the functions or activities.

Example:

If one of the two conditions above is met, an agency may pay the registration and travel expenses for a public relations specialist to attend a Professional Communicators of America meeting or for an agency ethics officer to attend the Annual Ethics Conference. Paying employees' expenses to attend meetings of organizations representing Federal employees is also permitted if the meeting is for developmental purposes or the agency will derive some benefit from the employee's attendance. (Title 5 CFR §251.202 (a)(2))

Allowing Employees to Accept Reimbursement of Meeting Expenses from a Non-Profit Organization (Title 5 USC §4111)

A special provision of training law allows agencies to establish procedures under which employees may accept payment, or reimbursement, of travel, subsistence and other expenses incident to attending meetings from a non-profit organization.

Accepting meeting expenses must not compromise the integrity of the employee or represent a payment for services rendered to the non-profit organization prior to the meeting. Prior approval from a designated high level agency official is required, often following a consultation with, or review by, the designated agency ethics official.

Example:

The American Psychiatric Association, a non-profit organization offers to reimburse the chief agency psychiatrist for travel expenses for an upcoming conference. Under established agency procedures, the employee may accept expense registration, given agency approval.

Paying Individual Employee’s Membership Fees

Title 5 USC §5946(1) prohibits using appropriated funds to pay for individual employee memberships in professional associations and societies. There are; however, several ways for an agency to obtain the professional, scientific, and technological information that associations provide their members. Two examples are described below.

Examples:

Association membership is often included in registration fees for a conference or meeting. If the agency pays the registration fees, the employee's membership in the association is an incidental by-product of meeting attendance.

In addition, agencies may purchase an organizational membership in the association or society. They may also purchase a membership for a specific agency position, such as the position of Medical Director. The incumbent in that position uses membership to improve the conduct, supervision, or management of his or her function.

A continued service agreement is an agreement an employee makes to continue to work for the Government for a pre-established length of time in exchange for Government sponsored training or education. The service obligation begins when the training is completed. If the employee voluntarily leaves Government service before completing the service obligation, he or she must repay the Government all or some of the costs of the training (excluding salary).

Agencies may require service agreements for training of long duration or of high cost. With this authority, agencies protect their investment and secure a period of service from an employee once the employee completes the training.