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GUIDANCE FOR DEPLOYED DEPARTMENT OF
ARMY EMERGENCY-ESSENTIAL (E-E) CIVILIAN EMPLOYEES AND
SUPERVISORS
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Instructions: Click on section title
for reviewing
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| SECTION I - GENERAL INFORMATION |
- EMERGENCY-ESSENTIAL (E-E)
- SUPERVISORY CONTROLS
- SPECIAL ORDERS
- DISCIPLINARY ACTIONS
- ACCOUNTABILITY - CIVTRACKS
- GROOMING STANDARDS
- UNIFORMS
- LIVING CONDITIONS
- FORCE PROTECTION
- SUPPORT SERVICES (MAIL, LAUNDRY, MEDICAL)
- DOD ANTHRAX VACCINATION PROGRAM
- DOD SMALLPOX VACCINATION PROGRAM
- WEAPONS
- AWARDS AND MEDALS
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| SECTION II - TOUR OF DUTY |
- EMERGENCY TRAVEL AND LEAVE
- ANNUAL LEAVE
- RESTORED ANNUAL LEAVE
- SICK LEAVE
- HOURS OF WORK
- REST AND RELAXATION
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| SECTION III - CIVILIAN PAY |
- COMBAT ZONE TAX EXEMPTION (CZTE)
- PAY LIMITATIONS
- PREMIUM PAY
- HOSTILE FIRE PAY
- FOREIGN POST DIFFERENTIAL
- DANGER PAY
- IMMINENT DANGER PAY
- CLAIMS PROCEDURES
- MISSING IN ACTION STATUS
- TAX EXEMPTION
- TAX FILING
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| SECTION IV - BENEFITS |
- CASUALTY STATUS
- LIFE INSURANCE
- WORKERS' COMPENSATION
- EMERGENCY CONTACT DATA SYSEM
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| SECTION V - DEPLOYMENT
REFERENCES |
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- EMERGENCY ESSENTIAL
CIVILIANS: An emergency-essential (E-E) employee is a
civilian employee who occupies an E-E position and has signed an
Overseas E-E Position Agreement, DOD Civilian Employee (DD Form
2365). Form can be found on https://web1.whs.osd.mil. An E-E position is a
civilian position located overseas OR one that would be transferred
overseas during a crisis situation. The position is required to
ensure the success of combat operations or to support combat
essential systems subsequent to mobilization or an evacuation
order. Due to unforeseen circumstances or the exigencies of a
particular crisis, it may become necessary to identify positions as
E-E that have not been previously identified as such. ALL
CIVILIAN EMPLOYEES DEPLOYING TO COMBAT OPERATIONS / CRISIS
SITUATIONS ARE CONSIDERED E-E REGARDLESS OF VOLUNTEER STATUS OR THE
SIGNING OF THE E-E POSITION AGREEMENT. THE EMPLOYEE WILL BE IN AN
E-E STATUS FOR THE DURATION OF THE ASSIGNMENT.
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- SUPERVISORY CONTROLS:
During deployment, a civilian employee is under the direct command
and control of the on-site supervisory chain. Deployed employee
must comply with all General Orders and on-site policies and
procedures. The on-site immediate supervisor is responsible for the
following typical personnel administrative duties: assign tasks,
define work parameters, review performance, evaluate employee
accomplishments as appropriate and initiate informal performance
and disciplinary actions (oral and written counseling and letters
of warning, etc) when necessary. Formal actions (suspensions,
removals, etc) related to performance and discipline will be
coordinated with employee's home station supervisor.
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- SPECIAL
ORDERS: Commander, CFLCC may impose special rules and
policies based on mission necessity, safety and unit cohesion. The
host nation may also impose special laws and rules. The specific
customs, traditions, and restrictions of the host nation are
typically addressed in a pre-deployment briefing. Compliance is
required. The following orders cover alcohol use, leave, and
firearms. These and other documents can be found on SIPR CFLCC
website.
- CFLCC Memo, dated 5 Mar 02, subj: Revised OEF Rest and
Recuperation (R&R Leave Policy
- CFLCC Memo, dated 27 Dec 02, subj: Authorization for DA
Civilians and U.S. Contractors to Carry Firearms for Personal
Protection in the CFLCC AOR
- CFLCC Memo, dated 11 Apr 01, subj: Partial Waiver of USCENTCOM
General Order Number 1A
- CFLCC Memo, dated 19 Dec 00, subj: Prohibited Activities for
U.S. Department of Defense Personnel Present Within the United
States Central Command (USCENTCOM) AOR
- CFLCC Memo, dated 28 Dec 01, subj: Granting Overtime and
Compensatory Time to Department of Army Civilians in a Deployed
Status.
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- DISCIPLINARY ACTIONS:
Deployed civilians are NOT covered by the Uniform Code of Military
Justice (UCMJ) unless war has been declared by the U.S. Congress.
All other situations entitle the civilian to grievance/appeal
rights during normal administrative disciplinary procedures.
Civilian employees are subject to the area of operation (AOR)
"chain of command" and any applicable general orders, policies, and
procedures. Civilians who leave the AOR without proper
authorization will be subject to disciplinary action, up to and
including, possible removal from federal service.
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- ACCOUNTABILITY -
CIVTRACKS: HQDA has developed an automated civilian
tracking system (CIVTRACKS) for Army civilian appropriated fund
(AF) and non-appropriated fund (NAF) employees who are deployed to
contingency operations or emergency situations. CIVTRACKS should
also be used by other DOD employees. HQDA message, DTG 161410Z Jan
03, subject: Army Contractor Personnel Accounting encourages U.S.
contractor personnel to input their data into CIVTRACKS. CIVTRACKS
is a web-based utility for maintaining accountability of civilian
personnel deployed OCONUS in an operational theater. CIVTRACKS is
located at https://cpol.army.mil/civtracks. Unclassified
PASSWORD: CIVTRACKS and USERID: YAR8=6Zk?M. Additional DA
information is provided at the website. CIVTRACKS will eventually
be put on AKO.
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- GROOMING STANDARDS: DA/DOD
civilian employees are NOT subject to military grooming standards
as they apply to hair styles, facial hair, or the use of cosmetics.
The primary grooming standard for civilian employees is that
grooming will not interfere with the health and safety of the
individual or others in the performance of their duties. Employees
will otherwise present a neat and professional appearance while on
duty.
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- UNIFORMS: Commander, CFLCC has
authorized civilians to wear Desert Camouflage Uniforms (DCUs).
When required, the uniform will be worn IAW AR 670-1, Wear and
Appearance of Military Uniform. The name strip, with last name,
will be worn above the right pocket. The U.S. triangle (civilian
patch), if available, will be worn above the left pocket, or on the
left shoulder sleeve. The U.S. flag will be worn on the right
shoulder sleeve. DA Pam 690-47 and AR 700-84 provide guidance and
procedures for obtaining uniforms.
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- LIVING CONDITIONS: Field
conditions are the same for civilians as the military personnel,
commensurate with grade and rank equivalency as identified in the
Geneva Conventions. There is a general lack of privacy and limited
opportunity for recreation during non-duty hours. Housing may
consist of tents or other communal structures. Rental cars are not
normally authorized. Food may be prepackaged rations or served in a
military dining facility, which means special diets may be
unavailable. Showers may be communal; otherwise, bathing may be
from a bucket or helmet. Religious services are provided by
military chaplains.
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- FORCE
PROTECTION: To be published.
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- SUPPORT SERVICES (MAIL, LAUNDRY, MEDICAL,
DENTAL): These services will be provided at no cost to
deployed civilians and will be equivalent to those provided to
military service members.
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- DOD ANTHRAX VACCINATION
PROGRAM: DOD has resumed its anthrax vaccination
program. All US military personnel and DOD emergency essential
civilians (includes Red Cross personnel) and contractors who travel
to Southwest Asia will receive the anthrax vaccination series.
Ideally, personnel would receive at least the first three of the
six-shot series of anthrax vaccinations prior to going to SWA. The
Secretary of the Army is the executive agent for the Department's
anthrax vaccination program and is overseeing implementation of the
program for the Services.
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- DOD SMALLPOX VACCINATION
PROGRAM: OSD Memo, dated 13 Dec 2002, subject: Policy
on Administrative Issues Related to Smallpox Vaccination Program
(SVP) issued SVP implementing policy. HQDA memo, dated 10 Jan 2003,
subject: Army Smallpox Vaccination Program Implementation Plan,
signed by Vice Chief of Staff issued DA's SVP plan for military
personnel. Memo says Vice Chief of Staff will transmit a separate
directive to MACOMs directing implementation of the SVP for
civilian employees after national labor relation's
obligations have been met. HQDA msg, DTG 140748Z Feb 03, subj: Army
Authorization to Proceed with Smallpox Vaccination Program (SVP)
for Army Civilian Employees transmits guidance on vaccinating Army
civilians. Vaccinations are mandatory except for certain medical
and administrative exemptions.
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- WEAPONS:
Commander, CFLCC may authorize DA civilians and U.S. contractors to
carry government owned firearms for personal protection in the
ARCENT/CFLCC AOR. Authorization is only applicable for the
geographic location specified by Commander, CFLCC, or his
designated representative. CFLCC policy on this issue can be found
on the SIPR.
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- AWARDS AND MEDALS: U.S.
citizen employees and contractors supporting theater operations may
be eligible to receive monetary and honorary civilian award
recognition as follows:
- NATO Medal
- The Armed Forces Civilian Service Medal
- The Civilian Award for Humanitarian Service
- The Achievement Medal for Civilian Service
- The Commander's Award for Civilian Service
- The Superior Civilian Service Award
- The Meritorious Civilian Service Award
- Secretary of Defense Medal for Defense of Freedom
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- EMERGENCY TRAVEL AND
LEAVE: In emergency situations, Department of Army
civilian employees are normally notified by official Red Cross
message. If the emergency requires the employee to return to the
United States, the employee needs to notify their on-site
supervisor and contact their home station supervisor for
notification and approval of appropriate leave. Current U.S.
appropriated fund employees and those non-appropriated fund
employees with transportation agreements are eligible for emergency
travel orders. Family member eligibility is based upon their
identification and Privilege Card.
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- ANNUAL
LEAVE: Normally, annual leave will not be approved
while deployed except when authorized rest and recreation periods
are permitted in the AOR. Commanders have the authority to grant
annual leave under special circumstances. Excess annual leave
accrued while deployed will be permitted for carry-over upon return
to the home station. OPM 71 Request for Leave or Approved Absence
is provided at https://www.opm.gov/forms.
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- RESTORED ANNUAL LEAVE:
Interim regulations, effective 2 November 2001, subject: Restoring
Annual Leave for Employees Deemed Essential in the National
Emergency authorizes emergency essential employees to have their
leave restored whether or not it was scheduled in advance. This
amendment relieves employees and supervisors from the
administrative burden of scheduling, canceling, and restoring
excess annual leave in this situation. Restored annual leave must
be scheduled and used by the end of the leave year ending two years
after the termination of the exigency of the public business. On 14
September 2001, President Bush declared a "National Emergency by
Reason of Certain Terrorist Attacks" constitutes an exigency of the
public business, which justifies the restoration of any forfeited
annual leave in excess of the maximum allowable limits.
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- SICK
LEAVE: On-site supervisors may approve sick leave. OPM
71 leave form can be found on https://www.opm.gov/forms.
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- HOURS OF
WORK: The authority for establishing and changing the
tours of work for civilian employees is delegated to Commander,
CFLCC or his designated representative. The duration of the duty is
dependent upon the particular operation and will be established by
the responsible commander. A typical deployed civilian schedule is
a 40-hour workweek, plus some additional overtime hours dependent
upon mission requirements. There is NO guaranteed number of
overtime hours for DA civilian employees.
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- REST AND RELAXATION: DA
civilians deployed in support of OEF after serving five continuous
months are eligible for R&R. R&R is a chargeable leave
program, i.e. annual leave. Travel to and from R&R areas is
provided on a space required basis. Travel time to and from R&R
areas is NOT charged as leave. Excused absence (administrative
leave) is NOT authorized. CFLCC policy on this issue can be found
on the SIPR.
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- COMBAT ZONE TAX EXCLUSION (CZTE)
FOR DOD CIVILIANS. CZTE afforded uniformed military
members does not apply to DOD civilians. Federal government
salaries are subject to taxation.
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- PAY
LIMITATIONS:
- Bi-weekly Maximum Earnings (5CFR550.105):
Effective 11 Sep 02, the Under Secretary of Defense (Personnel
& Readiness) determined that the situation involving attacks on
WTC and the Pentagon and its aftermath meets the
emergency criteria within the meaning of Title 5, US Code 5547(b).
Therefore, effective the first pay period including 11 Sep 02,
employees performing work directly related to this emergency
situation are paid under the annual limitation defined in
5CFR550.106. BOTTOMLINE - the bi-weekly pay cap has been lifted for
all civilian employees deployed in support of Operation Enduring
Freedom.
- Payroll Notification: The Defense Finance and
Accounting Service (DFAS) has requested servicing payroll offices
be informed in writing of employees who are exempt from the
bi-weekly pay cap. Employees servicing CPAC should coordinate this
requirement.
- Annual Limitation on Premium Pay for Emergency Work
(Title 5, US Code 5547 and 5 CFR 550.106): Deployed
employees who perform work in connection with OEF will be paid
premium pay only to the extent that the aggregate (sum) of the
employee's basic pay and premium pay, e.g., overtime, Sunday
premium pay, holiday pay, etc., for any calendar year does not
exceed the maximum rate payable for GS-15, step 10 (including any
special salary rate or locality rate of pay), or level V of the
Executive Schedule.
- Annual Aggregate Limitation of Pay (5CFR530.203):
This provision limits the total amount of compensation an employee
can be paid during the calendar year. Specifically, no executive
branch employee may receive any allowance, bonus, differential,
award, or other similar payment in combination with their basic pay
that would cause the aggregate compensation to exceed the rate
payable to the Executive Level I on the last day of the calendar
year.
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- PREMIUM
PAY:
- Overtime: Overtime is paid for hours authorized
and worked by a civilian employee in excess of 8 hours per day or
40 hours per week (NAF employees earn overtime after 40 hours per
week). The dollar amount is limited to the hourly rate for GS-10,
step 1. Overtime under field conditions is considered occasional or
irregular for payroll purposes. Fair Labor Standards Act (FLSA) for
payment of overtime does NOT apply in a deployment.
- Night Differential: Night differential is paid for
hours regularly scheduled and worked after 1800 hours until 0600.
The amount paid is the hourly base rate, plus 10%.
- Holiday Pay: Holiday pay is paid for work
performed during a holiday which corresponds to the employee's
normal tour of duty.
- Compensatory Time: Overtime under field conditions
is considered irregular or occasional for payroll purposes. GS and
WG are permitted compensatory time in lieu of pay. However,
discretion must be used when making the determination for
compensatory time, as deployment conditions will normally preclude
the employee's use of these hours. Employees have up to 26 pay
periods, beyond the pay period in which the compensatory time was
earned, to take time off. After that time period, the compensatory
hours will be paid at the overtime rate in effect at the time
worked. Compensatory time is subject to the same pay cap
limitations.
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- HOSTILE FIRE PAY: Currently,
Hostile Fire Pay is not authorized for DOD employees deployed in
support of OEF. The FY 2002 National Defense Authorization Act,
Title XI, Civilian Personnel Matters, Sec. 1111, Authority to
Provide Hostile Fire Pay, applies to DOD employees during hostile
fire or imminent danger situations unless the employee is receiving
a Foreign Post Differential or Danger Pay.
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- FOREIGN POST DIFFERENTIAL
(FPD): The Department of State determines the
entitlement and the rate of FPD for each geographic location. FPD
is paid up to 25% of basic pay. FPD begins on the 43rd
day of duty for employees on TDY assignment. FPD for employees on
TCS begins on the date of arrival at post. Once initial eligibility
is established for FPD, the period is not considered to be
interrupted when the employee departs the AOR for the US, if the
travel is for the convenience of the Government and it does not
exceed fourteen consecutive days. This allowance is subject to
federal and state income tax deductions.
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- DANGER PAY
(DP): This entitlement is administered by the
Department of State. The allowance is paid to civilian employees
serving in designated foreign areas. DP is paid up to 25% of the
basic pay. DP under DSSR 652f begins on the day of arrival and
continues after FPD begins on Day 43. DP is subject to federal and
state income tax laws. It is possible for the combination of FPD
and DP to exceed 25% collectively depending upon the deployed
location.
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- IMMINENT DANGER PAY (IDP):
Under DOD Regulation, Volume 8, Chapter 3, the imminent danger pay
allowance shall be the same flat rate ($150 per month) paid to
uniformed military personnel, but calculated as a daily rate for
the number of days actually present in the IDP authorized area. IDP
under DSSR 652g begins 30 days after arrival at designated site and
continues until FPD begins on Day 43. Political violence (danger
considerations) is included in the FPD rate. IDP is subject to
federal and state income tax laws.
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- CLAIMS PROCEDURES: Claims for
FPD, DP and IDP allowances must be initiated by the employee at
their CPAC and processed using the SF 1190, Foreign Allowances
Application, Grant, and Report revised version dated Jan 98. The
responsible CPAC will provide the employee with instructions on
form completion and will counsel their employees on eligibility and
repayment (should overpayment occur). Properly completed SF1190s
will be forwarded to the servicing CPOC where a payment memorandum
will be compiled. The DFAS payroll system will pay, terminate or
collect allowances from employees.
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- MISSING IN ACTION
STATUS: All pay and allowances will be continued,
including within grade increases, if a civilian is in a "missing in
action" status.
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- TAX
EXEMPTION: There is NO authorized general exemption on
salaries. However, the IRS (as of 2001) established an exemption
for U.S. Government employees who die as a result of wounds or
injuries while employed by the U.S. Government outside the United
States. The wounds or injuries must have been caused by terrorist
or military action directed against the United States or its
allies. The taxes are forgiven for the deceased employee's tax
years beginning with the year immediately before the year in which
the wounds or injury occurred and ending with the year of death. If
the deceased Government employee and the employee's spouse filed a
joint return, only the decedent's part of the joint tax liability
is forgiven.
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- TAX
FILING: A U.S. Government employee, who serviced in a
combat zone or other hazardous duty area in support of the Armed
Forces, can get certain deadline extensions for filing tax returns,
paying taxes, filing claims for refund, and completing other
tax-related acts. IRS Publication 516 (Rev. April 2001), U.S.
Government Employees Stationed Abroad, Catalog number 15020M,
provides the details of the extension provisions. The website for
information is www.irs.gov.
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- CASUALTY
STATUS: Civilian employees killed in the line of duty
are entitled to many of the same benefits as military casualties.
Mortuary benefits for eligible employees include search, recovery
and identification of remains; disposition of remains; removal and
preparation of remains; casket, clothing; cremation (if requested);
and transportation of remains to permanent duty station or other
designated location.
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- LIFE
INSURANCE: Federal civilian employees are eligible for
coverage under the Federal Employees Group Life Insurance (FEGLI)
program. Public Law 106-398, effective 30 October 2000, E-E
employees were provided the opportunity to elect basic FEGLI
coverage upon designation as E-E. Death benefits (under basic and
all forms of optional coverage) are payable regardless of cause of
death. The Office of Personnel Management (OPM) has confirmed that
civilians who are deployed with the military to combat support
roles during times of crisis are not "in actual combat" and are
entitled to accidental death and dismemberment benefits under
FEGLI.
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- WORKERS COMPENSATION: US
civilian appropriated fund employees incurring injuries while
deployed are covered under Department of Labor, Federal Employees
Compensation Act (FECA). Injury forms should be completed as soon
as possible and submitted to employees servicing CPAC. Any employee
experiencing a reaction to the smallpox vaccination would be
entitled to workers' compensation coverage.
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- EMERGENCY CONTACT DATA
SYSTEM: The U.S. Army developed an electronic
Emergency Contact Data System, a web-based next of kin notification
system for the US citizen appropriated fund and non-appropriated
fund employees. DA strongly encourages all US citizen employees to
complete their emergency contact information at the website, http://www.cpol.army.mil, under "Emergency
Contact Data". The system was developed to improve the emergency
notification process for US citizens (appropriated fund and
non-appropriated fund) employees. Employee participation is not
mandatory. However, it is in the best interest of the employee and
their families that accurate data is maintained for future
reference in event of an emergency situation. Notification will be
handled by the Casualty Area Command.
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- http://cpol.army.mil/library/mobil/0902-one-oef.html
- CONSOLIDATED PERSONNEL POLICY GUIDANCE FOR OPERATION ENDURING
FREEDOM
- WWW.USAPA.ARMY.MIL - DA PAM 690-47, CIVILIAN
PERSONNEL DA CIVILIAN EMPLOYEE DEPLOYMENT GUIDE
- WWW.OPM.GOV/OCA/LEAVE - OPM 71, REQUEST FOR
LEAVE
- WWW.OPM.GOV/OCA/PAY - GS PAY LIMITATIONS
- WWW.CPOL.ARMY.MIL - EMERGENCY CONTACT DATA
- WWW.CPOL.ARMY.MIL - CIVTRACKS
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