1. What is the purpose and scope of this section? The purpose of this section is to establish procedures and guidance for administering the Part-Time Employment Program in the Federal Highway Administration (FHWA). This section implements the requirements of the Federal Employees Part-Time Career Employment Act of 1978, which encouraged a greater Federal commitment to utilizing employees who need or wish to work less than the traditional 40-hour workweek. This section applies to all FHWA organizational entities employing personnel under the Federal Employees Part-Time Career Employment Act of 1978.

2. Does this directive cancel an existing FHWA directive? Yes. This directive cancels FHWA Personnel Management Manual (PMM) Part 1, Chapter 2, Section 3, Part-time Employment Program, dated June 28, 1996. Information from PMM Part 1, Chapter 2, Section 3, has been revised and renumbered as Part 1, Chapter 2, Section 2.

3. What references were used when writing this section?

   1. Part 1405 of Title 29, Code of Federal Regulations (CFR), Part-Time Employment.

   2. Public Law (P.L.) 95-437, Federal Employees Part-Time Career Employment Act of 1978.

   3. Title 5, CFR, Part 340, Other Than Full-Time Career Employment (Part-Time, Seasonal, On-Call, and Intermittent).

   4. Title 5, United States Code (U.S.C.) Chapter 34.

   5. Office of Personnel Management (OPM) Part-Time Employment and the Job Sharing Guide (http://www.opm.gov/wrkfam/jobshare.asp).

   6. OPM Guide to Processing Personnel Actions, Chapter 24, Change in Work Schedule/Change in Hours.

4. What are the objectives and advantages of the Part-Time Employment Program? The objectives of the Part-Time Employment Program are to provide increased part-time career employment opportunities throughout the Federal government. Some advantages of the Part-Time Employment Program, according to Congressional findings, are that the program:

   1. Provides parents with opportunities to balance family responsibilities with the need for additional income;

   2. Provides employment opportunities to disabled individuals or others who require a reduced workweek;

   3. Provides older individuals a gradual transition into retirement;

   4. Benefits employees who need to work less than the traditional 40-hour workweek in order to recover from an illness, pursue an education, balance routine and/or unexpected workload and family demands, devote time to a volunteer activity in the community, participate in a special activity, etc;

   5. Benefits students who must finance their own education or vocational training;

   6. Benefits the Federal government, as an employer, by:

      1. (1)  Increasing productivity and job satisfaction while lowering turnover rates and absenteeism;

      2. (2)  Offering management more flexibility in meeting work requirements and filling shortages in various occupations;

      3. (3)  Retaining highly qualified employees or those with special skills who may not be able or may not want to work a full-time schedule;

      4. (4)  Serving as a performance incentive;

      5. (5)  Increasing employee effectiveness;

      6. (6)  Providing work coverage during recurring workload surges;

      7. (7)  Reducing employment expenditures; and

      8. (8)  Supporting agency affirmative action goals; and

   7. Benefits society by offering a needed alternative for those individuals who require or prefer shorter hours (despite the reduced income), thus increasing jobs available to reduce unemployment while retaining the skills of individuals who have training and experience.
       

5. What are the key definitions used in this section?

   1. Part-Time Career Employment. "Part-Time Career Employment" means regularly scheduled work from 16 to 32 hours each week (or between 32 and 64 hours a pay period) performed by an employee who has a career or career-conditional appointment (or the equivalent in the excepted service). Employees on a part-time schedule are eligible (on a prorated basis, in most cases) for the same benefits as full-time employees: leave, retirement, health and life insurance coverage (see paragraph 9).

   2. Job Sharing."Job Sharing" is a form of part-time employment in which the schedules of two or more part-time employees are arranged to cover the duties of a single full-time position. Typically, a job sharing team consists of two employees at the same grade level, but other arrangements are possible. Job sharers are subject to the same personnel policies as other part-time employees. Under a job sharing agreement, where there is limited Full-Time Equivalent (FTE) ceiling, the two job-share employees may be restricted to working a total number of hours not to exceed 80 hours in a pay period.

6. Who is covered under the Part-Time Career Employment Program? The FHWA Part-Time Career Employment Program applies to individuals eligible for, or already employed in, positions up to and including grade GS-15. Included are employees on career or career conditional (or equivalent excepted service) appointments whose regularly scheduled work is from 16 to 32 hours per week (or 32 to 64 hours during a bi-weekly pay period).

7. What are the procedures for filling positions under the Part-Time Employment Program?

   1. Participation. Participation in the Part-Time Employment Program is voluntary. An employee desiring a change in employment from full-time to part-time (or vice versa) should submit a formal written request to the first level supervisor. The first-level supervisor will evaluate the request in terms of workload, potential benefits, retention of a valuable employee, and the best interest of the Federal government, and will then make his/her recommendation to the second-level supervisor. The second-level supervisor evaluates the employee's request, organizational needs, employment ceilings, and any other pertinent considerations, and he/she approves or disapproves the employee's request. A decision should be made, and the employee should be notified in writing within 15 workdays from the date of the formal written request.

      1. (1)  Covered Positions. There are no regulations that limit part-time employment to specific jobs or grade levels, but arrangements should meet the needs of the organization and the employee.

      2. (2)  Approved Requests. The employee's request, an approved Standard Form (SF)-52, Request for Personnel Action, and any related documents should be forwarded to the appropriate servicing Human Resources Office.

      3. (3)  Denied Requests. The employee's request and any related documents will be forwarded to the servicing Human Resources Office and retained for one year.

   2. Reassignments A part-time employee can be reassigned to a position with promotion potential no higher than his/her current position, provided the employee meets the qualification requirements for the position.

   3. Promotions If the position being sought by a part-time employee requires a promotion or has promotion potential beyond that contained in the employee's current position, there must be competition in accordance with the merit promotion procedures outlined in the PMM, Chapter 3, Section 1, Merit Promotion Guidelines. Part-time experience will be credited on a prorated basis when evaluating specialized experience required for promotion to higher graded positions. Time-in-grade requirements for part-time employees are not prorated.

   4. Newly Hired Employees The Part-Time Employment Program can be utilized when hiring new employees into the FHWA workplace. One of the primary purposes of this program is to provide new employment opportunities for those individuals unable to work a full 40 hours per week schedule (or 80-hour biweekly schedule). Supervisors should review each vacant position to determine whether or not a part-time employee could be utilized for that position.

   5. Service Credit A part-time employee receives a full year of service credit for each calendar year worked, regardless of tour of duty, for the purpose of computing career tenure, service for retention, completion of probationary period, and leave accrual rates. Waiting periods for within-grade increases are not affected by part-time status since they are based on calendar weeks of creditable service.

   6. Job Sharing Job sharing offers supervisors considerable flexibility in scheduling and matching work schedules to meet workload peaks, and it provides a built-in backup system.

   7. Coordination. Specialists from the servicing Human Resources Office are available to provide advice and assistance to both management officials and employees regarding part-time employees.

8. How is pay set under the Part-Time Employment Program? The hourly pay rate is the same for full-time and part-time employees.

9. What are the employee benefits under the Part-Time Employment Program?

   1. Leave

      1. (1)   Annual leave is earned on a pro-rated basis as determined by years of service. For example, a part-time employee with less than 3 years of service earns 1 hour of annual leave for each 20 hours worked. For 3 to 14 years of service, 1 hour of annual leave is earned for each 13 hours worked. For 15 or more years of service, 1 hour of annual leave is earned for each 10 hours worked. The maximum carryover of annual leave at the end of the leave year is 240 hours, the same as for full-time employees.

      2. (2)   Sick leave is earned at a rate of 1 hour for every 20 hours worked.

      3. (3)   Other leave categories (e.g., absence without leave, leave without pay, court leave, excused absences) are not affected by part-time status.

      4. (4)   Part-time employees are also eligible for other leave flexibilities that are covered by the rules governing the Family and Medical Leave Act of 1993.

   2. Holidays If a holiday falls on a day in which the employee normally works, the employee is paid for the number of hours he or she was scheduled to work, not to exceed 8 hours.

   3. Health Benefits Part-time career and career-conditional employees are entitled to enroll in the Federal Employees Health Benefits Program. However, instead of the full Federal government contribution received by full-time employees, the amount of the Federal government contribution for part-time employees will be an amount that is in direct proportion to the percentage of full-time service they regularly perform. This ratio is determined by dividing the average number of hours scheduled to be worked during the pay period by the average number of hours worked by a full-time employee (normally 80 hours per biweekly pay period). Part-time employees must pay the difference between the health plan premium amount and the pro-rated Federal government contribution. The part-time employee must pay a greater percentage of the premium because the Federal government's share is prorated based on the number of hours the employee is scheduled to work each week. For example, an employee on a 20-hour-per-week schedule receives one-half of the Federal government contribution toward the premium.

   4. Life Insurance Part-time career and career-conditional employees are entitled to coverage under the Federal Employees Group Life Insurance Program. The actual amount of insurance for which an employee is eligible is based on annual salary.

   5. Retirement Benefits Retirement benefits are pro-rated for part-time service under both the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS). Computation formulas and simplified examples are provided in the appendices to this section. Because these formulas are complicated, part-time employees should contact their servicing Human Resources office for assistance in evaluating their own personal situations.

      1. (1)   FERS Annuity benefits for employees under the FERS are pro-rated to reflect the proportion of total actual hours worked under FERS (part-time and full-time combined) as compared to the total full-time hours possible over the same period of service. See Appendix 1 for more information about the annuity computation for part-time FERS service.

      2. (2)   CSRS Under the CSRS, annuity benefits for part-time service result from the sum of two computations: a pre-April 7, 1986, basic annuity computation and a post-April 6, 1986, basic annuity computation. The pre-April 7, 1986, computation does not pro-rate the annuity computation for part-time service, but the high-3 average salary reflects actual earnings (which in turn reflects part-time service) rather than the equivalent full-time salary. The post-April 6, 1986, computation uses the equivalent full-time salary for the high-3 average, but it pro-rates the annuity computation based on part-time and full-time hours worked as a percentage of full-time hours possible, similar to the FERS computation. See Appendix 2 for more information and examples of the CSRS annuity computation for part-time employees.

10. What are the hours of work for part-time employment?

    1. A regular tour of duty must be established for the employee in line with OPM regulations, which is no less than 16 hours per week and no more than 32 hours per week. An increase in the tour of duty above 32 hours per week is not usually permitted for more than two consecutive pay periods. If an increase above 32 hours per week to full-time employment is necessary for more than two consecutive pay periods on a short term or permanent basis, the action must be documented on an SF-50, Notification of Personnel Action.

    2. The overtime provisions for part-time employees are the same as those for full-time employees.

    3. Compensatory time may be earned at the discretion of the leave-approving official 

11. What is the impact of part-time employment on personnel ceilings? Regular non-overtime hours worked by part-time employees count toward the FHWA's FTE work year personnel ceiling. Part-time career employees are charged against the "Other than Full-Time Permanent Employment" ceiling. This ceiling is expressed in FTE terms, i.e., compensable work years. A part-time position counts as a percentage of a full-time job.

12. What other personnel policies are affected by the Part-Time Employment Program?

    1. Reduction-in-Force (RIF).In a RIF, part-time employees compete separately from full-time employees. A part-time employee can compete only for other part-time jobs, and he/she has no assignment rights to full-time positions. Similarly, a full-time employee has assignment rights only to full-time positions and cannot displace a part-time employee.

    2. Adverse and Performance-Based Actions. Part-time employees have the same rights as full-time employees when disciplinary actions or performance-based actions are taken against them. Adverse and/or performance-based actions include suspensions, removals, furloughs, and reductions in grade.

13. What are the reporting requirements regarding part-time employment? Upon request, the FHWA will report its progress in meeting the part-time employment goals established by the Department of Transportation's Office of Human Resources.

Par:

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What references were used when writing this section?
4. What is the background concerning this section?
5. What is the FHWA's policy concerning the Affirmative Action Program for the Hiring, Placement, and Advancement of Persons with Disabilities?
6. What are the key definitions used in this section?
7. What are the responsibilities involved regarding the Affirmative Action Program for the Hiring, Placement, and Advancement of Persons with Disabilities?
8. What is involved in the program administration of the Affirmative Action Program for the Hiring, Placement, and Advancement of Persons with Disabilities?
9. What appointment procedures are used in hiring persons with disabilities?
10. How can persons with disabilities obtain unpaid work experience?
11. What is involved in employing readers, interpreters, and personal assistants?
12. How are reassignments utilized in lieu of disability retirement?
13. What are the requirements for submitting Affirmative Action Plans and Reports?
14. What is another resource available regarding the Affirmative Action Program for the Hiring, Placement, and Advancement of Persons with Disabilities?

15. What is the purpose of this section? The purpose of this section is to establish guidelines, procedures, and reporting requirements for the Federal Highway Administration's (FHWA's) Affirmative Action Program for the Hiring, Placement, and Advancement of Persons with Disabilities.

16. Does this directive cancel an existing FHWA directive? Yes. This section cancels FHWA Personnel Management Manual (PMM) Part 1, Chapter 2, Section 4, Affirmative Action Program for the Hiring Placement, and Advancement of Persons with Disabilities, dated June 28, 1996. This section number has been changed to Section 3 due to elimination of one section from this chapter.

17. What references were used when writing this section?

    1. Rehabilitation Act of 1973, Public Law 93-112, Section 501, as amended, and Public Law 95-602, Section 505, as amended.

    2. Title 5, United States Code (USC) Section 3102, Employment of Personal Assistants for Disabled Employees, Including Blind and Deaf Employees.

    3. Title 29, USC Section 791, Employment of Individuals with Disabilities.

    4. Title 29, Code of Federal Regulations (CFR), Section 1613, Equal Employment Opportunity in the Federal Government.

    5. Departmental Personnel Manual (DPM), Chapter 306, Selective Placement Program, http://dothr.ost.dot.gov/HRPolicy/c306.pdf

    6. The Civil Service Reform Act (CSRA) of 1978.

    7. The Americans with Disabilities Act (ADA) of 1990.

    8. Executive Order (EO) 13078, March 13, 1998, Increasing Representation of Adults with Disabilities.

    9. EO July 26, 2000, Increasing the Opportunity for Individuals with Disabilities to Be Employed in the Federal Government.

    10. EO 13164, July 26, 2000, Requiring Federal Agencies to Establish Procedures to Facilitate the Provision of Reasonable Accommodation.

    11. Department of Transportation (DOT), Plan for the Employment of People With Disabilities, July 2001.

    12. DOT Disability Resource Center (DRC), http://www.drc.dot.gov

    13. EEOC issuance on Federal Laws Prohibiting Job Discrimination Questions and Answers which includes Title I and Title V of the Americans with Disabilities Act of 1990, and Sections 501 and 505 of the Rehabilitation Act of 1973, www.eeoc.gov

    14. Title 5, CFR, Sections 213.3102 (i), (u), (t), (gg), and (ll), Entire Executive Civil Service.

    15. Title 5, CFR, Section 308, Volunteer Service.

    16. Title 5, CFR, Section 315.709, Employees who are mentally retarded, severely physically handicapped, or have psychiatric disabilities serving under Schedule A appointments.

    17. Title 5, CFR, Section 315.711, Readers, interpreters, and personal assistants serving under Schedule A appointments.

18. What is the background concerning this section? The Rehabilitation Act of 1973 (Public Law 93-112), as amended, prohibits Federal Executive branch agencies from discrimination against qualified individuals with disabilities and requires each agency to develop and implement affirmative action program plans for the hiring, placement, and advancement of individuals with disabilities.

19. What is the FHWA's policy concerning the Affirmative Action Program for the Hiring, Placement, and Advancement of Persons with Disabilities? It is the policy of the FHWA to provide equal employment opportunities for persons with disabilities who are Federal employees or applicants for Federal employment. The FHWA will ensure that qualified persons with disabilities, including Federal employees who become disabled after appointment, have equitable opportunities to be hired, placed, and advanced in FHWA jobs to the fullest extent possible.

20. What are the key definitions used in this section?

    1. Individual with a disability - A person who:

       1. (1) has a physical or mental disability that substantially limits one or more of the person's major life activities;

       2. (2) has a record or history of a substantially limiting impairment; or

       3. (3) is regarded or perceived by an employer to have a substantially limiting impairment.

    2. Americans with Disabilities Act (ADA) - A Federal civil rights law designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of society.

    3. Reasonable Accommodation - Adjustment or modification provided by an employer to enable people with disabilities to receive equal employment opportunities. Reasonable accommodation may include, but is not limited to making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modifications of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or assistive devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters.

    4. Undue Hardship - Federal agencies are required to make reasonable accommodations to an applicant or employee who is a qualified person with a physical or mental disability unless the accommodation would impose an undue hardship on the agency. Undue hardship means that providing the reasonable accommodation would result in significant difficulty or expense, based on the agency's/organization's resources, operation and/or mission.

    5. Disability Resource Center (DRC) - A comprehensive Department-wide program for DOT employees, supervisors, and job applicants. The Center opened in 1999 to ensure that the employees with disabilities can participate fully in all aspects of the Department's work, programs, and services. Services are provided to all Operating Administrations (OAs) nationwide.

    6. Physical or Mental Disabilities

       1. (1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genito-urinary, hemic, lymphatic, skin, and endocrine; or

       2. (2)  any mental, emotional, or psychological disorder, such as mental retardation, organic brain syndrome, emotion or mental illness, and specific learning disabilities.

    7. Developmentally Delayed - A chronic and lifelong condition of mental disability that may range from mild to profound. It is not a disease, nor a total absence of skill or aptitude. The majority of developmentally delayed individuals are capable of useful employment.

    8. Substantially Limiting - The degree to which the disability affects employability. A person with a disability who is likely to experience difficulty in securing or retaining employment or advancing in a position would be considered substantially limited.

    9. Major Life Activities - Functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, and working.

    10. Record of a Disability - A history of a mental or physical disability that does not substantially limit one or more major life activities, and from which the person may have recovered. However, as a result of the employer's attitudes, the person may be regarded as having a substantially limiting disability which affects his/her ability to secure, retain, or advance in a job. It is also possible that the employee has been inappropriately classified or perceived as having a disability and may be experiencing discrimination based on this classification.

    11. Perception of a Disability - The perception of an individual by other employees or supervisors as being a person with a disability, whether a true disability exists or not. The perception may have a negative impact on the individual's ability to secure, retain, or advance in Federal employment.

    12. Psychiatric Disability - Rehabilitated - Refers to an individual who has received professional treatment either in or outside of an institution for some emotional or mental difficulty, which has substantially disrupted their employment because of the disability. The individual indicates that a disadvantage was created by this disability, but he/she is capable of resuming normal functioning including employment, and any residual disability is not job-related.

    13. Qualified Person with a Disability - A person with a disability who, with or without reasonable accommodation, can perform the essential duties of the position in question without endangering the health and safety of the individual or others, and either:

        1. (1) meets the experience and/or education requirements (which may include passing a written test) of the position in question; or,

        2. (2)  meets the FHWA's job requirements for educational background, employment experience, skills, licenses, and any other qualification standards that are job-related.

    14. Selective Placement Coordinator/Disability Employment Coordinator - An FHWA employee who facilitates the hiring, placement, and advancement of persons with disabilities and is responsible for developing and helping to implement an Affirmative Action Plan (AAP) for the hiring, placement, and advancement of persons with disabilities.

21. What are the responsibilities involved regarding the Affirmative Action Program for the Hiring, Placement, and Advancement of Persons with Disabilities?

    1. Director, Office of Human Resources (HAHR). The Director, Office of Human Resources, is responsible for:

       1. (1) providing leadership and direction in developing, implementing, and evaluating the effectiveness of the Affirmative Action Program for the hiring, placement, and advancement of persons with disabilities, in conjunction with the Office of the Associate Administrator for Civil Rights;

       2. (2) making appropriate FHWA policy and program recommendations to the Executive Director through the Associate Administrator for Administration, in conjunction with the Office of Civil Rights;

       3. (3) integrating the hiring of persons with disabilities into the functioning of the entire human resources staff so that employment of the person with a disability is not viewed solely as the responsibility of the Selective Placement Coordinator;

       4. (4) ensuring that staff members concerned with all human resource functions are familiar with the Affirmative Action Program in their areas of responsibility; and

       5. (5) keeping the position of Washington Headquarters Selective Placement Coordinator filled by a qualified staff member.

    2. Human Resources and Civil Rights officials in field locations. These officials are responsible for assimilating and incorporating the Affirmative Action Plan for the hiring, placement, and advancement of persons with disabilities into their respective programs and local organizations to support an FHWA-wide emphasis and program accomplishment. They are responsible for identifying a Selective Placement Coordinator in their organizations and for ensuring that adequate resources are devoted to the program.

    3. Associate Administrators and Staff Office Directors. These officials are responsible for supporting and helping the FHWA to achieve its Affirmative Action Plan objectives by providing full consideration to disabled applicants and employees for promotion opportunities, special programs, and awards.

    4. Selective Placement Coordinators. Coordinators are responsible for assisting their organizational heads in performing their responsibilities through continuous participation in and evaluation of program activities.

22. What is involved in the program administration of the Affirmative Action Program for the Hiring, Placement, and Advancement of Persons with Disabilities?

    1. The Office of Human Resources will:

       1. (1) develop the FHWA Affirmative Action Plan for the Hiring, Placement, and Advancement of Persons with Disabilities, in conjunction with the Office of Civil Rights. The plan, which will be reviewed annually and revised as necessary, will cover the period from October 1 to September 30 annually;

       2. (2) ensure that adequate guidance and instructions are provided to Washington Headquarters and field offices, and that Washington Headquarters and field offices understand and carry out their program responsibilities;

       3. (3)  develop and collect the necessary statistical information for the annual Affirmative Action Plan and make this information available to Washington Headquarters and field offices for monitoring purposes; and

       4. (4) submit through the FHWA Office of Civil Rights, annual accomplishment reports to the Office of the Secretary of Transportation (OST).

    2. The Selective Placement Coordinator will:

       1. (1)  monitor and evaluate program status, including the extent of implementation of Affirmative Action Plans, and the results in terms of both numbers employed and services performed in support of the program;

       2. (2)  keep the organizational head informed of program status and identify any problems or deficiencies in the hiring, placement, and advancement of persons with disabilities; and

       3. (3)  participate in disabled employee advisory committees.

23. What appointment procedures are used in hiring persons with disabilities? Normal competitive procedures are used to employ persons with disabilities whenever possible. When such procedures are not practical, the following special appointment procedures are available:

    1. Physically Disabled

       1. (1)  Temporary Trial Appointment. Temporary 700-hour appointments may be used to provide persons with disabilities an opportunity to demonstrate their ability to perform the duties of the position, and to overcome employer reluctance to hire them on a regular basis for fear that they will not be able to perform the job. The 700-hour appointment may be used for positions at grades General Schedule (GS)-1 through GS-15, and for positions covered by the Federal Wage System. The individual must meet the Office of Personnel Management (OPM) qualification standards for the position, including a written test if required, or the FHWA must obtain certification from a counselor of a Veterans Administration (VA), or State vocational rehabilitation agency attesting that the individual can perform the duties of the position. (See 5 CFR 213.3102 (i)(3))

       2. (2) Excepted Appointment. The Schedule A, Section 213.3102(u), excepted appointment authority, was developed to provide an alternate route for employment of individuals with severe physical disabilities. This includes identification, and, if required, restructuring or modification of job tasks and work environment of a specific position to accommodate the severely physically disabled individual. There are two methods in which a physically disabled person may be granted an excepted appointment.

          1. (a)  Conversion from the 700 hour temporary trial appointment to a Schedule A appointment. The individual must have successfully demonstrated ability to do the job under the temporary trial appointment.

          2. (b) Direct Schedule A appointment without a prior temporary trial appointment. Certification from either the VA or a State vocational rehabilitation agency may be accepted in lieu of successful job performance under a temporary trial appointment.

       3. (3) Promotion and Reassignment. Employees appointed under Schedule A, Section 213.3102(u) of the authority are not subject to normal competitive ranking requirements, and they may be informally referred and considered for a higher graded position at any time. Recertification may be required if either the physical or qualification requirements of the new position are substantially different. They may also submit an application for specific vacancies announced by FHWA, in accordance with the procedures described in the announcement. Such employees are advised, but not required, to indicate at the top of their application that they are serving under an excepted appointment. Although such employees may not compete under the FHWA Merit Promotion Program, if they are qualified, their names will be sent to the selecting official on a separate list or with other noncompetitive actions. If the selecting official wishes to select the person with a disability, the position may be filled through an excepted appointment.

       4. (4) Conversion to Competitive Appointment. After two years of successful performance in a permanent position, an employee serving in the excepted service under Schedule A, Section 213.3102(u), may be non-competitively converted to a career or career-conditional appointment upon the recommendation of his/her supervisor. While conversion to a competitive appointment is not mandatory, the supervisor should provide in writing, through the appropriate Selective Placement Coordinator, substantive justification for not recommending conversion of an employee who has demonstrated successful job performance. (See 5 CFR 315.709)

    2. Developmentally Delayed

       1. (1)  Excepted Appointment. A developmentally delayed person may be hired under Schedule A, Section 213.3102(t), provided certification is received regarding the employability of the individual from a vocational rehabilitation agency.

       2. (2)  Promotion and Reassignment. Developmentally delayed persons may be promoted to any appropriate grade level provided they are properly certified by a State vocational rehabilitation counselor for the higher graded position. Application and referral procedures available to selecting officials for promotion or reassignment are the same as in paragraph 9a(3) above, with the addition of the requirement of the rehabilitation counselor certification. When assessing the potential for advancement of employees appointed under this authority, human resources offices should explore possibilities for converting them to career or career-conditional appointments through appropriate examinations, whenever possible.

       3. (3)  Conversion to Competitive Appointment. Procedures for conversion to a career or career-conditional appointment from a Schedule A, Section 213.3102(t), appointment are the same as in paragraph 9a(4) above.

    3. Psychiatric Disability - Rehabilitated

       1. (1)  Temporary Trial Appointment. Procedures for using a temporary 700 hour appointment for people with psychiatric disabilities for grades GS-1 through GS-15 are the same as in paragraph 9(a)(1).

       2. (2)  Excepted Appointment. The Schedule A excepted appointment authority in Section 213.3102gg provides for non-competitive employment for persons with psychiatric disabilities if they have already demonstrated their ability to perform the position duties satisfactorily on a temporary appointment, or they have been certified by counselors of State Vocational Rehabilitation Agency or the VA as likely to succeed in performance of the position duties.

       3. (3)  Promotion and Reassignment - Procedures are the same as in paragraph 9a(3).

       4. (4)  Conversion to Competitive Appointment. After completing two years of satisfactory performance, employees may be converted to appointments in the competitive service as outlined in 9(a)(4) under 5 CFR 315.709.

24. How can persons with disabilities obtain unpaid work experience? The Rehabilitation Act of 1973 authorizes Federal agencies to provide unpaid work experience for clients of State vocational rehabilitation agencies. The work experience is to assist these individuals in acquiring skills and training that would enable them to compete for positions in the public and private sectors. The procedures for establishing programs of unpaid work experience for clients of State vocational rehabilitation agencies are in 5 CFR 308, Volunteer Services.

25. What is involved in employing readers, interpreters, and personal assistants? The FHWA may employ personal assistants, readers, and interpreters, as necessary, to enable disabled employees to perform their work using a Schedule A, 5 CFR 213.3102(ll) appointment. The FHWA can use its own employees, contact the Department's Disability Resource Center, or use outside sources such as nonprofit organizations or the State vocational rehabilitation office. Employees hired under this provision may be converted to competitive service when one of the following conditions is met: the person has completed at least one year of satisfactory service in such a position under a non-temporary appointment, and employment as a reader, interpreter, or personal assistant is no longer necessary for reasons beyond management's control. For additional information, see 5 CFR 315.711.

26. How are reassignments utilized in lieu of disability retirement?

    1. If an employee becomes disabled while employed by the FHWA, reassignments of the employee who, because of illness or injury, is unable to continue in his/her current position will be considered.

    2. The FHWA is responsible for initiating action to secure disability retirement for eligible employees who are unfit for useful and efficient service because of physical or mental disability. There is, however, a further responsibility to consider reassigning an employee, who, though unfit for service in his or her present position, is medically and otherwise qualified to perform service in another position without detriment to him/herself or the Federal government.

27. What are the requirements for submission of Affirmative Action Plans and Reports?

    1. In coordination with the Office of Civil Rights, the Human Resources office in Washington Headquarters will prepare a goal-oriented Affirmative Action Plan each fiscal year.

    2. The FHWA will prepare an annual accomplishments report for each fiscal year.

    3. The FHWA will submit to the Departmental Office of Civil Rights, at the end of each fiscal year, an agency annual recruitment plan for persons with disabilities and an annual accomplishments report.

28. What is another resource available regarding the Affirmative Action Program Hiring, Placement and Advancement of Persons with Disabilities? The DOT's Disability Resource Center (DRC) is another resource available regarding the Affirmative Action Program for the Hiring, Placement, and Advancement of Person with Disabilities. The DRC is a comprehensive Department-wide program for DOT employees, supervisors, and job applicants. The DRC opened in 1999 to ensure that employees with disabilities can participate fully in all aspects of the Department's work, programs, and services. Services are provided to all OA's nationwide in areas pertaining to disabilities such as facility accessibility, emergency procedures, resource library, identifying resources, purchasing appropriate technologies and services, providing training and support, and learning about the DOT's reasonable accommodation process, policies, and practices.

Par:

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What references were used in writing this section?
4. What is the background concerning this section?
5. What are the key definitions associated with the DVAAP?
6. What are the goals of the DVAAP Program?
7. What are the responsibilities assigned to the DVAAP Program?
8. What are the requirements for submitting of Affirmative Action Plans and Reports?
9. What is the certification requirement?

1. What is the purpose of this section? The purpose of this section is to issue guidance concerning the Federal Highway Administration (FHWA) Disabled Veterans Affirmative Action Program (DVAAP) to insure equal employment opportunity, reasonable accommodation, and job advancement for disabled veterans, especially those who are rated 30 percent or more disabled by the Department of Veterans Affairs (VA).

2. Does this directive cancel an existing FHWA directive? Yes. This directive cancels FHWA Personnel Management Manual (PMM) Part 1, Chapter 2, Section 5, Disabled Veterans Affirmative Action Program (DVAAP), dated June 28, 1996. This section number has been changed to Section 4 due to elimination of one section from this chapter.

3. What references were used in writing this section?

   1. Title 5 of the Code of Federal Regulations (CFR) Part 720, Subpart C;

   2. 38 United States Code (U.S.C), Section 4214, Vietnam Era Veterans Readjustment Assistance Act of 1974;

   3. Department of Transportation DPM Letter 720-9; and

   4. PMM Part 1, Chapter 2, Section 3, Affirmative Action Program for the Hiring, Placement and Advancement of Persons with Disabilities. See: Affirmative Action Program for the Hiring, Placement and Advancement of Persons with Disabilities

4. What is the background concerning this section? Section 403 of the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended, requires each agency to develop a plan to promote employment and job advancement opportunities within that agency for qualified disabled veterans.

5. What are the key definitions associated with the DVAAP?

   1. Disabled Veteran. A veteran who is entitled to compensation under laws administered by the VA, or a person who was discharged or released from active duty because of a service-connected disability.

   2. Veteran. A person who served in the active military, naval, or air service, and who was discharged or released under conditions other than dishonorable (Section 101(2) of Title 38, U.S.C).

6. What are the goals of the DVAAP Program? In order to fulfill our commitment to the employment and advancement of disabled veterans, the DVAAP goals are as follows:

   1. increase the total number of veterans who are 30 percent or more disabled, especially minorities and women;

   2. increase the number of disabled veterans in professional/ administrative positions in grades GS-5 through GS-12 through internal job advancement opportunities, such as merit promotion and upward mobility; and

   3. increase the number of disabled veterans in technical and professional positions through recruitment.

7. What are the responsibilities assigned to the DVAAP Program?

   1. The Director, Office of Human Resources (HAHR), is responsible for:

      • (1) implementing, evaluating, and providing oversight to the FHWA's DVAAP;

      • (2) submitting the annual accomplishment report and required certification to the Office of the Secretary of Transportation (OST);

      • (3) ensuring that adequate guidance, instruction, and resources are devoted to the program so that Washington Headquarters and field operating elements understand and are carrying out their program responsibilities; and

      • (4) keeping the position of Washington Headquarters DVAAP Coordinator filled by a qualified staff member.

   2. The DVAAP Coordinator is responsible for:

      • (1) developing an FHWA-wide annual affirmative action plan containing specific action items and strategies for hiring disabled veterans in the FHWA. The plan will be reviewed annually and revised as necessary; it will cover the period October 1 to September 30 of each year;

      • (2) implementing appropriate actions contained in the FHWA DVAAP plan;

      • (3) analyzing work force data and any other relevant data to identify any problems and deficiencies in the employment and advancement of disabled veterans;

      • (4) conducting a continuing program of affirmative action for disabled veterans, giving emphasis to those who are 30 percent or more disabled (affirmative action encompasses recruiting, hiring, advancement, and personnel programs supporting these activities, e.g., training and career counseling); and

      • (5) reviewing and consolidating the annual accomplishment reports for signature of the Director, HAHR.

   3. Servicing Human Resource offices are responsible for:

      • (1) assimilating and incorporating the DVAAP into their respective programs and local organizations to support an FHWA-wide emphasis and program accomplishment;

      • (2) advising managers and supervisors periodically on the objectives of the DVAAP and encouraging managers to consider the DVAAP in making hiring decisions;

      • (3) providing information to the DVAAP Coordinator for the annual accomplishment report; and

      • (4) informing managers and supervisors of the various appointment options available for employing disabled veterans including Veterans Recruitment Act (VRA) appointments, temporary appointments, Schedule A appointments, and non-competitive appointments.

   4. Management officials and supervisors are responsible for supporting and helping the FHWA to achieve its Affirmative Action Plan objectives by providing full consideration to disabled veteran applicants and employees for promotion opportunities, special programs, and awards.

8. What are the requirements for submitting Affirmative Action Plans and Reports? The FHWA will submit annual DVAAP accomplishment reports to the OST providing the following:

   1. methods and authorities used to recruit and employ disabled veterans, especially those who are 30 percent or more disabled;

   2. methods used to provide or improve the internal advancement opportunities for disabled veterans;

   3. a description of how the activities are monitored, reviewed, and evaluated; and

   4. an explanation of the FHWA's progress in implementing its DVAAP plan during the fiscal year.

9. What is the certification requirement? The Director, HAHR, must certify annually to the OST that the FHWA has an up-to-date DVAAP plan.

Par.

1. What is the purpose of this section?
2. Does this directive cancel an existing FHWA directive?
3. What references were used in writing this section?
4. What are the key definitions used in this section?
5. What is the FHWA policy on using the probationary period for newly appointed managers and supervisors?
6. What steps should FHWA managers take during the probationary period to ensure the success of new supervisors and managers?
7. What is the basic requirement and length of the probationary period?
8. How is service credited toward completion of the probationary period?
9. What documentation is required for satisfactory completion of the probationary period?
10. What is the applicability of the probationary period?
11. How is failure to satisfactorily complete the probationary period handled?
12. What is the relationship between the supervisory/managerial probationary period and the probationary period for competitive appointment?

1. What is the purpose of this section? The purpose of this section is to provide broad statements of policy, basic requirements, and guidance for administering the probationary period for supervisors and managers of the Federal Highway Administration (FHWA). The requirements and guidance in this section apply to all FHWA employees initially assigned to a supervisory or managerial position in the competitive service, which includes General Schedule (GS) and Wage System positions at the GS-15 level and below.

2. Does this directive cancel an existing FHWA directive? Yes. This directive cancels FHWA Personnel Management Manual (PMM) Part 1, Chapter 2, Section 6, Probationary Period for Newly Appointed Managers and Supervisors, dated June 28, 1996. This section number has been changed to Section 5 due to the earlier elimination of one section from this chapter.

3. What references were used in writing this section?

   1. Title 5, United States Code (U.S.C.), Section 3321, as amended by Section 303 of the Civil Service Reform Act of 1978 (Public Law 95-454).

   2. Title 5, Code of Federal Regulations (CFR), Parts 315.901-909.

   3. Department of Transportation (DOT) Departmental Personnel Manual (DPM) Letter No. 300-26, Recruiting, Selecting, Developing, and Appraising Supervisors, dated October 17, 2002, as amended, supplemented, or superseded.

   4. DPM Issuances 315-40 and 315-43, Subchapter 9, Probation on Initial Appointment to a Supervisory or Managerial Position, dated January 27, 1986, as amended, supplemented, or superseded.

   5. Office of Personnel Management (OPM) General Schedule Supervisory Guide, HRCD-5, dated June 1998, as amended, supplemented, or superseded.

   6. OPM Federal Wage System Job Grading Standard for Supervisors, TS-66, dated December 1992, as amended, supplemented, or superseded.

   7. The DOT Human Resources (HR) Supervisors Toolkit.

4. What are the key definitions used in this section?

   1. Managerial position. A position classified as "managerial" under the OPM General Schedule Supervisory Guide. The incumbent of such a position typically will direct an organization, be accountable for success of programs, monitor progress toward goals, and perform a full range of managerial duties.

   2. Supervisory position. A position classified as "supervisory" under the OPM General Schedule Supervisory Guide or, if under the wage system, the Job Grading Standard for Supervisors. Such a position is usually classified with the title of "Supervisory," "Officer," or similar designation. The incumbent typically will assign, direct, and evaluate the work of his/her subordinates, recommend selections and promotions, as well as plan and coordinate work operations.

   3. Probationary period. A trial period to assess a new supervisor's or manager's supervisory and managerial performance, particularly his/her aptitude for the human relations aspects of the supervisory work. The probationary period provides an opportunity to improve performance deficiencies and, if warranted, return or reassign an employee to a non-supervisory or non-managerial position without most of the procedures and appeal rights granted to individuals who have already completed a supervisory or managerial probationary period.

5. What is the FHWA policy on using the probationary period for newly appointed managers and supervisors? It is FHWA policy to:

   1. Ensure that supervisors and managers maintain a high quality of performance through careful and effective use of the probationary period for newly appointed supervisors and managers;

   2. Give new supervisors and managers adequate opportunity to prove themselves and encourage support of efforts to help them succeed; and

   3. Make every effort to adequately train new supervisors and managers to perform their supervisory and managerial duties.

6. What steps should FHWA managers take during the probationary period to ensure the success of new supervisors and managers? FHWA managers who supervise newly appointed supervisors and managers in a probationary status should adopt and implement as many of the recommended strategies listed below as are feasible for their individual situation. Assistance with these strategies is available from the FHWA Office of Human Resources (HAHR). Additional information and resources for managers supervising newly appointed supervisors and managers can be found in the DOT's Supervisors Toolkit. The recommended strategies for success are that the supervising manager do the following:

   1. Notify the probationary supervisor or manager of the probationary status and performance expectations. Within 30 calendar days of appointing an employee to a supervisory or managerial position, the supervisor should notify the appointee of the probationary status, duties, and responsibilities of the position, and establish a written performance plan in accordance with PMM Chapter 5, Section 2. If at any point during the probationary period performance deficiencies are identified, the first level supervisor and the probationary employee, in consultation with the servicing human resources office, should develop an improvement plan. This plan should be carried out in an effort to help the probationary supervisor improve his or her performance before a final determination is made, and it should be incorporated into the counseling and development processes described in paragraphs 6b and 6c.

   2. Provide feedback, coaching, and counseling. The immediate supervisor should provide feedback to each newly appointed supervisor or manager early in the probationary period (during the first 90 days of the probationary period, if possible) with follow-up face-to-face coaching and counseling sessions at regular intervals (180 days and 270 days into the probationary period are suggested points). Providing coaching and feedback to a new supervisor or manager is essential to his or her success in the position, and the supervising manager should ensure that this routinely occurs. If at any point during the probationary period performance deficiencies are observed, the supervisor of the probationary employee must initiate a counseling session with the individual to address the problem in a timely manner. The servicing human resources office and DOT's Supervisors Toolkit can provide additional information for correcting performance deficiencies.

   3. Develop an individual development plan (IDP). In accordance with existing FHWA practices (and particularly recommended during the first 90 days of the probationary period), the probationary supervisor and the appropriate manager or supervisor should develop an IDP. The prime responsibility for the preparation of the IDP rests with the newly appointed supervisor/manager and his/her manager, with assistance provided by the servicing human resources office. The IDP should include the mandatory 40 hours of supervisory training specified in DPM Letter No. 300-26, paragraph V, and should address approaches to correct any identified deficiencies.

   4. Provide mandatory supervisory training. To maximize the effectiveness of the probationary period, every effort should be made to ensure completion of the initial 40 hours of mandatory supervisory training within the first 6 months of the probationary period.

   5. Assign a mentor. Wherever feasible, it is recommended that the manager of the probationary employee assign a mentor to the employee for the duration of the probationary period. This is subject to the availability of an appropriate mentor, interest on the part of the probationary supervisor or manager, and other workforce conditions. A "mentor" is one who has supervisory or managerial experience in FHWA, has a demonstrated ability to effectively supervise employees or perform managerial duties, is savvy concerning how to navigate the organization's culture, and can provide advice from personal experience, leaving the decision to act to the mentee. To be effective, the mentor must also be someone who is accessible to the mentee, is skilled in establishing a positive rapport, and is committed to helping the newly appointed supervisor or manager succeed in his or her position. The mentor is not involved in any facet of the employee's performance evaluation; rather, he or she serves as a resource to the newly appointed manager or supervisor. This approach provides an environment in which the new employee is free to share ideas or concerns that he or she might otherwise be hesitant to share with a first level supervisor.

   6. Obtain multi-source input where appropriate. Wherever feasible, it is recommended that the probationer's first level supervisor obtain multi-source input to the extent possible from individuals who have had a frequent opportunity to observe the employee's ability to perform the supervisory or managerial aspects of the position prior to conducting counseling sessions during the probationary period. Subordinate employees, customers, and peer supervisors are candidates to provide multi-source feedback. This is an informal feedback process intended to assess how the new supervisor or manager is progressing in the position. The first-level supervisor of the probationer will use this feedback to focus the job coaching and counseling session held at a point such as 270 days into the probationary period. The DOT's Supervisors Toolkit contains a checklist of questions that may be used to obtain information from participants in the multi-source feedback process.

7. What is the basic requirement and length of the probationary period? Upon initial appointment to a supervisory position, an employee is required to complete a one-year probationary period. Upon initial appointment to a managerial position, an employee is also required to complete a separate one-year probationary period for managers unless he or she has satisfactorily completed a probationary period for supervisors and has demonstrated competence in performing managerial duties. The manager of the organization requesting the personnel action to appoint an employee to a managerial position will recommend whether or not a separate managerial probationary period should be required. This recommendation must be documented in writing, and it must be based on specific criteria, using an analysis of the employee's experience and the managerial duties to be performed. If the employee's experience has not adequately demonstrated competence in performing the managerial duties of the position to which he or she is being assigned, a new probationary period should be recommended. The servicing human resources office will review the recommendation, assure compliance with DOT and FHWA regulations and procedures, and take appropriate action.

8. How is service credited toward completion of the probationary period? When an assignment to a supervisory or managerial position is expected to exceed 120 days (including by service on officially documented temporary assignments such as temporary promotion, reassignment, or detail), the employee is required to serve a probationary period. If the employee serving on a temporary assignment to a supervisory or managerial position successfully completes the full term of the probationary period required in paragraph 7 while on the temporary assignment, the time shall be fully credited toward completion of the required probationary period. Temporary service in a supervisory or managerial position prior to the establishment of the required probationary period, and/or service not officially documented by a personnel action (such as serving in a designated "Acting" capacity while continuing to occupy a non-supervisory position in absence of a detail or temporary promotion action), will not be credited toward completion of a supervisory or managerial probationary period. If an employee serving a supervisory or managerial probationary period is assigned to another supervisory or managerial position (not for cause) without a break in service, all time served in the first position will be credited toward completion of the probationary period in the new position. Time served in a supervisory/managerial probationary period will not be credited in the following circumstances:

   1. Upon leaving the position. When a probationary supervisor or manager leaves the supervisory or managerial position for any reason before one year and is later reappointed to another supervisory or managerial position, the time in the earlier position will not be credited to the subsequent probationary period. Failure to successfully complete the supervisory or managerial probationary period will not preclude an employee from applying and being considered for such positions in the future.

   2. Upon transfer from another Federal agency. When an employee transfers into a covered FHWA position from another Federal agency and the employee did not successfully complete a full supervisory or managerial probationary period prescribed by the former Federal agency, that time will not be credited toward the probationary period for the FHWA position.

   3. Absences in non-pay status. Absences in non-pay status while on the rolls (other than for compensable injury or military duty) are creditable up to a total of 22 workdays. Non-pay time in excess of 22 workdays extends the probationary period by an equal amount.

9. What documentation is required for satisfactory completion of the probationary period? Satisfactory completion of the probationary period must be certified by the immediate supervisor and the second level supervisor. A certification form for this purpose is automatically generated four months before the end of the period for distribution by the servicing human resources office to the appropriate supervisor. The completed form must be filed on the right-hand side of the employee's Official Personnel Folder (OPF).

10. What is the applicability of the probationary period? The probationary period applies to new supervisors and managers, except as provided in paragraphs 7 and 8. A probationary period is required for the initial assignment of an employee from a supervisory position to a managerial position only when the employee's performance and experience as a supervisor have not adequately demonstrated competence in performing the duties of the position to which he or she is being assigned, subject to the determination required in paragraph 7. An employee who has satisfactorily completed a probationary period in a supervisory or managerial position in FHWA or another Federal agency need not complete another comparable probation in FHWA.

11. How is failure to satisfactorily complete the probationary period handled? The decision to return or reassign an employee to a non-supervisory or non-managerial position because of supervisory or managerial deficiencies should be initiated by the employee's immediate supervisor. Because of the need for a fair period of evaluation of performance, such action may not be taken until the employee has completed at least 90 calendar days as a supervisor or manager (90 days after the effective date of appointment to a supervisory or managerial position). The 90-day requirement applies only to actions taken with regard to an employee's supervisory or managerial performance while serving in a probationary period for supervisors/managers. The decision must be concurred in by the next higher official in the organization after consultation with and review by the servicing human resources office. This decision is not appealable under adverse action procedures and is not grievable. However, the employee may request a review by a higher level official (the third level supervisor, unless otherwise designated by the FHWA). The servicing human resources office will insure proper documentation and notice of the decision to the employee in accordance with OPM regulations. Within a reasonable period of time after notification, the employee will be returned to a position of no lower grade and pay than the one left to accept the supervisory or managerial position.

12. What is the relationship between the supervisory/managerial probationary period and the probationary period for competitive appointment? The probationary period for new supervisors and managers does not take the place of that which is required for competitive appointment (which generally applies to new Federal employees). However, if upon appointment an employee is required to serve a probationary period for both a supervisory/managerial position and for competitive appointment, the latter requirement takes precedence and completion of that probation fulfills the requirements of this section.

1. What is the purpose of this section?
2. What references were used when writing this section?
3. What is the background concerning this section?
4. What are the objectives of the Volunteer Service Program?
5. What are the key definitions used in this section?
6. What is FHWA's service agreement for student volunteers?
7. What are the status and eligibility requirements for students?
8. How will volunteer service be documented?
9. How will equal opportunity be provided for everyone?
10. How will the personnel security requirements be maintained?
11. Who will maintain and update the reporting requirements?

1. What is the purpose of this section? The purpose of this section is to establish procedures and guidance for implementing and documenting the Volunteer Service Program in the Federal Highway Administration (FHWA).

2. What references were used when writing this section?

   1. Section 3111 of Title 5, United States Code (U.S.C.), Acceptance of Volunteer Service. http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+206+32++%28%27volunte

   2. Civil Service Reform Act of 1978, Public Law (P.L.) 95-454, Title III, Section 301.

   3. Department of Transportation (DOT) Departmental Personnel Manual 308-33, Annual Report of Student Volunteer Service, http://dothr.ost.dot.gov/HRPolicy/308-33.pdf, and 308-35, Stay-in-School Ceiling Allocations, http://dothr.ost.dot.gov/HRPolicy/308-35.pdf

   4. DOT Order 1630.2, DOT Personnel Security Handbook.

   5. Office of Personnel Management (OPM), Guide to Processing Personnel Actions, Chapter 33, Documentation of Volunteer Service, http://www.opm.gov/feddata/gppa/Gppa33.pdf

3. What is the background concerning this section? The Civil Service Reform Act of 1978 (P.L. 95-454) authorized the Federal Government Volunteer Student Service. Other volunteer service under programs for persons other than students is defined in the individual laws and regulations authorizing those programs such as Veterans opportunities or Vocational Rehabilitation volunteers.

4. What are the objectives of the Volunteer Service Program? The FHWA actively supports the establishment of rehabilitation and/or educationally related work assignments for students in a non-pay status, as long as their work contributes to accomplishing the agency mission and staff resources permit adequate supervision. The program objectives of the FHWA Volunteer Service are:

   1. To enrich the educational experience and provide opportunities for students to become involved in early career exploration.

   2. To bring about a stronger relationship between the efforts of educators and the occupational needs of Federal employers and students, and as a means to encourage student interest in new and emerging occupations.

   3. To provide on-the-job work experience and opportunities for students to become involved in early career exploration as a basis for making realistic decisions regarding their future careers.

   4. To provide exposure to the work environment as a means of encouraging students to develop work ethics and to acquaint them with various Federal missions.

   5. To support workforce diversity initiatives and affirmative action programs through a career awareness approach.

5. What key definitions are used in this section?

   1. Agreement. A written document developed jointly between a school or Veteran’s organization and the FHWA to outline the responsibilities of each organization. It should be used to identify the conditions or limitations under which volunteers may receive unpaid career-related experience. Included in such agreements should be the mutually agreed upon method for maintenance of attendance and performance records, particularly if the student career-related assignment is recognized by the school for course credit.

   2. Student. An individual who is enrolled not less than half-time in an accredited high school, trade school, technical or vocational institute, junior college, college, university, or other accredited educational institution. Certification of half-time academic workload can be obtained from the student's school. A student is deemed not to have ceased being a student during an interim between school years if that period is not more than 5 months. The student must demonstrate to the satisfaction of the FHWA that he or she has a firm intention of continuing to pursue a course of study or training in the same or different educational institution during the school term immediately after the interim period of absence.

   3. Volunteer Service. Under Title 5 U.S.C. 3111 limited services performed by a student, with the permission of the institution at which the student is enrolled, in an FHWA office for the purpose of gaining on-the-job educational experience. This service is to be uncompensated and will not be used to displace any employee or to fill a position that is a normal part of FHWA's workforce.

6. What is FHWA's service agreement for student volunteers? FHWA offices should work with their servicing human resources office to develop student volunteer programs best suited to meet students' individual needs. Written agreements are mandatory. (See Attachment) Volunteer programs will be conducted through written agreements with educational institutions, nonprofit organizations officially designated by schools, and boards of education to coordinate the placement of students in non-paid work assignments without fee. Agreements should normally be signed by managers (Associate Administrator, the Chief Counsel, Directors of Field Services, Resource Center Managers, Division Administrators and Federal Lands Highway Division Engineers) and must be reviewed by the servicing human resources office before students begin their work assignments.

7. What are the status and eligibility requirements for students?

   1. Minimum Age. Students must meet minimum age requirements of Federal, State and local laws regarding the employment of minors. If a student is under 18 years of age, the servicing human resources office must ensure that projected work assignment is not in an occupation considered to be hazardous or detrimental to the student’s health and well-being.

   2. Status. Students participating in this program are not considered to be Federal employees other than for purposes of Federal Tort claims arising as a result of student participation, or for injuries sustained during the performance of work assignments under worker's compensation claims.

   3. Benefits. Student volunteers are not entitled to benefits, i.e., travel subsistence expenses, housing, or any other reimbursement or payment.

   4. Maximum Service Hours. Federal agencies are required to establish time limits on the amount of volunteer service accepted from a specific individual, to avoid situations that imply that service with an agency during the school year will ensure a job in the future. For the purpose of this program, individual student volunteers will be limited to a maximum of two semesters or 1,040 total hours of work.

8. How will volunteer service be documented?

   1. General. Although volunteers are not Federal employees, their service may be creditable as related experience under examination rating schedules. Additionally, some participating schools, that award course credit for such service, may require certification of periods during which students rendered service. Volunteer service should be documented through a letter. A Standard Form (SF) 50 cannot be used to document volunteer appointments.

   2. Entrance-on-Duty. The letter prepared upon entrance on duty for volunteer assignments should document the service as "volunteer service-without compensation" and include a) name of the agency; b) position title; c) office title and duty location; and d) days/hours on duty. In addition, the statement should contain language such as:

      1. (1)   “Under 5 U.S.C. 3111, a student volunteer is not a Federal employee for any purposes other than injury compensation and law related to the Tort Claims Act. Service is not creditable for leave or any other employee benefits” (for student volunteers);” or

      2. (2)   “Volunteer service is not creditable for leave or any other employee benefits” (for volunteers other than students.)”

   3. Separations. When the period of volunteer service has ended, a letter is prepared to document the following: a) inclusive dates of service; b) total hours or days worked; and c) guidance on how the agency may be contacted regarding future requests to obtain documentation of volunteer service.

   4. Records. For each volunteer, the servicing human resources office will establish a file which contains copies of assignments, appointment, termination, and resumes. The servicing human resources office should retain the document for 5 years.

   5. Statement of Duties. A "statement of duties" must be developed outlining the duties, responsibilities, and expected products that the volunteer is expected to generate during the work assignment. Copies will be provided to the volunteer, the supervisor, the servicing human resources office for placement in the volunteer’s file, and to the school if academic credit is being granted for the service. Human resources offices and managers should also make students aware of the standards of conduct, record privacy, and disclosure that pertain to their work assignments.

9. How will equal opportunity be provided for everyone?

   1. FHWA managers are responsible for providing leadership in establishing, maintaining, and carrying out a continuing program designed to promote equal employment opportunity in support of a diverse workforce. Equal opportunity applies to employment, development, advancement, and treatment of employees, including the selection of student volunteers without regard to race, color, sex, religion, national origin, or handicap, even though they are not deemed to be Federal employees.

   2. Managers should also be cognizant of the fact that students who volunteer must be in a financial position to render service without compensation.

10. How will the personnel security requirements be maintained? Each administration is required to comply with personnel security requirements. Therefore, if a volunteer is expected to serve for a period of more than 90 days, the servicing human resources office must initiate the appropriate National Agency Check and Written Inquiry for the volunteer.

11. Who will maintain and update the reporting requirements? Each servicing human resources office should provide the Office of Human Resources, Human Resources Services Group, HAHR-22, a report on all volunteer assignments during the preceding fiscal year by November 15 of each year.

U.S. Department of Transportation
Federal Highway Administration

PERSONNEL MANAGEMENT MANUAL

Attachment

SAMPLE AGREEMENT
STUDENT VOLUNTEER PROGRAM

The Federal Highway Administration (FHWA), an agency of the U.S. Department of Transportation, and (name of school), hereinafter referred to as the "School," agree to establish a student volunteer service program pursuant to Section 301 of the Civil Service Reform Act of 1978, Public Law 95-454, 5 United States Code (U.S.C.) Section 3111, and Chapter 308 of the Code of Federal Regulations (CFR).

1. Benefits to FHWA. Participation in this program enables FHWA to maintain close ties with the academic community. This will have long-term benefits in the development of FHWA's recruiting program, and increased understanding of FHWA's programs by those who participate. Short-term benefits to FHWA should be realized from the contributions of students participating in the program.

2. Benefits to the School. The School is expected to benefit by having its students develop an understanding of the programs and administrative practices of FHWA. Supervisors will evaluate the student's work and will participate in the student's education and development by providing on-the-job experience to supplement classroom instruction.

3. Responsibilities of FHWA.

   1. The student will be under the supervision of a designated, experienced FHWA employee who, at the end of the work assignment, will evaluate the student's service. This evaluation will be made available both to the School and to the student.

   2. The program established by FHWA will include to the extent feasible:

      1. (1)    participation by the student in the work of the office so that the student may develop an understanding of the FHWA's programs; and

      2. (2)    assignment of the student to specific projects which will require the student to work with personnel in operating offices in furthering FHWA’s mission.

   3. FHWA will supply the student with the supervision, workspace, supplies, and reference material needed to accomplish the tasks assigned.

   4. FHWA will establish a service schedule for the student. Students may register for such academic credit for the work experience, as the School may consider appropriate. Time and attendance records will be kept, and a report of the student’s attendance will be included in the evaluation required by paragraph 3a above. The student will not be expected to serve during the academic holidays.

   5. FHWA will also provide the student with a "statement of duties," outlining the duties, responsibilities, and expected products that the student is expected to generate during the work assignment.

4. Responsibilities of the School. The School is responsible for nominating students to participate in the program as established by this agreement, with final selection made by FHWA. The School agrees to nominate students without regard to race, color, religion, national origin, sex, sexual orientation, or any other non-merit factors.

5. General Understandings.

   1. Students participating under this program are not to be considered Federal employees other than for purposes of:

      1. (1)   Federal Tort Claims provisions published in 28 U.S.C. 2671 through 2680. Claims arising as a result of student participation should be referred to the FHWA Office of Chief Counsel (for field positions the appropriate Resource Center Legal Services office).

      2. (2)   Title 5, U.S.C. Chapter 81, relative to compensation for injuries sustained during the performance of work assignments. Claims related to injuries should be referred through the servicing Human Resources Office to the Office of Workers’ Compensation Programs, U.S. Department of Labor, for adjudication.

   2. The FHWA may on occasion be unable to provide the service and experience required by this agreement for any given semester, and upon notice to the School, no later than two weeks prior to registration for that academic semester, this agreement will not apply.

   3. The School is not required to have a student participating in any given semester, but must notify FHWA in a timely manner whether or not a student will be nominated to participate during that semester.

   4. The scope of the program will be established to the mutual satisfaction of FHWA and the School at the beginning of each academic semester.

   5. Registered students of the School may be considered for service in the FHWA Office of (name of work unit) under the supervision of an FHWA employee. Participating students will receive no monetary compensation for their service at FHWA; however, the School may grant academic credit if it chooses to do so.

   6. FHWA may terminate a particular student at any time for such reasons as: (1) failure to conform to the agreed upon schedule of service, (2) failure to complete assigned projects, (3) and failure to abide by regulations governing behavior of all FHWA employees. FHWA will provide the School with a written statement setting forth the reasons for such termination in lieu of the evaluation required by paragraph 3a.

   7. Either party may terminate this agreement upon not less than 30 days written notice. Such termination normally will not be effected until the end of the current semester for any participating student.

NAME OF SCHOOL

SIGNATURE AND TITLE OF SCHOOL REPRESENTATIVE

DATE

FEDERAL HIGHWAY ADMINISTRATION

SIGNATURE AND TITLE OF FHWA REPRESENTATIVE

DATE

FERS Annuity Computation for Part-time Employees

CSRS Annuity Computation for Part-time Employees