Pursuant to 5 USC 7114(a)(2)(B) you have the right to be represented during the interview about to take place by a person designated by the exclusively recognized labor organization for the unit in which you work, if you reasonably believe that the results of this interview may result in disciplinary action against you and you request representation.
I acknowledge receipt of the aforementioned notification of my right to representation.
Before we ask you any questions, it is my duty to advise you of your rights.
You have a right to remain silent.
Anything you say can be used against you in court, or other proceedings.
You have the right to consult an attorney before making any statement or answering any question, and you may have him present with you during the questioning.
You may have an attorney by the U.S. Magistrate or the court to represent you if you cannot afford or otherwise obtain one.
If you decide to answer questions now with or without a lawyer, you still have the right to stop the questioning at any time, or to stop the questioning for the purpose of consulting a lawyer.
You may waive the right to advice of counsel and your right to remain silent, and you may answer questions or make a statement without consulting a lawyer if you so desire.
I have had the above statements of my rights read and explained to me and fully understanding these rights I waive them freely and voluntarily, without threat or intimidation and without any promise of reward or immunity. I was taken into custody at (Text Field) (time), on (Text Field) (date), and have signed this document at (Text Field) (time), on (Text Field) (date).
Before we ask you any questions, it is my obligation to inform you of the following:
"You are here to be asked questions pertaining to your employment with the Internal Revenue Service and the duties that you perform for the IRS. You have the option to remain silent, although you may be subject to removal from your employment by the Service if you fail to answer material and relevant questions relating to the performance of your duties as an employee. You are further advised that the answers you may give to the questions propounded to you at this interview, or any information or evidence which is gained by reason of your answers, may not be used against you in a criminal proceeding except that you may be subject to a criminal prosecution for any false answer that you may give."
I have been given the above statement of rights and obligations at the beginning of the interview held on (Text Field).
You are not currently the subject of this investigation. However, you may be held responsible for any false statements you make or for any violation of the IRS Rules of Conduct that you admit. Therefore, if at any time during the interview you reasonably believe that you may be subjected to discipline as a result of your statements, you may request representation by the National Treasury Employees Union. If such a request is denied by the Employer, and if that denial is later found, by an arbitrator or the Federal Labor Relations Authority, to have been improper, any statements you made after requesting Union representation may not be used against you in any disciplinary action or proceeding.
I acknowledge receipt of the aforementioned notification of my rights.
Based on contractual agreements between the National Treasury Employees Union (NTEU) and the Internal Revenue Service (IRS), all IRS bargaining unit employees have the following rights:
Before we ask you any questions, it is my duty to advise you of your rights.
You have a right to remain silent if your answers may tend to incriminate you.
Anything you say can be used against you if any future criminal proceedings or agency disciplinary/adverse action proceeding, or both.
You have the right to consult an attorney before making any statement or answering any question, and you may have him/her present with you during the questioning.
Although you would normally be expected to answer questions regarding your official duties in this instance you are not required to do so. Your refusal to answer on the grounds that the answers may tend to incriminate you will not subject you to disciplinary action by the Internal Revenue Service.
If you decide to answer questions now with or without a lawyer, you still have the right to stop the questioning at any time, or to stop the questioning for the purpose of consulting a lawyer.
You may waive the right to advice of counsel and your right to remain silent, and you may answer questions or make a statement without consulting a lawyer if you so desire.
I have had the above statements of my rights read and explained to me and fully understanding these rights I waive them freely and voluntarily, without threat or intimidation and without any promise of reward or immunity.
I, (Text Field), have signed this document at (Text Field) (time), on (Text Field) (date).
Copy to: (Checkbox) Employee (Checkbox) OPF (Checkbox) Supervisor (Checkbox) Master Reference File
Each item in this section must be completed and input accurately into the OES module of webTAPS. Failure to do so may result in delay of the approval/disapproval of the request. If information regarding any item(s) is either not appropriate, is not known, or does not apply to this subject request, the appropriate entry must be made and accompanied by an explanation.
Management must made a final decision on this request to engage in outside employment or business activity as soon as possible, but not later than ten (10) workdays from receipt of the fully completed request.
Upon initial receipt of a request, the immediate supervisor must enter the OES module in webTAPS and complete item 2A. At the same time, the request should be reviewed for completeness with particular attention given to Section 1, Item 13, which should describe in detail the requested activity. If additional information is necessary, the request should be returned to the employee and the employee advised in writing of the additional information required.
Upon receipt of a fully completed request, Item 2B should be completed within the deadline for approval/disapproval, and Item 2C computed (in work days) and noted. Any reasons which result in a delay of the process should be documented. The immediate supervisor should carefully consider Item 2D, check the appropriate line, sign and date and notify the Approving Official that the Form 7995 is ready for final approval.
Following receipt of a fully completed request, careful review of all information contained on the Form 7995 should take place. Once approved four (4) copies of the Form 7995 should be printed and forwarded as follows: one (1) copy to the employee; one (1) copy to the IRS OPF Consolidated Site to be filed in the Official Personnel Folder (OPF); one (1) copy to the servicing Labor Relations office to be placed in the Master File and one (1) copy retained in the Employee Drop File.
If the request is disapproved, a complete statement setting forth the rational must accompany the request when it is returned to the requesting employee. A copy must also be sent to the IRS OPF Consolidated Site to be placed in the OPF and one (1) copy is to be sent to the servicing Labor Relations Office to be placed in the Master File.
Once management completes the approval process one (1) copy of the Form 7995 will be sent to Labor Relations for review to ensure that the request complies with regulation. Upon completion of the review, this copy will be retained in the Master File.
Management will review all Outside Employment requests annually and initial and date if still active. If no longer active, the Form 7995 will be marked VOID by the employee and signed and dated. The manager will initial and date in this section and forward one (1) copy to the IRS OPF Consolidated Site to be filed in the OPF and one (1) copy to the servicing Labor Relations office to be place in the Master File.
(See instructions on reverse)
Total Hours
We are requesting the information under the authority of 5 U.S.C. 301 and your Social Security Number is being requested under Executive Order 93-97.
The primary purpose of requesting the information is to evaluate your performance and time and attendance recordation, including Flexiplace/Telework tracking. The information provided on this form will be used to evaluate an individual's performance based on their quantitative output. This applies to individuals where volume is reported. The use of this information will be in compliance with Section 1204 of RRA '98 and 26 CFR Part 801.
In accordance with routine uses in the Federal Register: March 12, 2008 (Volume 73, Number 49) pages 13324-13326, published for the Privacy Act system of records entitled Treasury/IRS 36.003, General Personnel and Payroll Records, this information may be disclosed to:
With the exception of flexiplace information, providing the requested information is mandatory. Providing flexiplace information is voluntary. Failure to provide all or part of the remaining information requested could result in disciplinary action.
Certified correct as to all time worked and leave taken through and of this time period.
Manager's Signature/Date (Text Field)
Note: The Privacy Act Statement states that inputting information in SETR or the Form 3081 is voluntary, but this should not be confused with an employee's mandatory responsibility to report this information to management. The employee is not mandated to record Flexiplace information in SETR on an a Form 3081, at this point, but they are still required to report this time to management or management's designee in some fashion.
| Per'd Codes | Hours |
|---|---|
| 1 | 0.1-8.0 |
| 2 | 8.1-16.0 |
| 3 | 16.1-24.0 |
| 4 | 24.1-32.0 |
| 5 | 32.1-39.9 |
| (Blank Field) | 40.0 |
| 6 | 40.1-48.0 |
| At Least (minutes) | But Less (minutes) | Report As (tenths) |
|---|---|---|
| 0 | 3 | .0 |
| 3 | 9 | .1 |
| 9 | 15 | .2 |
| 15 | 21 | .3 |
| 21 | 27 | .4 |
| 27 | 33 | .5 |
| 33 | 39 | .6 |
| 39 | 45 | .7 |
| 45 | 51 | .8 |
| 51 | 57 | .9 |
| 57 | 60 | 1.0 |
The above charts are the Period Codes/Hours and Time Conversion Chart to assist you in the preparation of Form 3081. Refer to the Form 3081C instructions for additional information.
Remarks: (Text Field)
The following exhibit is a summary and is for use by Union officials in completing Form 3081 for official time entries and bank time entries, including related travel time to and from the activity, as explained in Article 9. More detailed information is available through your servicing Official Time Coordinator who can be identified at
http://hco.dev.web.irs.gov/lrer/negagree/otime/otcroster.html
References to subsections 2C (official time activities) and 2E (bank time activities) of Article 9 appear below to ensure that the program codes outlined in this exhibit are used as required by National Agreement II.
The following codes are to be used by union stewards for participation in meetings with the Employer and any other activities described in Article 9, Subsection 2C that constitute official time.
Official Time for activities authorized by National Agreement II.
This code is to be used for meetings of committees established as a result of nationally or locally negotiated agreements. This Code is not to be used for those committees described in paragraphs 7-9 below (Program Codes 58350, 58380 and 58390).
In addition, this code is to be used for the following activities:
Official Time for activities associated with Formal Meetings held by management.
Official Time for meetings over matters grieved by employees.
2C9--Grievance meetings and arbitration hearings, in accordance with the applicable articles of this Agreement.
Official Time for Union conducted training.
2C13--To the extent permitted by law, participation in Union conducted training designed primarily to further the interest of Government by bettering the labor-management relationship, where the agenda has been reviewed in advance by the Employer and the amount of time has been approved. The Employer will change the tour of duty of the steward whose assigned tour of duty does not coincide with the hours of the training class. However, the tour of duty change will not be made solely to accommodate travel. In the event the parties are unable to agree upon a reasonable amount of time for a specific training event, the Union may use bank time and address the dispute through the streamlined grievance and arbitration procedures of this Agreement. The parties also agree that the Union's use of "official" time for training under the Contract includes training to promote an understanding of the legislative process.
Official Time for statutory or regulatory matters and/or appeals.
Official Time for activities required by the Federal Service Labor-Management Relations Statute.
2C11--Negotiations with the Employer in accordance with the applicable articles of this Agreement, including the Federal Service Impasses Panel (FSIP) and mediation/arbitration. (Includes term, mid-term, national, Employer-initiated and Union initiated.)
Official Time for Labor Management Relations Committee (LMRC) meetings.
2C10--Participation of Union Stewards in meetings of National and local Labor Management Relations Committees pursuant to Article 46 of the National Agreement II.
Note: This code is not to be used for meetings of subcommittees of the LMRC or the National Business Improvement Committees (BICs). Time for these meetings is to be charged as identified in paragraphs 8-9 below (Program Codes 58380 and 58390).
Official Time for National Business Improvement Committees (BIC) meetings.
2C10--Participation of Union Stewards in meetings of National Business Improvement Committees pursuant to Article 46 of the National Agreement II.
Official Time for subcommittee meetings of local or National Labor Management Relations Committees (LMRC).
2C10--Participation of Union Stewards in meetings of local and national subcommittees, including Safety Advisory Committees, and Diversity and Equal Employment Opportunity Committees pursuant to Articles 27 and 45, respectively, of the National Agreement II.
Statutory Complaints of Discrimination--Official time, including time to travel to and from meetings with the Employer for processing complaints of discrimination, including informal, formal and settlement discussions. Also includes time for meetings to present appeals in connection with the regulatory and/or statutory EEO appeals procedures in which the Union is designated as the representative. Also includes time for preparation for meetings and appeals and time to meet with employees to prepare for informal and formal complaints, settlement discussions and appeals.
Note: This code is not to be used for grievances containing allegations of discrimination.
The following codes are to be used by union stewards for BankTime activities as described in Article 9, Subsection 2E.
Bank time for activities authorized by National Agreement II.
Bank time for activities related to grievances and arbitrations.
Bank time for preparation for Labor Management Relations Committee (LMRC) meetings.
2E9--To prepare for local and National Labor Management Relations Committee meetings.
Note: This OFP code is not to be used for preparation for Business Improvement Committees (BIC) or other subcommittees of the LMRC. Time for preparation for these meetings is to be charged as identified in paragraphs 14-15 below (Program Codes 58830 and 58840).
Bank time for preparation for National Business Improvement Committee (BIC) meetings.
2E9--To prepare for National Business Improvement Committee meetings.
Bank time for preparation for subcommittee meetings of local or National Labor Management Relations Committees (LMRC).
2E9--Preparation by for local and national LMRC subcommittee meetings, including Safety Advisory Committees, and Diversity and Equal Employment Opportunity Committees pursuant to Articles 27 and 45, respectively, of the National Agreement II.
Note: This OFP code excludes preparation for meetings of LMRCs or BICs. Time for preparation for these meetings is to be charged as identified in paragraphs 13-14 above (Program Codes 58820 and 58830).
Bank time for activities related to preparation for negotiations.
2E9--To prepare for negotiations conducted pursuant to this Agreement. (Includes term, mid-term, national, Employer-initiated and Union-initiated.)
The following three (3) codes are for use by bargaining unit employees to charge time, who are not Union stewards, but who are otherwise designated to represent the Union.
Includes time for participation in, and to travel to and from these meetings:
National and local Labor Management Relations Committee meetings.
Includes time for participation in, and to travel to and from these meetings:
National Business Improvement Committee meetings.
Includes time for participation in, and to travel to and from these meetings:
The parties are committed to reducing official and bank time during the contract years covered by this Agreement. The Employer will provide the following incentives contingent on the Union's reduction of time for representational activities as described in Subsection 2H2 of Article 9:
Information Codes Listed on the NTEU Biweekly Dues Withholding File (Electronic or Magnetic Media) generated by the National Finance Center
In addition to the above Information Codes, format positions 43-45 will indicate employee's Work-Schedule Code (F, G, H, I, J, P, Q, R, S, or T); whether the
164employee is serving under a Career Conditional Appointment (Type-Appointment-Code 2), the numeral 2 will appear in this column--otherwise this column will be left blank; and the next position will contain a one-character abbreviation for Permanent, Temporary, Term and Taper (P, T, E or A).
Biweekly Dues Withholding Record Layout
| Position | Description |
|---|---|
| 1-9 | Social Security Number |
| 10-12 | Chapter Number |
| 13-22 | First and Middle Name |
| 23-37 | Last Name |
| 38-42 | Dues Amount |
| 43 | Work Schedule--(F, G, H, I, J, P, Q, R, S, or T will be used to determine whether the employee is Seasonal, Intermittent, Full Time, or Part Time). |
| 44 | Type-Appointment-Code 2--If the employee is serving under a Career Conditional Appointment the numeral 2 will appear--otherwise this column will be blank. |
| 45 | Type Employment: P--Permanent, T--Temporary, E--Term, A--Taper. |
| 46 | Reason Code |
| 47-80 | Filler |
In conjunction with implementation of NORD IV and NCA IV agreements, the following data elements were added at positions that were determined by the National Finance Center: Geographic Locality of each employee that is used to determine the appropriate locality pay; employee's base pay, grade and step; Pay Plan (GS, WG, etc.). Upon implementation of the percentage dues system, the following data elements were included in positions determined by the National Finance Center: national dues withheld, local dues withheld, and the total dues withheld.
Biweekly Dues Withholding Record Layout--Trailer Record
| Position | Description |
|---|---|
| 1-12 | Filler |
| 13-34 | Filler |
| 35-42 | Dues Amount |
| 43-80 | Filler |
Beginning January 2006, annual ratings will be issued on a monthly basis as indicated below for those employees who were due annual ratings of record at the end of the prior calendar month based upon the last digit of the employee's Social Security Number (SSN). Refer to Exhibit 12-2 for employees assigned to measured performance plans.
| Last Digit of SSN | Annual Rating Period Ending Date | Performance Appraisal Due Date |
|---|---|---|
| 0 | September 30 | October 31 |
| 1 | October 31 | November 30 |
| 2 | November 30 | December 31 |
| 3 | December 31 | January 31 |
| 4 | January 31 | February 28/29 |
| 5 | February 28/29 | March 31 |
| 6 | March 31 | April 30 |
| 7 | April 30 | May 31 |
| 8 & 9 | May 31 | June 30 |
Beginning September 1, 2006, annual ratings will be issued on a quarterly basis as indicated below for those employees on measured performance plans who were due annual ratings of record at the end of the prior calendar quarter based upon the last digit of the employee's Social Security Number (SSN). Refer to Exhibit 12-1 for employees not assigned to measured performance plans
| Last Digit of SSN | Annual Rating Period Ending Date | Performance Appraisal Due Date |
|---|---|---|
| 0 | September 30 | October 31 |
| 1 | September 30 | October 31 |
| 2 | September 30 | October 31 |
| 3 | December 31 | January 31 |
| 4 | December 31 | January 31 |
| 5 | December 31 | January 31 |
| 6 | March 31 | April 30 |
| 7 | March 31 | April 30 |
| 8 | March 31 | April 30 |
| 9 | March 31 | April 30 |
Note: Only complete applications will be forwarded by the supervisor.
Description of Hardship (Please attach documentation justifying request (e.g., medical doctor's letter, etc.)
IRS Post(s) of Duty requested and justification for each post-of-duty specified.:
If I am currently above the journey level of my position and a hardship relocation is authorized, I understand that I will be limited to entitlement to positions in my current occupation at the journey level. My pay will be set in accordance with Government-wide regulations.
Note: When applying for future merit promotion announcements, employees are encouraged to annotate their applications: Previously held grade (Text Field). Hardship change to lower grade effective (Text Field).
It is my responsibility to notify the "gaining" office of any change in my hardship situation.
Request must be submitted to the immediate supervisor for review.
Notice to "gaining" office of pending hardship request
Date (Text Field)
Meets criteria for a hardship relocation.
Reason for negative determination:
Employees may volunteer for relocation to an IRS POD within any of the geographic areas listed below if their assigned POD is located within the area. For example, if the employee's POD is located in Alabama, the employee would be able to request a voluntary reassignment in both Areas 5 and 6. The geographic areas, for the purposes of offering voluntary relocations, are as follows:
| Area 1 | Alaska, California, Hawaii, Oregon and Washington |
| Area 2 | Arizona, California, Nevada, New Mexico, Oregon and Washington |
| Area 3 | Colorado, Idaho, Montana, Utah and Wyoming |
| Area 4 | Oklahoma and Texas |
| Area 5 | Alabama, Arkansas, Louisiana, Mississippi and Tennessee |
| Area 6 | Alabama, Florida, Georgia, North Carolina, South Carolina and Tennessee |
| Area 7 | Florida and Puerto Rico |
| Area 8 | Kentucky, Michigan, Ohio and West Virginia |
| Area 9 | Delaware, District of Columbia, Maryland, Pennsylvania, Virginia and West Virginia |
| Area 10 | Delaware, New Jersey and Pennsylvania |
| Area 11 | Illinois, Indiana, Kentucky, Missouri and Wisconsin |
| Area 12 | Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota and South Dakota |
| Area 13 | Metropolitan New York City |
| Area 14 | Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Upstate New York and Vermont |
| # of cases | Grade of cases | Weight | Hours | Div by Total Hrs. | % of Time |
|---|---|---|---|---|---|
| 10 | 12 | 2.0 | 20 | 150 | 13 |
| 80 | 11 | 1.5 | 120 | 150 | 80 |
| 10 | 9 | 1.0 | 10 | 150 | 7 |
| 100 | (Blank Field) | (Blank Field) | 150 | (Blank Field) | (Blank Field) |
The 809 and 810 time (which are time-reporting categories in the Collection Entity Program) will be considered to constitute the same percentage of higher graded duties as applicable to direct time during the corresponding time frame. For example, if in a six month period an individual's direct time consists of 30% higher graded duties, the 809 and 810 time for that six month period will be assumed to consist of 30% higher graded duties. The employee will be credited for higher graded 809/810 time at the same ratio as other direct time when calculating eligibility for higher graded pay.
The parties agree that mass grievances are legitimate grievances that must be addressed by the IRS. However, such grievances cannot be adequately addresses and/or settled prior to disclosure of all relevant information by the Union. NTEU National Office will advise local chapters to provide any and all specific information that they have related to these cases.
If the Service can demonstrate, through the existing work record, that an individual was assigned duties commensurate to his or her grade level when working the above referenced types of cases (e.g., one employee worked solely lower graded issues while another employee worked higher graded issues), then those duties shall not be considered higher graded duties. If, however, the Service cannot demonstrate through the existing work record, that an individual was assigned duties commensurate to his or her grade when working the above referenced types of cases, then those duties will be considered to be at the grade level designation of the cases as a whole, and the time spent on the case by the individual shall be considered higher graded duty for the duration of the time spent on the case.
The criteria for cases in which individuals have worked a drastically small amount of direct time over a six month period (of which over 25% of the direct time was spent on higher graded duties), while the rest of the duties constituted indirect time, is as follows:
If the employee spent less than 25% of his or her total time on direct time over a 12 month period, then the higher graded duties will be compensated on a pay period basis will be applied. For example, in a 6 month period, an employee may have worked only 10 hours of direct time, 6 of which were spent on higher graded work. This employee spent less than 25% of the total time on direct time in the six month period. Therefore, the employee will be compensated on a pay period basis. Assuming all 10 hours are in the same pay period, this employee will receive a temporary promotion for one pay period.
An employee who has received a temporary promotion for two contiguous full six month periods (i.e., 365 days) shall be deemed to have fulfilled all requirements related to and shall be granted highest previous rate for as long as IRM 0531.56 is in effect. If at some time in the future, IRM 0531.56 is no longer in effect, the Service will grant highest previous rate for qualifying periods of retroactive temporary promotion which ended prior to the cancellation date of IRM 0531.56, regardless of when the retroactive temporary promotion is actually effected. If the termination date of the retroactive promotion is after the cancellation date of IRM 0531.56, the Service will not grant highest previous rate even if the length of the retroactive temporary promotion would be otherwise qualifying.
The annual performance rating is the employee's official rating of record as defined in Article 12, Subsection 2A of the National Agreement.
The right of an employee to be assigned, within their competitive area, by bump or retreat in the second round of RIF competition to a position in a different competitive level held by another employee with lower standing on a retention register.
RIF assignment right to a position in a different competitive level that is occupied by another employee in a lower tenure group or in a lower subgroup.
A notice given to a competing employee who the agency believes with a reasonable degree of certainty will be separated from Federal employment by reduction in force (RIF) procedures.
An employee in tenure group I, II, or III in either the competitive or excepted service within the impacted competitive area.
Boundaries within which employees compete for retention in a RIF which are always defined on the basis of organization and geography.
A group of positions, within the same competitive area, in the same grade/band and occupational series that have similar duties, qualification requirements, pay plan, work schedules and working conditions so that the incumbent of one position could move to any other of the positions in the same competitive level and perform successfully without undue interruption.
Calendar days unless otherwise indicated.
"Directly impacted employees" means those employees (i) who occupy positions that are identified by the business unit as affected by an approved realignment or reorganization (i.e., the position is being abolished or the position is in the same grade, series and competitive level as the position being abolished in the competitive area); (ii) whose positions are included in a competitive sourcing study; or (iii) who are identified in the RIF simulation as likely to be downgraded or separated if the RIF were conducted as of that date.
A position is considered to be essentially identical to a position previously held by a released employee if, regardless of occupational series, the duties of the positions are so similar that they would be considered interchangeable and would be placed in the same competitive level.
All or a clearly identifiable segment of an agency's mission (including all integral parts of that mission), regardless of how it is performed.
Grade retention is available, if eligibility requirements are met, when an employee is demoted as a result of RIF, reclassification, reorganization, or other circumstances outlined in 5 CFR 536.103, to retain his/her higher grade for most purposes for a period of two years.
A geographic area that usually constitutes one area for employment purposes. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment.
The summary rating level assigned most frequently among the actual ratings of record within the competitive area and assigned under the summary level pattern that applies to the employee's position of record on the date of the RIF. Modal ratings are only used when the competitive area undergoing a RIF contains at least one employee who has no rating of record within the applicable 4-year period for crediting ratings.
174Pay at a rate higher than the top step of the employee's assigned grade following the end of grade retention, or at other specified times.
The initiation of a formal action under 5 CFR Chapter 752 or 432 procedures, i.e. a proposal under Chapter 752 or an opportunity letter under Chapter 432.
The planned elimination, addition, or redistribution of functions or duties in an organization.
Rates used to compare two or more positions in different pay schedules. The fourth step of the grade is used for a position under the General Schedule. For positions under a wage system with 5 steps, the second step is used as the representative rate. Positions in the IR band are converted to their GS equivalent.
A list of RIF competing employees within a competitive level grouped by tenure, veterans preference, and length of service augmented by performance credit.
An employee's relative ranking on a retention register.
RIF assignment right to be assigned to a position in a different competitive level which is occupied by an employee with less service in the same retention subgroup.
The different stages of competing for retention during a RIF. In round 1, employees compete to remain in their competitive level. In round 2, assignment rights for released employees are determined (i.e., employees compete for assignment to positions in different competitive levels).
Also known as SCD-RIF, this is a combination of the employee's service computation date (length of service) and credit given for three annual performance ratings of record in the four years preceding the date on which ratings are frozen before a RIF.
Compensation provided to eligible employees who are involuntarily separated for reasons other than removal for cause.
A written communication from an agency official to an employee stating that the employee will be affected by a specific RIF action.
The transfer of the work of one or more employees from one competitive area to one or more other competitive areas, except when the function involved is virtually identical to functions already being performed in the second competitive area(s). Transfer of function can also mean the movement of the competitive area in which the function is performed to another local commuting area.
The Reassignment Preference Policy (RPP) is a mitigation strategy that affords maximum placement opportunities for employees directly impacted by an approved realignment or reorganization initiative that may or may not result in a Reduction in Force (RIF).
The RPP is designed to facilitate voluntary placement into permanent bargaining unit and non-bargaining unit positions at or below the employee's current grade before CES letters are issued, CTAP rights attach, or the effective date of an approved realignment, reorganization, or competitive sourcing initiative. Selections under RPP will be made without regard to bargaining unit status. This policy covers all positions Service-wide, bargaining unit and non-bargaining unit, regardless of the procedure used fill the positions.
The RPP does not apply to positions announced as temporary "not to exceed" or temporary "may be made permanent." Prior approval is required from the Division Commissioner, Business Head or executive designee at an equivalent level to announce any permanent position as temporary "not to exceed" or temporary "may be made permanent" to ensure the availability of as many placement opportunities as possible.
The process will remain in effect until directly impacted employees are placed into a continuing position or issued a certificate of expected separation (CES), an official Career Transition Assistance Program (CTAP) notice, a RIF notice or any notice that provides selection priority or because of the mitigation strategies there are no longer employees in the competitive area who are "directly impacted" and a RIF will not be necessary.
This process requires an employee to apply for vacancies at the same or lower grade and work schedule (e.g. permanent to permanent; seasonal to seasonal) as their current position, both within and outside the commuting area. The same or lower grade position is defined as a position having no greater promotion potential than that currently held by the employee on a permanent basis.
Under the RPP, a vacancy is defined as any position the Agency is filling regardless of whether a vacancy announcement is issued unless one of the exceptions identified in 5 CFR 330.606(d) exists. That is, the same exceptions applicable to filling vacancies under 5 CFR 330, Subpart F will be applicable to the reassignment preference process. Vacancies not exempt from this program will be announced as long as there are directly impacted employees at or below the grade of the position to be filled.
A Reassignment Preference Notice will be issued to directly impacted employees to document eligibility and for use when applying for vacancies under this process.
Reassignment Preference applicants must meet qualification requirements for the vacancy and must have a Fully Successful or higher overall rating on their last annual performance appraisal.
Vacancy announcements must indicate whether moving expenses will be authorized. Moving expenses will only be paid when indicated in the vacancy announcement. All Reassignment Preference applicants who apply for a vacancy will be considered. If the selection certificate contains a Reassignment Preference employee(s) who meets all the requirements, the employee must be selected. If there are two (2) or more Reassignment Preference applicants on the priority reassignment roster, and the selecting official does not wish to select the candidate with the earliest IRS EOD, management will competitively rank the Reassignment Preference candidates before making a selection. Once the candidates are ranked, the selecting official may select any of the reassignment preference candidates.
Employees who voluntarily apply and are selected for a position not more than three (3) grades or three (3) grade intervals below their position of record, will receive the grade and pay retention, provided the employee meets all regulatory requirements.
In addition to any time provided under this Agreement, administrative time will be made available to directly impacted employees for the purpose of outplacement and career counseling assistance prior to CTAP eligibility. The Employer will notify directly impacted employees when they may begin submitting requests for the time.
Subject to workload, all directly impacted employees will receive if requested up to four (4) hours of administrative time for outplacement activities.
The four (4) hours may be used to participate in the following outplacement activities:
To the maximum extent possible, the Employer will schedule the workshops listed above during lunch/dinner break time to permit employees to combine lunch/dinner break time with approved administrative time.
Employees who have exhausted their four (4) hour allotment may request additional time to participate in the outplacement activities listed above. Managers are authorized to approve the additional time subject to workload.
An Outplacement Coordinator will be appointed by the appropriate Business Division to coordinate the activities described above. The Outplacement Coordinator will be available to meet with National NTEU, upon request, to address questions and concerns regarding outplacement services. The Outplacement Coordinator will liaison with entities from the local community, surrounding States and Federal Agencies to ascertain the availability of jobs. Impacted Chapters may designate an implementation coordinator for the RIF.
At Campus locations, the Employer will provide access to computers for Intra and Internet access through kiosk-type structures. At any other impacted locations at which employees are not assigned a computer for the performance of official duties, the Employer will provide access to computers for Intranet and Internet access.
The Employer will provide an instruction booklet on utilizing the kiosks and will provide access through the kiosks to http://mycareerplan.web.irs.gov. If available, the Employer will also provide instructions on accessing and utilizing the "my career plan" website.
At Campus locations, employees in non-work status will be able to access outplacement and counseling services at a non-secure location.
The Employer will provide Career Counselors in sufficient numbers to provide the services described in this policy.
Eligibility for utilizing time and services prior to the issuance of CTAP letters expires when either of the following occurs: the employee is separated or downgraded in the RIF, or the directly impacted employee receives a career, career-conditional or Excepted Service appointment without time limit in any agency or a continuing position with the IRS outside the competitive area.
The Employer shall make every effort to obtain VERA and/or VISP authority for from OPM for any RIF action. Any directly impacted employee, who meets the eligibility requirements for VERA, and accepts VSIP, will be authorized VERA retirement.
Eligible directly impacted employees may apply for VERA/VSIP during open periods. In each RIF, there will be at least two (2) open windows for direct VERA/VSIP. The first VERA/VSIP window will open within thirty days following the completion of the RIF simulation. The window will remain open for a minimum of twenty-one (21) days. A second VERA/VSIP window will open if CES notices are issued. Only those employees receiving CES notices will be eligible to participate during this second window. The window will remain open for a minimum of twenty-one (21) days. The parties may negotiate additional open window periods. Subject to approval by OPM, indirect buy outs using "job swaps" may occur during these two (2) open windows.
Directly impacted employees must be eligible and approved for VERA by the off-rolls date(s) offered by the Employer. Off-rolls dates will be determined by the Employer based upon workload and budget. Prior to any open period for applications, the Employer will mail a letter to directly impacted employees notifying them of the application period for VERA. A VERA fact sheet will be attached to the letter. The letter, including the VERA fact sheet, will be sent to all directly impacted employees via certified mail return receipt requested.
VERA briefings will be conducted in a format determined by the Employer prior to the open period for accepting applications for eligible and directly impacted employees. VERA briefings will be conducted as part of the employee RIF briefings. Each employee attending the briefing will be provided general retirement information. An individual packet including his/her annuity calculation, and the name and telephone number of the assigned Retirement Specialist will be provided to the employee once they respond to a Retirement Interest Survey or initiate an ERC ticket. Information for completing this survey will be included in the VERA/VSIP offer received by the directly impacted employee. In addition, at each briefing, a Personnel Specialist will be available to answer questions regarding buyouts and severance pay.
The Employer will provide each eligible and directly impacted employee, in a work status, with up to two (2) hours to contact a Retirement Counselor by telephone subject to workload. The two (2) hours will be in addition to administrative time provided to employees under the National Agreement.
Eligible directly impacted employees may apply for VSIP during open periods. The first VERA/VSIP window will open within thirty (30) days following the completion of the RIF simulation. The window will remain open for a minimum of twenty-one (21) days. A second VERA/VSIP window will open if CES notices are issued. Only those employees receiving CES notices will be eligible to participate during this second window. The window will remain open for a minimum of twenty-one (21) days. The parties may negotiate additional open window periods. Subject to OPM approval, indirect buyouts using job swaps may occur during these two (2) open windows.
Directly impacted employees must be eligible and approved for VSIP by the off-rolls date(s) offered by the Employer. Off-rolls dates will be determined by the Employer based upon workload and budget.
Prior to an open period for applications, the Employer will mail a letter to directly impacted employees notifying them of the application period for VSIP. A VSIP fact sheet will be attached to the letter. The letter, including the VSIP fact sheet, will be sent to directly impacted employees via certified mail return receipt requested.
The VSIP letter will also contain a telephone number for employees to call if interested. Employees calling the telephone number will be screened for eligibility. Eligible employees may also utilize the telephone number to ask questions and request a VSIP computation.
Subject to workload, the Employer will provide each eligible and directly impacted employee, in a work status, with up to one (1) hour to contact a personnel specialist by telephone. The one (1) hour will be in addition to administrative time provided to employees under this Agreement.
Two Minimum Requirements:
| Types of Retirement | Age | Service | Special Requirement |
|---|---|---|---|
| Optional--No age Reduction | 62 | 5 yrs. Civ. Service | None |
| Optional--No age Reduction | 60 | 20 | None |
| Optional--No age Reduction | 55 | 30 | None |
| Optional--Early Out | Any Age | 25 | Major Reorganization, Transfer of Function, or Reduction in Force. Reduction of 1/6 of 1% of each full month (2%) per year if under age 55. |
| Optional--Early Out | 50 | 20 | Major Reorganization, Transfer of Function, or Reduction in Force. Reduction of 1/6 of 1% of each full month (2%) per year if under age 55. |
| Discontinued Service | Any Age | 25 | Involuntary Separation not for misconduct or delinquency. If under age 55, there is a reduction of 1/6 of 1% of each full month (2%) per year. |
| Discontinued Service | 50 | 20 | Involuntary Separation not for misconduct or delinquency. If under age 55, there is a reduction of 1/6 of 1% of each full month (2%) per year. |
| Disability | Any Age | 5 | Disabled for current position and any vacant position in agency within commuting area at same pay or grade level. |
| Deferred | 6 | 5 | Must have left retirement contributions in fund. Application for benefits made directly with OPM. |
Two Minimum Requirements:
| Types of Retirement | Age | Service | Special Requirement |
|---|---|---|---|
| Optional--No age Reduction | 62 | 5 yrs. Civ. Service | None |
| Optional--No age Reduction | 60 | 20 | None |
| Optional--No age Reduction | MRA | 30 | None |
| Early--Reduced (MRA plus 10) | MRA | 10 | 5 years Civilian Service. Reduction of 5/12 of 1% for each month (5% per year) employee is under age 62. Annuity commencing date can be postponed to offset all or a portion of the age reduction. |
| Optional--Early Out | 50 | 20 | Major Reorganization, Transfer of Function, or Reduction in Force. |
| Optional--Early Out | Any | 25 | Major Reorganization, Transfer of Function, or Reduction in Force. |
| Discontinued Service | 50 | 20 | Involuntary Separation not for misconduct or delinquency--no reasonable agency offer. |
| Discontinued Service | Any | 25 | Involuntary Separation not for misconduct or delinquency--no reasonable agency offer. |
| Disability | Any | 18 months | Disabled for current position and any vacant position in agency within commuting area at same pay or grade level. |
| Deferred | MRA | 10 | Performed at least 10 years of service. Reduction of 5/12 of 1% for each month (5% per year) employee is under age 62. |
| Deferred | 62 | 5 years Civilian Service | None |
| Deferred | 60 | 20 | None |
The Internal Revenue Service shall take positive and persistent action to recruit, hire, develop, and advance persons with disabilities. The Service shall make reasonable accommodations for all qualified applicants or employees with physical or mental disabilities in accordance with law. Executives, managers, and supervisors shall create a positive work environment that will encourage employees with disabilities to maximize and reach their full potential. The Internal Revenue Service shall take necessary action to ensure that members of the public with disabilities have an equal opportunity to effectively participate in its programs, activities, and services, in accordance with law. The Service shall comply with all appropriate rules, regulations, and directives.
This is to notify you that AWOL is being charged for the following date(s) and for the following reason(s):
A copy of this notice will be placed in your Drop file. At your election, you may share a copy of this notice with your NTEU representative.
Sections 6381 through 6387 of title 57 United States Code, as added by Title II of the Family and Medical Leave Act 1993 (FMLA) (Public Law 103-3, February 5, 1993), provides covered Federal employees with entitlement to 12 workweeks of unpaid leave during any 12-month period for the following purposes:
Under certain conditions, FMLA leave may be taken intermittently, or the employee may work under a work schedule that is reduced by the number of hours of leave taken as family and medical leave. An employee may elect to substitute annual leave and/or sick leave, consistent with current laws and regulations, for any unpaid leave under the FMLA. FMLA leave is in addition to other paid time off available to an employee.
This is a brief summary of your entitlements and responsibilities under the FMLA. Contact your agency personnel office for additional information.
(See Exhibit 34-1 for Sick Leave for General Family Care and Care for a Family Member with a Serious Health Condition)
Permits employees to use:
Part-time employees are eligible for a pro-rated amount of FMLA leave. For part time employees, the amount of FMLA leave granted may not exceed an amount equal to 12 times the average number of hours in his or her scheduled tour of duty each week. (e.g., an employee who works 20 hours a week may not be granted more than a maximum of 240 hours. 20/hr. week multiplied by 12 equals 240 total)
Any employee covered by the Federal Leave system who has completed 12 consecutive or nonconsecutive months of Federal service. Excluded are employees serving under temporary appointments with a time limitation of 1 year or less and intermittent employees.
Enables employees to use LWOP for:
Expanded Family/Medical Leave An employee may be granted up to 24 hours of LWOP each year for:
Apply to immediate supervisor (Form 9611) no less than 30 days before leave is to begin, if need for leave is foreseeable, or within a reasonable period of time appropriate to the circumstances involved, if the need for leave is not foreseeable. Employees may choose to provide required medical certification only to those medical professionals designated by the Employer.
Immediate supervisor
See Exhibit 34-1 for use of sick leave for purposes relating to adoption of a child.
All Federal employees subject to the Federal Leave system
Leave requested in written, oral, or electronic format, and within required time limits.
Apply to immediate supervisor in advance to the extent possible
Immediate supervisor
Subject to the requirements herein, the Agency must grant sick leave to an employee for personal medical needs:
Full time employees earn 1/2 day (4 hours) for each biweekly pay period.
Part time employees earn 1 hour for each 20 hours in a pay status.
There are no limits on the amount of sick leave that can be accumulated.
Employees must request sick leave, in written, oral, or electronic format, and within required time limits.
Advance approval is required for the purpose of receiving medical, dental, or optical examination or treatment.
Sick leave may be granted only when the need for sick leave is supported by administratively acceptable evidence (e.g., medical certification or self-certification).
For absences in excess of 3 days or for a lesser period when determined necessary, a medical certificate as to the reason for the sick leave, may be required.
Medical certificate means a written statement signed by or having the stamped signature of the health care provider. The medical certificate must include: (1) a statement that the employee is under the care of a physician; (2) a statement that the employee is incapacitated for duty and the days the employee is incapacitated; and (3) information concerning the expected duration of the incapacitation.
Employees must provide medical certification for a request for sick leave no later than 15 calendar days after the date requested. If not practicable under the circumstances to provide requested medical certification within 15 calendar days, despite the employee's diligent, good faith efforts, the employee must provide medical certification within a reasonable period of time under the circumstances involved, but no later than 30 calendar days after the date requested.
Employees who do not provide the medical certification within the specified time period are not entitled to the sick leave.
Subject to the requirements herein, the Agency must grant sick leave to an employee for general family care or bereavement purposes to:
A full-time employee may use up to 104 hours (13 workdays) of sick leave each leave year for general family care and bereavement purposes.
For part-time employees, the amount of sick leave is prorated in proportion to the average number of hours of work in the employee's scheduled tour of duty each week (e.g., an employee who works 20 hours a week may not be granted more than 52 hours of sick leave for general family care and bereavement purposes).
Employees must request sick leave, in written, oral, or electronic format, and within required time limits.
Advance approval is required to the extent possible.
Sick leave may be granted only when the need for sick leave is supported by administratively acceptable evidence (e.g., medical certification or self-certification).
For absences in excess of 3 days or for a lesser period when determined necessary, a medical certificate as to the reason for the sick leave, may be required.
Medical certificate means a written statement signed by or having the stamped signature of the health care provider. The medical certificate must include: (1) a statement that the patient is under the care of a physician; (2) a statement that the patient is incapacitated and the days the patient is incapacitated; and (3) information concerning the expected duration of the incapacitation.
Employees must provide medical certification for a request for sick leave no later than 15 calendar days after the date requested. If not practicable under the circumstances to provide requested medical certification within 15 calendar days, despite the employee's diligent, good faith efforts, the employee must provide medical certification within a reasonable period of time under the circumstances involved, but no later than 30 calendar days after the date requested.
Employees who do not provide the medical certification within the specified time period are not entitled to the sick leave.
Subject to the requirements herein, the Agency must grant sick leave to an employee to provide care for a family member with a serious health condition.
The definition of a serious health condition has the same meaning given that term in the FMLA regulations.
See Exhibit 33-2 for FMLA overview, including definition of serious health condition.
A full-time employee may use up to 480 hours (12 administrative work weeks).
For part time employees, the amount of sick leave granted may not exceed an amount equal to 12 times the average number of hours in his or her scheduled tour of duty each week. (e.g., an employee who works 20 hours a week may not be granted more than a maximum of 240 hours. 20/hr. week multiplied by 12 equals 240 total)
The amount granted to a full-time employee may not exceed a total of 480 hours of sick leave each leave year.
If a full-time employee has previously used any portion of the 104 hours of sick leave (for part-time employees, the number of hours authorized based on the prorated calculation) as defined for sick leave for general family care or bereavement purposes, that amount must be subtracted from the maximum of 480 hours (for part-time employees, the amount must be subtracted from the maximum number of hours authorized based on the prorated calculation).
Employees must request sick leave, in written, oral, or electronic format, and within required time limits.
Advance approval is required to the extent possible.
Sick leave may be granted only when the need for sick leave is supported by administratively acceptable evidence. (e.g., medical certification or self-certification).
For absences in excess of 3 days or for a lesser period when determined necessary, a medical certificate as to the reason for the sick leave, may be required.
Medical certificate means a written statement signed by or having the stamped signature of the health care provider. The medical certificate must include: (1) a statement that the patient is under the care of a physician;(2) a statement that the patient is incapacitated and the days the patient is incapacitated; and (3) information concerning the expected duration of the incapacitation.
Employees must provide medical certification for a request for sick leave no later than 15 calendar days after the date requested. If not practicable under the circumstances to provide requested medical certification within 15 calendar days, despite the employee's diligent, good faith efforts, the employee must provide medical certification within a reasonable period of time under the circumstances involved, but no later than 30 calendar days after the date requested.
Employees who do not provide the medical certification within the specified time period are not entitled to the sick leave.
Subject to the requirements herein, the Agency must grant sick leave to an employee if he or she must be absent from work for purposes relating to adoption of a child, including appointments with adoption agencies, social workers, and attorneys; court proceedings; required travel; and any other activities necessary to allow the adoption to proceed.
See Exhibit 33-2 for additional information regarding adoption, including FMLA for the placement of a child with the employee for adoption or foster care.
Employees must request sick leave, in written, oral, or electronic format, and within required time limits.
Advance approval is required to the extent possible.
May be granted only when the need for sick leave is supported by administratively acceptable evidence, e.g. adoption documents.
Employees must provide administratively acceptable evidence for a request for sick leave for adoption no later than 15 calendar days after the date requested. If not practicable under the circumstances to provide requested evidence within 15 calendar days, despite the employee's diligent, good faith efforts, the employee must provide the evidence within a reasonable period of time under the circumstances involved, but no later than 30 calendar days after the date requested.