(a) The employing agency must consider an employee who is detailed or transferred to an international organization for all promotions for which the employee would be considered if not absent. A promotion based on this consideration is effective on the date it would have been effective if the employee were not absent.
(b) When the position of an employee who is absent on detail or transfer to an international organization is upgraded during the employee's absence, the employing agency must place the employee in the upgraded position upon return.
(c) The employing agency must consider an employee who is detailed or transferred to an international organization from an ungraded pay system for all pay increases for which the employee would have been considered if not absent. An increase is effective on the date it would have been effective if the employee were not absent.
[73 FR 64861, Oct. 31, 2008]
Notes of Decisions
Fritch v. U.S. Dep't of State, 220 F. Supp. 3d 51 (D.D.C. 2016).
· cites it 3× “Because the Office of Personnel Management had not approved Plaintiffs transfer to the OSCE, his assignment only could have been properly effectuated as a detail, thus preserving his promotion eligibility; and' • State’s decision denying him promotion consideration conflicted…”
Fritch v. U.S. Dep't of State (D.D.C. 2018).
“314 (a) when it did not consider Plaintiff for promotion during the period of time when he was separated from the Department and transferred to OSCE”; (2) “acted inconsistently with Executive Order 11552 and 5 U.S.C. § 3584 when it failed to give ‘due consideration’ to…”
Fritch v. U.S. Dep't of State, 302 F. Supp. 3d 95 (D.C. Cir. 2018).
“Specifically, Plaintiff alleged that the Department: (1) "failed to comply with 5 C.F.R. § 352.314 (a) when it did not consider Plaintiff for promotion during the period of time when he was separated from the Department and transferred to OSCE"; (2) "acted inconsistently with…”
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