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crossbow  
#1 Posted : Tuesday, May 27, 2014 8:10:31 AM(UTC)

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As most, if not all, agencies within the DoD offer "return rights" (for civilian personnel who accept positions overseas) --- is it true that DoDEA simply does NOT offer return rights?

If so, which regulatory authority allows DoDEA an exemption from providing 'return rights'... or are requests for return rights just not really 'supported' by DoDEA?


Thanks!

Edited by user Tuesday, May 27, 2014 8:27:11 AM(UTC)  | Reason: Not specified




"There is no present like the time."
pixel  
#2 Posted : Tuesday, May 27, 2014 6:38:45 PM(UTC)

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Part of the reason why they may not offer return rights may be due to the extended nature of being posted overseas when part of DoDEA. DoDEA by nature of its mission which is mostly OCONUS tend to have people gone for much longer periods when compared to civilians in other agencies and are not held to the 5 year rule.

In theory a DoDEA employee could serve their entire career 20+ years overseas. Where civilians in other DoD agency can expect to be 5 years with perhaps an additional 2 year extension. Anything beyond that is highly unlikely, at least in the current climate.



crossbow  
#3 Posted : Tuesday, May 27, 2014 6:57:08 PM(UTC)

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I should also mention that these are NON-teaching positions, therefore the "five-year rule" definitely applies.




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pixel  
#4 Posted : Wednesday, May 28, 2014 3:25:24 PM(UTC)

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I'd suggest you ask your DoDEA POC to provide you with the instruction. Regardless of what their policy is - it will be spelled out in an instruction.

The DoDI states that statutory return rights will be given when recruited CONUS for OCONUS positions, even across different agencies within DoD.

I bring that last point up because agencies can implement there own policies. For example, DAF will give you statutory return right across components only if going to certain OCONUS areas - Europe not being one of them.

Edited by user Wednesday, May 28, 2014 3:26:12 PM(UTC)  | Reason: Not specified

crossbow  
#5 Posted : Saturday, May 31, 2014 6:31:43 AM(UTC)

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Unfortunately the entirety of the answer given by the HR rep was basically: "DoDEA doesn't really do return rights because the organization is so small." I requested a copy of the local reg/instruction detailing this but have yet to receive anything. Each subsequent time I ask about it I get the same basic response: 'Will get back to you.' (But to date, I am still waiting, and this was months ago!)

As DoDI (# 1400.25, Vol 1230, dated 26 Jul 2012) clearly states effectively 'statutory return rights if recruited CONUS to OCONUS' how can this be countermanded/circumvented by local policy?



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pixel  
#6 Posted : Sunday, June 1, 2014 10:11:07 PM(UTC)

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I cant provide you with an instruction that states what/how an agency such as DA,DAF,DON,DLA, Etc. may impose there own policy over that of DoD but keep in mind that the system is setup to the benefit of the government/agencies. So it doesn't surprise me that they can do it.

I can provide you with the DAF's position (AFMAN36-204) on return rights across component lines which would contradict DoDI # 1400.25 - Vol 1230.

Career and career-conditional employees in the competitive service who are employed in the
U.S. or in a non-foreign area and who accept an assignment with the Air Force outside the U.S. or in
Alaska, or Guam are granted statutory return rights for a period of five years. Air Force does not grant
return rights across component lines to employees who accept foreign area overseas employment,
unless the assignment is to a position located in Japan, Korea, Johnston Island, Panama, Saudi Arabia,
DoD positions with the North Atlantic Treaty Organization (NATO), Joint or Unified Commands, Finland,
Israel, Kuwait, Bahrain Island, Malaysia, Russia, United Arab Emirates, Africa, Turkey and
South America. Employees who volunteer for foreign area overseas employment must obtain
approval/disapproval in writing from the losing organization. Approval/disapproval is at the discretion
of the losing organization. Losing CPF must obligate the position for return of the employee,
unless return rights cannot be granted in accordance with this instruction.


Unfortunately it seems like you'll just have to keep pouncing the local HR until they provide the info. I do admit that agency size sounds like a really odd reason not to extend return rights.

Edited by user Sunday, June 1, 2014 10:12:23 PM(UTC)  | Reason: Not specified

thanks 1 user thanked for this useful post.
crossbow on 9/25/2014(UTC)
crossbow  
#7 Posted : Thursday, September 25, 2014 10:34:44 PM(UTC)

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Originally Posted by: pixel Go to Quoted Post
I cant provide you with an instruction that states what/how an agency such as DA,DAF,DON,DLA, Etc. may impose there own policy over that of DoD but keep in mind that the system is setup to the benefit of the government/agencies. So it doesn't surprise me that they can do it.

I can provide you with the DAF's position (AFMAN36-204) on return rights across component lines which would contradict DoDI # 1400.25 - Vol 1230.

Career and career-conditional employees in the competitive service who are employed in the
U.S. or in a non-foreign area and who accept an assignment with the Air Force outside the U.S. or in
Alaska, or Guam are granted statutory return rights for a period of five years. Air Force does not grant
return rights across component lines to employees who accept foreign area overseas employment,
unless the assignment is to a position located in Japan, Korea, Johnston Island, Panama, Saudi Arabia,
DoD positions with the North Atlantic Treaty Organization (NATO), Joint or Unified Commands, Finland,
Israel, Kuwait, Bahrain Island, Malaysia, Russia, United Arab Emirates, Africa, Turkey and
South America. Employees who volunteer for foreign area overseas employment must obtain
approval/disapproval in writing from the losing organization. Approval/disapproval is at the discretion
of the losing organization. Losing CPF must obligate the position for return of the employee,
unless return rights cannot be granted in accordance with this instruction.


Unfortunately it seems like you'll just have to keep pouncing the local HR until they provide the info. I do admit that agency size sounds like a really odd reason not to extend return rights.



/////////////////


Many Thanks...!!!

Was able to finally get this resolved. (Cited same reg as referenced pertaining to 'statuatory return rights'.)




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pixel  
#8 Posted : Wednesday, October 1, 2014 5:26:50 PM(UTC)

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That's good news. Glad to hear it got resolved.
blueyedballer11  
#9 Posted : Wednesday, August 5, 2015 3:59:34 AM(UTC)
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Sorry I was so late on this. Return rights are statutory under 10 USC 1586. Period.
25 years in DoD HR with USAF, DON, and DoDEA.
NavyQueen23  
#10 Posted : Tuesday, November 3, 2015 6:43:44 PM(UTC)

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DoDEA (as the losing activity) offers return rights back to DoDEA. I work for them
sls76539  
#11 Posted : Tuesday, August 2, 2016 10:54:10 PM(UTC)
sls76539

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I would like to ask a question.

Hello, I was a GS7 and I accepted a position overseas as a GS9 and I hear from many that when you exercise your return rights that you revert back to that pay before you while others say no that you keep your current salary for 2 year. Can you clarify which is it. thank you
frankgonzalez  
#12 Posted : Wednesday, August 3, 2016 3:05:07 AM(UTC)
frankgonzalez

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Originally Posted by: sls76539 Go to Quoted Post
I would like to ask a question.

Hello, I was a GS7 and I accepted a position overseas as a GS9 and I hear from many that when you exercise your return rights that you revert back to that pay before you while others say no that you keep your current salary for 2 year. Can you clarify which is it. thank you
IIRC, You revert back to your old position/grade as if you never left it (ie any WGI you would have gotten get applied, etc). You do not stay at the higher grade as your return rights are to the old position and grade. However, if the position was a ladder and you would have been promoted had you stayed there, then that should be applied (as step increases are).

You should have voted Cthulu...the greatest of all Evils
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