Employment and Compensation - Policy

Employment and Compensation (E&C)

E&C is responsible for a full range of program management and policy development and provides clarification of different laws, regulations, civilian personnel policies, and Executive Orders for the Department on compensation, staffing, civilian transition programs, and recruitment assistance.

The following policies fall within the E&C portfolio. Each section includes a list of the subject matter areas and applicable law and regulations.

Compensation

DCPAS Compensation team provides policy guidance and advisory services to Department of Defense agencies and specialists on compensation, premium pay, overseas allowances, and leave.

Higher Rates of Additional Pay DoD Instruction 1400.25, Volume 530, Administratively reissued April 6, 2009, “DoD Civilian Personnel Management System: Pay Rates and Systems (General)”

Authority
5 U.S.C. 5307
5 CFR part 530, subpart B

Advanced In-hire Rates / Superior Qualifications
DoD Instruction 1400.25, Volume 531, Administratively reissued May 18, 2009, “DoD Civilian Personnel Management System: Pay Under the General Schedule”

Authority
5 U.S.C. 5333
5 CFR 531.212

Maximum Payable Rate Rule
DoD Instruction 1400.25, Volume 531, Administratively reissued May 18, 2009, “DoD Civilian Personnel Management System: Pay Under the General Schedule”

Authority
5 U.S.C. 5334
5 CFR 531.221-223

Quality Step Increases
DoD Instruction 1400.25, Volume 531, Administratively reissued May 18, 2009, “DoD Civilian Personnel Management System: Pay Under the General Schedule”

Authority
5 U.S.C. 5336
5 CFR 531, subpart E

Grade and Pay Retention
DoD Instruction 1400.25, Volume 536, Administratively reissued April 6, 2009, “DoD Civilian Personnel Management System: Grade and Pay Retention”

Authority
5 U.S.C. 5361-5366
5 CFR 536

Advances in Pay
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5524a
5 CFR part 550, subpart B

Severance Pay
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5595
5 CFR part 550, subpart G

Collection of Offset from Indebted Government Employees
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5511-5514
5 CFR part 550, subpart K

Recruitment, Retention, and Relocation Incentives (3Rs)
DoD Instruction 1400.25, Volume 575, February 2, 2018, “DoD Civilian Personnel Management System: Recruitment, Relocation, and Retention Incentives and Supervisory Differentials”

Authority
5 U.S.C. 5753-5754
5 CFR part 575, subparts A, B, C

Supervisory Differentials
DoD Instruction 1400.25, Volume 575, February 2, 2018, “DoD Civilian Personnel Management System: Recruitment, Relocation, and Retention Incentives and Supervisory Differentials”

Authority
5 U.S.C. 5755
5 CFR part 575, subpart D

Flexible and Compressed Work Schedules
DoD Instruction 1400.25, Volume 610, November 28, 2014, “DoD Civilian Personnel Management System: Hours of Duty”

Authority
5 U.S.C. 6120-6133
5 CFR part 610, subpart D

Student Loan Repayment Program
Authority
5 U.S.C. 5379
5 CFR part 537

Reservist Differentials
Authority
5 U.S.C. 5538

Uniform Allowance Rates for DoD Civilian Employees
DoD Instruction 1400.25, Volume 591, Incorporating Change 1, Effective March 3, 2017, “DoD Civilian Personnel Management System: Uniform Allowance Rates for DoD Civilian Employees”

Authority
10 U.S.C. 1593
Fair Labor Standards Act (FLSA) 5 U.S.C. 5542(c)

Employment in Overseas Areas and Employee Return Rights
DoD Instruction 1400.25, Volume 1230, July 26, 2012, “DoD Civilian Personnel Management System: Employment in Foreign Areas and Employee Return Rights”

Authority
10 U.S.C. 1586, 1784
5 CFR parts 351, 591

Pay Setting Upon Return from Overseas
DoD Instruction 1400.25, Volume 531, Administratively reissued May 18, 2009, “DoD Civilian Personnel Management System: Pay Under the General Schedule”

Authority
10 U.S.C. 1586 (d)
Overseas Allowances
DoD Instruction 1400.25, Volume 1250, February 23, 2012, “DoD Civilian Personnel Management System: Overseas Allowances and Differentials”

Authority
5 U.S.C. 5522, 5584, 5922

Department of State Standardized Regulations
Overseas Benefits
DoD Instruction 1400.25, Volume 1250, February 23, 2012, “DoD Civilian Personnel Management System: Overseas Allowances and Differentials”

Authority
5 U.S.C. 5522, 5584, 5922

Premium Pay
FLSA Overtime
OPM How to Compute FLSA Overtime Pay
Authority
5 U.S.C. 5542(c)
5 CFR part 551, subpart E.

Title 5 Overtime
Authority
5 U.S.C. 5542(GS)
5 U.S.C. 5544(FWS)
5 CFR 550.101-113, 532.503
OPM Fact Sheet: Overtime Pay, Title 5

Premium Pay
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5541-5550b
5 CFR part 550, subpart A

Weekend Duty
DoD Instruction 1400.25, Volume 610, November 28, 2014, “DoD Civilian Personnel Management System: Hours of Duty”

Authority
5 U.S.C. Chapter 61
5 CFR part 610

Holiday Pay
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5546
5 CFR 550.131-132

Law Enforcement Availability Pay
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5545a; 5542(d)
5 CFR part 550.181-550.187

Physical Hardship or Hazard Pay
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5545(d)
5 CFR part 550, subpart I

Religious Observances
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5550a
5 CFR part 550, subpart J
OPM Fact Sheet: Adjustment of Work Schedules for Religious Observances

Leave

Leave Administration/Excused Absence
DoD Instruction 1400.25, Volume 630, Change 2, Effective May 8, 2015, “DoD Civilian Personnel Management System: Leave”
DoD Instruction 1400.25, Volume 631, August 31, 2009, “DoD Civilian Personnel Management System: Credit for Prior Non-Federal Work Experience and Certain Military Service for Determining Leave Accrual Rate”
Authority
5 U.S.C. Chapter 63
5 CFR part 630

Holidays
DoD Instruction 1400.25, Volume 610, November 28, 2014, “DoD Civilian Personnel Management System: Hours of Duty”
Authority
5 U.S.C. 6103-6104,
E.O. 11582
5 CFR 510.201-202

Observance of Holidays in Foreign Areas
DoD Instruction 1400.25, Volume 1261, March 25, 2015, “DoD Civilian Personnel Management System: Observance of Holidays in Foreign Areas”
Authority
5 U.S.C. 6103
E.O. 11582

FMLA
Instruction 1400.25, Volume 630, Change 2, Effective May 8, 2015, “DoD Civilian Personnel Management System: Leave”

Authority
5 U.S.C. 6381-6387
5 CFR part 630, subpart L
OPM Fact Sheet: Family and Medical Leave

Home Leave
DoD Instruction 1400.25, Volume 1260, Change 2, Effective May 8, 2015, “DoD Civilian Personnel Management System: Home Leave”

Authority
5 U.S.C. 6305
5 CFR part 630, subpart F

Administrative Leave
Authority
5 U.S.C. 6104
5 CFR part 610, subpart C

Lump-Sum Payment for Restored Annual Leave
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5551-5553; 6306
5 CFR part 550, subpart L

Compensatory Time
DoD Instruction 1400.25, Volume 531, Administratively reissued May 18, 2009, “DoD Civilian Personnel Management System: Pay Under the General Schedule”

Authority
5 U.S.C. 5543
5 CFR 551.531

Compensatory Time for Travel
DoD Instruction 1400.25, Volume 550, Incorporating Change 3, Effective August 7, 2018, “DoD Civilian Personnel Management System: Pay Administration (General)”

Authority
5 U.S.C. 5550b
5 CFR part 550, subpart N

Leave without Pay
OPM Fact Sheet: Leave without Pay
Furlough
OPM Furlough Guidance
DCPAS Contingency Planning Guidance

Title 38
The Office of Personnel Management (OPM), under the authority of sections 1104 and 5371 of title 5, U.S.C., authorizes the Department of Defense (DoD) to use certain personnel authorities for health care occupations under 38 U.S.C. chapter 74, subject to the requirements in the Delegation Agreement between OPM and DoD.

Title 38 - OPM Delegation Agreement

Title 38 - Special Rules for Nurses Pursuant to the Baylor Plan
DoD Instruction 1400.25, Volume 541, November 17, 2016, “DoD Civilian Personnel Management System: Pay Pursuant to Title 38 - Special Rules for Nurses Pursuant to the Baylor Plan”

Title 38 – On-call for Healthcare Personnel
DoD Instruction 1400.25, Volume 542, Incorporating Change 1, Effective May 8, 2015, “DoD Civilian Personnel Management System: On-call Pay for Healthcare Personnel”

Authority
38 U.S.C. 7457

Title 38 – Additional Pay for Certain Healthcare Professionals DoD Instruction 1400.25, Volume 540, August 1, 2018, “DoD Civilian Personnel Management System: Pay Pursuant to Title 38 – Additional Pay for Certain Healthcare Professionals”
Title 38 - Physicians and Dentists Pay Plan (PDPP)
DoD Instruction 1400.25, Volume 543, February 12, 2018, “DoD Civilian Personnel Management System: DoD Civilian Physicians and Dentists Pay Plan (PDPP)”
Authority
38 U.S.C. 7831(c)

Health Affairs (HA)/Medical Working Groups
DoD Instruction 1400.25, Volume 543, February 12, 2018, “DoD Civilian Personnel Management System: DoD Civilian Physicians and Dentists Pay Plan (PDPP)”

Authority
38 U.S.C. 7431(c), (e)(2)-(4), (f), and (h)
5 U.S.C. 1104, 5371
Classification

DCPAS Classification adjudicates first level classification and wage grade appeals, advisory decisions, and request for reconsideration of decisions rendered by regional offices. We determine the appropriate title, pay plan, occupational series or grade of the employee's official position. We establish the principle of providing equal pay for substantially equal work. We provide a definition of each grade in the General Schedule. The two common formats of classification standards are:
  • Narrative ⎯ Standards describe the nature of work and level of responsibility for each grade covered by the standard. This requires the user to look at work as a whole and select the most appropriate overall grade.
  • Factor Evaluation System (FES) Format — Standards describe covered work in terms of individual factors essential to determining the difficulty of assigned work. This requires the user to select the proper level for each factor to determine the overall grade.
Classification Appeals
DoD Instruction 1400.25, Volume 511, May 28, 2015, “DoD Civilian Personnel Management System: Classification Program”

Authority
5 U.S.C. 5921-5928
Other:Department of State Standardized Regulations

Joint Travel Regulations - Travel Entitlements
Authority
5 U.S.C. Chapter 57, subchapter I

General Services Administration Federal Travel Regulations
Authority
41 CFR 201, subpart F
DoD Joint Travel Regulations

Evacuations - JTR/DSSR (Emergency Situations)
Authority
5 U.S.C. 5522-5524
5 CFR part 550, subpart D

DoD Joint Travel Regulations
U.S. Civilian Board of Contract Appeals
Acquisition Demonstration Project
Authority
Federal Register Notice Vol 64, 1426, dated January 8, 1999.

Section 4308 of National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1996 (Public Law 104-106), as amended, by section 845 of NDAA for FY 1998 (P.L. 105-85), permits DOD with approval of OPM, to conduct a personnel demonstration project with its civilian acquisition workforce and those supporting personnel assigned to work directly with the acquisition workforce.

Science & Technology Reinvention Laboratory Personnel Demonstration Projects
DoD Instruction 1400.37, July 28, 2009, “Science and Technology Reinvention Laboratory (STRL) Personnel Demonstration Projects”

Authority
5 U.S.C. 5376, 4701; 4703-4705
5 CFR 534, subpart E & 5 CFR part 470
OPM links:
Salaries & Wages
Pay Administration
Leave Administration
Compensation Claims Decisions
Authority
31 U.S.C. 3702 5 CFR part 178, subpart A
Staffing policy links:

Cyber Excepted Service
The Cyber Excepted Service (CES) is a mission-focused, excepted service personnel system that aligns to both Title 10 and Title 5 provisions to support the human capital lifecycle for civilian employees engaged in or in support of a cyber-related mission. CES strengthens the Department’s ability to accomplish the mission in an ever-changing national security environment with greater flexibilities and options for recruiting and retaining high quality candidates.
DoD Instruction 1400.25, Volume 3001, “DoD Civilian Personnel Management System: Cyber Excepted Service (CES) Introduction, August 15, 2017.”
DoD Instruction 1400.25, Volume 3005, “DoD Civilian Personnel Management System: Cyber Excepted Service (CES) Employment and Placement, August 15, 2017.”
DoD Instruction 1400.25, Volume 3006, “DoD Civilian Personnel Management System: Cyber Excepted Service (CES) Compensation Administration, August 15, 2017.”
DoD Instruction 1400.25, Volume 3007, “DoD Civilian Personnel Management System: Cyber Excepted Service (CES) Occupational Structure, August 15, 2017.”

Authority
10 U.S.C. 1599f
More Information:
https://www.cpms.osd.mil/Subpage/CyberOneStop/CyberHome

Accelerated Training and Promotion
Authority
5 CFR 300.603(b)(6)
5 CFR 410.307(a)(2)

Pathways Program
Authority
Executive Order 13562
Management Fellows (PMF) Program
Authority
Executive Order 13562

Details Outside of DoD
DoD Instruction 1000.17, October 30, 2013, “Detail of DoD Personnel to Duty Outside the Department of Defense”
DoD Instruction 4000.19, April 25, 2013, Incorporating Change 1, November 30, 2017, “Support Agreement” (pertains to details of DoD employees from other Federal agencies)
DoD Instruction 1100.23, September 26, 2012, “Detail of Personnel to OSD”

Hiring and Other Flexibilities (Legislative)
Intergovernmental Personnel Act (IPA) Authority
5 CFR 334

Military Spouse Preference Program
DoD Instruction 1400.25, Volume 315, “DoD Civilian Personnel Management System: Employment of Spouses of Active Duty Military, March 19, 2012.”

Other Than Full-Time Employment
DoD Instruction 1400.25, Volume 340, Administratively reissued June 8, 2010, “DoD Civilian Personnel Management System: Other Than Full-Time Employment”

Reemployed Annuitants
DoD Instruction 1400.25, Volume 300, December 10, 2008, “DoD Civilian Personnel Management System: Employment of Federal Civilian Annuitants in the Department of Defense”.

Uniformed Services Employment and Reemployment Rights Act Information
DoD Instruction 1205.12, February 24, 2016, Incorporating Change 1, Effective May 20, 2016, “Civilian Employment and Reemployment Rights for Service Members, Former Service Members and Applicants of the Uniformed Services”

For additional USERRA information, see Employer Support at the Guard and Reserve website:https://www.esgr.mil/USERRA/USERRA-for-Service-Members

Authority
38 U.S.C. 4301-4335

Employment of Retired Members of the Armed Forces
DoD Instruction 1402.01, September 9, 2007, “Employment of Retired Members of the Armed Forces”

DoD Policy on Amendment to Section 3326 of Title 5 U.S.C. (180 Days Waiver)

Civilian Faculty Positions in Department of Defense (DoD) Post-Secondary Educational Institutions DoD Instruction 1402.06, 6 November 2007, “Civilian Faculty Positions in Department of Defense (DoD) Post-Secondary Educational Institutions”

Civilian Personnel Management Civilian Firefighters and Law Enforcement Officers
DoD Instruction 1400.25, Volume 336, Incorporating Change 1, December 1, 2017, “Civilian Personnel Management Civilian Firefighters and Law Enforcement Officers”

DoD Civilian Personnel Management System: Civilian Air Traffic Controllers (ATCs)
DoD Instruction 1400.25, Volume 331, January 26, 2015, “DoD Civilian Personnel Management System: Civilian Air Traffic Controllers (ATCs)”

Civilian Transition Programs
DoD Instruction 1400.25, Volume 1703, Administratively reissued April 6, 2009, “DoD Civilian Personnel Management System: Retraining and Outplacement Assistance”

Authority
5 CFR Part 330, Subpart G

Priority Placement Program
DoD Instruction 1400.25, Volume 1703, Administratively reissued April 6, 2009, “DoD Civilian Personnel Management System: Priority Placement Program (PPP)”

Priority Placement Program (PPP) Handbook
Displaced Employee Guide

Reemployment Priority List
The Reemployment Priority List (RPL) provides placement priority for current and former DOD career and career conditional, competitive service employees, who are separated by reduction in force (RIF) or have received a RIF separation notice or Certificate of Expected Separation (CES). RPL also provides placement for those who are separated (or who accept a lower graded position instead of separation) due to compensable injury or disability and who fully recover more than one year from the date compensation is payable as described in 5 CFR Parts 330 and 353.

DoD Instruction 1400.25, Volume 330, November 13, 2017, “DoD Civilian Personnel Management System: Reemployment Priority List”

PPP Policy changes for Nondisplaced Overseas Employees
Displaced Employee Guide

Recruitment Assistance
The major authorities that direct recruitment assistance efforts in outreach, applicant assistance, and reporting include:
5 U.S.C. 7201 and 5 CFR Part 720 Subpart B – Annual FEORP report to Congress
Title 5 of the Code of Federal Regulations, part 720, subpart C
38 United States Code, section 4214
Executive Order 13171, October 12, 2000, Hispanic Employment in the Federal Government
Executive Order 13515, October 14, 2009, Increasing Participation of Asian Americans and Pacific Islanders in Federal Programs
Executive Order 13518, November 9, 2009, Employment of Veterans in the Federal Government
Executive Order 13548, July 26, 2010, Increasing Federal Employment of Individuals with Disabilities
Executive Order 13562, December 27, 2010, Recruiting and Hiring Students and Recent Graduates
Executive Order 13583, August 18, 2011, Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce

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