Status of Employee
An employee of a non-Federal organization must be employed by that organization for at least
90 days in a career position before entering into an Intergovernmental Personnel Act agreement. This individual may be
given a temporary appointment or be assigned by detail to a Federal agency. It is the Federal agency's responsibility to
inform the employee of the applicable Federal employee laws. Federal conflict-of-interest laws and the Federal tort claims
statutes also apply.
A non-Federal employee who is assigned to a Federal position,
either by detail or appointment, may exercise supervision over
Federal employees.
Agencies should not offer permanent appointments to
non-Federal employees assigned to them. The Intergovernmental
Personnel Act mobility program is not to be used as a mechanism
to facilitate career changes.
Non-Federal employees on assignment to a Federal agency by
appointment are Federal employees for the duration of that
appointment and have all the rights, benefits, and privileges
associated with that appointment. This includes eligibility for
awards given under the authority of 5 USC chapter 45.
Non-Federal employees on assignment to a Federal agency by
detail can receive recognition through letters of appreciation or
commendation but are not eligible for awards granted under the
incentive awards programs governed by 5 USC chapter 45. A Quality
Step Increase (QSI) cannot be approved for non-Federal employees.
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Status of a Non-federal Employee on Detail
Non-Federal employees on detail to Federal agencies
remain employees of their permanent organizations for most
purposes. Detailees are not eligible to enroll in Federal health
benefits programs, group life insurance, or the Civil Service
Retirement System (CSRS). An employee assigned by detail
to a Federal agency may be assigned to an established, classified
position in the Federal agency, or may be given a set of ad hoc,
unclassified duties, relevant only to the specific assignment
project.
An employee assigned by detail to a classified position
in a Federal agency is entitled to earn the basic rate of pay,
including any locality payment, which the duties of the
assignment position would warrant under the applicable
classification and pay provisions of the Federal agency. If the
assignee's non-Federal salary is less than the minimum rate of
pay for the Federal position, the agency must supplement the
salary to make up the difference. Supplemental pay may vary
because of changes in the rate of pay of the Federal position. It
cannot be paid in advance or in a lump sum and is not conditional
on the completion of the full period of the assignment.
Supplemental pay may be paid directly to the employee or
reimbursed to the non-Federal organization.
If the assignee is detailed to a set of unclassified duties,
the assignee continues to be paid directly by the non-Federal
organization at a rate of pay based on the assignee's non-Federal
job. The Federal agency may agree to reimburse the non-Federal
organization for all, some, or none of the costs of the
assignment.
Detailees will usually have the same workweek and hours of
duty as Federal employees in the agency to which they are
assigned. However, if the workweek of the permanent employer is,
by law or local ordinance, shorter than the Federal workweek, the
employee's workweek should be adjusted as needed. Detailees are
eligible to participate in alternative work schedule arrangements
of the Federal agency to which they are assigned.
Detailees are covered under their permanent employer's leave
system. The assignment agreement will specify how the permanent
employer will be notified of leave taken and how the use of leave
will be approved. The agreement will also spell out what holidays
will be observed by the assignee.
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Status of a Non-federal Employee Receiving a Federal Appointment
By statute, a non-Federal employee may be given an excepted
appointment for two years without regard to the provisions
governing appointment in the competitive service. This
appointment may be extended for not more than an additional two
years. Agencies should establish qualification requirements for
assignment positions in accordance with 5 CFR part 302, which
governs employment in the excepted service.
The Intergovernmental Personnel Act noncompetitive appointment
authority provisions of 5 USC section 3174 apply only to
positions in the competitive service. In order to appoint a
non-Federal Intergovernmental Personnel Act assignee to an SES
position, an agency must first obtain an SES limited term
appointment authority from the Office of Personnel Management.
However, only SES General positions may be filled by limited
appointment, i.e., a non-Federal employee cannot be given a
limited term appointment to an SES Career Reserved position.
Requests for allocation of an SES limited term appointment
authority for non-Federal Intergovernmental Personnel Act
assignees should be directed to the Assistant Director, Office of
Executive Resources, Room 6484, Office of Personnel Management,
1900 E Street NW, Washington, DC 20415-0001.
Normally, a non-Federal employee is appointed at the minimum
rate of the grade. However, if an agency wants to pay an advanced
step rate for a position at GS-11 through GS-15 based upon
superior qualifications of the applicant, it may do so.
Intergovernmental Personnel Act assignees appointed for more
than one year are eligible for within-grade increases. They are
entitled to cost-of-living allowances and other pay
differentials, and are allowed to accumulate and use leave to the
same extent as other Federal employees. However, employees
appointed to successive temporary appointments of one year or
less may not earn a within-grade increase, even if the time under
the successive temporary appointments exceeds one year.
A non-Federal employee is not eligible to enroll in the
Federal Employees Health Benefits program unless his or her
Federal appointment results in the loss of coverage under the
non-Federal health benefits system. In such a case, the appointee
may enroll in the Federal Employees Health Benefits Program.
Non-Federal employees given appointments are not covered by
any retirement system for Federal employees or by the Federal
Employees Group Life Insurance Program
Questions or comments regarding this program my be submitted
by calling (202) 606-2820, or email ipa@opm.gov
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