PERMISS

Overseas Return Rights

Employees who accept overseas tours are generally assigned to 2 - or 3 - year tours. However, an employee may remain overseas beyond the initial tour, at the request of the overseas manager, for up to 5 years and still retain statutory return rights to the stateside position he/she held prior to the overseas assignment, provided return rights were granted to the employee. In cases where an employee moves from a non-Department of Defense (DoD) stateside position to an Army position in the overseas area, the non-DoD agency has discretion whether or not to grant return rights to the employee. It is incumbent upon the employee to ensure that the issue of his/her return rights to a non-DoD stateside activity is resolved before transferring to the overseas Army position. The manager stateside may extend an employee’s return rights beyond 5 years. However, the manager does not have to maintain the position obligation beyond the five year date.

Normally, a position obligated to an overseas returnee with statutory return rights is filled on a permanent basis. The employee selected to fill the obligated position must agree, in writing, that occupancy of the obligated position is subject to the return of the employee on an overseas assignment.

When the stateside Civilian Personnel Advisory Center (CPAC) receives notification from the overseas CPAC that the employee will be exercising return rights, the incumbent of the obligated position must vacate the position. If there is no vacancy for assignment, then reduction in force (RIF) procedures are used to determine the job placement entitlements of the incumbent of the obligated position. The employee exercising return rights is not included in the RIF. However, if during the absence of the overseas employee, the obligated position was cancelled or restructured, the overseas employee on return to the installation may be required to compete in RIF to determine his/her job placement entitlements.

The local Civilian Personnel Advisory Center coordinates all actions taken with the immediate supervisor when an employee exercises his/her return rights, requests an extension, or agrees to an additional overseas tour.

Content last reviewed: 9/4/2013-HLJ

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This page was last revised: 9/4/2013