PERMISS

REEMPLOYMENT RIGHTS

Title 10, United States Code, Section 1586, authorizes a rotation program for the interchange of DoD civilian employees between posts of duty in the United States and posts of duty outside the United States. The Secretary of each military department may prescribe regulations to establish and operate programs that will grant to DoD employees the right to return to a position in the United States.

An employee of any agency who accepts, with the consent of that agency, a limited appointment in the Foreign Service is entitled to be reemployed, upon the expiration of that appointment, in his or her former position or in a corresponding or higher position in that agency. Upon reemployment, an employee shall be entitled to any within-grade increases in pay which the employee would have received if he or she had remained in the former position in the agency.

a. Eligible employees. In order to be eligible for Reemployment Rights, the employee must be:

  • A career or career-conditional employee in the competitive service in the United States or a non-foreign overseas area; and

  • Are offered assignment in a competitive or excepted service position outside the United States or its territories or possessions by a DoD activity.

Employees eligible to exercise reemployment rights are those who:


  • Satisfactory complete the overseas duty; and

  • Apply not later than 30 days following completion of such duty.


b. Ineligible employees.

(1) Ineligible employees are those who accept assignments with DA overseas after:


  • Submitting a resignation, which may not be withdrawn;

  • Receiving a notice of involuntary separation for any reason, including a general notice of reduction in force (RIF);

  • A public announcement of closing of the activity where employed;

  • Receipt of a functional transfer offer to which the employee has not replied within specified time limits;

  • Declining a functional transfer offer; or

  • Receipt of an unresolved written notice of proposed adverse action based on performance or conduct.

(2) Employees from non-DoD Federal agencies who accept DoD overseas employment. Return to the United States will be through the DoD Priority Placement Program (PPP), applicable DA Career Programs, or through the employee's own efforts.

(3) Employees who accept initial overseas employment with non-DoD Federal agencies or transfer to a public international organization.

(4) Employees who accept employment overseas while on leave.

(5) Employees who are serving a probationary period following initial appointment to the competitive service.

(6) Employees who occupy intern positions immediately prior to overseas assignment and those who are initially appointed in CONUS for overseas assignment as an intern.

NOTE: Employees recruited from non-intern positions to intern assignments overseas will have statutory reemployment rights to their former position and grade in the United States.

c. Forfeiture of rights. Employees with an initial grant of statutory reemployment rights forfeit these rights:

(1) Upon return placement in any position in the United States.

(2) After submitting a notification for resignation or retirement when:

  • The overseas activity does not agree to the employee's written request to withdraw the requested action prior to the effective date; or

  • The employee has completed PCS or separation travel.

(3) After accepting employment outside DoD or transferring to a public international organization while serving overseas with reemployment rights.

(4) After a PCS move to the United States for long-term training and being dropped from the overseas activity's rolls.

(5) When their tours are extended beyond 5 years (3 years in Hawaii), and they do not obtain an extension of reemployment rights from their former U.S. employers. Return placement is through the DoD PPP, appropriate DA career program or through employee's own efforts.

(6) When they do not apply to exercise reemployment rights within the time limits. Return will be through the PPP, appropriate career program or through employee's own efforts.

(7) If they are DA employees in Hawaii and Alaska and leave DA employment.

In order to view additional information pertaining to Reemployment Rights, click here: Ar690-300/chapter352/chapter352.html - Reemployment Rights.


Content last reviewed: 6/8/2006-ALM

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This page was last revised: 6/8/2006