Agreements to Continue in Service

Title 5, U. S Code (USC), Section 4108 requires each employee to sign an agreement with the Government before assignment to training that exceeds his/her agency's prescribed minimum period. The employee will agree to (1) continue in the service of his agency at least three times the length of the training period, commencing upon completion of the training, and (2) pay back expenses if he/she voluntarily separates from his agency prior to completion of the service obligation period.

Department of the Army policy requires civilian employees selected for non-Government training in excess of 80 hours, and, Government or non-Government long-term training and education programs in excess of 120 calendar days, to complete a continued service agreement before assignment to the training. The period of service will equal at least three times the length of the training, to begin upon the employee's return to duty following training completion. Approving officials will retain a copy of each signed agreement (see Section E, DD Form 1556) and monitor execution of the obligation period.

Failure to Fulfill Agreements

Commanders at all levels are charged to protect the Government's interests should an employee fail to successfully fulfill his/her signed training agreement by not completing the continued service obligation period Title 5, Code of Federal Regulations (CFR), Section 410.309(c). The commander, or a designated official, will review the status and circumstances of each unexpired agreement to decide whether to transfer, waive or require repayment of expenses incurred other than salary costs. In addition to the destination of the employee (see below), the determination should consider intangible criteria such as equity, good conscience, and the public interest.

  1. Employee Transfers within Army or DoD. The remainder of the service obligation transfers to the gaining DA activity or DoD Component. The gaining commander will monitor the agreement.
  2. Employee Leaves DoD. The employee's MACOM commander or designee will decide whether to waive or require reimbursement of the additional training expenses when the employee transfers to another Federal agency, resigns, retires or is terminated from Federal service.
  3. Recovery of Funds. When a commander requires reimbursement from an employee for failure to complete a continued service agreement, the repayment amount will be based on the additional expenses or direct costs of the training (e.g., registration fees, tuition and matriculation fees, library and laboratory fees, purchase or rental of books, materials, supplies, travel, per diem, and miscellaneous other related training program costs). Repayment calculations will not include salary costs, and will normally prorate the percentage of the remaining service obligation period.

See references below for applicable policy currently in effect.

Content last reviewed: 3/20/2007-DLS