Employee Development and Training Flexibilities
INTRODUCTION Federal law and regulations provide many ways to support
employees’ training and development. Agencies are encouraged
to use these flexibilities to meet agency needs and to support
employee self-development and learning. There are examples of
flexibilities in current Federal training law and regulations,
including providing academic degree training. The following
information addresses these flexibilities:
• Establishment of training programs
• Training and education related to an employee’s official duties
• Individual learning accounts.
FEDERAL On October 4, 2004, the President signed legislation to enact the
WORKFORCE Federal Workforce Flexibility Act of 2004. On November 2, 2004,
FLEXIBILITY ACT OF OPM released a memorandum about this Act (http://www.opm.
2004 gov/oca/compmemo/2004/2004-22.asp). The Act provides even
greater emphasis on employee development and training to
promote strategic alignment with agencies’ missions. This part of
the Act is effective immediately; OPM and Federal agencies will
be working together to align training programs with agency
strategic goals and performance objectives. Federal agencies, in
consultation with OPM, will also develop comprehensive
management succession programs.
ESTABLISHMENT OF To assist in achieving an agency’s mission and performance goals
TRAINING PROGRAMS by improving employee and organizational performance, the law
prescribes that “the head of each agency, in conformity with this
chapter, shall establish, operate, maintain, and evaluate a
program or programs, and a plan or plans thereunder, for the
training of employees in or under the agency by, in and through
Government facilities and non-Government facilities.” (5 U.S.C.
4103(a))
Examples of these programs include:
• Tuition assistance programs
• Targeted career training
• Professional development.
September 2005 1
Employee Development and Training Flexibilities (continued)
Tuition Assistance Agencies may offer employees assistance to attend academic
Programs courses that are job related.
Targeted Career In the case of the Career Intern Program, a centralized effort is
Training used to provide effective and consistent training. This training
often combines formal coursework with rotations and is based on
defined competencies. Such program designs provide
professional, technical, and leadership training.
Professional Agencies may establish professional development programs
Development/ designed to provide technical and general knowledge and
Leadership experience to career employees. Agencies may also establish
Development leadership development programs to ensure leaders continue to
develop and “grow” the knowledge and skill necessary to
effectively lead the organization. Such programs usually include
well-rounded orientation consisting of formal coursework and on-
the-job training assignments throughout the agency.
TRAINING AND There are several options for training and education related to an
EDUCATION RELATED employee’s official duties. These include:
TO AN EMPLOYEE’S
OFFICIAL DUTIES • Paying costs of training and education from program funds
• Paying costs of training and education in advance
• Reimbursing employees for training and education costs
• Sharing the costs of training and education with employees
• Paying costs of qualifying exams (when part of training)
• Paying for academic degrees
• Allowing employees to accept training or reimbursement of
training expenses from a non-profit organization
• Training and education-related travel expenses
• Training and education unrelated to an employee’s official
duties: adjusting employees’ work schedules for educational
purposes
• Paying expenses to attend meetings from appropriated funds
• Allowing employees to accept reimbursement of meeting
expenses from a non-profit organization
• Paying for memberships in professional organizations
• Continued service agreements to protect the Government’s
interest.
September 2005 2
Employee Development and Training Flexibilities (continued)
Paying Costs of Agencies may pay training and education expenses from
Training and appropriated funds or other available funds. Program funds may
Education from be used to pay for training needed to support program functions.
Program Funds (5 U.S.C. 4112)
For example, the agency procurement officer may use program
funds to pay for Government-provided training of the agency
acquisition workforce. Or, an agency program manager may use
his/her program funds to pay for non-Government provided
technical training for General Schedule or Federal Wage System
employees.
Paying Costs of Agencies may pay a vendor the costs of training and education in
Training and advance. They may also advance an employee all or part of the
Education in costs of approved training and education. Expenses of training
Advance include the cost of tuition; purchase or rental of books, materials,
and supplies; library and laboratory fees; and travel, per diem,
and relocation expenses. (5 U.S.C. 4109(a)(2))
For example, if a facility requires payment of tuition prior to
admitting a student to a course, the agency may pay the tuition
when an employee enrolls. Or, an agency may pay all or part of
the tuition directly to the facility. To encourage employees to
pursue education, an agency may establish a tuition assistance
program and advance employees some or all of the cost of
college tuition.
Reimbursing An agency may reimburse employees for all or part of the costs
Employees for of training or education. Expenses of training include the cost of
Training and tuition; purchase or rental of books, materials, and supplies;
Education Costs library and laboratory fees; and travel, per diem, and relocation
expenses. (5 U.S.C. 4109(a)(2))
For example, to encourage employees to pursue education, an
agency may establish a tuition reimbursement program and
reimburse employees for some or all of the cost of tuition for
successfully completed courses. Some tuition reimbursement
programs tie reimbursements to the grade employees earn in the
course. An “A” might receive 100 percent reimbursement; a “B,”
75 percent; and a “C,” 50 percent.
September 2005 3
Employee Development and Training Flexibilities (continued)
Reimbursing In the absence of an agency tuition reimbursement program, a
Employees for manager may use an agency training form to approve training
Training and and specify what expenses the agency will pay. The employee
Education Costs pays for the training and submits claims for reimbursement when
(continued)
the training is completed.
Sharing the Costs of Agencies may share training and education costs with employees.
Training and This authority allows agencies to support training and education
Education with that benefits both the agency and the employee. (5 U.S.C.
Employees 4109(a)(2))
For example, if both agree, an agency may pay some of the costs
of training, while the employee pays the balance. Again, if both
agree, an agency may pay all or partial costs, while the employee
attends training during his/her own time.
Training on Duty or
Paying Training Costs Non-Duty Hours
Agency pays training costs Employee attends during duty
hours
Agency pays training costs Employee attends during non-
duty hours
Agency pays some training Employee attends during duty
costs; employee pays the hours
balance
Agency pays some training Employee attends during non-
costs; employee pays the duty hours
balance
Employee pays all training Employee attends during duty
costs; agency reimburses part hours
or all of costs when course
successfully completed
Employee pays all training Employee attends during non-
costs; agency reimburses part duty hours
or all of costs when course
successfully completed
Employee pays all training Employee attends during duty
costs hours
September 2005 4
Employee Development and Training Flexibilities (continued)
Paying Costs of An agency may not use appropriated funds to pay for college
Qualifying Exams entrance examinations and professional examinations, such as
(When Part of bar exams or CPA exams. In some cases, the cost of an
Training) examination is inextricably mixed with that of a training program.
In this instance an agency may pay for the training program if it
is related to an employee’s official duties and meets an identified
training need.
For example, an agency employee development specialist takes a
class on the Myers-Briggs Personality Type Indicator, which
concludes with an examination. If the specialist successfully
completes the examination, the specialist is awarded a
professional credential that allows him/her to administer and
interpret the personality test. The credential is an incidental by-
product of the training.
An agency may pay for a refresher course, such as refresher
training in professional engineering for an engineer or in law for
an attorney. Although the training may prepare the employee for
a professional examination, the training itself is justified because
it will improve the employee’s performance of his/her official
duties.
Paying for The Chief Human Capital Officers Act of 2002 provides expanded
Academic Degrees authority to agencies to pay or reimburse employees for the cost
of academic degree training when it:
• Contributes significantly to meeting an identified agency
training need;
• Resolves an identified agency staffing problem; or
• Accomplishes goals in the agency strategic human capital
plan.
OPM’s implementing regulations provide additional flexibility to
agencies in regard to how they address continued service
requirements following training. The requirements for using this
flexibility include making it part of a planned, systematic, and
coordinated agency development program linked to
accomplishing the agency’s strategic goals and obtaining training
from a college or university accredited by a nationally recognized
body. Employees must be competitively selected for academic
degree programs. (5 U.S.C. 4107, 5 CFR 410)
September 2005 5
Employee Development and Training Flexibilities (continued)
Allowing Employees A special provision of training law allows agencies to establish
To Accept Training procedures where by employees may accept reimbursement or
or Reimbursement waiver of tuition fees from non-profit organizations. Accepting
of Training free tuition or reimbursement of training expenses must not
Expenses from a
compromise the integrity of the employee or represent a
Non-Profit
payment for services rendered to the non-profit organization
Organization
prior to the training. Prior approval from a designated high-level
agency official is required, often following a consultation with, or
review by, the designated agency ethics official. (5 U.S.C. 4111)
For example, a non-profit training organization invites the agency
training officer to attend an upcoming train-the-trainer class free
of charge. With prior approval, under established agency
procedures, the employee may accept the invitation and
participate in the course.
Training- and Travel, per diem, and transportation are training expenses
Education-Related governed by 5 U.S.C. 4109(a)(2)(A) and (B).
Travel Expenses
The provisions in law that pertain to paying all or some of the
costs of tuition and other training expenses apply to paying travel
expenses. This means the agency decides which travel expenses
it will pay for employees assigned to training. Examples include:
• An agency may pay the costs of training related travel and
per diem from program funds. (5 U.S.C. 4112)
• An agency may pay the costs of travel to a carrier in advance
or advance an employee some or all of the cost of travel. (5
U.S.C. 4109(a)(2))
• An agency may reimburse an employee for training-related
travel expenses. (5 U.S.C. 4109(a)(2))
• An agency may share the costs of travel with an employee.
(5 U.S.C. 4109(a)(2))
• An agency may pay a reduced per diem rate to an employee
in training status.
• An agency, at its discretion, may pay limited relocation
expenses for an employee assigned to training for lengthy
periods of time.
September 2005 6
Employee Development and Training Flexibilities (continued)
Training and Paying Training-Related Training During Duty or
Education-Related Travel Expenses Non-Duty Hours
Travel Expenses Agency pays all travel costs Employee attends during duty
(continued) hours
Agency pays all travel costs Employee attends during non-
duty hours
Agency pays some travel costs; Employee attends during duty
employee pays the balance hours
Agency pays some travel costs; Employee attends during non-
employee pays the balance duty hours
Employee pays all travel costs; Employee attends during duty
agency reimburses part or all of hours
costs when course successfully
completed
Employee pays all travel costs; Employee attends during non-
agency reimburses part or all of duty hours
costs when course successfully
completed
Employee pays all travel costs Employee attends during duty
hours
Training and Agencies may adjust an employee’s normal work schedule for
Education educational purposes. This authority allows the employee to take
Unrelated to an courses not related to his/her official duties. A special tour of
Employee’s Official duty is permissible if the following conditions are all met:
Duties: Adjusting
Employees’ Work
• It will not appreciably interfere with work accomplishment.
Schedules for
Educational • The agency incurs no additional personnel services costs.
Purposes
• Course completion will equip the employee to effectively work
in the agency.
• The employee receives no premium pay while on the special
tour of duty, even though premium pay would be otherwise
payable. (5 CFR 610.122)
For example, the work schedule of an administrative employee in
a scientific agency, who is pursuing a degree in chemistry, may
be adjusted to accommodate the employee’s academic schedule
if the conditions above are met.
September 2005 7
Employee Development and Training Flexibilities (continued)
Paying Expenses To Professional meetings and conferences are valuable sources of
Attend Meetings information about innovative practices and current trends in
from Appropriated various fields. Training law provides an exception to the
Funds prohibition in 5 U.S.C. 5946(1) on using appropriated funds to
pay employee expenses for attending professional meetings.
5 U.S.C. 4110 allows an agency to use funds appropriated for
travel expense to pay for employees’ expenses to attend
meetings, if the meetings concern functions or activities for which
the appropriation is made, or the meeting will contribute to
improved conduct, supervision, or management of the functions
or activities. (5 U.S.C. 4110)
For example, if one of the two conditions above is met, an
agency may pay the registration and travel expenses for a public
relations specialist to attend the Professional Communicators of
America meeting or for an agency ethics officer to attend the
Annual Ethics Conference. Paying employees’ expenses to attend
meetings of organizations representing Federal employees is also
permitted if the meeting is for developmental purposes or the
agency will derive some benefit from the employee’s attendance.
(5 CFR 251.202 (a)(2))
Allowing Employees A special provision of training law allows agencies to establish
To Accept procedures under which employees may accept payment or
Reimbursement of reimbursement of travel, subsistence from a non-profit
Meeting Expenses organization, and other expense incidental to attending meetings.
from a Non-Profit
Accepting meeting expenses must not compromise the integrity
Organization
of the employee or represent a payment of services rendered to
the non-profit organization prior to the meeting. Prior approval
from a designated high-level official is required, often following a
consultation with, or review by, the designated agency ethics
official. (5 U.S.C. 4111)
Paying for 5 U.S.C. 5946(1) prohibits the use of appropriated funds to pay
Memberships in for individual employee memberships in professional associations
Professional and societies. However, there are several ways for an agency to
Organizations obtain the professional, scientific, and technological information
those associations provide their members.
September 2005 8
Employee Development and Training Flexibilities (continued)
Paying for For example, association membership is often included in
Memberships in registration fees for a conference or meeting. If the agency pays
Professional the registration fees, the employee’s membership in the
Organizations association is an incidental by-product of meeting attendance. In
(continued)
addition, agencies may purchase an organizational membership
in the association or society. They may also purchase a
membership for a specific agency position, such as the position of
Medical Director. The incumbent in that position uses the
membership to improve the conduct, supervision, or
management of his/her function.
Continued Service A continued service agreement is an agreement an employee
Agreements To makes to continue to work for the Government for a pre-
Protect the established length of time in exchange for Government-
Government’s sponsored training or education. The service obligation begins
Interest
when the training is completed. If the employee voluntarily
leaves Government service before completing the service
obligation, he or she must repay the Government all or some of
the costs of the training (excluding salary).
Agencies may require service agreements for training of long
duration or of high cost. 5 CFR 410.101, 410.309, and 410.310
provide a formula for determining service agreement
requirements for academic degree training.
INDIVIDUAL An Individual Learning Account (ILA) is a 21st century learning
LEARNING ACCOUNTS tool that provides a flexible and innovative approach to
developing Federal employees. An ILA is a base amount of
resources expressed in terms of dollars or hours, or both, set
aside for an individual employee to use for his or her learning
and development. Accounts may be used to develop knowledge,
skills, and abilities directly related to the employee's official
duties. ILAs are not limited to programs delivered by learning
technology.
Use of the Individual Learning Account (ILA) is a strategy that
can complement current agency development, recruitment, and
retention activities in some very positive ways. The objectives of
agency ILAs are many. Sample objectives include such issues as:
September 2005 9
Employee Development and Training Flexibilities (continued)
INDIVIDUAL • Improving organizational performance
LEARNING ACCOUNTS • Meeting specific agency performance goals
(CONTINUED) • Increasing employee access to and use of emerging learning
technology
• Supporting employee efforts to acquire skills and learning
needed to succeed in specific occupations and professions
• Providing employees with flexible learning opportunities, and
putting the responsibility for learning in the hands of the
learner.
The use of ILAs is a way of improving overall Federal employee
performance, increasing productivity, and improving customer
service skills. It is also an opportunity to give Federal employees
an additional chance to develop themselves. These issues are
important in order to remain competitive in the global job market
and to attract the very best candidates for Federal positions.
For OPM guidance on implementing Individual Learning Account
pilot projects and descriptions of pilot projects conducted to date,
visit:
http://www.opm.gov/hrd/lead/ila/accounts.asp
September 2005 10
