§4416 Staff of Institute

Summary

The Institute is mostly outside the normal federal civil service rules. The Institute’s President, with the Board’s approval, hires staff, sets pay and benefits (including health and retirement), and assigns duties. Pay should match General Schedule (GS) rates for similar jobs, and the Board can set pay ranges like other colleges if needed to hire or keep people. Within 180 days after the President is named, the President must create rules on creating positions, pay and benefits, who gets paid, working conditions, firing, the leave system, and other needed matters. The rules must give quick, fair ways to handle complaints and must give notice and a chance for a hearing before someone is fired. Any employee can appeal a non‑rehire or firing to the Board, and the Board can reverse the President’s decision in writing. If someone stays a civil service employee when functions move, their grade or pay cannot be cut for at least one year. People who choose to be covered by these Institute rules, or who move to the Institute from another federal job without a break, keep their existing annual and sick leave. When someone leaves the Institute, unused annual leave is paid under sections 5551(a) and 6306 of title 5, except for leave earned under the Institute’s own rules. If someone moves back into another federal leave system without a break, their Institute leave moves with them under Office of Personnel Management rules. The rules apply to hires after October 17, 1986, and usually do not change employment or pay for people hired before that date, except for rules about transfers and the change in status below. Contracted workers and employees of contractors are not covered. On June 30, 1989, civil service positions at the Institute end; employees then may choose to be covered by these Institute rules or keep certain federal retirement plans (subchapter III of chapter 83 or chapter 84 of title 5). If they keep those plans, the Institute must treat them as federal employees and make the required contributions. The Institute is treated as an agency for chapter 71 (collective bargaining), and employees get work‑injury benefits under chapter 81 of title 5.