Terms and conditions of employment

Terms and conditions of employment

The Locally Engaged Staff Terms and Conditions of Employment - USA 2023 are based primarily on Australian government, best practice employment conditions and US employment laws and apply to all DFAT-managed Australian diplomatic missions in the United States. 

Australian diplomatic missions in the US offer locally engaged staff (LES) an attractive remuneration package based on an eight-tier salary scale, generous leave entitlements and employer-based health and retirement benefits. 

A summary of key conditions of employment are below. Full provisions shall be provided to successful applicants of LES vacancies.

Non-US citizens working for an embassy or consulate-general in the United States who are US lawful permanent residents (green card holders), or ‘A’ or ‘G’ class visa holders who are applying to become lawful permanent residents, must execute CIS Form I-508 to waive diplomatic rights, privileges, exemptions and immunities, including an exemption from paying US income taxes, or risk losing their US permanent resident status.

Locally engaged benefits and compensation

Salary

Successful candidates for all locally engaged positions will commence at the base of the applicable salary scale for the level of the position. LES may move through the scale by way of increment progression based on the LES performance management system. Salary scales are reviewed annually and may be increased as a result of changes in the cost of labour.

Leave

Staff are entitled to 22 days recreation leave (accruable to a maximum of 33 days) and 18 days personal leave each year (prorated for part time employment). The Embassy observes 14 public holidays each year. Staff in some positions may accrue and use flex-leave.

Working hours

The standard working day is 7 hours and 30 minutes. For Security Guards in Washington the working day is 8 hours.

Health insurance

Health insurance is offered to staff employed for a continuous period of at least three months, who work a minimum of 30 hours per week. Medical plans are generously subsidised by the Embassy.

Tax

Taxation is a personal responsibility for all Locally Engaged Staff (LES) and individuals should confirm their taxation obligations before considering an offer of employment with the Embassy or Consulates-General.

For Australians considering employment at the embassy, ensure you assess your tax status with the Australian Taxation Office (ATO). Please note that the embassy is required to report to the ATO the earnings for those staff considered to be Australian residents for taxation purposes. It is also important to review information about the Australian-US tax treaty on double taxation.

If you have a taxation obligation to the Internal Revenue Service (IRS) in the United States it is important to read the US Tax Guide for Aliens.

Dependants of A-based with employment authorisation are required to file tax returns with the IRS in order to renew their employment authorisation cards. This includes returns for those applying treaty exemptions, those with nil earnings, and those employed outside of the embassy. This does not remove the obligation to file tax returns with the Australian Taxation Office.

Relocation

Please note that there is no relocation allowance, assistance including airfares or help with finding accommodation, childcare etc provided to a successful candidate of a locally engaged position. See Living in the greater Washington DC area for possible sources of information on accommodation, transportation and cost of living in Washington DC and its surrounds.

Work mode

All positions require in-office attendance at the Australian Diplomatic Mission at which employment is offered. Some positions may allow staff to work from home for a portion of the working week.
 

Eligibility for Employment - Visa and Citizenship Information

Please note the following important information in terms of who can work at a foreign mission in the US.

Eligible applicants must be:

• A United States citizen (18 years or older), or
• A United States lawful permanent resident (green card holder) (18 years or older), or
• Already in possession of an Employment Authorization Document (EAD) which allows the holder to work outside the sponsoring organisation (for example, a derivative EAD or green card in progress) or eligible to apply for one*, or

• Already in possession of an A2 visa or eligible to apply for one (20 years or older)**, or

  Note: Accompanying dependants of LES on A2 derivative visas are not eligible for work authorisation in the United States. If successful in obtaining full-time, long-term employment, dependents of LES must apply for their own A2 visa.

• Already in possession of a derivative visa and as a registered member (18 years or older) of a diplomat's household***.

*Employment authorisation documents can take 1 to 3 months to obtain or to extend and a valid EAD is required to remain in employment. If an EAD is not renewed before it expires, the employee will have to stop working until the new EAD is issued.

** A2 class visas have a maximum validity of five years and cannot be extended. All periods of employment on an A2 visa at any Embassy or Consulate within the United States for any foreign government is included in this period. To be eligible for a principal A2 visa, the employee must be 20 years or older. 

***Registered dependants 18 years or older on derivative A visas of posted diplomats may work at the Embassy or Consulate-General to which the diplomat is registered without an EAD.

Those employees with a pathway to US permanent residency are expected to take it up as soon as they become eligible. For example, if an employee on an A2 visa marries a US citizen or permanent resident, the employee is expected to apply for US permanent residency as a priority.