SCRA Protections for Foreign Service: What You Should Know

Did you know that select protections provided by the Servicemembers Civil Relief Act (SCRA) extend to people working in foreign service? More people are aware that active duty service members are granted service protections, but interestingly, this privilege has been extended to other people serving the country.

But who are foreign service officers, and to which SCRA protections are they entitled? We’ll answer these questions and more.

Who are Foreign Service Officers?

Foreign service officers or workers are not people rendering military service. These professionals are State Department employees. Basically, these people practice diplomacy to promote the country’s interests, solve global issues, strengthen alliances, counter adversaries, find opportunities, and promote peace. These also include those working in public health service officially for the country.

Foreign service workers are very diverse. Some work in diplomacy, economics, consular affairs, and politics, specializing in niche fields for the country’s best interests. Like service members, these professionals may be temporarily sent to other countries on short notice. That’s why former president Joe Biden signed the National Defense Authorization Act, giving them some legal protection.

Do Foreign Service Workers Get SCRA Protections?

Yes, they are granted select SCRA protections. Their line of work might be materially affected by legal obligations, and this federal law makes it easier for them to concentrate on their jobs.

The National Defense Authorization Act specifies which particular rights they’re given. It should be highlighted that foreign service workers aren’t entitled to all the privileges granted to those rendering active duty military service. This is why foreign service members need to be mindful of which protections they’re entitled to.

Servicemembers Civil Relief Act Protections for Foreign Service Workers

Because of their valuable service to the nation, the SCRA permits foreign service workers three particular SCRA rights. These include the ability to terminate residential contracts without penalties and cancel vehicle leases and telephone service contracts.

Lease Termination Rights

Like active duty service members, foreign service workers are often deployed to other countries to serve the nation. The SCRA permits them to end their lease contracts early without facing penalties. This is provided that the foreign service worker signed the contract before they were sent out to fulfill their duty abroad or if they’re to be deployed to another country for at least 90 days.

Family members can break the lease on the foreign service worker’s behalf if they were deployed on short notice. However, the worker must provide that person legal permission to perform on their behalf.

Motor Vehicle Lease Termination

The SCRA permits foreign service workers to end vehicle leases. Like service members, they must proactively request to have their SCRA rights honored by the leasing company. This should be done with a written notice.

The vehicle must be returned to the leasing company two weeks or 15 days upon receipt of the SCRA request. However, the amount due before the request was rendered should be fully paid. These fees include any damages to the vehicle, registration fees, and taxes. The service member might also be entitled to a refund 30 days upon terminating the lease.

Telephone Service Contract Termination

The SCRA stipulates that eligible individuals may have their telephone or mobile phone service contracts terminated without penalties. Like military service personnel, foreign service workers won’t need their phone service while stationed overseas. This protection helps them avoid extra costs from performing their duties for the country.

Because the SCRA is a federal law, it applies to all foreign service workers, regardless of where they were based before entering active duty service. Entities, including individuals and businesses, that violate SCRA rights risk getting hefty penalties. While these fees may be trivial for giant conglomerates, they may affect small businesses tremendously.

How to Apply for SCRA Protections as a Foreign Service Worker

Like active duty service members, foreign service workers seeking SCRA protections must proactively request that their rights be honored. There is no single form that grants eligible individuals SCRA protection.

1. Gather necessary documents.

Individuals requesting SCRA protections should provide evidence they’re eligible for these privileges. This proof can be in official orders or a letter from their superiors that the business or individual can verify. This should be written for the evidence to be legally binding. Verbal claims do not suffice because the affected entity can confirm one’s eligibility.

2. Provide a written notice to the business or landlord.

Once the foreign service worker has their requirements ready, they must submit a written request to the affected entity. This letter should cite Section 6207 of the Nation​​al Defense Authorization Law, which grants foreign service workers select SCRA protections. It should also explain the SCRA and the protection they’re applying for.

Explaining the legal basis for protections is vital even for active duty service members. This is because not everyone is aware of SCRA rights and the protections that extend to people rendering foreign service. Citing the law would help others to fact-check one’s legitimacy.

Because these individuals are often deployed on short notice, the request can be coursed through another person with legal authority to act on their behalf. As long as their requirements are complete, there wouldn’t be any issues.

3. Repeat the process for every affected entity. 

As mentioned, the Servicemembers Civil Relief Act mandates eligible individuals to make requests to each affected entity. While this may be a taxing process, the long-term savings might compensate for the effort exerted to reinforce their rights.

Once they have the requirements, it would be ideal to have them copied to make the request process easier. This would simplify the process and make it easier for all parties involved.

Conclusion

Foreign service workers are responsible for proactively requesting SCRA protections, but the business or landlord is responsible for confirming their eligibility. At the end of the day, the effort will be worth it given the savings made.

Fortunately, companies can use services like SCRACVS to verify if someone is on active duty service. Click here to sign up at SCRAVS and verify active duty status.

FAQs

Are military personnel foreign service workers?

No, they don’t count as foreign service workers. These people are State Department employees who practice diplomacy to promote the country’s interests.

Who counts as a foreign service worker?

Foreign service workers are very diverse. Some work in diplomacy, economics, consular affairs, and politics, specializing in niche fields for the country’s best interests. These professionals are deployed to other countries to serve the country’s needs.

Do foreign service workers get all types of SCRA protections?

No, foreign service workers are granted select SCRA rights only. In particular, they can break residential leases, vehicle leases, and telephone contracts early without penalties. They aren’t exempted from civil action cases and default judgment. That’s why foreign service workers applying for SCRA rights must be mindful of which ones they’re qualified for.

Are SCRA protections automatically given?

No, everyone covered by the SCRA must proactively request select SCRA rights. No single form permits them to have their rights automatically reinforced. For now, most SCRA rights are only honored when the eligible individual asks them to be invoked.

Can businesses verify if someone is a member of the Foreign Service covered under these protections?

It can be possible to verify one’s identity through the office the worker claims to be from. However, that business must ask the applicant’s consent before determining their eligibility. This precaution helps them avoid violating privacy rights.

How long do SCRA protections last for Foreign Service members after their service ends?

SCRA rights for foreign service members apply as long as they remain on active duty. They cannot invoke SCRA rights once they return to the country. Like active duty service members, they’re limited to the period they’re serving the nation.