10 Staff members’ entitlements are determined under the Staff Regulations and Staff Rules of WHO based on their personal status.
20 WHO's policy for determining the personal status of staff members is guided by the following principles:
- employment opportunities must be offered equally;
- entitlements should be determined in a fair and equitable manner;
- diversity promotes greater understanding, awareness and innovation; and
- productivity depends on the well-being of staff members and their families.
30 This policy applies to all staff members.
40 The personal status of a staff member will be determined by reference to the law of the country under which the personal status was established. Therefore, if a marriage or domestic partnership is legally recognized under the law of the country in which the personal status was established, WHO will recognize it for purposes of establishing entitlements under the Staff Rules.
50 Upon joining the Organization, or at any point when there may have been a change, a staff member's personal status for purposes of establishing WHO entitlements will be determined by reference to the law of the country in which the personal status was established. The staff member will be required to submit to the HR Administrator, Global Human Resources (GHR) documentation issued by the competent authorities attesting to the personal status claimed. If confirmation of legal recognition under national law is required, GHR will refer such a request and supporting documentation to Unit Head, HR Policy Coordination & Internal Justice (HPJ). Unit Head HPJ1 may request the Permanent Mission to the United Nations in Geneva, New York, or other competent authorities of the country in which the personal status was established to advise whether the personal status claimed by the staff member is legally recognized under the law of that country and to verify whether the documentation provided would be sufficient to establish such status.
60 Should a determination be made that the staff member has contracted a marriage or a domestic partnership valid under the law of the country in which the personal status was established, the staff member's partner be it by marriage or domestic partnership, will be considered to have the status of his/her spouse for all administrative purposes. Reference should be made to paragraphs 300-310 for social security benefits resulting from personal status determination.
70 [Deleted – text incorporated into paragraph 50].
80 Once it is determined that a staff member has contracted a valid marriage or a domestic partnership legally recognized under the law of the country in which the personal status was established, the staff member's partner, be it by valid marriage or legally recognized domestic partnership, will be considered to have the status of their spouse for purposes of entitlements under WHO Staff Rules and related provisions. In the case of a valid marriage or legally recognized domestic partnership, the effective date will be either the date of the marriage or the domestic partnership or the date of the staff member's entry into the Organization, whichever is the latest. The policy to recognize the personal status of a staff member on the basis of the law of the country in which the personal status is established, is effective from 1 April 2015 and will not be applied retroactively.
Where there is more than one spouse
90 For the purpose of dependency benefits, WHO recognizes only one spouse. Where more than one spouse is legally recognized in the country of nationality of the staff member, the staff member may elect which spouse to designate for dependency purposes. All spouses should be reported to the Organization for the purposes of the United Nations Joint Staff Pension Fund (UNJSPF).
Legal separation
100 A staff member who is legally separated may claim dependency benefits in respect of their spouse as long as the staff member continues to provide financial support to the spouse in accordance with WHO's Staff Rules, and can provide WHO with proof thereof. The amount of the financial support shall be equal to or greater than the spouse allowance.
Divorce or dissolution of domestic partnership
110 Where the marriage has ended in divorce or where there has been the dissolution of the domestic partnership, a staff member may not claim dependency benefits in respect of the former partner who the Organization had considered as a spouse for purposes of entitlements. This change in status should be reported to the Organization, further to Staff Rule 490.2, with supporting relevant documentary evidence.
120 Upon determination of the personal status of the staff member and recognition for purposes of entitlements of a spouse either by a valid marriage or by a legally recognized domestic partnership under the law of the country in which the marriage or domestic partnership was established, the determination whether the spouse is a dependent spouse will be made in accordance with Staff Rule
310.5.1 and related provisions.
130 Upon determination of the personal status of the staff member and recognition for purposes of entitlements of a spouse either by a valid marriage or by a legally recognized domestic partnership under the law of the country in which the marriage or domestic partnership was established, the determination of dependant children will be made in accordance with the definition of a dependent child, Staff Rule
310.5.2 and related WHO Manual provisions.
140 Recognition of a child by the Organization results in an entitlement to benefits arising from WHO Staff Rules and related provisions, as may be applicable.
150 Dependency allowances are a social benefit payable to eligible staff members with respect to family members who are recognized by WHO as dependants under Staff Rules 310.5.1 to 310.5.3. The rates and conditions for payment of dependency allowances differ for staff in the professional and higher categories from staff in the general service category.
160 Upon determination of the personal status of a staff member and recognition for purposes of entitlements of a spouse, either by valid marriage or legally recognized domestic partnership, a staff member in the professional and higher categories will be paid a spouse allowance equivalent to 6 per cent of net remuneration provided that such spouse is recognized as a dependent spouse.
170 For staff members in the professional and higher categories, dependency allowances may be comprised of a spouse allowance equivalent to 6 per cent of net remuneration with respect to a dependent spouse, together with flat-rate allowances for children and secondary dependents where applicable.
180 A flat rate allowance is payable to general service staff members with an eligible spouse based on local practice in duty stations where applicable, as reflected in the local salary scale.
Single parent allowance
190 Professional staff members who have dependent children but no spouse are eligible to receive a single parent allowance equivalent to 6 per cent of net remuneration. A single parent is a staff member who meets the following criteria:
- has a dependent child as defined under Staff Rule
310.5.2;
- does not have a spouse;
- is not cohabitating with the other parent of the dependent child;
- provides main and continuing support to the child, in an amount at least equivalent to twice the amount of the basic dependent child allowance.
200 No single parent allowance will be paid to a staff member who receives financial support in respect of a dependent child higher than the lowest entry level of the latest United Nations General Service gross salary scale in force on 1 January of the year concerned at the staff member’s duty station; or the gross salary for the lowest entry level of the scale in force on 1 January of the year concerned at the base of the United Nations common system (G-2. Step 1, for New York), whichever is higher.
210 Staff members are responsible for providing documentary evidence to the effect of receiving the single parent allowance or for self-certifying the accuracy and completeness of information related to their personal status that may affect their eligibility to the dependency benefits.
220 Periodic dependency status verifications, including spot-checking, will be conducted by the Global Human Resources (GHR) in order to monitor compliance with the eligibility criteria and conditions for granting the single parent allowance.
230 For general service staff, dependency allowances are payable in the form of non-pensionable flat allowances on a duty station-by-duty station basis.
240 To claim a dependants' allowance or request recognition for purposes of entitlements of a spouse either by valid marriage or legally recognized domestic partnership, the staff member must provide the Organization through the self-service feature in the on-line system with complete information as regards their personal status. Further to Staff Rule
380.7, the Organization will not accept a claim for an allowance or entitlement of any kind that is submitted more than one year after the date when the initial payment would have been due.
250 The staff member must provide satisfactory evidence of the personal status claimed. The staff member must submit a certificate of marriage or legally recognized domestic partnership, proof of their spouse's identity (e.g., national passport, identity card or other similar documentation). All earnings received, including but not limited to pension income, such as retirement, disability benefits, other social benefits and earnings resulting from investments, shall be included in the computation of the annual gross earnings for the purpose of determination of dependency status. If the spouse is employed, a salary statement from the spouse's employer attesting to the spouse's total gross occupational earnings for the year, and the exact period of employment (tax declaration) is required. In cases where the earnings are derived from sources other than gainful employment, a tax declaration is required. These documents will be retained in the staff member's records.
260 Upon receipt of the supporting documentation, the HR Administrator, GSC will follow the procedure described in this section under the provisions relating to Determination of Personal Status above.
Other allowances
270 Staff members in the professional and higher categories will be granted the allowances in respect of a spouse, where applicable, in accordance with section 3 of the Staff Rules. Payment of such allowances will be subject to verification and determination of the personal status of the staff member and recognition of a spouse for purposes of entitlements either by a valid marriage or by a legally recognized domestic partnership under the law of the country in which the marriage or domestic partnership was established. These allowances are:
- settling-in-grant;
- repatriation grant; and
- non-family service allowance, as applicable.
280 In connection with payment of salary and allowances, due regard will be had, as appropriate, to the provisions set out in section 13 of the Staff Rules on special conditions of employment for staff in positions subject to local recruitment, and applicable provisions.
Travel and related entitlements pertaining to personal status
290 Upon verification and determination of the personal status of the staff member and recognition of their spouse for purposes of entitlements either by a valid marriage or by a legally recognized domestic partnership under the law of the country in which the marriage or domestic partnership was established, the staff member will be granted the travel entitlements and benefits given in respect of a spouse and the spouse will be considered an eligible family member for purposes of travel at the Organization's expense in accordance with
section 8 of the Staff Rules and applicable WHO Manual provisions, including for:
- travel on appointment, transfer or separation and payment of travel expenses. The Organization will assist in the installation in the country of assignment. However, issuances of visas is governed by the Convention on the Privileges and Immunities of the Specialized Agencies or relevant Host Agreement/Basic Agreement. Host countries may decline to issue an entry visa or residence permit if the personal status is not recognized under their own national laws. The Organization will assist the staff member to obtain an appropriate visa but, ultimately, it cannot guarantee that it will be possible. In those cases where a visa allowing for the installation of the spouse is not obtained, the HR Administrator, GHR should contact Director, HRT for advice as to the administration of the entitlements given in respect of a spouse.
- shipment entitlements; relocation shipment, or lump sum relocation grant (lump sum in lieu of normal shipment entitlements);
- home leave;
- family visit (spouse visit);
- medical evacuation; and
- transportation of mortal remains.
300 Upon verification and determination of the personal status of the staff member and recognition of a spouse either by a valid marriage or by a legally recognized domestic partnership under the law of the country in which the marriage or domestic partnership was established, the spouse will be considered an eligible family member for purposes of social security benefits in accordance with
section 7 of the Staff Rules and applicable provisions, including for purposes of:
- Staff Health Insurance;
- Accident and Illness Insurance;
- Compensation for Malicious Acts Insurance;
- Compensation for Illness, Injury or Death attributable to service; and
- Grant in case of death.
310 Staff members should contact the WHO Pension Unit in Headquarters to determine the eligibility of their recognized spouse for the United Nations Joint Staff Pension Fund (UNJSPF) spousal benefits under articles 34 and 35 of the UNJSPF regulations.
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1Delegation of authority from Director, HRT to Unit Head HPJ effective 1 January 2021
