During a government shutdown, federal employees are placed
in a temporary nonduty, nonpay status which is called a furlough.
Below are 8 more major questions and answers about furloughs provided by the United States Office of Personnel Management handbook.
1. Why and when does a
furlough occur?
A furlough happens when federal agencies are unable
to receive the necessary funds to operate as it happens during a government
shutdown.
2. Who is affected and
placed on furlough?
As a general rule of thumb, any employee who is not “necessarily”
or “desperately” needed during a government shutdown is placed on furlough.
This means of course that President Obama, Congress, and employees
who are performing emergency work involving the safety of human life or the
protection of property are considered to be “excepted employees” and are not
placed on furlough.
“Emergency employees” are those employees who must report
for work in emergency situations—e.g., severe weather conditions, air
pollution, power failures, interruption of public transportation, and other
situations in which significant numbers of employees are prevented from
reporting for work or which require agencies to close all or part of their
activities. Emergency employees are not automatically deemed excepted employees
for purposes of shutdown furloughs. Each agency must determine which employees
are excepted employees based on the law.”
3. Do “excepted
employees” get paid overtime pay, Sunday premium pay, night pay, availability
pay, during a furlough period?
“Yes. Excepted employees who meet the conditions for
overtime pay, Sunday premium pay, night pay, availability pay and other premium
payments will be entitled to payment in accordance with applicable rules,
subject to any relevant payment limitations. Premium pay may be earned but
cannot be paid until Congress passes and the President signs a new appropriation
or continuing resolution.”
4. Can employees who are
placed on furlough volunteer?
“No. Unless otherwise authorized by law, an agency may not
accept the voluntary services of an employee. (See 31 U.S.C. 1342.)”
5. Can employees take
another job while on furlough?
Generally, no. Even though an employee is on furlough, he or
she is still an employee of the Federal Government. Any employee interested in
working on another job while placed on furlough needs to check with his/her
agency.
6. Can employees on
furlough use previously approved paid time off like annual, sick, court,
military leave, or even leave for bone marrow/organ donor?
No. Being placed on furlough means being in a temporary
nonduty, nonpay status and cannot be changed. All paid leave or other paid time
off is cancelled during a period when a lapse in appropriations is in effect as
in a government shutdown.
7. Are employees who are
injured while on furlough eligible to receive workers’ compensation?
No. Since worker’s compensation is paid to employees only if
they are injured while on the job, being on a furlough means being on a nonduty
status. However, an employee who is receiving workers’ compensation payments
will continue to receive workers’ compensation payments during a furlough.
8. When a Government
shutdown occurs, how do furloughed employees find out when they are supposed to
return to work?
“Employees should follow their agency procedures, including
any applicable collective bargaining agreements, which may include monitoring
OPM’s website (www.opm.gov) and media outlets for notification that a
continuing resolution or appropriation has been signed by the President. “
In addition to the above major questions and answers about furlough during a Government shutdown, the United States Office of Personnel Management handbook provides more details about retirement, insurance, and unions.
For anyone interested in seeing what kind of furlough letter
an employee might receive during a Government shutdown, the last two pages of
the handbook are showing an example letter.
It begins like this …
“NOTICE
In the absence of either a Fiscal Year (FY) [state year]
appropriation, or a continuing resolution for [agency name], no further
financial obligations may be incurred by [agency name], except for those
related to the orderly suspension of [agency’s name] operations or performance
of excepted activities as defined in the Office of Management and Budget (OMB)
memorandum for Heads of Executive Departments and Agencies dated November 17,
1981. Because your services are no longer needed for orderly suspension of
operations and you are not engaged in one of the excepted functions, you are
being placed in a furlough status effective [enter date]. This furlough, i.e.,
nonduty, nonpay status, is not expected to exceed 30 days. Therefore, this
furlough notice expires on [enter date]. You should monitor public broadcasts
and the Internet. When a continuing resolution or an FY [state year]
appropriation for [agency name] is approved, you will be expected to return to
work on your next regular duty day. … “
