More shutdown questions/answers provided/vetted by 14 AF: Q1) Can furloughed employees seek off-duty employment? Do they need permission to do so? A1) While on furlough, an individual remains an employee of the Federal Government. Therefore, executive branch-wide standards of ethical conduct and rules regarding outside employment continue to apply when an individual is furloughed (specifically, the executive branch-wide standards of ethical conduct (the standards), at 5 CFR part 2635). In addition, there are specific statues which prohibit certain outside activities, and agency-specific supplemental rules that require prior approval of, and sometimes prohibit, outside employment. Therefore, before engaging in outside employment, employees should review these regulations and then consult their agency ethics official to learn if the there are any agency-specific supplemental rules governing the employee. Source: OPM Guidance for Shutdown Furloughs opm.gov/policy-data-oversight/pay-leave/furlough-guidance/guidance-for-shutdown-furloughs.pdf Q2) Retirement pay. A2) Retirement pay is a must-pay entitlement and will continue during the government shutdown period. Q3) What is the Sick Leave Policy for excepted civilians? A3) An employee must be placed in furlough status during any paid time off scheduled to be taken during a lapse in appropriations. If an employee is scheduled to take paid time off under Family and Medical Leave Act (FMLA) during a shutdown furlough (either continuously or intermittently), the paid time off must be cancelled and the employee must be furloughed for any period during which paid time off was scheduled. Thus, any days of scheduled pay time off are documented as furlough days. Any previously scheduled days of unpaid leave under FMLA will continue to be documented as LWOP. No days associated with a shutdown furlough period will be counted against an employee’s 12-week FMLA leave entitlement. Source: OPM Guidance for Shutdown Furloughs opm.gov/policy-data-oversight/pay-leave/furlough-guidance/guidance-for-shutdown-furloughs.pdf Q4) Is Deployment and Pre-Deployment training excepted? A4) Yes. OSD Guidance dated 25 Sep 2013 states we will “continue to prosecute the war in Afghanistan, including preparation of forces for deployment into that conflict.” Additionally, each COCOM has identified which operations and activities they have determined must be excepted because they are necessary for National Security. Q5) Accrual of annual leave during the furlough? A5) If an employee is furloughed (i.e., placed in non-pay status) for part of a bi-weekly pay period, the employee’s leave accrual will generally not be affected for that pay period. However, the accumulation of non-pay status hours during a leave year can affect the accrual of annual leave and sick leave over a period of time. (See 5 CFR 630.208 and Notes 1 and 2 below.) For example, when a full-time employee with an 80-hour bi-weekly tour of duty accumulates a total of 80 hours of non-pay status from the beginning of the leave year (either in one pay period, or over the course of several pay periods), the employee will not earn annual and sick leave in the pay period in which that 80-hour accumulation is reached. If the employee again accumulates 80 hours of non-pay status, he/she will again not earn leave in the pay period in which that new 80-hour total is reached. At the end of the leave year, any accumulation of non-pay status hours of less than 80 hours is zeroed out so that the accumulation of non-pay status hours for the next leave year starts at zero. For part-time employees, the rule blocking accrual of leave based on the accumulation of non-pay status hours (5 CFR 630.208) does not apply. Instead, leave accrual for part-time employees is prorated based on hours in a pay status in each pay period; thus, time in non-pay status reduces leave accrual in each pay period containing time (5 CRF 630.303 and 5 U.S.C. 6307). Also, please see OPM’s fact sheet on the Effect of Extended Leave Without Pay (LWOP) (or Other Non-pay Status) on Federal Benefits and Programs, which has a section entitled, “Accrual of annual and sick leave.” Note 1: The term “non-pay status” refers to period during which an employee is absent from his or her tour of duty established for leave usage purposes and receives no pay for such absence. Furlough is one type of non-pay status. Note 2: The term “leave year” is defined as the period beginning on the first day of the first full bi-weekly pay period in a calendar year and ends on the day immediately before the first day of the first full bi-weekly pay period in the following calendar year. (For example, for employees on the standard bi-weekly payroll cycle, the 2013 leave year is January 13, 2013, through January 11, 2014.) (See fact sheet at opm.gov/policy-data-oversight/pay-leave/leave-administration/fact-sheets/leave-year-beginning-and-ending-dates/) Note 3: For full-time employees with an uncommon tour of duty under 5 CFR 630.210, the accumulation limit used in applying 5 CFR 630.208 is the number of hours in the uncommon tour of duty for a bi-weekly pay period.
Posted on: Wed, 02 Oct 2013 05:20:08 +0000
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