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1 1 (December 15, 2020)

handle is hein.crs/govdczm0001 and id is 1 raw text is: December 15, 2020 FederalEmployee Furloughs: Types and Implications Federal employeesperformcomplexduties in pursuit of the diverse missions of their agencies. Some outcomes of the federal budget process havesignificant implications for employees. Among other impacts, certain budgetary situations may result in employee furloughs (i.e., placement in temporary non-duty, non-pay s tatus because oflack of work or funds). Furloughs affect how agencies perform their mis sions and may affect the well-being of employees. This In Focus discusses the two types of furloughs as well as related procedures, case studies, and some potential issues for Congress. Two Ty~pes ~ ul hs The termfurlough refers to two types: shutdownfurloughs (also called emergencyfurloughs) and administrative furloughs (also called money-savingfurloughs). Both types involve placement of an affected employee in a temporary non-duty, non-pay status because oflackof work or funds or other non-disciplinaryreas ons but with continued benefits under certain conditions. Because furloughs are temporary, they may be distinguished fromthe permanent separation of employees (e.g., through permanent reductions in force (RIFs)). The Office of Personnel Management (OPM) has provided detailed guidance to executive agencies on bothtypes of furloughs, including related topics such as pay, leave, and benefits during furlough status. However, the two types of furloughs differ in severalrespects, as discussedbelow. Statutory framework. Shutdown furloughs are generally governed byprovisions known as the Antideficiency Act including, Title 31, Sections 1341-1342, of the United States Code. Among other things, this law generally prohibits agencies fromaccepting voluntary services and employing personnel services exceeding those authorized bylaw, except foremergencies involving the safetyof human life orthe protection ofproperty (31 U.S.C. § 1342). In a shutdown, an agency may suddenly lack authority to obligate and spend certain funds due to a temporary lapse in annual appropriations or the expiration of an authorizing act that provides access to certain funds. When a laps e in funding occurs, the law requires agencies to cease activity and furlough employees, with some exceptions. For employees who are paid fromaffected funds, some employees by law may be excepted froma shutdown furlough. For example, employees whose duties involve the s afety ofhuman life or the protection of property may be told by an agency to come to work during the period of time in which funds are lapsed or unavailable. Employees who are funded byother, non-lapsed sources of funding may be called exempt froma shutdown furlough. Procedures. The Office ofManagementandBudget (OMB) and OPM outline procedures for shutdown furloughs (seeSelectedReferencesbox). A shutdown furlough is considered to be an adverse action, which provides employees with certain notice and appeal rights under applicable regulations (5 C.F.R. Part 752, relating to adverse action procedures). Agencies are responsible for notifying employees ofthe furlough as soon as possible. In contrast with administrative furloughs, the length of a shutdown furlough does not affect the furlough's implementation procedures. OPM guidance explains: For most employees, shutdown furloughs lasting 30 calendar days orless(22workdays) arecoveredby ...adverse action procedures. Shutdown furloughs lasting longer than this duration are also covered by adverse action procedures instead of RIF procedures, because the ultimate duration of a shutdown furlough is notknownin advance. OPM advis es, When the shutdown furlough goes beyond 30 days, agencies should treat it as a second shutdown furlough and is sue another adverse action or furlough notice. Pay. Before 2019, employees who were furloughed during a shutdown were not entitled to retroactive pay for the days furloughed. After an extended shutdown in FY2019, however, Congress and the President enacted the Government Employee Fair Treatment Act (P.L. 116-1), which statutorily requires retroactive pay for furloughed employees following the end of a lapse in appropriations (31 U.S.C. §1341(c)). Leave and benefits. The Antideficiency Actrequires agencies to cancelpaid time off scheduled during a shutdown furlough. In many situations, a shutdown furlough would not affect the accrual of annualleave and sickleave. OPM guidanceexplains, Ifan employee is furloughed (i.e., placed in non-pay status) forpart of a biweekly pay period, the employee's leave accrualwill generally not be affectedforthat pay period. However, a lengthier shutdown furlough may affect the accrual of leave. Cenerally, benefits such as health insurance continue during a shutdown furlough. However, federal employees may need to wait untilthey are returned to pay status before they can adjust their benefits. Case study: FY2014 shutdown. A funding gap began on October 1,2013, the first day ofFY2014, that resulted in a shutdown furloughof many federalpersonnel. The shutdown lasted 16 full days until an interimcontinuing resolutionresumed funding. Initialreports suggested, based on the contents of agency shutdown plans, that 800,000 or more executive branch employees had been furloughed. Three weeks after the shutdown terminated, OMB released a retro spectivereport that indicated that the shutdown \ Q

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