I know that everyone is wondering if this means what they think it does. From what I can gather this is the big revelation:
The use of such paid leave is subject to the normally applicable rules for the applicable leave program, including leave request and approval procedures. While excepted employees have the option to use their paid leave (i.e., establish entitlement to paid leave to be paid after the lapse ends), they are not required to use leave to cover periods of authorized absence from work. Instead, they may choose to remain in the default status of being furloughed during any such authorized absence during the lapse. We expect employees generally to choose to allow the default furlough status to be applied to any approved absence, since section 1341(c)(2) provides retroactive pay for furlough periods without charge to leave. (emphasis added).
Management has not received guidance from Agency HR and may not approve “furlough leave” tonight and even tomorrow morning simply because they don’t know what to do. I will get to the bottom of how we go about requesting this tomorrow. Do we continue to input request the way we have been to this point? If so, is it coded “furlough” by default? Are we changing everything previous or do we need people to identify what they want to show it as (Gee, I wonder what that choice will be). I will get answers in the morning.
In the mean time, ask/input the type that you interpret. We will have more clarification in the morning. Call me if you want to (206.406.0194) or find me on the Local Slack Channel.
The full email from NNM RVP Eddie DeLisle can be found below.
FacReps,
Please share the message below regarding the interpretation by OPM of the Government Employee Fair Treatment Act of 2019:
On January 16, 2019, the President signed into law the Government Employee Fair Treatment Act of 2019 (GEFTA), amending the Antideficiency Act.
Whenever federal personnel law is changed, OPM issues guidance to federal agencies concerning the implementation of applicable laws and regulations.
On January 23, 2019, the Acting OPM Director issued a Memorandum to Heads of Executive Departments and Agencies regarding GEFTA.
EXCEPTED EMPLOYEES (NOT FURLOUGHED)
OPM guidance provides that, retroactive to the start of this shutdown, employees may elect to be charged leave for an approved absence or may elect to be placed in a temporary furlough status for which they will be paid when the government opens.
The guidance further states, “We expect employees generally to choose to allow the default furlough status to be applied to any approved absence, since section 1341(c)(2) provides retroactive pay for furlough periods without charge to leave.”
In addition, the guidance provides that, “The use of such paid leave is subject to
the normally applicable rules for the applicable leave program, including leave request and approval procedures.” This means that the procedures for requesting and approving leave remain covered by the applicable collective bargaining agreement.
We have included below the relevant portion for excepted employees:
[GEFTA] establishes a new requirement, providing that excepted employees who are required to perform work during a lapse in appropriations “shall be entitled to use leave” under 5 U.S.C. chapter 63, if applicable (or under other applicable law if chapter 63 is not applicable), but that compensation for the leave will be paid after the lapse ends. The use of such paid leave is subject to the normally applicable rules for the applicable leave program, including leave request and approval procedures. While excepted employees have the option to use their paid leave (i.e., establish entitlement to paid leave to be paid after the lapse ends), they are not required to use leave to cover periods of authorized absence from work. Instead, they may choose to remain in the default status of being furloughed during any such authorized absence during the lapse. We expect employees generally to choose to allow the default furlough status to be applied to any approved absence, since section 1341(c)(2) provides retroactive pay for furlough periods without charge to leave. (emphasis added).
NON-EXCEPTED EMPLOYEES (FURLOUGHED)
For non-excepted employees, GEFTA ensures payment for time spent in a furlough status. There are exceptions for previously approved LWOP, and for employees who have been charged AWOL or suspended.
You can view the guidance by clicking here: OPM GEFTA Guidance.
Eddie DeLisle
NNM RVP
(503) 724-0768