Alright folks we are back in business! We just talked to local management, no one is expected to show up to work tonight. Be to work on your REGULAR time on Monday.

 

Article 48 Section D 

Employees are expected to listen to radio and/or television broadcasts to learn when an appropriation or continuing resolution has been signed or when the debt ceiling has been raised. The Employer and the Union are free to negotiate, at the national level, additional methods of notifying employees about the conclusion of the furlough. Employees will then be expected to report to work no later than four (4) hours after that announcement. In the event the announcement contains instructions on reporting to work later than that, employees will be expected to follow those instructions. A liberal leave policy will be in effect on the day employees are to return to work. Employees who travel during the time of the furlough will be expected to return to work in accordance with the terms of this Article or with the more specific instructions.

*Please note that employees put on furlough for hardship are subject to these regulations. 

Pay and Benefits Information for Employees Affected by the Lapse in Appropriations

Pay and Benefits Information for Employees Affected by the Lapse in Appropriations

Pay and Benefits Information for Employees Affected by the Lapse in Appropriations
This information covers pay and benefits matters that may be important to employees if the lapse in appropriations continues past payroll processing deadlines.  Payroll deadlines vary from agency to agency, so the actual timing of when an employee’s pay and benefits may be impacted will vary.
 
This information is only for employees who are:
 
Furloughed (a type of nonpay status), or
“Excepted” from furlough (i.e., continuing to work and earn pay, but their pay is delayed until appropriations are authorized). 
 
Employees who are “exempt” from the lapse in appropriations (e.g., because they are not paid from
annually appropriated funds) are not impacted.
 
What you should know
 
PAY
 
Furloughed employees: After the lapse ends, you are entitled to receive your “standard rate of pay” for the furlough period, which includes any—
basic pay; overtime and other premium pay for regularly scheduled work; regular premium payments (e.g., law enforcement availability pay); and
allowances and differentials payable on a regular basis. Employees who were on previously approved leave without pay (LWOP) or who were absent without leave (AWOL) during the lapse in appropriations will not receive pay for those hours.
 
Excepted employees: After the lapse ends, you will receive your “standard rate of pay” for the actual hours that you worked (e.g., including any overtime or other premium pay, allowances, and differentials earned based on actual hours worked).  Any time that an excepted employee is placed in a furlough status will be compensated under the rules for furloughed employees.  (See above.)
 
Both furloughed and excepted employees will be paid after the lapse in appropriations ends.
 
ANNUAL AND SICK LEAVE
 
Any leave you had previously scheduled during the lapse period is cancelled, so you won’t be charged leave (except as described in the paragraph below on excepted employees).  In addition, per OPM guidance, if you had properly scheduled “use-or-lose” annual leave that you weren’t able to use because of the lapse in appropriations, that leave must be restored to you.  Your agency will provide instructions on any action you may need to take.
 
Both furloughed and excepted employees will receive credit for any annual and sick leave you would have otherwise (but for the lapse in appropriations) accrued during the period of the lapse once funding is provided.
 
An excepted employee may request approval to use paid leave instead of being placed in a furlough status during an authorized absence from work.  However, compensation for such leave is still not payable until after the lapse in appropriations.  Generally, we do not expect excepted employees to request to use paid leave during a lapse, since they are entitled to retroactive pay for furlough periods without charge to leave.  Use of paid leave under this special authority is subject to normal rules for the applicable leave program, including leave request and approval procedures. 
 
RETIREMENT
 
No retirement deductions will be made if you aren’t receiving pay.  Generally, a period of nonpay status will have no effect on an employee’s retirement-creditable service or high-3 average pay unless the nonpay status is for more than 6 months during the calendar year.  In addition, since employees are entitled to receive retroactive pay after the lapse ends (with exclusions noted above under “Pay”), the lapse period will no longer be considered as a period of nonpay status.
 
ALLOTMENTS FROM PAY
 
Since no allotments can be made if you’re not receiving pay, you may want to review your allotments to
determine whether you’ll need to make alternative arrangements (e.g., if you are using allotments to pay
loans, alimony, etc.).
 
UNEMPLOYMENT COMPENSATION
 
Furloughed employees are eligible to apply for unemployment benefits, but excepted employees working on a full-time basis are generally not eligible. Employees who wish to file should do so with the Unemployment Office for the state where the employee worked (i.e., last official duty station prior to furlough). Please be advised, however, that when employees receive retroactive pay, they will be required to pay
back any unemployment benefits they received, in accordance with State law.  For more information, see
https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/#u... and the U.S. Department of
Labor’s Unemployment Compensation for Federal Employees website,
https://oui.doleta.gov/unemploy/unemcomp.asp.
 
FEDERAL EMPLOYEES HEALTH BENEFITS (FEHB)
 
FEHB coverage continues even if you don’t receive a paycheck.  Your share of premiums will accumulate
and be withheld later when the lapse ends and employees can be paid. 
 
FLEXIBLE SPENDING ACCOUNT (FSAFEDS)
 
Your FSAFEDS payroll deductions stop when you don’t receive pay.  You remain enrolled in FSAFEDS, but you can’t be reimbursed for eligible health care claims until you return to pay status and your payroll deductions can be made.  Payroll deductions will be subsequently collected to match your annual election amount.  Eligible dependent care expenses incurred during the lapse in appropriations may be reimbursed up to
whatever balance is in your dependent care account—as long as the expense incurred allows you (or your
spouse, if married) to work, look for work, or attend school full-time.
 
FEDERAL LONG TERM CARE INSURANCE PROGRAM (FLTCIP)
 
Your coverage will continue.  However, if you usually pay your premiums through payroll deduction, and
the lapse period is less than three consecutive pay periods, your accumulated premiums will be withheld
when the lapse ends and employees can be paid.  Otherwise, Long Term Care Partners will begin to bill
you directly for premium payments.  You must pay those bills on a timely basis in order to continue your
coverage. 
 
FEDERAL EMPLOYEES’GROUP LIFE INSURANCE (FEGLI)
 
Coverage continues for up to 12 consecutive months of nonpay status, but premiums are collected only for
pay periods for which you receive pay.
 
FEDERAL EMPLOYEES DENTAL AND VISION INSURANCE PROGRAM (FEDVIP)
 
Your coverage will continue.  However, if the lapse period is less than three consecutive pay periods, your
premiums will accumulate and be withheld later when the lapse ends.  If you do not receive pay for three
consecutive pay periods, BENEFEDS will begin to bill you directly for premium payments.  You must pay
those bills on a timely basis in order to continue your coverage. 
 
QUALIFYING LIFE EVENT – HEALTH, DENTAL AND VISION INSURANCE
 
Qualifying life events are certain life events that allow you to enroll or make changes to your existing
insurance coverage outside of open season (e.g., marriage, birth of a child, etc.).  Generally, new
enrollments or changes in enrollment due to a Qualifying Life Event do not take effect until the employee
has been back in pay status for any part of the prior pay period.  The exception is for a new enrollment or
change in enrollment due to the birth or addition of a child, which is effective on the first day of the pay
period in which the child is born or becomes an eligible family member. There is no requirement to be in
pay status in order for an enrollment or change in enrollment due to birth or addition of a child to become
effective.
 
THRIFT SAVINGS PLAN (TSP)

For information on the effect of a furlough on your Thrift Savings Plan contributions, loans, and

investments, please refer to https://www.tsp.gov/index.html. 

CHILDCARE SUBSIDY PROGRAM

Employees enrolled in their agency child care subsidy program should contact their agency HR office for

information about payments.  

EMPLOYEE ASSISTANCE PROGRAMS

Employee Assistance Program (EAP) services can be helpful in providing confidential counseling with

experienced, licensed counselors, and many EAPs can provide access to legal and financial consultation

services.  Contact your agency’s EAP office to determine what services might be available to you.

OTHER CONSIDERATIONS

Some mortgage, loan, credit and utility providers have indicated that customers may qualify for alternative

arrangements.  Please contact your providers for more information.

Goverment Employee Fair Treatment Act of 2019

On January 16, 2019, President Trump signed the Government Employee Fair Treatment Act of 2019 (S. 24). 

This Act amends section 1341 of title 31, United States Code, to provide retroactive pay for Federal employees
affected by a lapse in appropriations that begins on or after December 22, 2018, as soon as possible after the lapse
in appropriations ends, regardless of scheduled pay dates.  This amendment covers employees affected by the
current and any future lapse in appropriations.
 
New section 1341(c) addresses Federal employees who are furloughed as a result of a lapse in appropriations, as
well as Federal employees who are required to perform excepted work activities during a lapse.  Retroactive pay
will be paid at the employee’s standard rate of pay. 
 
The attachment to this memorandum provides guidance to assist agencies in implementing the Act.  We will
provide conforming updates to other U.S. Office of Personnel Management (OPM) shutdown furlough guidance
documents as soon as possible.
 
Questions
 
Agency headquarters-level human resources offices may contact OPM at pay-leave-policy@opm.gov.
 Employees should contact their agency human resources offices for assistance.
 
cc:  Chief Human Capital Officers (CHCOs), Deputy CHCOs, and Human Resources Directors
 
Attachment:  Guidance on Implementation of S. 24, the “Government Employee Fair Treatment Act of
2019”
Legislation
 

On January 16, 2019, President Trump signed the “Government Employee Fair Treatment Act of 2019” (S. 24).
This Act can be found at https://www.congress.gov/bill/116th-congress/senate-bill/24.  The Act amends the
Antideficiency Act provision codified in 31 U.S.C. 1341 to authorize retroactive pay for Federal employees
affected by a lapse in appropriations.
 
Scope
 
The section 1341 amendments apply to any lapse in appropriations that begins on or after December 22, 2018.
Thus, the section 1341 amendments apply to the current lapse that began on December 22, 2018, and any future
lapse.
 
The section 1341 amendments apply to each employee of the United States Government or of a District of
Columbia public employer.  This guidance deals with application of the section 1341 amendments to employees
of the United States Government.  The term “employee” in this guidance refers to an employee of the United
States Government.
 
The section 1341 amendments do not apply to “exempt” employees or work activities—i.e., employees or work
activities that are not affected by a lapse in appropriations because they are paid through an independent funding
source.     
 
Definition of “Excepted Employee”
 
Under section 1341(c)(1)(D), an “excepted employee” is defined as “an excepted employee or an employee
performing emergency work, as such terms are defined by the Office of Personnel Management” (OPM).
 
In this guidance, the term “excepted employee” includes “an employee performing emergency work.”  OPM
understands the reference to “an employee performing emergency work” to be a reference to an employee
performing work in connection with “emergencies involving the safety of human life or the protection of
property” as described in 31 U.S.C. 1342.
 
OPM is defining “excepted employee” to mean any employee who is authorized to perform work during a lapse
in appropriations as “authorized by law” (including, but not limited to, 31 U.S.C. 1342), as provided under 31
U.S.C. 1341(a)(1)(B) and under guidance concerning lapses in appropriations issued by the Office of Legal
Counsel of the Department of Justice (DOJ OLC) and the Office of Management and Budget (OMB)
implementing that provision of law.  (See the “References” section at the end of this memorandum.)
 
Employees are considered to be “excepted” from a shutdown furlough when they are performing “excepted work
activities” as defined in DOJ and OMB guidance, or when they are approved to use paid leave under section
1341(c)(3).  (See “Treatment of Excepted Employee” section below.)  An employee may be excepted during
certain lapse periods and furloughed during other lapse periods.

For the purposes of this guidance, we consider work performed “by necessary implication” as described in DOJ
OLC guidance to be “excepted” from the furlough.  For example, for the purpose of this guidance, an employee
performing authorized orderly shutdown activities (as described in OMB and DOJ guidance) is considered to be
an “excepted employee” while performing those activities.  Similarly, another example could be an employee
who supports work related to the protection of life or property (e.g., cutting the checks for a benefit program that
is itself fully funded and necessary to preservation of life) would be considered to be performing excepted work. 
 
Treatment of Furloughed Employees
 
Under section 1341(c)(2), an employee who is furloughed as the result of a lapse in appropriations must be paid
for furlough periods that occurred during the lapse.  After the lapse ends, retroactive pay is provided at the
employee’s “standard rate of pay.”  If the pay cannot be provided on the normal pay date for the given pay period,
it must be provided at the earliest date possible after the lapse ends.
 
Consistent with longstanding policies in implementing similar laws, a furloughed employee is not entitled to
retroactive pay for furlough periods if the employee had been previously (before the lapse) scheduled to be in
nonpay status during those periods.  For example, an employee may have scheduled leave without pay (LWOP)
for an extended period or be in a suspension status (i.e., pay suspended based on an adverse action).  In effect,
those already-in-place periods of nonpay status override the furlough status.  The “standard rate of pay” for such
previously scheduled periods of nonpay status is zero. In addition, employees who were directed to perform
excepted work during a lapse in appropriations but failed to report to duty may be placed in absent without leave
(AWOL) status for missed work hours, in accordance with agency policy and procedures.  For such an employee,
the “standard rate of pay” for AWOL hours is also zero.
 
For furloughed employees, the “standard rate of pay” is the pay the employee would have received for the
furlough hours had the lapse in appropriations not occurred and the employee had performed work.  It includes
the following types of payments:
the employee’s rate of basic pay;
overtime and other premium pay for regularly scheduled work;
regular premium payments (such as law enforcement availability pay); and
allowances and differentials payable on a regular basis.
Except for the nonpay status hours described in the second paragraph of this section, the nonpay status furlough
periods are converted to pay status periods with the payment of retroactive pay for those periods.  For the purpose
of any pay, leave, or benefit entitlements, furlough hours for which retroactive pay is received are considered paid
hours of work.  Rules related to periods of nonpay status are not applicable.  For example, furloughed employees
will accrue annual and sick leave as if they had been in pay status during the furlough periods.  The furlough
hours will also be considered to be paid hours of work in applying overtime rules, including the Fair Labor
Standards Act overtime rules.
 
In providing retroactive pay for furlough hours, employees may not be charged paid leave (e.g., annual leave and
sick leave) or other paid time off (e.g., compensatory time off in lieu of overtime, for travel, or for religious
purposes; credit hours under a flexible work schedule).  All paid leave and other paid time off was automatically
cancelled because of the lapse in appropriations.  There is no legal authority to revoke those cancellations and
charge employees for paid leave or other paid time off.

Treatment of Excepted Employees
 
Pay:  Under section 1341(c)(2), an excepted employee who is required to work during a lapse in appropriations
must be paid for those work periods occurring during the lapse.  After the lapse ends, retroactive pay is provided
at the employee’s “standard rate of pay.”  If the pay cannot be provided on the normal pay date for the given pay
period, it must be provided at the earliest date possible after the lapse ends.
 
For excepted employees, the “standard rate of pay” for excepted hours of work is the pay the employee is entitled
to for the actual hours of work under the normally applicable pay rules.  For example, if an excepted employee
performed additional overtime work beyond the normal requirements for his or her job, he/she would be paid for
that actual overtime work.
 
Leave:  Section 1341(c)(3) 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.  (See “Treatment of Furloughed
Employees” section for guidance on furlough hours.)
 
References
Letter to the President from Benjamin R. Civiletti, 5 U.S. Op. Off. Legal Counsel 1 (Jan. 16, 1981)—
located at https://www.justice.gov/file/22536/download
Government Operations in the Event of a Lapse in Appropriations, 1995 WL 17216091 (O.L.C. Aug. 16,
1995)—located at https://www.justice.gov/opinion/file/844116/download
Office of Management Budget M-18-15, Revised (Jan. 19, 2018)—located at
https://www.whitehouse.gov/wp-content/uploads/2017/11/m-18-05-Final.pdf
OPM Funding Lapse Information Page—located at www.opm.gov/ShutdownFurlough

Additional Information is Provided Regarding the Government Shutdown

NTEU held a wide-ranging conference call with IRS leaders to seek answers to the questions raised by chapter leaders since the agency’s 2019 Filing Season Shutdown Plan was released.

1. Hardship Requests: Without any question, employees are facing serious financial issues because they have not been paid since December 22, 2018, when the shutdown started.  Now, under the Filing Season plan, the IRS is recalling an additional 36,000 employees to process tax returns and answer calls from taxpayers. We are stressing to the IRS that if an employee claims a hardship of any kind, the IRS should honor the intent of Article 48, Section 1.B, and accept the claim.

The IRS should look for ways to accommodate employees, such as authorizing intermittent furloughs for certain periods of time and even for entire days so employees can mitigate the hardship situations they are currently facing.  We also advised the IRS that if it fails to grant hardship requests, and threatens employees with AWOL or termination, it risks losing many employees altogether, something the agency can ill afford. Employees should not be forced to choose between their job, which isn’t paying them, and enduring the hardship caused by the lack of pay.  We told them they need to approve all hardship requests. We emphasized that the way the agency handles this issue will impact how retention and shape how employees view the IRS as an employer on a long-term basis. Today, the IRS told us that our suggested approach is, in fact, the approach their managers are being instructed to take.

2. Federal Holiday (Martin Luther King, Jr. Day): The agency informed NTEU that excepted employees will be issued another furlough letter to cover MLK day as they will not be required to work next Monday.

3. Back Pay for Employees with Approved Hardship Requests: For employees who are granted a hardship and not required to work as an excepted employee, many chapter leaders asked about whether these employees would be waiving or forfeiting back pay once the shutdown ends.  The IRS confirmed that if an employee recalled under Article 14 or Article 48 requests a hardship, and the hardship is granted, they will still be furloughed employees and receive back pay. As of yesterday, the President signed a bill guaranteeing all furloughed (and excepted) employees back pay.  In that case, an employee called up under either Article who is granted a hardship will receive back pay for the shutdown.

4. Delays to Income Verification Information: During the January 17th conference call with the IRS, the agency assured NTEU that it will continue to work through this problem.  One reason for the delay has been that income verification for many federal agencies is handled by Equifax, and as a result, Equifax is having a difficult time handling the increased need for its services caused by the government shutdown.

5. Furlough Letter: The IRS confirmed that it is working with Wage and Investment (W&I) in order to mail copies of the furlough letter to employees, but it is still determining the best method for accomplishing this.

6. The Inapplicability of RIF Procedures to this Shutdown:  The December 21, 2018 letter issued by CHCO Robin Bailey incorrectly notified employees that they would be subject to RIF procedures if the shutdown lasts more than thirty (30) days.  However, the reductions in force (RIF) furlough regulations are not applicable to emergency shutdown furloughs because the ultimate duration of an emergency shutdown furlough is unknown at the outset and is dependent entirely on Congressional action, rather than agency action. We can assure you that a RIF will not occur as a result of this shutdown.  If the shutdown lasts 30 days, the OPM regulations require the agency to issue a second furlough of employees for another period of up to thirty (30) days.

7. Documentation Needed for Unemployment Compensation: The agency informed NTEU that it has contacted all of its points-of-contact at state unemployment compensation offices and confirmed that the furlough letter or a leave and earnings statement will be considered sufficient.  Nonetheless, the agency agreed to provide all employees with copies of their SF-50. In addition, if an employee does not receive their SF-50 promptly, they can contact the IRS Help Desk for assistance.

8. ”Use or Lose” Leave for Retirees: The agency stated that employees in this situation will be considered for leave restoration and that any leave restored will still be included in their lump sum payment upon retirement. However, this will not happen until after the shutdown ends.

NTEU will continue to provide further updates on each of these issues as soon as they become available. In addition, please continue to check the NTEU website at https://www.nteu.org/shutdown for additional information.  

New Information we've received from the Utah State Unemployment Department.

New Information we've received from the Utah State Unemployment Department.

NTEU Chapter 67  leadership personally delivered letters demanding an end to the shutdown to the offices of Senator Lee and Senator Romney. They also met with a represent from the Utah State Governors office requesting additional relief for essential and non-essential employees to continue receiving unemployment benefits. 

 

In NTEU’s continuing effort to provide the best service to our members we have opened a temporary office in the Marriott-Slaterville City Office. Beginning January 17th until further notice we will be available Mon-Fri 3 PM-5PM at 1570 W 400 N Ogden, UT 84404. We can always be reached at NTEU67.org, NTEU67@gmail.com, Facebook, and Twitter.