USDA Forest Service Questions and Answers on Furlough

GENERALThe Office of Personnel Management’s guidance on furloughs is available at http://www.opm.gov/furlough/furlough.asp. The Questions and Answers below are those we anticipate to be most commonly requested during the furlough and are specific to Forest Service. If you need additional information, please refer to OPM’s guidance.

Q1. What is a furlough? A. A furlough is the placing of an employee in a temporary non-duty, non-pay status because of lack of work or funds, or other non-disciplinary reasons. For most employees, there are two basic categories of furloughs, each involving different procedures. A furlough of 30 calendar days or less is covered under 5 CFR Part 752, adverse action procedures.

Q2. Why are we being furloughed? A. There are two types of furloughs--a "shutdown" or "emergency" furlough and a "save money" furlough. In a "shutdown" furlough, the agency no longer has the necessary funds to operate and must shut down those activities which are not “excepted” by Office of Management and Budget (OMB) standards. In many cases, the agency will have very little lead time to plan for the furlough, making it an "emergency" furlough.Based on the current Federal fiscal situation, this potential furlough would be defined as a “shutdown” or “emergency” furlough. The following Q & A’s are related to a “shutdown” furlough, and are intended to answer basic questions. Additional information regarding furlough can be obtained from the Office of Personnel Management’s website at http://www.opm.gov/furlough/furlough.asp.

Q3. Are all employees subject to the furlough? A. No. Employees who are not funded through the appropriations bill (e.g., the Job Corps CCC program) and employees who are "excepted employees" because they are (1) performing emergency work involving the safety of human life or the protection of property, (2) involved in the orderly suspension of agency operations, or (3) performing other functions exempted from the furlough will not be furloughed.

Q4: Do I need to come into the office on my next scheduled workday if there is a furlough? A: Yes, unless otherwise instructed. Non-excepted employees should report to work on the next scheduled workday, as directed, for the sole purpose of engaging in orderly shutdown activities. Supervisors will provide employees with instructions to shutdown their activities and secure property in their work areas.

Excepted employees will be identified by their supervisors and will be instructed to perform only excepted activities as required.

For those teleworking or otherwise detached from their supervisor, "report" may be done by telephone. Supervisors who have employees on AWS schedules may make prior arrangements with them for completion of shut down activities or make the determination to change the employees work schedule, requiring the employee to report for duty on the first day of the workweek. Supervisors who have employees on scheduled leave should make prior arrangements with them for completion of shut down activities or make the determination to cancel the employee’s leave, requiring the employee to return for duty.

Q5: Can a supervisor direct an employee to report for duty on Tuesday, October 1, 2013 to conduct an orderly shutdown of their work if Tuesday is their flexible work day and they are not scheduled

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USDA Forest Service Questions and Answers on Furlough

to come in? A: Yes. Employees are required to report for duty on Tuesday to conduct an orderly shutdown of their work even if Tuesday is their flexible work day and they were not scheduled to come to report for duty.

Q6: If I am required to come into the office during the furlough, either for orderly suspension of operations or as an "excepted" employee, will I be paid? A: Yes, after appropriations or a continuing resolution is passed. Under the authority of the Antideficiency Act (31 U.S.C. 1341 et seq.), Federal officers may incur no obligations that cannot lawfully be funded from prior appropriations, unless such obligations are otherwise authorized by law. Orderly shutdown of operations, and activities excepted from the shutdown are authorized by law. However, even though the government can incur obligations as necessary for orderly terminations of an agency's functions, no funds may be disbursed.

Q7. Will I be notified that I am going to be furloughed? A: Yes. While an employee must ultimately receive a written notice of decision to furlough, it is not required that such written notice be given prior to effecting the furlough. Issuance of prior written notice is preferable, but when prior written notice is not feasible, then any reasonable notice (telephonic or oral) is permissible. The Forest Service will make every effort to notify every employee in writing.

Additionally, the USDA OpsCenter will remain operational and the website address is http://www.dm.usda.gov/beprepared/. In addition, USDA is setting up an Employee Information Line (1-800-932 1902) on which employees may obtain updated information about any shutdown and subsequent termination of shutdown. It is recommended that you check these sites often.

EXCEPTED AND EXEMPT EMPLOYEESQ8: What is an excepted employee? A: The term "excepted employee" refers to employees who are excepted from a furlough by law because they are (1) performing emergency work involving the safety of human life or protection of property, (2) involved in the orderly suspension of agency operations, or (3) performing other functions exempted from the furlough. Each agency identifies which positions meet the criteria above.

Q9: Who are “exempt” employees? A: Employees are “exempt” from furlough if they are not affected by a lapse in appropriations. This includes employees who are not funded by annually appropriated funds. Employees performing those functions will generally continue to be governed by the normal pay, leave, and other civil service rules.

Q10. If, during a lapse in appropriations, Federal agencies are operating under an "unscheduled leave" policy because of emergency weather conditions, which employees should report for work?A. Excepted employees are required to report for work on time under these circumstances. Agencies and employees are reminded that, during a lapse in appropriations, all affected employees must be either (1) at work performing excepted activities (excepted employees) or (2) in a furlough status (non-excepted employees). Therefore, agencies may change the status of employees as additional needs arise. In addition, if an excepted employee is unable to report for work because of emergency conditions, he or she must be placed in a furlough status until such time as the employee reports for work.

LEAVE

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USDA Forest Service Questions and Answers on Furlough

Q11. Can I use annual, sick, court, military, or other paid leave to cover the period of furlough? A. No. Furlough days are non-workdays. Annual, sick, court, military, or other paid leave cannot be granted on a non-workday. However, military leave must be charged on a non-workday when the non-workday occurs wholly within the period of military leave for military duty. Employees who serve as witnesses or jurors on furlough days will retain all monies received from the court, if they are not reimbursed for salary normally paid for those days upon returning to work.

Q12. May excepted employees take previously approved paid leave during a furlough caused by a lapse in appropriations--i.e., a "shut-down" or "emergency" furlough? May excepted employees be granted new requests for paid leave during the lapse in appropriations? A. No. When an employee is not at work and performing the duties determined by the employing agency to be allowable activities in compliance with the Antideficiency Act, he or she cannot be in a paid leave status. Therefore, agencies must take one of the following actions:

(1) cancel any approved paid leave during the furlough and/or deny any new requests for paid leave; or

(2) furlough the employee for the period of the employee's absence from duty. An agency may subsequently terminate the furlough whenever the employee's services are required for excepted activities.

If an excepted employee refuses to report for work after being ordered to do so, he or she will be considered absent without leave (AWOL) and may be charged with insubordination.

Q13: If an employee is on leave under the Family and Medical Leave Act of 1993 (FMLA) during the furlough, does the leave count towards the 12-week entitlement to FMLA leave? A: An employee who is on approved Leave Without Pay (LWOP) under the FMLA on days that coincide with the period of furlough will continue to be charged LWOP. Consistent with law and regulations, the LWOP taken under the FMLA is part of the 12-week entitlement. However, an employee who was scheduled during the furlough to take paid leave under the FMLA (i.e., an employee chooses to substitute annual leave or sick leave, as appropriate, for unpaid leave under the FMLA) must be placed on furlough instead. (See Q. 46) Since the paid leave was canceled, the period of absence may not be used to reduce the 12-week entitlement to FMLA leave.

Q14: If an employee who would be furloughed is on approved leave without pay(LWOP) must the LWOP be terminated and the employee furloughed? A: No. The status of an employee in LWOP is not disturbed unless there is indication that the employee may return form the LWOP during the furlough.

TRAVEL AND DETAILSQ15: What happens to employees who are in official travel status when the furlough occurs? A: Only excepted activities can continue which affect the safety of people and protecting property; therefore, employees would be directed to return to their duty station.

Q16: If employees are on a long·term detail (30 days or longer) where they have already paid in advance for an apartment, must they return to their duty station? A: Yes. The length of travel, 1 day, 90 days, or more, makes no difference. When employees are placed on furlough, they will be directed to return to their duty station. Employees must return as soon as administratively feasible.

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USDA Forest Service Questions and Answers on Furlough

Q17. If employees funded through appropriations that have lapsed are on temporary duty assignment away from their normal duty stations at the time of an appropriations lapse, can they make arrangements to return home sooner than planned? A; They are encouraged to do so wherever reasonable and practicality based on the length of the assignment and the time required for return travel, compared to the anticipated length of the lapse, so as to minimize the burdens of doing so.

Q18. Would employees who are detailed or assigned outside the Forest Service during part, or the entire period, of furlough be subject to furlough? A. Employees on a reimbursable detail from the Forest Service would not be subject to furlough due to lack of funds if full reimbursement continued. If reimbursement were reduced or eliminated, the employee would be subject to furlough. The Forest Service may prorate the required furlough time for an employee being paid by an outside organization during only part of the furlough period. Federal employees assigned to non-Federal organizations who are on LWOP from their Federal positions may continue working.

Q19: Can employees on furlough receive travel allowances? A: Although employees on furlough are in a non-pay status, they are entitled to transportation and per diem/actual subsistence allowances to return to their official duty station.

VOLUNTARY SERVICESQ20: May an employee volunteer to do his/her job on a non-pay basis during a furlough period?A: No. Forest Service employees are not permitted to volunteer to do their own work without pay. Futhermore, the Antideficiency Act prohibits agencies from accepting voluntary labor for services that are not essential; vital to the protection of life and property, during a shutdown. Federal officials or employees who violate the rules can be fined up to $5,000 or sent to prison for two years. This would also prohibit the use of government electronic systems during a shutdown.

TRAINING AND MEETINGSQ21: If a private sector training course is funded, including travel orders issued, against FY 2013 appropriations, can an employee who was told not to come to work attend the training? A: No. The training assumed that the employee was in a duty status (e .g., travel orders were used) . The employee was furloughed and therefore is not on duty.

Q22. If a meeting is scheduled with non-Federal members in attendance and it cannot be rescheduled or delayed, can the Forest Service employees who are to attend be declared excepted?A. No. The only reason that an employee can be declared excepted is to ensure safety of human life and protect property.

UNEMPLOYMENT COMPENSATIONQ23: Are employees entitled to unemployment compensation while on furlough? A: It is possible that employees may be eligible for unemployment compensation, especially if they are on consecutive furlough days. State unemployment compensation requirements differ. Employees should submit their questions to the appropriate State office. You may access unemployment and state office information at http://www.dol.gov/dol/topic/unemployment-insurance/. However, employees paid unemployment compensation who later receives administrative leave for the same period of time may be required to pay back the unemployment compensation received.

OUTSIDE EMPLOYMENT

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USDA Forest Service Questions and Answers on Furlough

Q24: May employees take other jobs while on furlough? A: During the furlough, employees may engage in outside employment, however, all employees must ensure that such outside employment does not pose a conflict of interest with their official USDA duties. During the furlough, the requirement for employees to seek advance approval of any outside employment or activity has been waived. Employees are referred to the Office of Ethics website to review the applicable ethics rules governing outside employment at: www.usda.gov/ethics.

BENEFITSFURLOUGH EFFECT ON BENEFITS AND OTHER PAY ACTIONSQ25. Will an employee continue to be covered under the Federal Employee Health Benefits (FEHB) program during a shutdown furlough if the agency is unable to make its premium payments on time? A. Yes, the employee’s FEHB coverage will continue for no more than 365 days in a non-pay status even if an agency does not make the premium payments on time. The Government contribution continues while employees are in a non-pay status. Since the employee will be in a non-pay status, the enrollee share of the FEHB premium will accumulate and be withheld from pay upon return to pay status. Note: This answer applies only to a Shutdown Furlough and not an Administrative Furlough or other non-pay status situations.

Q26. What happens if an employee wants to terminate Federal Employee Health Benefits (FEHB) coverage while in a non-pay status in order to avoid the expense? A. Unlike other types of non-pay status, employees in a non-pay status due to a lapse of appropriations (shutdown furlough) will not have the opportunity to terminate or cancel FEHB coverage. The employee will remain covered; the enrollee share of the FEHB premium will accumulate and be withheld from pay upon return to pay status.

Q27. If I incur a debt on my health insurance, how will the premiums owed be collected? A. After returning to pay status, the NFC will generate NFC Form 937 (Notice of Intent to Recover Past-Due Health Benefits from Salary).  The form indicates the amount of debt owed, the additional amount that will be collected each pay period, the number of pay periods the additional amount will be collected and the pay period it will begin.  The ASC HRM Pay department will create a CRM case and forward the bill to you.   Please note it may take as much as 3-4 weeks to receive this bill after you have returned to pay status.

Q28. If an employee submitted a new application or a change to his/her health insurance plan (e.g. because of a Qualifying Life Event) and the paperwork was not processed by the agency because of a shutdown furlough, how would the employee seek services or coverage? A. 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.

Q29. What happens to my Federal Employees Life Insurance Coverage (FEGLI)? A. FEGLI coverage will continue uninterrupted for up to 12 consecutive months in non-pay status. You are NOT required to pay the employee share of premiums during this period nor will you incur a debt.

Q30. What happens to an employee’s Flexible Spending Account (FSAFEDS) coverage if furloughed? A. Payroll deductions will cease for any employee that does not receive pay. The employee remains enrolled in FSAFEDS, but eligible health care claims incurred during a non-pay status will not be reimbursed until the employee returns to a pay status and allotments are

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USDA Forest Service Questions and Answers on Furlough

successfully restarted. The remaining allotments are recalculated over the remaining pay periods to match the participant’s election amount.

Eligible dependent care expenses incurred during a non-pay status may be reimbursed up to whatever balance is in the employee’s dependent care account—as long as the expense incurred during the non-pay status allows the employee (or spouse if married) to work, look for work or attend school full-time. Visit the FSAFEDS website, www.fsafeds.com for more information.

Q31. What happens to my Federal Employees Dental and Vision (FEDVIP) coverage? A. Employees enrolled in the FEDVIP who experience a period of LWOP for two consecutive pay periods will be billed from BENEFEDS for any missed premiums during the furlough period. Upon return to pay status, deductions from your pay will resume, however, you will receive a bill at your home address from BENEFEDS for the missed premiums and must make payment directly to BENEFEDS. If you do not pay by the due date specified on your bill, your coverage will be terminated and you must wait until the next open season to enroll. Employees cannot elect to cancel coverage and reenroll upon return to duty. Note: Payments made through direct bill are not eligible for “pre-tax” savings. For questions you may contact FEDVIP at 1-877-888-FEDS (1-877-888-3337) TTY: 1-877-889-5680 or go to www.benefeds.com. You may also visit the FEDVIP website at http://www.opm.gov/insure/DentaIVision for more information.

Q32. What happens to my Federal Long Term Care Insurance Program coverage? A. Employees enrolled in FLTCIP who experience a period of LWOP for three consecutive pay periods will be switched to a Direct Bill method. This means you will receive a bill to your home address for your premiums, and you must pay this bill. Upon return to pay status, you will need to contact the FLTCIP office and request that payments be deducted from your pay again otherwise you will continue to be billed for premiums. You may contact FLTICP at 1-800-LTC-FEDS (1-800-582-3337)  (TTY: 1-800-843-3557) or go to www.ltcfeds.com

Q33: What effect will a furlough have on an employee's high-3 average when a furlough occurs during the 3 years of service prior to retirement,? A: Generally there will be no effect on the high-3 average unless the furlough causes the employee to be in a non-pay status for more than 6 months during the calendar year.

Q34: Are the retirement rules concerning the effect of a furlough the same for employees under the Civil Service Retirement System and the Federal Employees Retirement System? A: Yes.

Q35. I am a seasonal employee. What happens if I work less than 13 pay periods this year because of the furlough? A. Any periods of non-pay status in excess of 6 months in a calendar year is not creditable for leave or retirement purposes, and the employee’s service computation dates must be updated. When employees are in a non-pay status for only a portion of a pay period, their retirement contributions are adjusted in proportion to their basic pay.

Q36. What will happen to employees who would have retired during a shutdown furlough? A. For employees who, on or before the requested retirement date, submitted some notice of their desire to retire, agencies should, when the lapse in appropriations ends, make the retirement effective as of the date requested. The retirement request may be informal (such as a letter requesting retirement), and can be either mailed or personally submitted to the agency. Any additional required paper work, such as the formal retirement application form, may be completed when the agency

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USDA Forest Service Questions and Answers on Furlough

reopens. No time spent by the retiree in such actions after the effective date of the retirement may be considered as duty time, since the individual would no longer be an employee of the agency.

Q37. I recently retired from Federal service. Will my retirement application be delayed by a government shutdown? A. If your agency or payroll center submitted your retirement application to OPM, you will begin receiving interim annuity payments while OPM retirement specialists process your application. Because OPM Retirement Services is funded by the Trust Fund it manages, OPM Retirement Services employees will still be working normal operating hours during a government furlough.

If your agency or payroll center has not yet submitted your retirement application or the application is incomplete, you will likely experience some delay as OPM must wait on other agencies to submit all of the information needed to process your retirement. Some of these agencies may not be operating during a government furlough.

Q38. If there is a shutdown furlough, how does this impact a separating employee’s lump-sum payment or VSIP payment for their unused annual leave? A. In the event of a shutdown furlough, any payments incurred by the agency for an employee’s lump-sum payment may be delayed until funds are available or the National Finance Center is returned to work from the furlough.

Q39. If an employee is on LWOP for Military Duty or Workers' Compensation, does the furlough affect that employee? A. Non-pay status for employees who are performing military duty or being paid workers' compensation counts as a continuation of Federal employment for all purposes upon the employee's return to duty. The Department of Labor’s Office of Workers’ Compensation Programs which administers the Federal Employees’ Compensation Act (FECA) advises that, in the event of a Government shutdown, an employee who is disabled due to his or her injury is to be maintained in COP status during the shutdown unless the agency does not have monies available to pay the salary of that employee. If the agency does not have monies to pay salary during the shutdown but the agency’s budget is subsequently restored in such a way as to allow for retroactive payment of salary during the shutdown period, the employee should receive COP for any period of disability that occurs within the shutdown. In the event an agency is legally unable to pay COP to an employee because of a lapse in appropriations, the employee may file a claim for regular FECA wage loss compensation for that period.

Q40. If I choose to incur a debt on my health insurance, how will the premiums owed be collected? A. After returning to pay status, the NFC will generate NFC Form 937 (Notice of Intent to Recover Past-Due Health Benefits from Salary). The form indicates the amount of debt owed, the additional amount that will be collected each pay period, the number of pay periods the additional amount will be collected and the pay period it will begin. The ASC HRM Pay department will create a CRM case and forward the bill to you. Please note it may take as much as 3-4 weeks to receive this bill after you have returned to pay status.

SERVICE CREDIT FOR VARIOUS PURPOSESQ41. Is furlough or leave without pay (LWOP) considered a break in service? A. No, both mean the employee is in a non-pay, nonduty status for those days/hours. However, extended furlough or LWOP may affect the calculation of creditable service for certain purposes.

Q42. To what extent does non-pay status affect other civil service benefits and programs?

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USDA Forest Service Questions and Answers on Furlough

A: Non-pay status (which includes furlough, leave without pay, absence without leave, and suspension) is credited as follows:

Annual Leave and Sick Leave: When a full-time employee accumulates 80 hours of leave without pay, the amount of annual and sick leave that may be accrued in that pay period is reduced by the amount of leave the employee would normally earn during the pay period (5 CFR 630.208). When a part-time employee is in a non-pay status, he or she will accrue less annual leave and sick leave, since part-time employees earn leave on a pro-rata basis—i.e., based on hours in a pay status (5 CFR 630.303 and 630.406). For purposes of computing accrual rates for annual leave, creditable service for time in a non-pay status is limited to an aggregate of 6 months in a calendar year (5 U.S.C. 6303(a) and 8332(f)).

Within-Grade Increases:An aggregate of 2 workweeks of non-pay status in a waiting period is creditable service for advancement to steps 2, 3, and 4 of the General Schedule; four workweeks for advancement to steps 5, 6, and 7; and six workweeks for advancement to steps 8, 9, and 10 (5 CFR 531.406(b)). For prevailing rate employees (WG, WL, and WS schedules), an aggregate of one workweek non-pay status is creditable service for advancement to step 2, three weeks for advancement to step 3, and four weeks for advancement to steps 4 and 5 (5 CFR 532.417(b)).

Retirement:An aggregate non-pay status of 6 months in any calendar year is creditable service. Coverage continues at no cost to the employees while in a non-pay status. When employees are in a non-pay status for only a portion of a pay period, their contributions are adjusted in proportion to their basic pay (5 U.S.C. 8332 and 8411). The exception would be an employee who had substantial time in a non-pay status earlier in the year if the furlough causes him or her to have more than six month’s time in a non-pay status during the calendar year.

Career Tenure: The first 30 calendar days of each non-pay period is creditable service.

Probationary Period:An aggregate of 22 workdays in a non-pay status is creditable service.

Qualification Standards:There is no requirement to extend qualifying periods by the amount of non-pay status. However, agencies may require such extensions in order to meet training requirements or ability to perform.

Time-In-Grade requirements:Non-pay status is creditable service.

Reduction-In-Force:An aggregate of 6 months non-pay status in a year is creditable service.

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USDA Forest Service Questions and Answers on Furlough

Severance Pay:Non-pay status time is fully creditable for the 12-month continuous employment period required by 5 U.S.C. 5595(b)(1) and 5 CFR 550.705. However, for purposes of determining service creditable towards the computation of an employee's severance pay fund under 5 U.S.C. 5595(c)(1) and 5 CFR 550.707-708, no more than 6 months of non-pay status time per calendar year is creditable service.

Military Duty or Workers' Compensation:Non-pay status for employees who are performing military duty or being paid workers' compensation counts as a continuation of Federal employment for all purposes upon the employee's return to duty.

THRIFT SAVINGS PLANQ43. What would be the effect of a Government shutdown on the TSP? A. A Federal Government shutdown would not affect the TSP. Neither the TSP nor the Federal Retirement Thrift Investment Board receives annual appropriations from the Congress. Since the TSP is not dependent on Congressional appropriations, a Government shutdown would not affect the TSP; the TSP would continue to operate “business as usual.”

Q44. Will my TSP investments be affected? What about disbursements? A. Investment activity will continue. Share prices and account balances will continue to be updated each business day, and loans and withdrawals will continue to be disbursed.

Q45. What happens to my contributions? A. Because employees are not paid during a furlough, the TSP contributions will stop. FERS employees will not receive agency or matching contributions during this time.

Q46. Can I take a TSP loan while I’m furloughed?  A. Yes, if the employee is still employed by the Federal Government and the furlough is expected to last less than 30 days. Loan payments are deducted from the employee’s pay and therefore the employee must be in a pay status or expected to be in a pay status within the 30 days to be eligible. Before you request a loan, you should know the following:

If you expect to be furloughed on a continuous basis, you can only take a loan if your furlough is expected to last 30 days or less.

If you expect to be furloughed on a periodic basis (for example, one or two days per pay period), you can take a loan.

Loan payments are made by payroll deduction. If, because of a furlough, you don’t earn enough per pay period for your agency to deduct the required loan payment, you will be responsible for keeping your loan payments up-to-date so that you don’t risk a taxable distribution. (Properly repaid TSP loans are not subject to income taxes or penalties.)For more information see: https://www.tsp.gov/PDF/formspubs/oc95-4.pdf

Q47. What happens to my loan payments while I’m furloughed? A. If you have an outstanding loan and you are furloughed, your loan payments will stop because they are deducted from your pay. If you miss a loan payment as a result of the furlough, you always have the option to make direct

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USDA Forest Service Questions and Answers on Furlough

payments to the TSP. If your non-pay status is less than 30 days, you do not need to notify the TSP; however, you are still responsible for ensuring that your loan payments are up-to-date. If your non-pay is expected to last — or has been extended — for more than 30 days, you or your agency or service must contact the TSP and provide the documentation TSP-41.

The TSP will notify you if you have missed more than 2½ loan payments at the end of any calendar quarter. The notice will provide you with the amount needed to bring your loan up-to-date (the cure” amount). If you do not submit this amount by the required date, the unpaid balance (including any accrued interest) will be declared a taxable distribution. This means the TSP must report to the IRS any outstanding loan balance and interest as income to the you, and you will be required to paytaxes (and potentially a 10% early withdrawal penalty) on the amount. https://www.tsp.gov/PDF/formspubs/oc13-7.pdf

Q48. Does my agency have to send in a Form TSP-41 notifying the TSP that I have been furloughed? A. Your agency should not send a Form TSP-41 to the TSP during a Federal Government shutdown unless the shutdown lasts more than 30 days. A shutdown is a rare occurrence and is typically of short duration. The Form TSP-41 is intended for participants who are being placed on extended leave without pay, e.g., due to illness, military furlough, maternity leave, etc. It is not practical for the agencies to complete and submit Forms TSP-41 for all of their furloughed employees who have TSP loans (both at the beginning of the furlough and at the end), and it is not practical for the TSP to process these forms.

Q49. Can the Government take money from the TSP to resolve the financial situation? A. No, the money in the TSP is held in trust for its participants. Neither Congress nor the administration can take money from your TSP account.

Q50. What happens to my annual limit that I had planned on having withheld for TSP? A. If you had setup your withholdings to have the maximum $17,500 and $5500 for catch up, you will need to readjust your withholdings for the remainder of the year in order to make up for the amount NOT withheld while on furlough.

OTHER PAY ACTIONSQ51. I have an allotment set up for a specific bank or financial institution. What will happen to my pay allotment if I am furloughed? A. When you enter into a non-pay status, the allotment amount will stop during the furlough period and will resume upon return to pay status. If the allotment was going toward, e.g., to pay a loan, you will need to work with your financial institution to make arrangements for any missed transactions.

Q52. Upon return to duty, if I can’t afford to have the same amount of an allotment taken out from the next pay check, how do I change my allotment? A. Employees can make changes to allotments at anytime through your Employee Personal Page (EPP). You can access EPP the same way you log onto Paycheck 8. Follow the instructions below:

Access EPP from your work station:

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USDA Forest Service Questions and Answers on Furlough

Click on the “Connect HR (Dashboard) link which can be found on any Forest Service website on either the right or left hand menu bars

Click on the “eAuthentication” button Click on “I Agree” button Enter your User ID and Password Click on “Employee Personal Page” link on left menu bar Click on “I Agree” button Click on “eAuth Log In” at bottom of page Click on the “Allotment” button on the left hand menu to begin your enrollment or to

make a change. Follow the online instructions.

Access EPP from home: Go to: www.nfc.usda.gov Click on the green “EPP” button on the right side menu box Click on the “I Agree” button Click on the “eAuth Log In” button in the USDA Federal Employees box Click on the “I Agree” button Enter your User ID and Password Click on the “Allotment” button on left hand menu to begin your enrollment or to make a

change. Follow the online instructions.

Q53: When my pay is insufficient to permit all deductions, what is the order precedence for withholdings? A: This Order of Precedence for civilian Federal employees applies only when gross pay is not sufficient to permit all deductions; it will be used to determine the order in which authorized deductions from an employee's pay will be processed. More detailed information can be found at: OPM Letter PPM-2008-01: Order Of Precedence When Gross Pay Is Not Sufficient To Permit All Deductions.

1. Retirement 2. Social Security (OASDI) Tax 3. Medicare Tax 4. Federal Income Tax 5. Basic Health Insurance Premium 6. Basic Life Insurance Premium 7. State Income Tax 8. Local Income Tax 9. Collection of Debts Owed to the U.S. Government

a) Continuous Levy under the Federal Payment Levy Program (tax debt) b) Salary Offsets

10. Court-Ordered Collection/Debta) Child Supportb) Alimony c) Bankruptcy d) .Commercial Garnishments

11. Optional Benefits a) Health Care/Limited-Expense Health Care Flexible Spending Accounts b) Dental c) Vision

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USDA Forest Service Questions and Answers on Furlough

d) Health Savings Account e) Optional Life Insurance Premiums f) Long-Term Care Insurance Premiums g) Dependent-Care Flexible Spending Accounts h) Thrift Savings Plan (TSP)

1. Loan Payments 2. Basic Contributions 3. Catch-up Contributions

i) Other Optional Benefits 12. Other Voluntary Deductions/Allotments

a) Military Service Depositsb) Professional Associationsc) Union Duesd) Charitiese) Bondsf) Personal Account Allotmentsg) Additional Voluntary Deductions

13. IRS Paper Levies

Q54. I can’t access EPP. How else can I make a change to my allotment? A. If you are not able to access EPP from work prior to a furlough or you cannot access EPP from home, you can open an ASC-HRM case using one of the following methods:

Send an e-mail to the Albuquerque Service Center - Human Resources Management Contact Center at ASC_HCM_Contact_Center@fs.fed.us.

Call the ASC-HRM Contact Center at (877) 372-7248 (Select Option 2 and follow the prompts)

Q55. When will my allotment change become effective? A. If you make your change through EPP, the effective date defaults to the most current pay period and the effective date is the defaulted pay period. You can also choose a future pay period effective date. Note: You must make your change prior to submitting your time card for approval if the change is in the same pay period. If you submit your time card first, your allotment will become effective the next pay period rather than the defaulted pay period.

Q56. What other type of changes can I make in EPP? A. If you are able to log into EPP you can make the following types of pay change:

Direct Deposit Financial Allotments Federal and State Tax Withholdings Health Savings Account Withholdings (if enrolled) TSP TSP Catch Up

Q57. If the continuing resolution expires on September 30, 2013, will employees get paid for pay period (PP) 18 and for the time worked in PP-19 through September 30, 2013? A. Yes. The National Finance Center (NFC) will process pay on schedule for PP-18 and PP-19. Employees who receive direct deposit will receive their pay on Monday, September 30 and October

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USDA Forest Service Questions and Answers on Furlough

15, 2013, respectively. Employees who do not have direct deposit will receive a paper check on October 3 and October 17, 2013, respectively.

Q58. What happens if the furlough continues through an entire pay period? A. NFC can generate T&A’s for furloughed employees for all USDA agencies. We are still exploring the unintended consequences if we will go this route.

Q59: How will I know when to return to work? A. You will have several options to check on the status of the furlough:

You can call the ASC-HRM Contact Center at (877) 372-7248, a Government Furlough update status will be provided.

You can go to the OPM website at www.opm.gov /Operating_Status_Schedules and get the current status of the federal government.

You can listen for media releases on a continuing resolution, or for the approval of a new appropriations bill.

Q60. How can my within grade increase be affected? A. An employee’s waiting period to receive their next step increase may be extended depending on which step they currently hold. For example, a GS employee at step 6 is allowed up to 4 weeks of non-pay status before the waiting period becomes extended by any non-pay in excess of the 4 weeks.

IRREGULAR TOURS OF DUTYQ61. How do I determine the number of furlough hours for alternative work schedule (AWS) employees during a "shut-down" or "emergency" furlough? Can I reschedule a nonworkday that occurred during the furlough?A. You will be furloughed for the number of hours they were scheduled to work on the days for which there was a lapse in appropriations. Each agency that has an AWS program should have a policy specifying how flexible and compressed work schedules must be established and when they may be changed. Normally, such schedules are established in advance of the pay period involved. Under such a policy, an AWS nonworkday scheduled to occur during a lapse in appropriations should not be changed after the pay period begins.

Q62. What about employees who work on a seasonal or intermittent basis? A. Seasonal employees are recalled to duty at identified periods of the year in accordance with pre-established conditions. Intermittent employees are non-full-time employees without a regularly scheduled tour of duty. Whether either group is called for work during the period in which furloughs are scheduled is discretionary with agencies.

PERFORMANCE AWARDS AND WITHIN-GRADE INCREASESQ63. May agencies deny or delay within-grade or step increases for white-collar and blue-collar employees? A. Within-grade and step increases for white-collar and blue-collar employees are awarded on the basis of length of service and individual performance. Such increases may not be denied or delayed solely because of lack of funds. However, extended periods of non-pay status (e.g., because of a furlough for lack of funds) may affect the timing of such increases. For example, a General Schedule employee in steps 1, 2, or 3 of the grade who is furloughed for more than 2 workweeks during the waiting period would have his or her within-grade increase delayed by at least a full pay period. (See 5 CFR 531.406 (b)).

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USDA Forest Service Questions and Answers on Furlough

DOCUMENTATION OF FURLOUGHQ64. How is time on furlough and leave without pay documented? A. An SF-50, "Notification of Personnel Action," must be prepared for each individual subject to furlough (or a list form of notification for a group of employees who are to be furloughed on the same day or days each pay period). A return-to-duty SF-50 is necessary only for return from a consecutive furlough, not for a return from a discontinuous furlough. (See Chapters 15 and 16 of The Guide to Processing Personnel Actions . )

If the specific furlough dates are known when a 471/Furlough action is prepared, these dates must be shown in the remarks section of the 471/Furlough action document (SF-50, or list form). If specific dates are not known, then agencies must prepare an 002/Correction action (SF-50) to the 471/Furlough action (or a list form of notification for a group of employees similarly situated) with remarks documenting the total number of days or hours of the furlough when those dates become known.

When the total number of days for a 472/Furlough NTE is increased, a 772/Ext of Furlough NTE (date) must be prepared. For new calendar periods of furlough, a new furlough action must be prepared. For all other changes in the dates on which a furlough will occur, an 002/Correction action must be prepared.

Agencies are reminded that for members and former members of the uniformed services who are subject to the "pay cap" reporting procedures, a copy of the furlough notice, and of the return to duty notice when one is issued, must be sent to the appropriate uniformed service finance center (addresses of the centers are in Chapter 8 of The Guide to Processing Personnel Actions), since days in non-pay status will affect the person's retirement pay. When an SF-50 or a list form of the notice is issued to document a furlough, the copy of the notice which is sent to the pay center must have the employee's SSN and DOB and dates of furlough added to it to ensure proper adjustment of his/her retirement pay.

MISCELLANEOUS FAQsQ65. Will a furlough personnel action look bad in my Official Personnel Folder? A. No. A furlough is recognized as a temporary, non-pay status brought about by lack of work or funds, or other non-disciplinary reasons. This action in no way negatively reflects upon your individual performance or conduct.

Q66. If an employee has been contracted by the State to work for the Forest Service, can he/she work during the furlough? What if the project has a deadline? A: If employees' salaries are paid entirely from another non-Federal agency during a Government-wide lack of funds, they could continue to work. However, if it takes a federally funded employee to supervise the work, then they cannot continue to work. This would be true even with project deadlines.

Q67. What happens to time limited appointments that expire during a furlough? A: Furloughs do not extend the time limits for temporary (5 CFR 316.401(c)) and term (5 CFR 316.301 (a)) appointments. If your Human Resources office intends to extend the time limited appointment, it may be extended prior to the furlough or, the individual may be reappointed after the furlough in accordance with 5CFR 316.401(c) or 5 CFR 316.302(b)(7).

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USDA Forest Service Questions and Answers on Furlough

Q68. What will happen to employees who would have retired while their agencies were shut down?A. For employees who, on or before the requested retirement date, submitted some notice of their desire to retire, agencies should, when the lapse in appropriations ends, make the retirement effective as of the date requested. The retirement request may be informal (such as a letter requesting retirement), and can be either mailed or personally submitted to the agency (even if put under the door). Any additional required paper work such as the formal retirement application form, may be completed when the agency reopens. No time spent by the retiree in such actions after the effective date of the retirement may be considered as duty time, since the individual would no longer be an employee of the agency.

CONTINUATION OF PAYQ69: If an employee is receiving continuation of pay (COP) due to job-related injuries, can the COP be terminated or interrupted by furlough? A: If an employee sustains a traumatic injury and is receiving COP before furlough days have been scheduled, COP should continue. However, if an employee sustains a traumatic injury and has already been scheduled for one or more furlough days, then there would be no COP entitlement for any day that the employee was not scheduled to work due to an administrative furlough. http://www.dol.gov/owcp/dfec/FECA-benefits-furlough.htm

INJURIES WHILE ON FURLOUGHQ70: If an employee is injured while on furlough is he/she eligible for workers' compensation? A: No. Workers' compensation is paid to employees only if they are injured while performing their duties. Employees on furlough are not in a duty status for this purpose.

APPEALS AND GRIEVANCESQ71: What is the difference between a “covered” employee and one that is “not covered”?

A: Employees “covered” under 5 CFR 752 have certain procedural/appeal rights in the event of a furlough. A description of “covered” and “non-covered” employees is outlined below.

“Covered employees” are entitled to the procedural rights of 5 C.FR. §752.404(c) and include the following:

A competitive service career or career conditional employee who is not serving a probationary or trial period.

A competitive service employee who has completed one year of current continuous service not on a temporary appointment limited to one year or less. (An employee on a term appointment for more than one year, such as Post Doctorial Scientists in ARS is covered.)

An excepted service “preference eligible” veteran who has completed one year of current continuous service in the same or similar position.

An excepted service “non-preference eligible” who has completed two years of current continuous service in the same or similar position under other than a temporary appointment limited to two years. (A Pathways Intern, Recent Graduate and Presidential Management Fellows employee appointed under Schedule D with a term of more than one year (and not temporary) is covered.)

An employee with competitive status who occupies a position in Schedule B of part 213 of Title 5 Chapter 1. (An employee who has served at least 90 days in a Schedule B position for which they competed and who applies and reassigned to a position in the

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USDA Forest Service Questions and Answers on Furlough

SES Candidate Development Program (excepted service position under Schedule B appointing authority) is covered.)

An employee who was in the competitive service at the time his or her position was first listed under Schedule A, B, or C of the excepted service and who still occupies that position;

Employees “not covered” are not entitled to the procedural rights listed in 5 CFR 752.404(d) and include the following:

An employee whose appointment is made by and with the advice and consent of the Senate.

An employee whose position is excepted from competitive service (by the President, OPM, or the head of the agency) and the position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by the President. (An employee in a Schedule C position or who is a political appointee is not a covered employee.)

A Presidential appointee. A reemployed annuitant. A Foreign Service member as described in section 103 of the Foreign Service Act of

1980. An alien or noncitizen occupying a position outside the United States. A non-preference eligible employee serving a probationary or trial period under an initial

appointment in the excepted service pending conversion to the competitive service, unless the employee meets the requirements of 5 CFR 752.401(c) (5). (An employee (including an individual with a disability) hired under Schedule A who has not been converted to a competitive service appointment is not a covered employee).

An employee whose position has been excluded from the appointing provisions of title 5, United States Code, by separate statutory authority in the absence of any provision to place the employee within the coverage of chapter 75 of title 5, United States Code.

An employee in the competitive service serving a probationary or trial period, unless he or she meets the requirements of 5 CFR 752.401(c) (2).

Q72: As a covered employee, can I file a grievance or appeal on a furlough action? A: A covered employee has the right to file a grievance under an applicable negotiated grievance procedure or file an appeal with the MSPB. See 5 U.S.C. 7513(d), 5 C.F.R. 752.404(d) (2), 5 C.F.R. 752.405. As a furlough is a matter appealable to the MSPB, it is excluded from coverage from the USDA’s administrative grievance system. If a furlough is covered by an applicable negotiated grievance procedure, a grievant may elect to file a grievance under that procedure OR an appeal to the MSPB, both not both. As provided at 5 U.S.C. 7121(e)(1), if a matter covered by this subpart falls within the coverage of an applicable negotiated grievance procedure, an employee may elect to file a grievance under that procedure or appeal to the MSPB under 7701, but not both.

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