Furlough: FAQs

A shutdown furlough is the placing of an employee in a temporary non-duty, non-pay status because there is a lapse in appropriations.

For most employees, furloughs are covered under adverse action procedures found in subpart D of part 752 of title 5, Code of Federal Regulations (C.F.R.). Furloughs for Senior Executive Service members are covered in subpart H of part 359 of title 5, C.F.R. Refer to the OPM guidance website for additional information.

Components may develop general planning documents in preparation for a lapse in appropriations. In doing so, Components should ensure that they update their contingency plans to conform to the most recent OPM and comptroller guidance.

Most employees will be directed to report to work to receive their Notice of Furlough in person and complete the orderly shutdown of operations.

Employees who are not available or who have not been directed to report to the office for personal delivery of their furlough notice may receive their notice electronically through agency email. The employee’s name, address, and/or e-mail address should be included on the decision notice so that it is clear the employee is receiving personal notification. The email notification must include instructions for the employee to acknowledge receipt. Acknowledgment of the notice may include a return e-mail from the employee acknowledging receipt; a copy of the notice returned with either a scanned copy of the personally signed document; or an electronic signature, if this feature is available. If agency email access is not available or a receipt of an email notice is not received, the notice must be mailed to the employee’s home address of record by registered mail with return receipt requested.

Activities that use electronic signatures will have to be prepared to establish the foundation for the authenticity of such signatures. Auto pens can be used as long as the Deciding Official can personally testify that he or she has personally made the decision in the case and has directed use of the auto pen. The person actually operating the auto pen must be able to testify that he or she acted at the specific direction of the Deciding Official.

Yes. While an employee ultimately must receive a written notice of decision to furlough, it is not required that such written notice be given prior to effecting the emergency furlough or in person. Advance written notice (including through e-mail) is preferable, but when prior written notice is not feasible, then any reasonable notice (e.g., telephonic, oral, personal e-mail, or by mail promptly after the furlough) is permissible.

Non-excepted employees will be expected to report to work on their next scheduled work day following the lapse in appropriations to carry out orderly shutdown activities. These shutdown activities may include receiving and acknowledging furlough notices, completing any required time and attendance, setting email/voicemail out-of-office notifications, securing files, and other activities necessary to preserve the employee’s work. Employees performing these activities will be entitled to compensation. Supervisors must ensure shutdown activities are completed in the most expeditious manner possible; generally such activities may not exceed three to four hours.

Supervisors may permit non-excepted employees who are scheduled to telework on their next scheduled work day to perform necessary shutdown activities from their telework location, if an existing telework agreement is in place. To the greatest extent practical, and as locally determined, agencies may allow other employees to conduct necessary shutdown activities from a remote location, even without an existing telework agreement, if the nature of the employees’ shutdown activities are de minimis (i.e., can be completed in approximately 15 minutes). For example, such activities would include receiving and acknowledging receipt of an electronic furlough notice and adjusting voicemail and email to reflect current work status.

Employees should not report to duty on a non-workday to receive a furlough notice. This includes employees on alternative work schedule whose regular day off falls on the first day of a furlough. Instead, they should receive a furlough notice on their next regularly scheduled workday.

Employees should listen to public broadcasts and monitor the OPM website (www.opm.gov) to keep abreast of the latest news regarding the budgetary status of the United States Government.

There is no legal requirement to provide written notification amending the original notice of decision to furlough. Therefore, once a determination is made by the appropriate official that an employee should be recalled for all, or a portion of the remaining furlough period, the supervisor/manager can inform the employee by any reasonable method (e.g., telephonic or personal email).

If it is later determined that a recalled employee’s services are no longer necessary to engage in an excepted function, the supervisor/manager can inform the employee by any reasonable method (e.g., telephonic, oral, or personal email) and is not required to issue a new notice of decision to furlough, provided such determination is made during the time period indicated in the original notice of decision to furlough.

Supervisors/managers should document changes in status from non-excepted to excepted, or vice versa in order to provide source documentation to effect any resulting pay and/or personnel actions. Such documentation may be by: memorandum for record, e-mail communications, spreadsheet, or similar means.

At the conclusion of a shutdown furlough, OPM will release specific guidance on how to prepare a Standard Form (SF) 50, “Notification of Personnel Action,” for each individual subject to furlough.

Time spent in a non-pay status (including furlough) is credited as follows:

Career tenure: The first 30 calendar days of each non-pay period is creditable service. (5 C.F.R. §

315.201(b)(3)(ii)(A))

Probationary period: An aggregate of 22 workdays in a non-pay status is creditable service. (5

C.F.R. § 315.802(c))

 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: Non-pay status is creditable service. (5 C.F.R. § 300.605(a))

Service computation date for leave purposes: Up to six months in non-pay status is creditable. (5

U.S.C. § 6303(a))

Service creditable for within-grade-increases: The time in a non-pay status that is creditable is

determined by the employee’s current step (See 5 C.F.R. § 531.406(b) for General Schedule employees & 532.417(c)(2) for Federal Wage Schedule employees)

Furloughs do not extend the not-to-exceed date of time limited appointments or promotions. Agencies have the option to separate temporary employees rather than include them in the furlough.

Furloughs do not extend the time limits for temporary and term appointments. An agency may extend the time limited appointment prior to the furlough, or the individual may be reappointed after the furlough in accordance with 5 C.F.R. § 316.302(b)(7) or 5 C.F.R. § 316.401(c).

No. Unless otherwise authorized by law, an agency may not accept the voluntary services of an individual. (See 31 U.S.C. § 1342.)

Entrance on duty (EOD) dates for employees scheduled to transfer to a new DoD Component or non-DoD Agency will be delayed until after a continuing resolution or budget is passed. The employee will remain on the rolls of their former Component or Agency until the new transfer effective date. Once appropriations are made, a new effective date must be negotiated between the gaining and losing Component or Agency, ensuring that a break in service does not occur to avoid affecting the employee’s leave and benefits. Effective dates for transfers should be delayed to the beginning of the next pay period following the end of the shutdown furlough, when feasible, to avoid payroll complications.

The processing of EOD actions for individuals going to excepted positions during a shutdown furlough should be delayed as discussed in Questions 15. Although the employee may be entering into an excepted position, the activities involved with onboarding the new individual are not considered an excepted activity.