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With a possible government shutdown looming, federal employees and retirees are asking questions of how it affects their pay, leave and annuity payments.
Below are a few frequently asked questions from the Office of Personnel Management’s 2021 Guidance for Shutdown Furloughs
SEE ALSO: What Happens to Federal Pay, Retirement & Holidays During a Government Shutdown?
Federal Employee Pay During a Government Shutdown
Will federal employees who are furloughed get paid?
Yes. After the lapse in appropriations has ended, employees who were furloughed as the result of the lapse will receive retroactive pay for those furlough periods. (See 31 U.S.C. 1341(c)(2).) Retroactive pay will be provided on the earliest date possible after the lapse ends, regardless of scheduled pay dates. (See 31 U.S.C. 1341(c)(2).)
If retroactive pay cannot be provided by the normal pay date for the given pay period, it will be provided as soon as possible thereafter. Retroactive pay is provided at the employee’s “standard rate of pay.”
Will employees performing excepted work be paid for performing such work during a shutdown furlough? If so, when will excepted employees receive such payments?
Yes. After the lapse in appropriations has ended, employees who were required to perform excepted work during the lapse will receive retroactive pay for those work periods. (See 31 U.S.C. 1341(c)(2).)
Retroactive pay is provided at the employee’s “standard rate of pay.” If the retroactive 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
Federal Retiree Annuity Payments During a Government Shutdown
I’m a federal retiree. Will I still receive my monthly annuity payment during a government shutdown?
Yes. Federal retirees under the CSRS and FERS retirement systems will still receive their scheduled annuity payments on the first business day of the month.
Federal Employee Leave and Time Off During a Government Shutdown
May a furloughed employee take previously approved paid time off (e.g., annual leave, sick leave, paid parental leave, disabled veteran leave, court leave, military leave, or leave for bone marrow/organ donor leave, or compensatory time off, including religious compensatory time off) during a lapse in appropriations?
A. No, a furloughed employee may not use previously approved paid time off during a lapse in appropriations. Consistent with the Constitution, the Antideficiency Act does not allow authorization of any expenditure before an appropriation is made.
Also, the Antideficiency Act does not allow the Government to incur budgetary obligations before an appropriation is made—unless authorized by law (31 U.S.C. 1341(a)(1)(B)). Based on law and OMB and DOJ guidance, certain types of obligations (but not expenditures) are allowed during a lapse in appropriations.
The use of previously approved paid time off during a lapse in appropriations would create an obligation or a debt owed by the Government that is not authorized by the Antideficiency Act or other law during a lapse (except under a special provision for excepted employees in 31 U.S.C. 1341(c)(3)), and is thus prohibited.