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Emergency Situations That Prevent Employees from Reporting for Work

The following guidance is intended to assist you in emergency situations that prevent or delay employees from reporting for work. We encourage you to review the Office of Personnel Management's (OPM's) Emergency Preparedness Guides, which are available at http://www.opm.gov/emergency/.

"Emergency Employees" and "Mission-Critical" Emergency Employees

Agencies should designate "emergency employees" that are critical to agency operations in dismissal or closure situations. In addition, agencies should identify a cadre of "mission-critical emergency employees" who might be activated during emergencies involving national security, extended emergencies, or other unique situations. Emergency employees are necessary to continue agency operations in a variety of emergency situations and may be directed to report for work when the agency is closed. The guidance below typically will not apply to emergency employees, unless their employing agency determines that circumstances justify excusing emergency employees from work. Additional information on the designation of "emergency employees" is included in the "Washington, DC, Area Dismissal or Closure Procedures" available at http://www.opm.gov/oca/compmemo/dismissal.pdf.

Employees Who Are Prevented From Reporting For Work or Who Experience Unanticipated Short-Term Commuting Delays

Without prior approval from the OPM, an agency may grant excused absence to employees who are prevented from reporting for work because of emergency conditions or to employees who experience unanticipated short-term commuting delays. For example, if an employee is unable to report for work due to security measures, congested roads, disruption of power and/or water, or interruption of public transportation, an agency may use its discretionary authority to excuse the affected employee from work without charge to leave or loss of pay. Excused absence should be granted only for short periods of time. Unless otherwise instructed, "emergency employees" are expected to report for work.

Employees Who Experience Long-Term Commuting Delays

Employees may experience delays in reaching and entering their worksites for extended periods due to emergency or hazardous situations or heightened security measures. In these situations, employees should anticipate longer, more difficult commutes and should take appropriate action to ensure that they are able to report for work on time or request annual leave, other paid time off, or leave without pay. Unless otherwise instructed, "emergency employees" are expected to report for work.

Employees Who Are Directed Not To Report for Work for Emergencies of Short Duration

In the event of severe hazardous conditions, disruption of public services, or other emergency situations of short duration, employees may be instructed not to report for work. If an employee is prevented from working because he or she has been instructed by the head of his or her agency or other authorized official not to report for work, the employee normally will be excused from work without loss of pay or charge to leave. Agency management also may wish to consider use of alternative worksites, where appropriate and feasible. Unless otherwise instructed, "emergency employees" are expected to report for work.

Dismissal or Closure Procedures

Agencies in the Washington, DC, area should continue to follow the "Washington, DC, Area Dismissal or Closure Procedures" in emergency situations that prevent significant numbers of employees from reporting for work on time or which require agencies to close all or part of their activities. The "Washington, DC, Area Dismissal or Closure Procedures" are available at http://www.opm.gov/oca/compmemo/dismissal.pdf.

Federal Executive Boards and Federal Executive Associations coordinate similar dismissal or closure procedures in other major metropolitan areas.

Changing Employees' Work Schedules

During emergency situations, agencies may need to change employees' work schedules to meet mission requirements. Typically, an employee's tour of duty must be scheduled in advance of the administrative workweek and must consist of 5 consecutive workdays, with the same working hours each day. However, 5 U.S.C. § 6101(a)(3) provides for an exception to these requirements when the head of an agency determines that his or her organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased. In addition, if the head of an agency finds that a particular alternative work schedule (AWS)-i.e., a flexible or compressed work schedule- has had an "adverse agency impact," the agency must terminate the AWS under 5 U.S.C. 6131(a)(2). If the use of AWS is provided for in a collective bargaining agreement, the agency may reopen the agreement and negotiate the termination of the AWS. (See 5 U.S.C. 6131(c)(3)(A).) Additional information on alternative work schedules is available at http://www.opm.gov/oca/worksch/index.asp, and additional guidance on labor relations issues can be found in OPM's publication Negotiating Flexible and Compressed Work Schedules, which is at http://www.opm.gov/lmr/html/flexible.asp.

For further information see:

Fact Sheets