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Furloughs Due To Extended Emergencies

The following guidance is intended to assist you in emergency situations that require prolonged absence from duty. 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/.

In the event of a prolonged shutdown due to severe or hazardous conditions, disruption of public services, or other emergency situations, an agency may find it necessary to furlough non-emergency employees. Such an action places an employee in a non-duty, non-pay status for the duration of the furlough. Under 5 CFR part 752, subparts C and D, agencies must follow adverse action procedures when furloughing covered employees for 30 days or less. Under normal conditions, these regulations require an agency to give employees against whom an adverse action is to be taken at least 30 days notice and an opportunity to respond before the action is taken. However, under 5 CFR 752.404(d)(2), agencies need not follow these two requirements when an adverse action furlough is based on "unforeseeable circumstances," such as sudden breakdowns in equipment, acts of God, or sudden emergencies requiring the agency to curtail activities immediately. Under 5 CFR 351.201(a)(2), agencies must follow reduction in force procedures when furloughing employees for more than 30 days.

Guidance and information regarding furloughs based upon unforeseeable conditions can be found under "Guidance and Information on Furloughs" at http://www.opm.gov/furlough/furlough.htm. While this guidance discusses a shutdown or emergency furlough where the agency no longer has the necessary funds to operate, it also applies in situations where employees are prevented from reporting for work due to a sudden emergency requiring the agency to curtail activities immediately.

For further information see:

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