For general information regarding a shutdown ("emergency") furlough, please refer to the Office of Personnel Management's Guidance for Shutdown Furloughs.
The information below addresses SSA-specific shutdown furlough policies.
Furlough Requests, Hours of Work, Leave, Pay, and Other Time Off, and Holidays
Q: What happens if I am an excepted employee and I need to be absent during the shutdown?
A: Employees may request to be placed in a furlough status or request a period of absence by seeking approval to use paid leave (i.e., sick or annual). After the lapse in appropriations has ended, employees will be entitled to retroactive pay for furlough periods (authorized absences) without a charge to leave in accordance with applicable law. Retroactive pay will be provided on the earliest date possible after the shutdown ends. Generally, we do not expect employees to request to use paid leave since they will receive retroactive compensation for furlough periods without a charge to leave after the shutdown ends. However, if you requested and were approved to use paid leave to cover a period of absence, you will be charged for that leave. Retroactive pay for paid leave will be provided on the earliest date possible after the shutdown ends.
Employees may also request to be placed in Leave Without Pay (LWOP). Employees who submit new requests to use and are approved for LWOP are not entitled to receive retroactive pay for LWOP periods that occur during a furlough period. LWOP taken during a lapse of funding will not count towards time used under Family Medical Leave Act (FMLA). See Completing Notices and prepare the notice for employees who meet this description.
Q: Will I be paid for the week before the furlough?
A: Yes, you will be paid for all hours up through September 30, timely.
Q: How do we know furloughed employees will be paid after the shutdown ends?
A: A law was passed in 2019, codified at 31 USC 1341, that guarantees furloughed employees will be paid at the earliest date possible after the lapse in appropriations ends.
Q: Should employees who have paid leave (e.g., sick, annual) or unpaid leave (i.e., LWOP) under the Family and Medical Leave Act (FMLA) scheduled to be taken during a shutdown furlough period be furloughed and does it count toward the employee’s 12-week FMLA leave entitlement?
A: Any previously scheduled paid leave substituted for unpaid FMLA leave that occurs during a lapse in appropriations is cancelled unless the employee is excepted and elects to use paid leave. Paid leave must be canceled and converted to a furlough period-unless the employee performs excepted work or elects to use leave.
Any LWOP that was previously scheduled to be used under FMLA during a period when there is a lapse in appropriations will remain as LWOP. FMLA unpaid leave must be converted to regular LWOP.
The canceled FMLA unpaid leave periods (converted to regular LWOP) and the canceled periods of paid leave substitution (converted to furlough time) will not be considered FMLA leave and will not count against the FMLA leave 12-week limit.
Q: Does a shutdown furlough affect the accrual of annual leave and sick leave?
A: No, after the lapse in appropriations has ended, an employee is entitled to be paid the employee’s standard rate of pay during any furlough period. If the employee was scheduled to be in a pay status but for the furlough, the employee will receive the employee’s regular pay for furlough periods, and there will be no effect on the accrual of annual and sick leave. However, if an employee was previously scheduled to be in a nonpay status without regard to the furlough, the employee’s standard rate of pay will be zero, and the employee will remain in the scheduled nonpay status, which can affect the accrual of annual and sick leave under normally applicable rules governing the treatment of nonpay status periods.
Q: May supervisors approve my requests to earn religious compensatory time for religious observances that occur in the future?
A: Supervisors may approve requests from excepted employees to earn religious compensatory time for religious observances that occur in future. Request for earning religious compensatory time must be handled in accordance with applicable negotiated agreements and PPM Chapter S550_4. During a lapse in appropriations, excepted employees may only work on excepted activities to earn religious compensatory time. Excepted employees whose religious beliefs require them to abstain from work during a shutdown must request to be placed in furlough status. Furloughed employees may not earn religious compensatory time while in furlough status.
Q: May I change credit hours earned to religious compensatory time earned prior to receiving approval for religious compensatory time off?
A: No, employees may not change credit hours earned to religious compensatory time earned prior to receiving approval to earn religious compensatory time for religious observances that occur in the future. Request for earning religious compensatory time must be handled in accordance with applicable negotiated agreements and PPM Chapter S550_4.
Q: : What happens to credit hours in excess of 24 hours that were earned in the days prior to shutdown that could not be used because of the shutdown?
A: Employees may not use credit hours until after a government shutdown is over. Credit hours earned in excess of 24 hours cannot be carried over into the next pay period and are lost. The law does not provide for any exceptions. Therefore, employees should be encouraged not to request, and managers should be encouraged not to approve credit hour requests that exceeds the 24-hour limit whenever possible to avoid such a loss.
Q: How will SSA handle Federal holidays that occur during a government shutdown?
A: Federal holidays that occur during a government shutdown will be an unpaid furlough day for all Federal employees (excepted and non-excepted) unless they are required to report to perform excepted functions. All SSA offices will be closed to the public. No work will be performed except for employees who perform critical building or systems services and who are normally ordered to work on that day. Managers may not open any facilities that would normally be closed on the holiday. Supervisors must issue furlough notices to all excepted employees not required to work on the holiday.
Q: How many hours will employees on flexible 5/4-9 or 4/10 work schedules be furloughed during a holiday that occurs during the shutdown.
A: Flexible 5/4-9 employees will be furloughed for 9 hours on the holiday if the holiday falls on their 9-hour workday, and 8 hours, if the holiday falls on their 8-hour work day. Flexible 4/10 employees will be furloughed for 10 hours on the holiday.
Q: Will telework continue to be available during the shutdown?
A: Yes. The agency’s telework policies remain the same during the shutdown. Employees who have a telework agreement, reasonable accommodation (RA) authorizing telework, temporary work at home by exception (WAHBE) for medical reasons, or temporary compassionate assignment (TCA), or are homestationed without an assigned SSA office location may telework and continue their usual work schedules.
Q: May excepted employees change their telework days during the shutdown (e.g., from Monday to Thursday)?
A: Yes. The agency's telework policies remain the same during the shutdown.
Q: Can employees use webTA during a shutdown? How should employees record their time and attendance during a government shutdown?
A: No, employees cannot post both unpaid periods of time (codes105-Government Shutdown-Furloughed-non-pay status and 107-Government Shutdown-Excepted-non-pay-status) which must be used for payroll processing during the lapse in appropriation and hours of work which will not be used until after the lapse has ended into webTA for the same days. If a timesheet in webTA is accidently sent for payment with hours of work for a period during the lapse in appropriation, it would be a violation of the anti-deficiency act.
After appropriations lapse, employees should not post any hours worked in webTA. For employees working at the Official Duty Station (ODS), supervisors should provide an SSA-30, Serial Time and Attendance Roster and SSA-29, Serial Overtime or Holiday Work Attendance Roster for recording their time and attendance. Excepted employees working at their ADS must document their time and attendance by emailing their first-line supervisor at the start and end of their workday. For your convenience we have developed a fillable timesheet.
Once Congress passes an appropriations bill or continuing resolution, employees will receive a Human Resources Internal Communication message with instructions for entering their time and attendance during the shutdown into webTA.
Employee Services: Child Care Centers, Federal Credit Union, Fitness Centers
Q: How will a furlough affect the operating status of child care centers and Federal Credit Unions?
A: Because these programs are managed by outside providers, employees should contact their respective service providers for information regarding operating status.
Q: Will SSA Fitness Centers be open during a furlough?
A: Normally, all SSA Fitness Centers will be open. Employees should contact their respective Fitness Center coordinator(s) regarding operating status.
Q: Will the Employee Assistance Program (EAP) services be available during a furlough?
A: SSA's EAP service provider, ESPYR, will continue providing services. Employees can access EAP services by calling (877) 549-9528 or visiting our secure website http://www.ssaeap.com (Access Code: ssaeap). For Excepted employees, normal duty time flexibilities for attending EAP sessions continue to apply.
Outside Employment
Q: May employees obtain additional employment outside of SSA while in furlough status?
A: Yes. However, even while in furlough status, an individual is an employee of the Federal government. Therefore, the Executive Branch Standards of Ethical Conduct, which include rules on outside employment, continue to apply to employees on furlough. Additionally, there are statutes that prohibit certain outside activities.
SSA’s policy is to prevent the occurrence of a conflict of interest or circumstances that may adversely affect performance of duty or confidence in the Federal government. Employees may not personally and substantially participate in any official matter that may have a direct and predictable effect on the financial interest of a prospective employer or other person with whom there may be an arrangement for future employment. Therefore, employees should avoid employment with any person or entity that is a prohibited source (anyone who does business with SSA, attempts to do business with SSA, or receives benefits or payments from any program SSA oversees or administers). Employees may not allow or give the appearance that SSA endorses or encourages their participation in a specific outside activity. Employees are encouraged to complete an SSA Form 520 to document their participation in an outside activity during the furlough period.
Employees should refer to the Standards of Conduct (oge.gov) and then contact the Ethics Law Division at OGC.Ethics.Questions@ssa.gov for guidance prior to seeking outside employment.
Unemployment Insurance Benefits
Q: May employees who are furloughed file for unemployment compensation?
A: Furloughed employees may become eligible for unemployment compensation. State unemployment compensation requirements differ. Some states require a one week waiting period before an individual qualifies for payments. In general, the law of the state in which an employee’s last official duty station in Federal civilian service was located is State law that determines eligibility for unemployment insurance benefits. See the Department of Labor website “Unemployment Compensation for Federal Employees” at https://oui.doleta.gov/unemploy/unemcomp.asp .
The U.S. Department of Labor (DOL) is actively working with unemployment offices to provide technical assistance related to Unemployment Compensation for Federal Employees. State unemployment offices generally require an SF8, Unemployment Compensation for Federal Employees (UCFE) Program, Notice to Federal Employee about Unemployment Insurance, SF-50 (Notification of Personnel Action), Leave and Earnings Statement (LES), or Form W-2 (Wage and Tax Statement) as proof of federal employment.
To access your LES, go to EEX at www.employeeexpress.gov.
If you are unable to access EEX, please contact the IBC Customer Support Center at 720-673-9958 (interim contact number) or by email at Payroll_Helpdesk@ios.doi.gov request a copy of your LES and Form W-2.
Employees can use their most recent SF-50 as proof of their federal employment. If employees do not have a hard copy of their SF-50, they should use Microsoft Internet Explorer to access their SF-50 at the OPM eOPF site at https://eopf.opm.gov/doi/.
Include SSA’s Federal Employer Identification Number (84-1024566) when sending the State unemployment offices the SF-8.
Q: Are Federal employees required to repay the unemployment benefits received when or if wages are paid retroactively for the time that they were not working during the Government shutdown?
A: Please check with your State’s unemployment insurance office.
Q: Once the shutdown has ended, may I cancel my unemployment insurance claim?
A: Please check with your State's unemployment insurance office.
Promotions, Extensions, Temporary Appointments
Q: Will I receive scheduled promotions during the furlough or extensions of temporary appointments if the temporary appointments expire during the furlough?
A: No. The following activities will be discontinued during the furlough period: hiring of new personnel; extensions of appointments; promotions, including career ladder promotions and extensions of promotions; and the processing of all discretionary personnel actions that would result in increased payroll costs. All discretionary personnel actions will be processed after the shutdown ends.
Q: May new employees who are scheduled to report for duty during the shutdown report for duty?
A: No. New employees may not report for duty, and all new employee orientations are cancelled until the furlough ends. As a part of wind-down activities, servicing personnel offices must contact individuals who were scheduled to report and inform them that the Agency must delay reporting dates until the shutdown ends.
Travel
Q: What is the effect of a furlough on employees in travel status?
A: Employees in travel status must return to their permanent duty stations as soon as possible in the event of a furlough, except when necessary to support excepted activities. The agency will pay expenses necessary to facilitate employees’ return to their permanent duty stations.
Employees en route to new permanent duty stations incident to relocation may continue on to their new duty stations. Employees on temporary duty or long-term duty assignments must act prudently in arranging for their travel back to their permanent duty stations as soon as possible.
Employees may arrange for transportation to their permanent duty stations by calling the agency's contracted travel agency (SatoTravel) at 877-371-8883. All Federal and agency travel and transportation policies still apply during a furlough period. If employees have any questions regarding Federal and agency travel policy, they may contact the agency’s Travel Help Desk at 410-597-1241.
Use of Electronic Devices
Q: During the shutdown, may furloughed employees use agency issued computers, laptops, single use devices, or blackberries?
A: Furloughed employees are not permitted to use any agency issued computers, laptops, single use devices, or blackberries as they are in a non-work status. Employees who are furloughed are not permitted to work, even if they desire to volunteer their time to do so.
Health Benefits, Insurance Coverage, Thrift Savings Plan (TSP), and Flexible Spending Accounts
Q: What is the status of Federal Employees Health Benefits (FEHB), Federal Employees' Group Life Insurance (FEGLI), Federal Employees Dental and Vision Insurance program (FEDVIP), or Federal Long Term Care Insurance Program (FLTCIP) during a furlough?
A: FEHB, FEGLI, FEDVIP, and FLTCIP program coverage may not be cancelled during a shutdown furlough. Following the lapse, each employee who returns to pay status will automatically begin to repay their share of premiums that accumulates during the lapse thorough payroll withholdings. FLTCIP enrollees may elect to make payments directly to the Carrier.
Q: During a furlough period, how do I make payments for missed TSP loan deductions?
A: In order to avoid a taxable distribution, employees must pay the missed payment amount directly to the TSP. Missed payments cannot be deducted from the next pay check. Employees may need to make payment arrangements directly with TSP. Visit: https://www.tsp.gov/tsp-loans/ contact the TSP Thriftline at 1-877-968-3778 for more information.
Q: Can an employee take a TSP loan while furloughed?
A: A lapse in appropriations does not prevent TSP participants from requesting a new TSP loan. The established eligibility requirements continue to apply. TSP participants can go to TSP.gov/tsp-loans or read the TSP Loans booklet for more information about eligibility requirements.
Q: What happens to my 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 claims for eligible health care expenses incurred during a non-pay status will not be reimbursed until the employee returns to a pay status following the lapse and allotments are successfully restarted. The remaining allotments are recalculated over the remaining pay periods to match the participant’s election amount. However, any claim submitted with dates of service prior to an employee entering non-pay status will be paid in accordance with existing procedures, up to the balance of the employee’s annual election.
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.
Employee Relations
Q: What is the treatment of employees who are absent without leave (AWOL) at the beginning of the lapse in appropriations?
A: Non-excepted employees who are absent at the beginning of the lapse in appropriations, and otherwise subject to furlough during the shutdown, should be provided a furlough notice and placed in a temporary non-duty, non-pay status because of the lack of appropriated funds. Thus non-excepted employees cannot be AWOL during this time, despite any belief the employees would not have otherwise reported to work. Employees should be coded the same as all other employees who are furloughed during this time. If employees fail to report to work following the end of the shutdown, they will be considered AWOL, and subject to any consequences that may follow from being AWOL after the shutdown ends. Conversely, if employees are excepted from furlough, ordered to report to work during the shutdown yet failed to do so, they would be considered AWOL during this time and subject to any consequences that may follow from being AWOL.
Q: What happens if an excepted employee refuses to show up for duty?
A: If an excepted employee is directed to perform excepted work but refuses to show up for duty, the employee will be charged AWOL, and may be subject to disciplinary action, for each day of absence. Employees will not be paid for AWOL hours after the lapse in appropriations ends. Employees who are disciplined for more than five days of AWOL in any calendar year will no longer be eligible for telework.