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10 Things to Know as a Furloughed Federal Employee

  1. When the government shutdown ends, you will get paid for the time you were furloughed. Congress passed the Government Employee Fair Treatment Act in 2019, which guarantees back pay for federal employees furloughed due to a government shutdown. However, the Office of Management and Budget’s (OMB) online FAQ Shutdown page recently deleted references to this law. NARFE will stay on top of this as more information unfolds.
  2. You cannot volunteer to work. The Antideficiency Act, which provides the legal rules governing government operations during a shutdown, prevents non-excepted federal employees from performing any job-related functions during a shutdown.
  3. You cannot use annual leave or other paid time off as an alternative to being furloughed.  Paid time off creates a debt obligation that the Antideficiency Act does not authorize if no appropriation has been made.  This includes previously scheduled paid leave. “The requirement to furlough supersedes leave and other paid time off rights,” according to OPM.
  4. Your health insurance coverage will continue. Even if an agency does not make premium payments on time, employees in the Federal Employees Health Benefits (FEHB) program will be covered. Because furloughed employees enrolled in the FEHB program will be in nonpay status, the enrollee’s share of the FEHB premium will accumulate and be withheld from pay upon return to pay status.
  5. Payments into your federal retirement plan accounts cease when you enter nonpay status. Employee contributions to the Thrift Savings Plan must come from payroll deductions, so furloughed employees cannot make payments into their plans. Agencies are also prohibited from matching contributions into their employees’ plans during this time. These contributions will be made retroactively when the government is funded.
  6. Your years of service toward your retirement will not be affected by a short-term government shutdown. You are allowed to leave without pay for six months in a year before it would be considered a break in service.
  7. You should not use any government-provided information technology, including laptops and cell phones, except to check for updates on furlough or recall (return to work) status intermittently. The Antideficiency Act prevents nonworking federal employees from performing any job-related functions during a shutdown if the government cannot pay for it.
  8. You may be entitled to unemployment compensation depending on your state’s unemployment compensation requirements. Find out about the requirements in your state here.
  9. You need to be cautious about taking on a second job. As a federal government employee, you are still subject to executive branch-wide standards of ethical conduct and rules regarding outside employment, even when you are furloughed.
  10. You can take action to pressure Congress to end the shutdown. Call your members of Congress using NARFE’s phone or send them an email by clicking here.