Earlier this week, news outlets reported about a draft White House memo that indicates the government will not pay furloughed federal workers after the shutdown ends. The White House’s position relies upon a new interpretation of the Government Employee Fair Treatment Act, or GEFTA, which President Trump signed into law in 2019.
GEFTA applies to employees “of the United States Government or of a District of Columbia public employer furloughed as a result of a covered lapse in appropriations[.]” A furlough is temporary placement in an unpaid, non-duty status. A furlough resulting from a lapse in appropriations is also called a shutdown furlough. However, the government can also conduct an administrative furlough.
What is the difference between an administrative furlough and a shutdown furlough?
An administrative furlough is an event that an individual government agency plans in advance. The purpose of an administrative furlough is to absorb reductions necessitated by downsizing, reduced funding, lack of work, or other budget situations other than a lapse in appropriations. An agency may schedule an administrative furlough for a consecutive period (e.g., for two full weeks) or discontinuously (e.g., one day per week for four months).
On the other hand, a shutdown furlough lasts for a consecutive period until funds are appropriated. While GEFTA guarantees back pay for employees on a shutdown furlough, it does not apply to employees on an administrative furlough. In other words, employees on an administrative furlough do not and will not receive back pay when the furlough ends. This is because the purpose of the administrative furlough is to reduce agency costs.
Is an administrative furlough an adverse action?
If an administrative furlough lasts fewer than 30 calendar days (or 22 workdays), employees are entitled to adverse action procedures. However, if the furlough continues for 30 calendar days or more (or 22 workdays or more), the government must follow reduction in force (“RIF”) procedures. Absent unforeseeable circumstances, the government must give employees written notice 30 calendar days in advance, stating the specific reasons for the furlough.
Do I need an employment attorney?
If you are subject to RIF procedures due to an administrative furlough that lasts for more than 30 calendar days or 22 workdays, contact us to assist you. Alan Lescht and Associates, P.C., has extensive experience representing federal employees. Contact us today to schedule a consultation with an experienced attorney to discuss your situation and learn how we can help you achieve the best possible outcome during this challenging time.
