The Briefing Room
General Category => Editorial/Opinion/Blogs => Topic started by: ABX on January 17, 2019, 08:21:25 pm
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Something said on Rush yesterday prompted me to dig into to federal regulations regarding furloughed workers and what happens after a certain period of time. According to what I am finding , after 30 calendar days or 22 work days, many departments begin to issue Reduction In Force notices. Ie, employees begin to be laid off.
How does the length of a shutdown furlough affect the procedures that are used to
implement the furlough of employees?
A. The length of a shutdown furlough does not affect the procedures that are used.
For most employees, shutdown furloughs lasting 30 calendar days or less (22 workdays) are
covered by OPM regulations under 5 CFR part 752, adverse action procedures. Shutdown
furloughs lasting 30 calendar days or less (22 workdays) for career appointees in the Senior
Executive Service (except reemployed annuitants) are covered under 5 CFR part 359, subpart
H. See Question P.6a. below regarding noncareer, limited term, or limited emergency
appointees in the SES and reemployed annuitants holding career appointments.
Shutdown furloughs lasting more than 30 calendar days (22 workdays) are also covered by
OPM regulations under 5 CFR part 752, adverse action procedures or 5 CFR part 359,
subpart H, as applicable. When the shutdown furlough goes beyond 30 days, agencies should
treat it as a second shutdown furlough and issue another adverse action or furlough notice.
NOTE: Reductions in force (RIF) furlough regulations and SES competitive furlough
requirements are not applicable to emergency shutdown furloughs because the ultimate
duration of an emergency shutdown furlough is unknown at the outset and is dependent
entirely on Congressional action, rather than agency action. The RIF furlough regulations
and SES competitive furlough requirements, on the other hand, contemplate planned,
foreseeable, money-saving furloughs that, at the outset, are planned to exceed 30 days.
See first guidance document-
https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/#url=Shutdown-Furlough (https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/#url=Shutdown-Furlough)
...and this for affected employees. https://www.law.cornell.edu/cfr/text/5/part-752/subpart-B (https://www.law.cornell.edu/cfr/text/5/part-752/subpart-B)
This may be why Rush didn't want to talk about this. It may really change the story if suddenly most of these 800k workers are laid off or face that possiblity. Even if they think they are facing it, the tone could change.
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Also this....
https://www.law.cornell.edu/cfr/text/5/part-752/subpart-D (https://www.law.cornell.edu/cfr/text/5/part-752/subpart-D)
5 CFR Part 752, Subpart D - Regulatory Requirements for Removal, Suspension for More Than 14 Days, Reduction in Grade or Pay, or Furlough for 30 Days or Less
30 days seems to be the key number we are looking at with this. Oherwise many will start to lose their jobs, not just be suspended.
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A bit more info:
https://www.thebalancecareers.com/reduction-in-force-1669479 (https://www.thebalancecareers.com/reduction-in-force-1669479)
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It seems there are two ways you can look at this.
1. This could be an opportunity to clean house of many career bureaucrats.
Or
2. This could cause a huge backlash by furloughed workers afraid to lose their jobs.
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It seems there are two ways you can look at this.
1. This could be an opportunity to clean house of many career bureaucrats.
Or
2. This could cause a huge backlash by furloughed workers afraid to lose their jobs.
I choose option 1.
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So, if they are laid off does that mean they can collect unemployment? Because if they can collect unemployment checks it would be the best way for them to help the economy........according to Nutso Nancy. I guess then she would have to stop talking about how Trump is hurting the affected workers. :shrug:
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Good. Find another job. These are all non-essential employees. No more gravy train. Great way to trim the 'budget", that the democrats don't want to fix, or deal with, like 8 years of obama. NO BUDGET.
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I'll take Option 1 for a billion in savings Alex.
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If they've been off the job this long and neither Putin or Xi are sitting in the Oval Office with their boots on the desk, then Get Rid Of Them. We can do Without them.