Furlough for 30 Days or Less (Non-Disciplinary Action)
Shutdown and administrative furloughs are actions that place employees in a temporary non-duty and non-pay status because of lack of work/funds or for other non-disciplinary reasons. Furloughs for 30 calendar days or less shall be taken in accordance with procedural requirements in Chapter 75 of Title 5 United States Code (U.S.C.) and 5 Code of Federal Regulations (CFR) Part 752.
A shutdown (emergency) furlough occurs when there is a lapse in appropriations, expiration of a continuing resolution or other unforeseeable circumstances/emergencies requiring immediate curtailment of activities. Typically there is very little time to implement a shutdown furlough; therefore, the procedural requirements to provide employees an advance written furlough notice and an opportunity to reply to the notice are not required prior to making the furlough effective. However, reasonable efforts (e.g., face-to-face, telephone) should be taken to notify employees of the furlough until they can be given a written decision furlough notice.
An administrative (planned event) furlough is typically a planned event by management due to lack of work, budget matters (e.g., sequestration), etc. Because this is a planned event and there is time to execute the furlough in accordance with all procedural requirements in Title 5 U.S.C and 5 CFR, employees shall be given the following:
- At least 30 days advance written notice
- A reasonable amount of time, but not less than 7 days, to review the material relied on to support the proposed action, to answer orally and in writing or both, and to furnish affidavits and other documentary evidence in support of the answer
- An opportunity to be represented by an attorney or other representative
- A written decision notice that includes the specific reason(s) for the decision at the earliest practicable date
- Information for filing a Merit Systems Protection Board (MSPB) appeal; a Mix-Case Equal Employment Opportunity (EEO) complaint; a Whistleblowing Reprisal Complaint with the Office of Special Counsel (OSC) and option of a subsequent Individual Right of Action (IRA) Appeal to MSPB; and for employees covered by a Collective Bargaining Agreement, Negotiated Grievance Procedures that permits a grievance for MSPB-appealable actions
A furlough for more than 30 calendar days shall be taken in accordance to Reduction-In-Force (RIF) procedures. Additional furlough information (including Q&As) can be found at CPOL http://cpol.army.mil/library/general/2013sequestration.