Pay and Leave Guidance for Federal Employees Affected by "Washington, DC, Area Dismissal or Closure Procedures"
Questions and Answers
These questions and answers must be read with the "Washington, DC, Dismissal or Closure Procedures" available at http://www.opm.gov/oca/compmemo/dismissal.asp.
Dismissal or Closure Before the Workday Begins
Q1. What does it mean when it is announced that Federal agencies are "CLOSED?" Are all employees excused from duty?
A1. When Federal agencies are closed, most employees, except those designated as "emergency employees," are excused from duty for the number of hours they were scheduled to work. In addition, agencies may also require "mission-critical" emergency employees to report for work. (See question 2.)
Q2. Who designates an employee as an "emergency employee?"
A2. The head of an agency or his or her designee designates "emergency employees" for his or her agency. The term "emergency employee" is used to designate those employees who must report for work in emergency situations as determined by their employing agency. The head of an agency or his or her designee generally should identify emergency personnel at least annually and notify them in writing that they are designated as "emergency employees." There are no standard definitions or categories of "emergency employees," and agency heads (or their designees) must make such determinations based on the agency's unique mission requirements and/or circumstances. The designation of an "emergency employee" may even vary according to the particular nature of an exigency. The notice identifying employees as "emergency employees" should include the requirement that "emergency employees" report for, or remain at, work in emergency situations and an explanation that dismissal or closure announcements do not apply to them unless they are instructed otherwise.
In addition, agencies may identify a cadre of "mission-critical" emergency employees who are expected to remain in contact with their agencies at all times during any closure situation and may be called to work during national emergencies, extended emergencies, or other unique situations. Agencies must identify the emergency situations in which "mission-critical" emergency employees will be expected to report for work and notify the "mission-critical" emergency employees of this policy. Agencies should direct "mission-critical" emergency employees to report for work either at their regular worksite or alternative worksite.
An agency may determine that circumstances justify excusing an "emergency employee" or a "mission-critical" emergency employee from duty, and he or she may be granted excused absence. If an agency determines that a situation requires "non-emergency employees" to report for or remain at work when Government operations are disrupted, the agency should establish a procedure for notifying them individually.
Q3. Are employees who telework required to work when their agencies are closed?
A3. Agencies may choose to require teleworkers to continue to work when the agency is closed on their regular teleworkday. An agency should include such a requirement in any formal or informal telework agreement. An agency that requires teleworkers to report may, on a case by case basis, excuse a telework employee from duty during an emergency if the emergency adversely affects the telework site (e.g., disruption of electricity, loss of heat, etc.), if the telework employee faces a personal hardship (e.g., no alternative child/elder care available) that prevents his or her working successfully at the telework site, or if the teleworker's duties are such that he or she cannot continue to work without contact with the regular worksite.
Q4. I was on pre-approved annual leave on a day when my agency was closed due to a snow emergency. Should the agency charge me annual leave for that day?
A4. No. If an agency is closed prior to the beginning of a workday, an employee may not be charged leave for that day. An employee on pre-approved annual or sick leave is granted excused absence for the entire day. (Note: This does not apply to employees on leave without pay, leave without pay for military duty, suspension, or in another nonpay status on the workday before and after the closure. These employees are not entitled to excused absence and should remain in their current status.)
Q5. I was on official travel in California on a workday when my agency was closed. Should I have been given excused absence for that day?
A5. If the closure of your agency made it impossible for you to continue work--i.e., your travel assignment required frequent contact with your agency--excused absence may be appropriate. However, if your work while on travel is not affected by the closure of your installation, you are expected to continue working. Your agency is responsible for making the decision regarding whether you are required to continue working or are granted excused absence under these circumstances.
Q6. Does an employee on leave without pay receive paid excused absence when the agency is closed?
A6. No. An employee on leave without pay, workers' compensation, suspension, or in another nonpay status does not receive excused absence when an agency is closed. An employee in a nonpay status has no expectation of working and receiving pay for a day during which the agency is closed and is therefore not entitled to be paid for his or her absence.
Q7. I am on an alternative work schedule (AWS). My agency was closed on my regular AWS day off. Shouldn't I get another day off since I worked extra hours to get an AWS day off?
A7. No. There is no entitlement to an "in-lieu-of" day off for employees who are not scheduled to work on a day when an agency undergoes closure or dismissal.
Some alternative work schedules allow an employee to meet his or her biweekly work requirement in less than 10 working days. If you participate in this type of work schedule, you did not work extra hours; you were simply fulfilling your biweekly work requirement. Your regular AWS day off is a scheduled nonworkday. An employee cannot be excused from duty on a nonworkday. Therefore, the excused absence does not apply to you. Your human resources office has further information on your agency's policies and requirements concerning alternative work schedules.
Q8. What does it mean when an "unscheduled leave" policy is announced?
A8. When an "unscheduled leave" policy is announced, employees not designated as "emergency employees" may request unscheduled annual leave or leave without pay without the prior approval of their supervisors. Non-emergency employees must inform their supervisors of their intent to take unscheduled annual leave or leave without pay. Employees designated as "emergency employees" are expected to report for work on time.
Q9. A 2-hour "delayed arrival" policy was announced, but I was 3 hours late reporting for work. Should my agency charge me leave? How much?
A9. When a "delayed arrival" policy is announced, non-emergency employees are expected to report for work no later than the designated number of hours (in your case, 2 hours) past than their normal arrival time. A non-emergency employee who arrives later than the designated number of hours should be charged annual leave for the excess time (in your case, 1 hour). However, in the case of unusual circumstances or hardship, an agency may choose to grant excused absence for the excess time. Employees designated as "emergency employees" are expected to report for work on time.
(Agencies may use the guidance in OPM's "Handbook on Alternative Work Schedules, December 1996" (section 12, "Flexible Work Schedules," paragraph 1) to determine the "normal arrival and departure times" of employees on flexible schedules. The handbook is available at http://www.opm.gov/oca/aws/index.htm.)
Q10. When a dismissal or closure announcement is made, are "emergency employees" and other employees who are required to work entitled to receive overtime pay, credit hours, or compensatory time off for regular hours worked?
A10. No. Employees who are required to work during their regular tour of duty on a day when their agency is closed (or employees are dismissed early) are not entitled to receive overtime pay, credit hours, or compensatory time off for regular hours worked.
Q11. What action may an agency take against an employee who is required to work on a day the agency is closed but who does not report for work?
A11. An employee may not be charged leave on a day when his or her agency is closed. In unique situations, an agency may determine that circumstances justify excusing an emergency employee or nonemergency employee from duty, and he or she may be granted excused absence without further action. However, if an employee who is required to work fails to report for duty without adequate reason for his or her absence, the agency may choose to place the employee on absence without leave (AWOL), and the employee may potentially be disciplined for the AWOL at the agency's discretion. The agency makes the determination as to whether the employee has adequate reason for his or her absence.
Early Dismissal After the Workday Begins
Q12. When the Government announces an "early dismissal" policy, may I leave immediately to join my carpool?
A12. When OPM authorizes an "early dismissal" policy, employees should be dismissed relative to their normal departure times from work. For example, if a 3-hour early dismissal is announced as a result of a snowstorm or hurricane, workers who normally leave their offices at 5:00 p.m. would be authorized to leave at 2:00 p.m. (i.e., the employee's early dismissal time).
(Agencies may use the guidance in OPM's "Handbook on Alternative Work Schedules, December 1996" (section 12, "Flexible Work Schedules," paragraph 1) to determine the "normal arrival and departure times" of employees on flexible schedules. The handbook is available at http://www.opm.gov/oca/aws/index.htm.)
Supervisors may exempt individual employees from early dismissal times under this policy only to avoid hardships (e.g., when there is no available public transportation or no alternative forms of child/elder care are available to the employee). (Also see question 12.) We note that the purpose of the "early dismissal" policy is to allow an orderly release of Federal employees in the Washington, DC, area so as to avoid traffic gridlock and overcrowding of the public transit systems.
Q13. If an employee leaves work before an "early dismissal" policy is announced, or before his or her early dismissal time, how much annual leave or leave without pay should be charged?
A13. An employee who leaves work before an "early dismissal" policy is announced, or before his or her early dismissal time, should be charged annual leave or leave without pay beginning at the time the employee left work and for the remainder of his or her scheduled workday. However, agencies have discretionary authority to grant a reasonable amount of excused absence for individual hardships or circumstances unique to an employee. For example, factors such as distance, availability of public transportation, or available alternatives to childcare or eldercare may be considered.
Q14. How are employees who are on pre-approved leave treated when an "early dismissal" policy is announced?
A14. Employees on pre-approved annual or sick leave for the entire workday when an "early dismissal" policy is announced should be charged annual or sick leave for the entire workday. Employees scheduled to take pre-approved leave after their early dismissal time may not be charged leave for that time period. (See question 15.)
Q15. I was scheduled to leave my office at 3:00 p.m. for a doctor's appointment (taking 1½ hours of sick leave). My agency dismissed employees 2 hours early, which meant my early dismissal time was 2:30. Should I be charged 1 ½ hours of sick leave?
A15. No. When an "early dismissal" policy is announced, an agency should grant excused absence for the remainder of the workday following the employee's early dismissal time even if the employee is scheduled to take leave after his or her early dismissal time.
Q16. I was on official travel and was scheduled to return to the office at 10 a.m. However, my flight was delayed and did not land until 4 p.m. My agency dismissed employees early that day at 12:00 p.m. I am not an "emergency employee." Am I entitled to receive additional pay or paid time off to make up for the 4 hours I was on travel after the agency closed?
A16. No. There is no entitlement to additional pay or paid time off (e.g., compensatory time off or credit hours) for employees who were on travel during normal work hours when an agency closes early.
Q17. What happens if an employee is scheduled to return from leave in the afternoon, and employees are dismissed from work before the employee's scheduled arrival time?
A17. If an employee is scheduled to return from leave after an "early dismissal" policy is announced, the agency should charge leave for the period prior to the employee's early dismissal time and grant excused absence for the remainder of the workday following the employee's early dismissal time.
Q18. We have an employee who commutes to his regular worksite in Washington, DC, from Philadelphia. He also teleworks from home 2 days a week. Is the employee excused from duty if Federal agencies are closed in Philadelphia because of a snow emergency, but Washington, DC, Federal agencies are not? The employee has a young child who would be home if the child's pre-school center is closed in Philadelphia, and he would not be able to work from home.
A18. Depending on the policy of his employing agency, an employee who teleworks from a remote location may be expected to continue working through any dismissal or closure of his or her regular worksite. In this scenario, however, since the employee's regular worksite in Washington, DC, is not closed, he would be expected to report for work at his alternative work site in Philadelphia or request annual leave or leave without pay.
