Updated: December 15, 2011

Purpose:
This policy provides contingency planning in event of a funding hiatus caused by the absence of appropriations, either through failure to pass a regular appropriation bill or a continuing resolution.

Policy:
In the event of a funding hiatus, the Institute will proceed with the orderly shutdown of operations, beginning on the first workday of the hiatus, and will limit all work activity to actions necessary for such a shutdown. It is estimated that such actions will require not more than one-half workday. Since it is assumed that such a hiatus would be temporary and of short duration, no action will be taken that will impede the orderly commencement of operations once funds are available. The President or his designee will notify all Senior Vice Presidents (SVPs) and Vice Presidents (VPs) regarding which activities and personnel are designated as excepted and therefore exempt from the furlough, as well as the duration of each exemption.

Action:
The following actions will be taken to affect the shutdown:

A. Employees will be advised by the President or his designee of a possible funding hiatus as soon as such an event is deemed likely by management.

B. On the first workday of the hiatus, all employees should report to work as scheduled. SVPs and/or VPs will inform employees of the status of funding and instruct them to limit their work activities to those functions necessary for the orderly cessation of operations.

C. SVPs or their designee will be responsible for notifying absent staff of the furlough as soon as possible.

D. Employees will be notified by the President and/or the Chief Human Resources Officer, either orally or in writing, of their furlough. All payments scheduled to be paid during the furlough period, which were authorized under prior appropriations, e.g., travel and per diem, contract payments, IPA supplemental salary or per diem, etc., will be delayed until the furlough period is ended.

E. Employees on Leave

1. On Annual Leave – Employees on approved annual leave will be notified that as of the completion of shutdown activities, all leave is cancelled for the duration of the shutdown. Such employees will be furloughed for the full hiatus period and, when funds are restored, either returned to duty or placed on annual leave, as appropriate. SVPs/VPs must make every effort to reschedule the annual leave cancelled due to a shutdown for use before the end of the current leave year, especially if such leave may be subject to forfeiture at the beginning of the subsequent leave year.
2. On Family Medical Leave – Employees who are on approved Leave Without Pay (LWOP) under the FMLA on days that coincide with the period of furlough will continue to be charged LWOP. Consistent with law and regulations, the LWOP taken under the FMLA is part of the 12-week entitlement. However, an employee who was scheduled during the furlough to take paid leave under the FMLA (i.e., an employee chooses to substitute annual leave or sick leave, as appropriate, for unpaid leave under the FMLA) must be placed on furlough instead. Since the paid leave was canceled, the period of absence may not be used to reduce the 12-week entitlement to FMLA leave.
3. On Continuation of Paid Leave – Employees who are receiving Continuation of Pay (COP) due to job-related injuries, will be maintained on COP status during periods of furlough.
4. On Advanced Sick or Annual Leave – No advanced sick or annual leave is authorized for use during a funding hiatus. Upon a lapse of appropriations such leave must be cancelled and the employee furloughed.

F. Employees on Travel – Regular employees on travel status, including those on travel in connection with training or details funded by the Institute, should be contacted by their SVP/VP and told that they will be furloughed as of the completion of the shutdown and should return to Washington, D.C. immediately. These employees will be paid the appropriate per diem for travel to return to their duty stations.

G. Employees on Details – Employees on non-reimbursable details to other agencies must be notified of the exact date and time at which they are to be furloughed, i.e., at the conclusion of the shutdown, and instructed to notify the appropriate officials of the agency to which detailed of their furlough status.

H. Contractor Service – A shutdown affects persons serving the Institute under contract agreements. Institute contractors will be notified if they are conducting excepted tasks, and if so, may be called into work during the shutdown. Contractors should reach out to the Chief Procurement Officer to obtain guidance and clarification on expectations of performance in the event of a shutdown. Any such communication should be documented.

I. Official files will be secured as they would be if the agency were to be closed for a long weekend. Employees should ensure that official papers for which they are responsible are secured.

J. Administrative processing of the payroll for the pay period will continue as necessary to insure that employees are paid on time for all work prior to the closedown. Timekeepers will record time and attendance on all timecards for the current pay period through the final hour of the shutdown and submit the authorized timecards to the Accounting Manager for forwarding to the GSA National Payroll Center.

K. Responses to telephone inquiries to the Institute will be limited to explaining the funding hiatus.

L. The Director of Security will be responsible for notifying all appropriate Federal and non-Federal parties of the Institute shutdown to ensure continuity of security services.

M. Directors are responsible for notifying all contract vendors scheduled to execute the terms of a contract during the anticipated hiatus period of the lapse of appropriations, with assurances that the contracted services will be rescheduled or resumed when funds are restored. Expenses incurred by reason of necessary cancellations will also be paid when funds are restored.

N. It is expected that the agency closedown will be completed by mid-day of the first workday of the hiatus. SVPs/VPs will take such actions to ensure orderly accomplishment of this goal. Offices that will require additional time to affect the closedown will notify the Chief Human Resources Officer immediately as it becomes apparent.

O. It is the employee's responsibility to stay informed as to the status of agency funding during the hiatus. Employees are expected to report to work as scheduled on the first workday after the enactment of an appropriation or continuing resolution that makes funds available to the Institute.

EMPLOYEE BENEFITS

A. Unemployment Compensation Benefits – Furloughed employees are not eligible for unemployment compensation benefits for any week in which salary exceeds the maximum unemployment compensation payable. Therefore, employees who wish to apply for unemployment compensation should file a claim with the District of Columbia Unemployment Compensation Board during the first week in which salary does not exceed the maximum unemployment compensation benefit. The first week in which a claim is filed is considered a waiting period and no unemployment compensation will be paid for that week. Unemployment compensation payments will commence at the beginning of the week after the one in which an eligible claim is filed. The information and employment certification necessary to file unemployment compensation claims will be furnished to all furloughed employees by the Human Resources Office as an attachment to the notice of furlough.

B. Health Benefits Costs - All employees enrolled for coverage under the Institute’s Health Benefits Program will pay the employee's share of the premium cost for the elected coverage for each pay period during which enrolled, whether in a pay or non-pay status. Therefore, enrolled employees will incur an indebtedness to the Institute equal to the amount of the employee contribution for health benefits for each pay period in which no deductions are made. Once returned to a pay status, the delinquent amount will be automatically deducted from the bi-weekly gross pay, in addition to other authorized deductions, until the indebtedness is liquidated. Employees may cancel their health benefits enrollment at anytime, thereby avoiding a debt accumulation beyond the pay period after the one in which the cancellation request is received in the Human Resources Office. Reenrollment following the furlough period will not be permitted, however, until the employee is again eligible due to the occurrence of a qualifying event, including open season.

C. Leave Accrual – For leave accrual purposes, the effect of the furlough period for covered employees will be as described below:

1. Full-Time Employees
   Under current leave regulations, employees that are in non-pay status for 1-5 days of the pay period will accrue half of their regular sick or annual leave accruals. Employees who are on pay status for 6-10 days of the pay period will not accrue leave during that pay period.
2. Part-Time Employees
   Part-time employees will accrue consistent to the above, but pro-rated based on their regularly scheduled hours.

D. Life Insurance - For most employees, this benefit will remain unaffected by the furlough period.

E. Workers Compensation - Employees who are injured while on furlough or LeaveWithout Pay (LWOP) are not eligible to receive workers compensation. Workers compensation is paid to employees only if they are injured while performing their duties. Employees on furlough or LWOP are not in a duty status for this purpose. An employee who is receiving workers' compensation payments will continue to receive workers' compensation payments during a furlough and will continue to be charged LWOP.

F. The Human Resources Office will notify the appropriate finance centers of the furlough actions on employees receiving military retired or retainer pay.

Cognizant Office:
The Chief Human Resources Officer has overall responsibility for this policy and maintains reporting and monitoring procedures. The Human Resources department should be contacted for interpretations, resolution of problems, and special situations.