Click here to skip navigation
This website uses features which update page content based on user actions. If you are using assistive technology to view web content, please ensure your settings allow for the page content to update after initial load (this is sometimes called "forms mode"). Additionally, if you are using assistive technology and would like to be notified of items via alert boxes, please follow this link to enable alert boxes for your session profile.
An official website of the United States Government.

Latest News News

You have reached a collection of archived material.

The content available is no longer being updated and as a result you may encounter hyperlinks which no longer function. You should also bear in mind that this content may contain text and references which are no longer applicable as a result of changes in law, regulation and/or administration.


News Release

FOR IMMEDIATE RELEASE
Friday, August 13, 2004
Contact: Brendan LaCivita
Tel: 202-606-2402

OPM Director Kay Coles James Issues Emergency Flexibilities for Federal Agencies in Advance of Hurricane Charley

Equips heads of federal agencies and managers with flexibilities to mitigate loss of life and potential damage

Washington, D.C. - U.S. Office of Personnel Management (OPM) Director Kay Coles James today issued guidelines (attached) to heads of federal agencies and departments on measures they can take to mitigate the effects of Hurricane Charley on the federal work force.

"I am deeply concerned about the potential loss and destruction that Hurricane Charley and its aftermath may cause to areas of Florida and the East Coast, especially following so closely to Tropical Storm Bonnie," James wrote in the memorandum.

"President Bush recognizes the generosity and responsiveness of his team of federal employees, and I strongly encourage managers to grant excused absence to employees who are requested to assist in authorized emergency law enforcement, relief, and clean-up efforts in affected communities by federal, state, or other officials having jurisdiction and whose participation in such activities has been approved by their employing agency," wrote James.

In her memorandum, James stated her desire to bring agency heads up-to-date on actions being taken in preparation for Hurricane Charley. "These actions with respect to Hurricane Charley, are consistent with our guidance in previous natural disasters such as Hurricane Isabel last year," wrote James.

In the memorandum, James reminded agency heads of the options available to immediately assist them in hiring additional federal staff to respond quickly to this disaster. In addition, James asked heads of agencies and departments to excuse from duty without charge to leave or loss of pay federal employees who are affected by Hurricane Charley and its aftermath and who can be spared from their usual responsibilities.

"I encourage you to exercise this authority in the event any employee performs emergency overtime work in connection with Hurricane Charley and its aftermath," James wrote.

James suggested agency Chief Human Capital Officers contact their OPM Human Capital Officer for needed assistance, and agency employees should contact their agency human resources office if they have questions or concerns regarding personnel matters.

According to the latest OPM personnel statistics, there are an estimated 74,000 federal employees in Florida.

 

CPM 2004-15 - August 13, 2004

MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

FROM:

KAY COLES JAMES
Director

SUBJECT:

Hurricane Charley

I am deeply concerned about the potential loss and destruction that Hurricane Charley and its aftermath may cause to areas of Florida and the East Coast, especially following so closely to Tropical Storm Bonnie. Many parts of the Federal Government are being mobilized to respond to this disaster and to assist you in those relief and recovery efforts, I want to:

  • advise you of the actions OPM is taking with respect to Hurricane Charley and its aftermath; these actions are consistent with our guidance in previous natural disasters such as Hurricane Isabel last year; and
  • remind you of the various human resources (HR) flexibilities already available to you to immediately hire and/or deploy additional staff to respond to this disaster.

President Bush recognizes the generosity and responsiveness of his team of Federal employees, and I strongly encourage managers to grant excused absence to employees who are requested to assist in authorized emergency law enforcement, relief, and clean-up efforts in affected communities by Federal, State, or other officials having jurisdiction and whose participation in such activities has been approved by their employing agency. (This policy does not apply to Federal employee members of the National Guard or Reserves who are called up to assist in disaster relief and recovery efforts, since they are entitled to military leave under 5 U.S.C. 6323(b).) In addition, I am requesting that excused absence be granted to employees who are prevented from reporting for work or faced with a personal emergency because of the hurricane and its aftermath, and who can be spared from their usual responsibilities.

Premium Pay for Employees Performing Emergency Overtime Work

Agencies are reminded of their authority under the law (5 U.S.C. 5547(b)) and OPM regulations (5 CFR 550.106) to make exceptions to the biweekly premium pay limitations. When the head of an agency or his or her designee determines that an emergency posing a direct threat to life or property exists, an employee who is receiving premium pay for performing overtime work in connection with the emergency will be subject to an annual pay limitation rather than the biweekly pay limitation (with the exception of certain fixed premium payments, such as availability pay, as specified in 5 CFR 550.107). Employees paid under an annual limitation receive premium pay only to the extent that the aggregate of basic pay and premium pay for the calendar year does not exceed the greater of the annual rate for:

  1. (1) GS-15, step 10 (including any applicable special salary rate or locality rate of pay),
    or
  2. (2) level V of the Executive Schedule.

(Section 1114 of Public Law 107-107, December 28, 2001, modified the biweekly and annual limitations on premium pay under 5 U.S.C. 5547. For additional information on administering the annual premium pay limitation, see OPM's interim regulations on premium pay limitations at 67 FR 19319, April 19, 2002, or http://www.opm.gov/fedregis/2002/66-0019319-a.htm.)

I encourage you to exercise this authority in the case of any employee who performs emergency overtime work in connection with Hurricane Charley and its aftermath. You must make the determination as soon as practicable and make entitlement to premium pay under the annual limitation effective as of the first day of the pay period in which the emergency began.

Emergency Leave Transfer Program

The President may direct OPM to establish an emergency leave transfer program to assist employees affected by an emergency or major disaster. The emergency leave transfer program would permit employees in an executive agency to donate unused annual leave for transfer to employees of the same or other agencies who have been adversely affected by the hurricane and who need additional time off from work without having to use their own paid leave. If you believe there is a need to establish an emergency leave transfer program to assist employees affected by Hurricane Charley, please contact your OPM Human Capital Officer.

Emergency Critical Hiring

Under 5 CFR 213.3102(i)(2), you may make 30-day appointments in the excepted service to fill a critical hiring need. You may extend these appointments for an additional 30 days. You may use this authority to fill Senior Level positions, as well as positions at lower grades; you also determine what qualifications are required. Career Transition Assistance Plan (CTAP), Reemployment Priority List (RPL), and Interagency CTAP (ICTAP) requirements under 5 CFR part 330 do not apply to these appointments.

Direct-Hire Authority

This authority allows you to appoint candidates directly where OPM determines there is a critical hiring need, or a shortage of candidates, for particular occupations, grades (or equivalent), and/or geographic locations. This authority can be Governmentwide or limited to one or more specific agencies depending on the circumstances.

OPM has granted Governmentwide direct-hire authority for GS-0602 Medical Officers, GS-0610 and GS-0620 Nurses, GS-0647 Diagnostic Radiologic Technicians, and GS-0660 Pharmacists at all grade levels and all locations; and for GS-2210 Information Technology Specialists (Information Security) positions at GS-9 and above, at all locations, in support of Governmentwide efforts to carry out the requirements of the Government Information Security Reform Act and the Federal Information Security Management Act.

You may give individuals in the categories, occupations and specialties, and grades listed above competitive service career, career-conditional, term, temporary, or emergency indefinite appointments, as appropriate. In all cases, you must adhere to public notice requirements in 5 U.S.C. 3327 and 3330, and ICTAP requirements.

If you feel you have one or more occupations for which an agency-specific direct-hire authority may be appropriate in support of Hurricane Charley relief and recovery efforts, please contact your OPM Human Capital Officer.

Other Flexibilities

You may contract with private sector temporary employment firms for services to meet your emergency staffing needs. These contracts may be for 120 days and may be extended for an additional 120 days, subject to displaced employee procedures.

You may make competitive service appointments for 120 days or less without clearing CTAP or ICTAP. However, these programs may help you identify one or more well-qualified, displaced Federal employees who are available for immediate employment.

Current/former employees on your agency RPL are another immediate source of qualified individuals available for temporary, term, or permanent competitive service appointments. Conversely, in some cases, you may wish to make an exception to the RPL provisions to appoint someone else under 5 CFR 330.207(d).

For additional information on any of these flexibilities, agency Chief Human Capital Officers and/or Human Resources (HR) Directors may contact their assigned OPM Human Capital Officer. Employees should contact their agency human resources offices for assistance.

cc: Chief Human Capital Officers
Human Resources Directors

- end -

Our mission is to Recruit, Retain and Honor a World-Class Workforce to Serve the American People. OPM supports U.S. agencies with personnel services and policy leadership including staffing tools, guidance on labor-management relations and programs to improve work force performance.


Control Panel