Frequently Asked Questions Pandemic

If an employee schedules “use or lose” annual leave in writing before the third biweekly pay period prior to the end of the leave year, and the leave is canceled due to an exigency of the public business (i.e., an urgent need for the employee to be at work), the employee may request restoration of the forfeited annual leave. See fact sheet on Restoration of Annual Leave.

If an employee is currently on a flexible work schedule, an agency may continue to allow the employee to remain on a flexible work schedule during a pandemic health crisis. However, employees do not have a statutory or regulatory entitlement to work a particular work schedule. Changes in an employee’s work schedule are within the discretion of the employing agency, as long as the changes are consistent with law, regulations, and any applicable negotiated agreement.

An employee’s official worksite is the location of his or her position of record where the employee regularly performs his or her duties.  For an employee covered by a telework agreement, scheduled (while in duty status) to report at least twice each biweekly pay period on a regular and recurring basis to the regular worksite for his or her position of record, the regular worksite is the official worksite, and the employee is entitled to the locality rate designated for the regular worksite. However, OPM’s regulations at 5 CFR 531.605(d)(3) permit an agency to make a temporary exception to the requirement that a telework employee report at least twice each biweekly pay period to the regular worksite and allow the telework employee’s official worksite to remain the regular worksite.

Agencies should have contingency plans to restore individuals with restoration rights within required time periods. Once restored, agencies must treat such employees the same as other employees until the situation is resolved.

Contact your agency's human resources office if you need guidance on the procedures for the distribution of personal effects, records, and resolution of family matters. Also, direct the deceased employee's family to the Internet guide entitled, What You and Your Family Need To Know About Your Federal Benefits During an Emergency. The guide discusses the procedures involved in obtaining benefits for the family after an employee dies. See Section IV-F of the Human Resources Planning Guide.

Some examples of when these authorities may be useful include the following:

• 30-day appointments and appointments of up to 120 days may be used to employ individuals with specialized knowledge, skills, abilities, or competencies immediately to address a pandemic health crisis while the agency determines whether longer-term staffing options will be needed

• The 1-year, 1040-work hours per year authority could be useful if a pandemic health crisis affects only an isolated geographic area

An agency may cancel an employee’s scheduled annual leave.  An employee may use annual leave for personal needs, such as vacations, but his or her supervisor has the right to schedule the time at which annual leave may be taken.  An agency has no obligation or authority to reimburse an employee for costs incurred by an employee resulting from the cancellation of his or her leave.  

Yes, there is some flexibility. In an emergency, management has the right to alter working conditions without bargaining prior to implementing the change. However, post-implementation bargaining may be required. In this regard, if management follows applicable procedures contained in existing collective bargaining agreements, bargaining would not be required over the procedure. In situations where an agency wishes to use different procedures, or where there are no existing contractual procedures or past practices covering the action, an agency may have post-implementation bargaining obligations. With regard to any of these situations, supervisors and managers should seek guidance and advice from their Office of General Counsel and human resources personnel.