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Yes, OPM may approve agency requests for exceptions to the 1040-hour limitation for seasonal temporary employees in both the excepted and competitive service.
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Yes
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Schedule A (5 CFR 213.3102(i)(2)) may be used without OPM approval to fill critical positions for 30 days. These appointments may be extended for an additional 30 days so agencies can determine their longer-term needs in dealing with pandemic influenza.
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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.
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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.
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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.
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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.
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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
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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.
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There is no authority that would permit an employee to use sick leave to care for a child who is healthy or kept at home to prevent exposure to the flu. An employee is not necessarily entitled to use sick leave just because the child’s school has been closed to prevent exposure to the flu (a commonly used tool for social distancing) or for sanitation of the school building. Once the CDC has determined the flu is a serious communicable disease and a health care authority or health care provider has determined that the child’s exposure to the communicable disease would jeopardize the health of others, the employee would be entitled to use sick leave to care for that child.
An employee may use a total of up to 104 hours (13 days) of sick leave each leave year care for a child or other family member exposed to a serious communicable disease. In addition, depending on the particular circumstances, an employee may request to use annual leave, advanced annual leave, advanced sick leave or other paid time off, such as earned compensatory time off, earned compensatory time off for travel, and earned credit hours. An employee may also request leave without pay. Employees should consult with their agency human resources office to determine how their agency policy applies to their situation.
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