The term “excepted” is used to refer to employees who are funded through annual appropriations who are not subject to furlough because they are performing work that, by law, may continue to be performed during a lapse in appropriations. Excepted employees include employees who are performing emergency work involving the safety of human life or the protection of property or performing certain other types of excepted work.
The term “non-excepted” is used to refer to employees who are funded through annual appropriations and who are subject to furlough because they are not performing work that the law permits to continue during a lapse in appropriations.
Determination of Excepted and Non-Excepted Employees:
Agency legal counsels, working with senior agency managers, determine which employees are designated to be handling “excepted” and “non-excepted” functions.
Employees are “exempt” from furlough if they are not affected by a lapse in appropriations. This includes employees who are not funded by annually appropriated funds. Employees performing those functions will generally continue to be governed by the normal pay, leave, and other civil service rules.