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Work Performed by Excepted and Exempted Employees During a Funding Lapse

What work can exempted and excepted employees perform during a lapse in government funding?

  • Employees Funded Through Other Than Annual Appropriations:  Those employees funded through sources other than annual appropriations, such as a trust fund or multi-year funding, may continue performing their normal functions.  For the few employees that are funded with two sources, a lapsed source and an exempt source, if the employees have not been furloughed by virtue of the exempt source, they may only perform activities related to the exempt source.
  • Leave-Exempt Presidential Appointees (E.g., Secretary, Deputy Secretary, Certain Administrators and Assistant Secretaries):  Leave-exempt Presidential employees can continue to perform their normal functions.
  • Life and Safety:  Those employees excepted due to the life and safety exception should only perform work related to their life and safety function.
  • Support Employees:  Employees excepted from furlough due to their supporting functions should only perform work on those activities they support that are exempted or excepted from the furlough.
    • If the support employee is excepted to perform support work for life and safety personnel, the employee should only perform the support work for the life and safety personnel. 
    • If the support employee provides support to a leave-exempt Presidential appointee, the support employee may perform any work related to supporting that appointee.  By way of example, appropriate work may include providing advice to the appointee or preparing or reviewing materials that the appointee will ultimately need to review or approve.  
    • Similarly, if the support employee provides support for the trust funded or multi-year funded employees or positions unaffected by furlough, the support employee may perform any work that supports those functions. 
    • Support employees should not perform support work for non-exempt or non-excepted functions of the Department.
Updated: Friday, December 21, 2018
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