Thousands of Employees Called Back

IRS Releases New Filing Season Plan

The IRS today issued an updated tax filing season contingency plan that has been approved by the Treasury Department and the Office of Management and Budget. Under the plan, the IRS indicated that it will recall 36,000 more employees to prepare for the tax filing season.

Once again, the IRS is using the “call tree” process to contact employees. The IRS will begin contacting employees as early as today to return to work. Employees who receive a call are obligated to return to work as directed.

NTEU understands this recall will add to the anger and frustration that you already rightfully feel. Many of you were forced to stay home or work without pay, and now thousands more employees will be on the job without a paycheck. On top of this, some employees previously dealt with the chaos of being called back to work one day and told to stay home the next.

Last week, NTEU filed a lawsuit alleging that the executive branch can’t continue to force more employees to work in exchange for a promise they will be paid later. NTEU was in court today arguing our case and asking for an immediate temporary restraining order to stop the administration from obligating funds to federal employee salaries that Congress has not yet appropriated. While a judge denied NTEU's request for a temporary restraining order, he did set a court date later this month for our request for a preliminary injunction.

The union also is moving forward with a separate lawsuit challenging the administration’s authority to force thousands of federal employees to work without pay. If processing tax returns is an essential government service that should not be suspended during a shutdown, then the employees who provide that service should be compensated on their regular pay day, as required by law.  

The IRS needs to get ready for the impending filing season, and employees want to work. But the bottom line is, you need a paycheck now. We will continue to drive home this message to Congress and the administration and tell your story to the media and the American public. NTEU is in close contact with the IRS, and we will continue to voice your concerns and get your questions answered on this transition.

Despite this stressful and uncertain time, you remain committed to your job and the American people, and we thank you.

Unemployment Benefits

Employees who are recalled but still seeking unemployment benefits should be aware that some states allow residents to receive unemployment benefits if they are working but not receiving a paycheck. Laws vary by state and more information is available here. You may need to provide a completed SF-8 form and a furlough letter from the agency. NTEU has received reports that the IRS is not providing timely salary information to state unemployment offices. The union has contacted the agency to fix this problem.

Hardships

The IRS must consider an employee's request not to work due to a hardship. While hardships are not defined in the agreement, they could be financial in nature. Employees seeking a hardship exemption should provide as much detail as possible. Beyond hardships, employees cannot simply refuse to come into work. 

 Contingency plan can be found here https://home.treasury.gov/system/files/266/IRS-Lapse-in-Appropriations-Contingency-Plan_Filing-Season_2019-01-15.pdf