Article 48 | Furloughs

Section 1

Shutdown Furloughs Due to Lapse in

Appropriations / Debt Ceiling Limitations

In the event that funds are not available through an

appropriations law or continuing resolution, a shutdown

furlough occurs. Such a furlough may be necessary when

an agency no longer has the funds to operate and must shut

down those activities which are not excepted pursuant to

the Antideficiency Act, 31 U.S.C. §§ 1341 and 1342. 

151

2016 National Agreement | Internal Revenue Service and National Treasury Employees Union Article 48

The following procedures will apply:

A. The Employer will provide written notice to National

NTEU when it is reasonably foreseeable that a

shutdown furlough will occur.

B. All Service employees will be furloughed except for

those employees performing excepted functions or

those employees whose positions are exempt. When

there is more than one (1) qualified employee in the

same position, grade, post of duty, and tour of duty

available for an excepted position, the Employer has

determined that employees will be assigned to the

excepted position by inverse seniority based on enter

on duty (EOD) date. The Employer will consider an

employee’s request not to work due to a hardship. If

the employee’s request is honored, the Employer has

determined that the next employee, meeting the above

criteria, will be assigned to the excepted position.

C. The Service will provide local NTEU Chapters with

one (1) copy of the decision letter together with a

list of those employees who have been designated

as excepted or those employees who are deemed to

be exempt. The local parties will determine the form

of and the timing for delivery of the list. Employees

will be given a written document notifying them of

applicability to the employee.

D. Employees are expected to listen to radio and/or

television broadcasts to learn when an appropriation

or continuing resolution has been signed or when

the debt ceiling has been raised. The Employer and

the Union are free to negotiate, at the national level,

additional methods of notifying employees about

the conclusion of the furlough. Employees will then

be expected to report to work no later than four (4)

hours after that announcement. In the event the

announcement contains instructions on reporting to

work later than that, employees will be expected to

follow those instructions. A liberal leave policy will be

in effect on the day employees are to return to work.

Employees who travel during the time of the furlough

will be expected to return to work in accordance with

the terms of this Article or with the more specific

instructions.

E. If an employee has “use or lose” leave scheduled during

the furlough, the employee and his/her manager

shall make every reasonable effort to reschedule the

expiring leave during the leave year. In the event

that it cannot be rescheduled, the shutdown will

qualify as an exigency of the public business and the

forfeited leave may be restored in accordance with

IRM 6.630.1.3.3.

F. During any fiscal year in which a furlough occurs, the

Service and NTEU shall jointly issue an all-employee

notice with Questions and Answers attached which

will advise employees of the impact of non-pay status

on civil service benefits and programs and which will

address some financial concerns employees may have

when faced with a pay reduction. The Service will

distribute this notice to all employees.

G. All employees will receive from the servicing Personnel

Office a fact sheet describing unemployment benefits

available in their jurisdiction. At a minimum, this notice

will contain information on unemployment benefits

availability, the waiting period, if any, benefits eligibility

requirements, and the location and phone number

of State and/or municipal agencies responsible for

administering the program in the local area.

H. During the period of the furlough employees may

engage in outside employment in accordance with the

“Plain Talk About Ethics and Conduct.” Employees may

not engage in any activity prohibited therein. While

in a non-pay status, such employees may engage in

outside employment without obtaining prior written

permission that is otherwise required. Upon return to

duty status, employees must submit a written request

to engage in outside employment if such activity

continues.

I. When a shutdown furlough impacts the contractual

deadlines of this Agreement,  all parties will

be  provided  one (1) additional day in which to meet

those contractual deadlines for each day of the furlough.

Article 48 | FurloughsSection 1Shutdown Furloughs Due to Lapse inAppropriations / Debt Ceiling LimitationsIn the event that funds are not available through anappropriations law or continuing resolution, a shutdownfurlough occurs. Such a furlough may be necessary whenan agency no longer has the funds to operate and must shutdown those activities which are not excepted pursuant tothe Antideficiency Act, 31 U.S.C. §§ 1341 and 1342. 151
2016 National Agreement | Internal Revenue Service and National Treasury Employees Union Article 48The following procedures will apply:
A. The Employer will provide written notice to NationalNTEU when it is reasonably foreseeable that ashutdown furlough will occur.
B. All Service employees will be furloughed except forthose employees performing excepted functions orthose employees whose positions are exempt. Whenthere is more than one (1) qualified employee in thesame position, grade, post of duty, and tour of dutyavailable for an excepted position, the Employer hasdetermined that employees will be assigned to theexcepted position by inverse seniority based on enteron duty (EOD) date. The Employer will consider anemployee’s request not to work due to a hardship. Ifthe employee’s request is honored, the Employer hasdetermined that the next employee, meeting the abovecriteria, will be assigned to the excepted position.
C. The Service will provide local NTEU Chapters withone (1) copy of the decision letter together with alist of those employees who have been designatedas excepted or those employees who are deemed tobe exempt. The local parties will determine the formof and the timing for delivery of the list. Employeeswill be given a written document notifying them ofapplicability to the employee.
D. Employees are expected to listen to radio and/ortelevision broadcasts to learn when an appropriationor continuing resolution has been signed or whenthe debt ceiling has been raised. The Employer andthe Union are free to negotiate, at the national level,additional methods of notifying employees aboutthe conclusion of the furlough. Employees will thenbe expected to report to work no later than four (4)hours after that announcement. In the event theannouncement contains instructions on reporting towork later than that, employees will be expected tofollow those instructions. A liberal leave policy will bein effect on the day employees are to return to work.Employees who travel during the time of the furloughwill be expected to return to work in accordance withthe terms of this Article or with the more specificinstructions.
E. If an employee has “use or lose” leave scheduled duringthe furlough, the employee and his/her managershall make every reasonable effort to reschedule theexpiring leave during the leave year. In the eventthat it cannot be rescheduled, the shutdown willqualify as an exigency of the public business and theforfeited leave may be restored in accordance withIRM 6.630.1.3.3.
F. During any fiscal year in which a furlough occurs, theService and NTEU shall jointly issue an all-employeenotice with Questions and Answers attached whichwill advise employees of the impact of non-pay statuson civil service benefits and programs and which willaddress some financial concerns employees may havewhen faced with a pay reduction. The Service willdistribute this notice to all employees.
G. All employees will receive from the servicing PersonnelOffice a fact sheet describing unemployment benefitsavailable in their jurisdiction. At a minimum, this noticewill contain information on unemployment benefitsavailability, the waiting period, if any, benefits eligibilityrequirements, and the location and phone numberof State and/or municipal agencies responsible foradministering the program in the local area.
H. During the period of the furlough employees mayengage in outside employment in accordance with the“Plain Talk About Ethics and Conduct.” Employees maynot engage in any activity prohibited therein. Whilein a non-pay status, such employees may engage inoutside employment without obtaining prior writtenpermission that is otherwise required. Upon return toduty status, employees must submit a written requestto engage in outside employment if such activitycontinues.
I. When a shutdown furlough impacts the contractualdeadlines of this Agreement,  all parties willbe  provided  one (1) additional day in which to meetthose contractual deadlines for each day of the furlough.