There are two types of furloughs—a “shutdown” or “emergency” furlough and a “save money” furlough. In a “shutdown” furlough, the agency no longer has the necessary funds to operate and must shut down activities that are not excepted or exempt by Office of Management and Budget (OMB) standards. An employee is considered “furloughed” when they are placed in a temporary non-duty, non-pay status because of lack of funds.
For most employees, there are two basic categories of furloughs, each involving different procedures. A furlough of 30 calendar days or less is covered under 5 C.F.R. § 752, Adverse Action procedures. A furlough of more than 30 calendar days is covered under 5 C.F.R. § 351, Reduction in Force procedures. When a shutdown furlough lasts longer than 30 days, agencies should treat it as a second shutdown furlough and issue another adverse action or furlough notice. As such, all shutdown furlough activities would be governed by 5 C.F.R. § 752, Adverse Action procedures.
NOTE: Reduction-in-Force (RIF) furlough regulations and Senior Executive Service (SES) competitive furlough requirements are not applicable to shutdown or emergency furloughs because the ultimate duration of a shutdown furlough is unknown at the outset and is dependent entirely on Congressional action rather than agency action. The RIF furlough regulations and SES competitive furlough requirements, on the other hand, contemplate planned, foreseeable, money-saving furloughs that, at the outset, are planned to exceed 30 days.