Defense outlines furlough policy

Military personnel and exempt Defense Department civilian employees are required to continue working without pay during a government shutdown, according to guidance from the Office of the Secretary of Defense.

In a memo prepared earlier this month, Defense officials noted that service members and some civilian workers, including those involved in national security and the protection of life and property, still must report for duty but will not be paid until Congress appropriates funds to reimburse them for that period of service. All other employees will be furloughed, the memo stated.

Military personnel are not subject to furlough.

Service members also might be required to take on responsibilities of furloughed civilian employees, but nonexempt activities that military personnel cannot cover will be suspended until appropriations are available, according to the memo.

Defense officials prepared the guidance in advance of a previous continuing resolution that funded the government through March 4. The memo noted that Defense Secretary Robert Gates did not expect a shutdown to occur, however.

"This memorandum contains guidance to begin detailed planning; no specific employee furlough notices are yet authorized," the document said. "Nor should any shutdown actions be taken until you receive further notice."

Congress on March 2 approved a continuing resolution that extends through March 18. Lawmakers currently are negotiating another short-term proposal to keep government funded through April 4.

The Defense memo gives department heads the authority to determine which workers would be exempt in the case of a shutdown and provides general guidance for making those decisions. It instructs officials to make determinations for each civilian position, including Senior Executive Service members and those in overseas assignments. Only the minimum number of civilian employees required for critical agency functions will continue working, along with individuals who provide direct support to those activities, according to the guidance.

Other civilian workers who would be exempt from a furlough include presidential appointees and their support personnel, foreign nationals paid by their host countries or under an international agreement, and employees whose salaries are provided by a special funding authority, such as multiyear appropriations.

Contractors under an agreement that was fully obligated prior to a shutdown can continue working whether or not they are supporting an exempt activity. When appropriated funds are unavailable, such as during a shutdown, the department cannot enter into new contracts unless they are in support of an exempt activity, or in cases where a delay would threaten national security, the guidance stated.

The memo lists additional positions considered exempt, such as employees providing support for specific morale, welfare and recreation programs, legal assistance for service members, and civilians preparing for deployment, and education centers on military installations.

Agencies are required by the Office of Management and Budget to develop strategies for a government hiatus, and include information such as the time it will take to stop operations and the number of essential employees they plan to retain.Officials in many agencies have been unwilling to identify specific personnel policies that would be in place during a shutdown, saying they are required only to have contingency plans.