![](media/image1.wmf)

Current law and regulations provide numerous human resources
flexibilities to assist executive departments and agencies affected by a
pandemic health crisis or other emergency. These flexibilities include
hiring authorities to quickly staff critical positions for a short-term
response as well as longer periods, if needed. Some of these
flexibilities may be used immediately while others require approval by
the Office of Personnel Management (OPM).

The following checklist may be used to help you prepare for staffing
issues that could occur in a pandemic health crisis or other emergency:

**Yes No**

**Are you aware that the following hiring flexibilities require OPM
approval?**

-   One-year Temporary Emergency Need Appointments

-   Reemploying Annuitants Without Salary Offset

-   VA-specific Schedule A and B Appointments

-   VA-specific Direct Hire Authority

-   Reemploying Buyout Recipients

-   Senior Executive Service Limited Emergency Appointments

**Are you aware that the following hiring flexibilities do not require
OPM approval?**

-   Direct Hire Authorities (Government-wide and Already Approved)

-   Thirty-Day Critical Need Appointments

-   One-year, 1040 Hours per Year Appointments in Remote/Isolated
    Locations

-   Reemploying Former Federal Employees

-   Employing Faculty Members

-   Career Transition Assistance Plan and Interagency Career Transition
    Assistance Plan

> **Worklife and Benefits Service (058)**

**Office of Human Resources and Administration**

-   Agency Reemployment Priority List

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-   120 Days or Less Appointments and Using Private Sector Temporaries

**Yes No**

**Have you identified the critical jobs that must be manned in a
pandemic/emergency?**

**Have you identified the minimum number of individuals needed in each
critical job in a**

**pandemic/emergency?**

**Do you maintain a listing of annuitants that might be willing to be
reemployed by VA in**

**a pandemic/emergency?**

**Do** **you have current contracts that would allow you to immediately
hire a sufficient**

**number of contractors, if needed, in a pandemic/emergency?**

**Are you prepared to** **hire employees to fill critical positions in
the event that other**

**agencies utilize the resources you initially planned to use in a
pandemic/emergency?**

**Do positions that would be filled by potential reemployed annuitants
or contactors in a**

**pandemic/emergency require special licenses or other qualifications?
If so, do you**

**have procedures to ensure that potential reemployed annuitants or
contactors are**

**maintaining these licenses and/or qualifications?**

**Are you aware that the Secretary must submit a request to OPM to
obtain a VA-specific**

**excepted service Schedule A or B appointing authority or VA-specific
Direct Hire**

**Authority?**

**Are you aware that Schedule A appointments may be used without OPM
approval to fill**

**critical positions for 30 days and that these appointments may be
extended for an**

**additional 30 days?**

Are you aware that VA Schedule A excepted appointment authority
authorizes hiring

purchase and hire employees and rehabilitation counselors?

**Are you aware that VA Schedule B excepted appointment authority
authorizes hiring**

**scientific, professional and technical positions in the medical
research program?**

**Are you aware that VA Schedule C excepted appointment authority does
not require**

**OPM examination and is the responsibility of Central Office Human
Resources**

**Service?**

> **Worklife and Benefits Service (058)**

**Office of Human Resources and Administration**

**QUESTIONS AND ANSWERS**

**HIRING FLEXIBILITIES THAT REQUIRE OPM APPROVAL**

**Q1.** What hiring flexibilities are available for VA to quickly staff
critical positions require OPM

approval?

**A1.** The following positions require OPM approval:

-   One-year Temporary Emergency Need Appointments;

-   Reemploying Annuitants Without Salary Offset;

-   VA-specific Schedule A and B Appointments;

-   VA-specific Direct Hire Authority (DHA);

-   Reemploying Buyout Recipients; and

-   Senior Executive Service Limited Emergency Appointments.

**Q2.** Does VA have to advertise pandemic/emergency-related critical
positions on USAJOBS before

using these authorities?

**A2.** Advertising positions on USAJOBS is not required for the
following:

-   Thirty-day appointments to positions for which a critical hiring
    need exists under schedule 1([5 CFR
    213.3102(i)(2](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr213_main_02.tpl)));

-   One-year, 1040 work hours per year appointments in remote/isolated
    locations under Schedule A (([5 CFR
    213.3102(i)(1](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr213_main_02.tpl)));
    or

-   Temporary appointments, not to exceed 1 year under [5 CFR part
    316](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr316_main_02.tpl)

VA must advertise the position(s) before using DHA or rehiring a former
employee or an annuitant

if the appointment will last longer than 120 days, including extensions.

Contracting with private sector temporary firms is done under the
[Federal Acquisition
Regulations](http://www.acquisition.gov/far/index.html).

**Q3.** Will the regulatory requirements for using these authorities be
suspended or revised when used

during a pandemic health crisis or other emergency?

**A3.** No. The regulations governing these authorities apply unless or
until the President specifically

suspends or waives them.

**Q4.** Please provide examples of situations where VA might use these
authorities.

**A4.** Here are two examples:

-   Thirty-day appointments and appointments of up to 120 days may be
    used to employ individuals with specialized knowledge, skills,
    abilities or competencies immediately to address a pandemic health
    crisis or other emergency while VA determines whether longer term
    staffing options are needed.

> **Worklife and Benefits Service (058)**
>
> **Office of Human Resources and Administration**

The one-year, 1040-work hours per year authority could be useful if a
pandemic health crisis or other emergency affected only an isolated
geographic area.

**HIRING FLEXIBILITIES THAT DO NOT REQUIRE OPM APPROVAL**

**Q5.** What hiring flexibilities available for VA to quickly staff
critical positions do not require OPM

approval?

**A5.** The following hiring flexibilities do not require OPM approval:

-   Direct Hire Authorities (Government-wide and Already Approved);

-   Thirty-Day Critical Need Appointments;

-   One-year, 1040 Hours per Year Appointments in Remote/Isolated
    Locations;

-   Reemploying Former Federal Employees;

-   Reemploying Annuitants Without Salary Offset waiver;

-   Employing Faculty Members;

-   Career Transition Assistance Plan (CTAP) and Interagency Career
    Transition Assistance Plan (ITCAP);

-   Agency Reemployment Priority List;

-   120 Days or Less Appointments; and

-   Using Private Sector Temporaries.

**Q6.** What does VA need to do to obtain an VA-specific excepted
service Schedule A or B

appointing authority?

**A6.** The Secretary (or designee) must submit a request to OPM with
the following information:

-   Type and number of the occupation(s) and duties involved;

-   Description of why attempts to hold competitive examining did
    not/could not work;

-   Reasons why recruitment and competitive examining are not possible
    (e.g., emergency situation with immediate hiring need); and

-   Other options that VA considered in trying to fill its positions.

Requests should be submitted to:

Office of Personnel Management

Strategic Human Resources Policy Division

1900 E Street NW -- Room 6500

Washington DC 20415

**Q7.** What does VA need to do to obtain a VA-specific Direct Hire
Authority?

**A7.** Requests for DHA must be based on a severe shortage of
candidates or a critical hiring need.

The information required depends on the basis for the request. The
assumption is that most DHA

requests resulting from a pandemic health crisis or other emergency
would be based on a critical

hiring need.

> **Worklife and Benefits Service (058)**

**Office of Human Resources and Administration**

The Secretary (or designee) must submit a request to OPM for a DHA based
on a critical hiring

need. The following information must be included:

-   The position(s) that must be filled;

-   A description of the event or circumstance that has created the need
    to fill the position(s);

-   The duration for which the critical need is expected to exist; and

-   Supporting evidence that demonstrates why the use of other hiring
    authorities is impracticable or ineffective.

The Secretary (or designee) must submit a request to OPM with the
position or positions that are

difficult to fill for DHA based on a severe shortage of candidates. The
following information must

be included:

-   The results of workforce planning and analysis; e.g., VA's emergency
    plan for the pandemic health crisis or other emergency;

-   The existence of nationwide or geographic skill shortages;

-   VA efforts, including recruitment initiatives or use of other
    appointing authorities and flexibilities, and an explanation of why
    these efforts have been insufficient;

-   The availability and quality of candidates; and

-   The desirability of the geographic location, duties, and/or work
    environment associated with the position(s).

Requests should be submitted to:

Office of Personnel Management

Strategic Human Resources Policy Division

1900 E Street NW -- Room 6500

Washington DC 20415

**SHORT-TERM HIRING**

**Q8.** Is there a hiring authority available to immediately fill
critical positions in reaction to a pandemic

health crisis or other emergency?

**A8.** Schedule A ([5 CFR
213.3102(i)(2](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr213_main_02.tpl))
may be used without OPM approval to fill critical positions for

30 days. These appointments may be extended for an additional 30 days so
VA can determine

their longer-term needs in dealing with a pandemic health crisis or
other emergency.

**Q9.** If VA has a significant number of employees out on sick leave,
how can the positions of the

affected workers be backfilled until the employees are able to come back
to work?

**A9.** VA has several flexibilities available when faced with the need
to backfill positions of workers on

sick leave.

> **Worklife and Benefits Service (058)**

**Office of Human Resources and Administration**

OPM's June 28, 2005 Memorandum for Heads of Executive Departments and

Agencies, "HR Flexibilities Available to Assist Federal Employees
Affected by Severe Weather

Emergencies and Natural Disasters," on OPM's web site at:

<http://www.opm.gov/oca/compmemo/2005/2005-13.asp>, provides general
information about

short-term hiring flexibilities.

**UTILIZING THE WORKFORCE**

**Q10.** Can VA relocate employees to different worksites permanently or
temporarily to maintain

continuity of operations during a pandemic health crisis or other
emergency?

**A10.** Yes. VA has the right to determine where its work is to be
performed and should determine

whether its basic right is modified by its own formal policies or
collective bargaining

agreement(s).

**Q11.** During a pandemic health crisis or other emergency, can OPM
waive the prohibition on the

employment of relatives (nepotism) when the skills and expertise of an
individual could be

essential to VA in accomplishing its mission?

**A11.** During an emergency, VA may hire individuals for up to 30 days
(with a 30 day extension if the

emergency need continues) without regard to the prohibition on
employment of relatives.

**Q12.** If a pandemic health crisis or other emergency occurs, may VA
have an exception to the

1040-hour time limit for temporary seasonal employees with the skills
needed in helping with a

critical emergency?

**A12.** Yes. OPM may approve VA requests for exceptions to the
1040-hour limitation for seasonal

temporary employees in both the excepted and competitive service.

**EMPLOYEES SEPARATING OR RETIRING**

**Q13.** Can VA deny an employee the right to resign or retire
optionally if the VA needs the employee as

a result of a pandemic health crisis or other emergency?

**A13.** No. An employee may retire or resign at any time as well as set
the effective date of the

resignation or retirement.

**Q14.** During a pandemic health crisis or other emergency, can VA
rescind a buyout or early retirement

offer to an employee who has not separated?

**A14.** Yes, provided VA bases the rescission(s) on legitimate
management reasons.

**Q15.** Can VA request a buyout payment waiver to help cope with the
aftermath of a pandemic

health crisis or other emergency?

> **Worklife and Benefits Service (058)**

**Office of Human Resources and Administration**

**A15.** The Secretary may ask OPM to waive the usual buyout payment
requirement ([5 U.S.C.
3524](http://www4.law.cornell.edu/uscode/html/uscode05/usc_sec_05_00003524----000-.html)).

If, in the case of an emergency involving a direct threat to life or
property, the individual covered

by the waiver request has skills directly related to resolving the
emergency and will serve on a

temporary basis only so long as that individual's services are made
necessary by the emergency

for buyouts authorized under the Chief Human Capital Officers Act of
2002 ([5 CFR Part
576](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr576_main_02.tpl)).

**MILITARY RESERVISTS AND NATIONAL GUARD**

**Q16.** If VA must close in a particular geographic area due to a
pandemic health crisis or other

emergency, what happens to reservists and National Guard members
returning to work from

active duty (through the exercise of restoration rights) when they must
do so under specified

timelines?

**A16.** VA should have contingency plans to restore individuals with
restoration rights within required

time periods. Once restored, VA must treat these employees the same as
other employees until

the situation is resolved.

**Q17.** If the President calls an employee in the reserves or National
Guard to active duty in a uniformed

service to assist with a pandemic health crisis or other emergency, does
the employee have

restoration rights under the Uniformed Services Employment and
Reemployment Rights Act

(USERRA)?

**A17.** Yes, the employee has restoration rights.

**APPOINTMENTS WITH CONVERSION ELIGIBILITY**

**Q18.** What happens to employees serving on excepted service
appointments (e.g., Career Interns,

Veterans' Recruitment Appointments, Presidential Management Fellows) if
VA is unable to

convert the employee(s) to competitive service because of a temporary
shut down or disruption

due to a pandemic health crisis or other emergency? May the employee(s)
continue on an

excepted service appointment even though they have completed program
requirements, or must

their appointment be terminated?

**A18.** VA Facilities should do everything possible to ensure
conversions are processed in a timely

manner. If conversions cannot be made prior to the expiration date of an
appointment, the

facility should contact OPM.

**Q19.** Can VA extend the 120-day period for conversion of Student
Career Experience Program

(SCEP) employees if VA is disrupted or shut down and otherwise unable to
make conversions

within the 120-day timeframe as a result of a pandemic health crisis or
other emergency?

**A19.** The Executive Order governing SCEP appointments does not
provide for extending the 120-day

period. If conversions cannot be made at a VA facility before the
expiration date of an

appointment, the facility should contact OPM.

> **Worklife and Benefits Service (058)**

**Office of Human Resources and Administration**

**SECURITY CLEARANCES AND BACKGROUND CHECKS**

**Q20.** How are security clearance and background checks affected by
emergency hiring during a

pandemic health crisis or other emergency?

**A20.** The requirements for such checks remain unchanged for emergency
hires; however, activities to

complete them might vary (e.g., alternatives may be needed for
face-to-face interviews with

persons affected by a pandemic health crisis or other emergency).
Likewise, requirements for

background checks for ID badges (minimum NACI review) for government
building access

also applies to emergency hires. As with other temporary employees,
suitability rules would not

apply.

**VA SCHEDULE A, B AND C EXCEPTED APPOINTMENTS**

**Q21.** What appointments can be made by VA under Schedule A excepted
appointment authority?

A21. Purchase and hire employees (temporary workers in trades, crafts,
or manual labor occupations)

appointed for a definite period of time not to exceed the duration of a
construction or major repair

project. These employees will be appointed under [**5 CFR
213.3127(a)(1**](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr213_main_02.tpl)).
Also, not to exceed

400 positions of rehabilitation counselors GS-3 through GS-11, in
Alcoholism Treatment Units

and Drug Dependence Treatment Centers, when filled by former patients.
These employees will

be appointed under [**5 CFR
213.3127(b**](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr213_main_02.tpl)).

**Q22.** What appointments can be made by VA under Schedule B excepted
appointment authority?

**A22.** Not to exceed 400 principal investigatory, and 400 scientific,
professional and technical positions at

grade GS-11 and above in the medical research program. Although the
authority does not require

a time-limitation, the authority remains project oriented. All
appointments should be made in

association with a specific research project. Thus, appointments should
be made with not-to-

exceed dates consistent with the funding time frames, and extended if
necessary to complete a

project.

**Q23.** What appointments can be made by VA under Schedule C excepted
appointment authority?

**A23.** Schedule C positions are of a confidential or policy
determining character and may be made

without an OPM examination. Schedule C positions are normally located in
Central Office.

Therefore, the processing of Schedule C appointments is the
responsibility of Central Office

Human Resources Service.

**Q24.** Where can I find VA policy regarding these excepted appointment
authorities?

**A24.** [VA Handbook
5005](http://vaww1.va.gov/Ohrm/Directives-Handbooks/Documents/5005.doc),
Part II, Chapter 2, paragraph 6i(1), (2) and (3).

**HIRING** **PRIVATE SECTOR TEMPORARIES IN VA**

**Q25.** Where can I find VA information regarding use of private sector
temporaries?

> **Worklife and Benefits Service (058)**

**Office of Human Resources and Administration**

**A25.** [VA Handbook
5005](http://vaww1.va.gov/Ohrm/Directives-Handbooks/Documents/5005.doc),
Part II, Appendix B

**Q26.** What other regulations govern the hiring of private sector
temporaries?

**A26.** [5 CFR Part
300](http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title05/5cfr300_main_02.tpl),
Subpart E; the [Federal Acquisition Regulation
(FAR](http://www.acquisition.gov/far/index.html)); and

[Veterans Affairs Acquisition
Regulation](http://www1.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm).

**Q27.** Do [VA Handbook
5005](http://vaww1.va.gov/Ohrm/Directives-Handbooks/Documents/5005.doc),
Part II, Appendix B provisions apply to 38 U.S.C. occupations?

**A27.** No.

**Q28.** Where are procedures for scarce medical specialist contracts
found?

**A28.** [38 U.S.C.
7409](http://www4.law.cornell.edu/uscode/html/uscode38/usc_sec_38_00007409----000-.html)

> **Worklife and Benefits Service (058)**

**Office of Human Resources and Administration**