Federal Employees: Human Resources Management Flexibilities for Emergency Situations
Released: 2017-09-14T00:00:00

Human Resources Management (HRM) Flexibilities for Emergency Situations

The Office of Personnel Management (OPM) has issued guidance for federal executive branch departments and agencies on various flexibilities available to facilitate HRM for emergency situations involving severe weather, natural disaster, and other circumstances multiple times since 2001. Notably, these issuances occurred following the September 11, 2001, terrorist attacks; in the aftermath of Hurricanes Katrina and Rita, which occurred back-to-back in the Gulf Coast region of the United States in late summer 2005; and as part of fulfilling OPM's responsibilities under the President's national strategy on pandemic influenza in 2006. Most recently, OPM issued guidance in a memorandum titled, "Human Resources Flexibilities for Hurricane Harvey and its Aftermath," issued on August 27, 2017. The memorandum "remind[s] agencies of the wide range of Human Resources (HR) policies and flexibilities currently available to assist Federal employees." On September 1, 2017, OPM, in consultation with the Office of Management and Budget (OMB), established an emergency leave transfer program for federal employees who were adversely affected by Hurricane Harvey. Seven days later, on September 8, 2017, as Hurricane Irma tracked toward Florida, OPM authorized departments and agencies to hire individuals under excepted service appointments and on a temporary basis for up to one year (with an extension up to one year). The individuals "will be directly involved with the recovery and relief efforts associated with Hurricane Harvey or Hurricane Irma."

Subject to guidance from the OPM Director, Federal Executive Boards (FEBs) are available to assist the agency with matters related to emergency operations, such as operations under hazardous weather conditions. The FEBs were established by a presidential memorandum issued by President John F. Kennedy in November 1961, to "provide means for closer coordination of Federal activities at the regional level." Currently, FEBs operate in 28 metropolitan areas. A goal of the FEBs is "to create effective collaboration on emergency readiness and recovery, and to educate [the] Federal workforce on issues in emergency situations."

Table 1 , below, provides information on selected flexibilities related to staffing, compensation, leave transfer, and telework in Title 5 of the United States Code and Title 5 of the Code of Federal Regulations . The table refers to several HR terms, which are explained as follows:

Competitive s ervice positions are civil service positions in the executive branch, except positions which are specifically excepted from the competitive service by or under statute; positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and positions in the Senior Executive Service (SES). Such positions require applicants to compete against one another in open competition based on job-related criteria to obtain employment. The positions are subject to the civil service laws codified at Title 5 of the United States Code and to oversight by OPM. Employees are to be selected from among the best-qualified candidates and without discrimination. Excepted s ervice positions are civil service positions which are not in the competitive service or the SES. Qualification standards and requirements for these positions are established by the individual agencies. The Title 5 rules on appointment (except for veterans' preference), pay, and classification do not apply. SES positions are classified above grade 15 of the General Schedule or in level IV or V of the Executive Schedule, or an equivalent position, and are not filled by presidential appointment by and with the advice and consent of the Senate. Members of the SES, among other duties, direct the work of an organizational unit and exercise important policymaking, policy-determining, or other executive functions. The Reemployment Priority List is the mechanism agencies use to give reemployment consideration to their current and former competitive service employees who will be, or were, separated by reduction in force or who are fully recovered from a compensable injury after more than one year.