Workplace Flexibility During Shutdown At Issue

      From Government Executive:

The Social Security Administration is denying its employees working amid the ongoing government shutdown access to days off and other workplace flexibilities, even as some struggle to afford their commute to work, union officials say. 

Guidance from the Office of Personnel Management governing federal employees’ pay and benefits during appropriations lapses, last updated Sept. 28, stipulates that while scheduled leave is cancelled at the start of a government shutdown, agencies should grant excepted employees, who are forced to work without pay until funding is restored, access to episodic telework or be temporarily placed in a furlough status if they need time off. … 

But Jessica LaPointe, president of the American Federation of Government Employees Council 220, which represents employees at SSA’s field offices and teleservice centers, said the agency appears to be categorically denying requests for telework or time off, instead placing workers in absent without leave status. Employees placed in AWOL status will be denied backpay for the time they miss and carries the potential for discipline or termination. … 

Guidance from the Office of Personnel Management governing federal employees’ pay and benefits during appropriations lapses, last updated Sept. 28, stipulates that while scheduled leave is cancelled at the start of a government shutdown, agencies should grant excepted employees, who are forced to work without pay until funding is restored, access to episodic telework or be temporarily placed in a furlough status if they need time off. 

“An excepted employee may be excused from duty for intermittent periods during a shutdown furlough,” OPM wrote. “While excused from performing excepted duties, the employee will be placed in furlough status unless the employee elects to use paid leave . . . However, if an excepted employee needs to be absent from work for brief periods, agencies are encouraged to explore the use of workplace flexibilities such as alternative work schedules and telework to accommodate the employee’s need to be absent. If use of workplace flexibilities is not appropriate for the situation, excepted employees must be furloughed for any brief absence or allowed to request paid leave.” 

But Jessica LaPointe, president of the American Federation of Government Employees Council 220, which represents employees at SSA’s field offices and teleservice centers, said the agency appears to be categorically denying requests for telework or time off, instead placing workers in absent without leave status. Employees placed in AWOL status will be denied backpay for the time they miss and carries the potential for discipline or termination.
“This is notice that you have been placed on Absence without Leave (AWOL) for 8 hours . . . when you failed to report for duty,” stated a memorandum that one employee received, obtained by Government Executive. “You have been placed on AWOL because you were not on duty as scheduled and you were not on approved leave to cover the period of your absence. Although AWOL itself is not a disciplinary action, it may be used as the basis for disciplinary action . . . As I have reminded you, it is important that you come to work when scheduled, remain on the job, and perform the essential functions of your job.” 

In a statement, an SSA spokesperson contested AFGE’s allegations as “inaccurate.”
“SSA is following long-standing guidelines for how requests for episodic telework, annual leave and sick leave are handled,” they wrote. “There is also a process for employees to follow if they request to be placed on furlough status, which is unchanged. SSA offices remain open and continue to serve the public.” 

But that doesn’t track with what is happening across the agency, LaPointe said. The union has seen an increase in denial rates for episodic telework since the shutdown began, and she said management has added new requirements to requests from employees to be placed in a leave or furlough status. …