Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
If the government shuts down, would furloughed employees retain their Federal Employee Health Benefits coverage? If a federal employee were on FMLA leave during a furlough, would the time on the furlough be deducted from the leave time? Can a federal employee use accrued paid leave during a furlough?
A:
In the event of a government shutdown, the Office of Personnel Management has assured employees that even if they are furloughed, they would remain covered by the FEHB program. OPM also explains that no FMLA leave will be deducted for time spent on furlough; instead all leave taken during a furlough will be credited as furlough time. Federal law generally prohibits an employee from taking any paid leave during a furlough because it creates a debt not authorized by the Antideficiency Act (31 USC 1341 et seq.), and employees would not accrue additional leave time while on furlough.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
