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Home / WLF TheySaid / Can a furloughed Fed Employee go out as a AD?

  • 08/27/2015
  • guy fawkes

I have been trying to get a straight answer for a while with no dice. Can a furloughed federal employee get picked up as a FED/State AD employee?

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  1. BG
    August 28, 2015 Reply

    The link below discusses briefly discusses outside employment during furlough… the answer to question 8 is where it is brought up.


  2. NozzleDogg42
    August 29, 2015 Reply

    I’m no HR pro but I’ll go out on a limb and say that the answer is highly unlikely. Essentially, you’re still “employed” under furlough and therefore are not eligible for AD work. But I could be wrong and there could be exceptions (critical-need quals). In any case, this sounds like a question for the OPM/ASC folks but good luck getting a straight answer from them.

    Stay safe!

  3. Mark
    August 29, 2015 Reply

    Yes, you can. Under a different fed agency. I used to do this all the time in FL, or jump on a contract crew and name your price if you have good exp.

  4. Your name...
    August 30, 2015 Reply

    I think it depends on the furlough. If you are talking about a situation like a government shutdown, then I think the answer is likely no because we seem to be prohibited from working period, even for a non-Federal entity.

    If you are talking about 13/13 or 18/8 working AD beyond their term then yes you can. I have seen career subject to furlough employees brought back for just a few days for an “out of season” incident and they were paid as an AD because it was unplanned and short duration so HR apparently has no ability to bring people back short notice or for a period of less than 2 weeks.

  5. BG
    August 30, 2015 Reply

    From OPM Q&A on furlough:

    May employees take other jobs while on furlough?

    A. While on furlough, an individual remains an employee of the Federal Government. Therefore, executive branch-wide standards of ethical conduct and rules regarding outside employment continue to apply when an individual is furloughed (specifically, the executive branch-wide standards of ethical conduct (the standards), at 5 CFR part 2635). In addition, there are specific statutes which prohibit certain outside activities, and agency-specific supplemental rules that require prior approval of, and sometimes prohibit, outside employment. Therefore, before engaging in outside employment, employees should review these regulations and then consult their agency ethics official to learn if there are any agency-specific supplemental rules governing the employee.

  6. Your name...
    September 2, 2015 Reply

    I work for the Forest Service. For our fire seasonal (1039) employees it has been explained like this. We cannot sign up our fire 1039’s as an AD with the Forest Service when they are in lay off status. This is viewed as offering employment beyond their appointment. If you are a 1039 in any other program area like timber or recreation it is fine. That is because fire is not your primary appointment so it’s not extending your employment for what you were hired for. We have had our seasonal fire employees sign up through another agency like the BIA or State and then they have no trouble with AD status.

  7. SKI
    November 16, 2015 Reply

    The IIBMH states the following:
    34Using Regular Government Employees From Federal Agencies
    35 It may be permissible to hire and utilize regular government employees from any
    36 federal agency as a casual while they are in a nonpay status, e.g., leave without
    37 pay, furlough, intermittent and regularly scheduled days off (Reference agency
    38 specific policies).

    If your Agency doesn’t have any specific policy against it I do not see any reason you cannot be an AD while on furlough.

  8. Brad
    March 18, 2016 Reply

    I work for the FS as well and we employ 1039’s as AD’s all the time. When they are laid-off after the fire season, they are essentially terminated so the AD authority is perfectly fine for them. I think ‘Your name’ may be confusing his employees a little, haha. If you are a 1039 you don’t have an appointment.
    I agree with SKI. If you are eligible to receive unemployment compensation while on furlough, then I don’t see why you wouldn’t be able to become an AD. At least the organization would be getting something out of them if they are AD’s rather then them sitting on a couch collecting unemployment.

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