Washington, D.C. 20530

October 30, 2003

MEMORANDUM FOR

This provides the attached memorandum from the Director of the Office of Personnel Management (OPM) concerning assistance for Federal employees affected by the wildfires in southern California. The OPM memorandum also describes the various human resources flexibilities available to agencies which identify the need to hire or deploy additional staff to respond to the disaster caused by the wildfires.

In response to the destruction, agencies are requested to grant excused absence without charge to leave or loss of pay to employees who are affected by the wildfires in California. This policy applies to employees who are prevented from reporting to work or are faced with a personal emergency due to the fires and their aftermath, and who can be spared from their usual jobs. This policy also applies to employees who are needed for emergency law enforcement, relief, or clean-up efforts authorized by Federal, State, or other officials with jurisdiction. However, excused absence does not apply to Federal employees who are members of the National Guard or Military Reserves who may have been called up to assist. Military leave is appropriate for such employees.

In recognition of the volatility of the current situation, I am authorizing a limited waiver to the Department’s current policy requiring components to request authority to grant excused absence. Specifically, between October 27 and November 14, 2003, component heads may grant up to 40 hours of excused absence per employee to those employees that they determine need it without prior approval from the Deputy Assistant Attorney General for Human Resources and Administration (DAAG/HRA). By December 1, 2003, components must report the required information about the number of employees granted excused absence. If component heads wish to grant additional excused absence outside the provisions of this memorandum, they must follow current policy and submit a written request to the DAAG/HRA for authority to grant the excused absence, in accordance with the established procedures. Such requests will be handled as expeditiously as possible.

OPM reminds agencies of their authority to waive the bi-weekly limitation on premium pay (5 CFR 550.106) for employees who perform work connected with the California wildfires and their aftermath. Should the need arise to exercise this authority, please submit a waiver request to the Assistant Attorney General for Administration. Additional information on administering the annual premium pay limitation is available on OPM’s Web site at www.opm.gov/fedregis/2002/66-0019319-a.htm . Agencies must make the decision as soon as practicable, and make entitlement to premium pay under the annual limitation effective as of the first day of the pay period in which the emergency began.

OPM also asks agencies whether there is a need to establish an emergency leave transfer program to assist employees. This program would allow employees in any executive agency to donate unused annual leave for transfer to employees of the same or other agencies, who are adversely affected by the disaster caused by the wildfires, and who need additional time off without having to use their own paid leave. If you identify employees who are in need of emergency leave transfer, please advise us as soon as possible, and we will notify OPM.

Finally, OPM describes hiring and other human resources flexibilities which may be of use in agency efforts to hire and deploy staff to areas affected by the California wildfires where staffing needs are critical.

Questions from your staff concerning leave and absence in connection with this matter should be directed to Margaret Foskey, of the Personnel Staff's Workforce Effectiveness Group. Questions concerning the premium pay provisions affecting employees engaged in emergency efforts should be directed to Jamie Higgins, of the same staff. Ms. Foskey may be reached on (202) 514-6778, and Ms. Higgins may be reached on (202) 514-5781. Questions concerning hiring flexibilities may be directed to Jolliette Spencer, of the Personnel Staff’s Workforce Development Group. Ms. Spencer may be reached on (202) 514-6778. As always, employees who have questions concerning these matters should consult appropriate staff members in their servicing human resources offices.

Attachment

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