Hurricane FAQ - For Employees

Evacuations

These FAQs are provided as general information for employees and supervisors affected by emergency situations and are not intended to serve as policy, replace or otherwise supersede any applicable regulation, departmental manual, policy or other governance instrument.

The questions address pay, leave, allowances and other critical human resources issues. Supervisors and managers should consult with their supporting human resources office for any questions regarding pay and allowances, returning evacuated employees to work, and other human resources issues. Evacuation order (or authorization for departure) questions should be addressed through bureau emergency operations coordinators. Due to the variable nature of workplace and health issues during a pandemic health crisis, separate guidance is provided in Personnel Bulletin 07-01, Department Policy on Evacuation Pay.

Note:  The evacuation compensation authority, discussed further below, is best utilized for evacuations that are of a relatively short duration (i.e. up to 2 months).  Under the statute (5 U.S.C. 5523(a)), evacuation payments (i.e. continuation of basic pay without usual time recording) and special allowances (i.e., reimbursement of subsistence expenses at the safe have and evacuation travel reimbursement to and from the safe haven) may last no longer than 180 days.  The statute (e.g., 5 U.S.C. 5523(a) and 5527) and Section 3(c) of Executive Order 10982 (1961) require either the President, or his or her designee, to extend an evacuation beyond 60 days, based upon a legal threshold of necessity.  In addition, the civilian regulations at 5 CFR 550.405(b)(2) require that only partial reimbursement be made (i.e. 60 percent) for subsistence expenses if the evacuation lasts longer than 30 calendar days.  This pro-rating regulation places a strong financial requirement on agencies to limit the duration of an evacuation.  It is important to note that there are other civilian personnel legal authorities available to agencies that can be leveraged during or following an evacuation, for employees and/or their dependents.   

Definitions:

Advance Payment means that payment of pay, allowances, and differentials may be made to an employee who has received an order to evacuate, provided that, in the opinion of the agency head or designated official, payment in advance of the date on which an employee would otherwise receive that payment would help the employee defray immediate expenses incidental to the evacuation. An advance payment may be paid to the employee, a dependent 16 years of age or over, or a designated representative. When payment is made to someone other than the employee, prior written authorization by the employee must have been provided to the authorizing agency official. (5 CFR 550.403)

Dependent (for the purposes of evacuation pay and allowances) means a family member of an employee who resides with the employee and is dependent upon the employee for his/her support. Family member means an individual with any of the following relationships to the employee (5 CFR 550.402): 

1. Spouse, and parents thereof; 
2. Sons and daughters, and spouses thereof;
3. Parents, and spouses thereof; 
4. Brothers and sisters, and spouse thereof;
5. Grandparents and grandchildren, and spouses thereof;
6. Domestic partner, and children and parents thereof, including domestic partner of any individual in paragraphs (2)-(5) of this definition; and 
7. Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

Domestic Partner is defined in OPM regulations (e.g., 5 CFR 550.402 and 875.213) as a person in a domestic partnership with an employee or annuitant of the same sex. The term “domestic partnership” is defined as a committed relationship between two adults, of the same sex, in which the partners—

1. are each other’s sole domestic partner and intend to remain so indefinitely; 
2. maintain a common residence, and intend to continue to do so (or would maintain a common residence but for an assignment abroad or other employment related, financial, or similar obstacle);
3. are at least 18 years of age and mentally competent to consent to contract;
4. share responsibility for a significant measure of each other’s financial obligations;
5. are not married or joined in a civil union to anyone else;
6. are not the domestic partner of anyone else;
7. are not related in a way that, if they were of opposite sex, would prohibit legal marriage in the U.S. jurisdiction in which the partnership was formed;
8. are willing to certify, if required by the agency, that they understand that willful falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification, as well as constitute a criminal violation under 18 USC. § 1001, and that the method for securing such certification, if required, shall be determined by the agency; and
9. are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.

Evacuated Employee means an employee that has received an order to evacuate. (5 CFR 550.402)

Order to Evacuate means an oral or written order to evacuate, or an authorized of departure, issued to an employee directing him or her to relocate from a specific assigned area to a safe haven, as designated by a Departmental or Bureau/Office official. (5 CFR 550.402 and 5 U.S.C. 5522)

Safe Haven means a designated alternative worksite/area, which may include an employee’s home, to which an employee or dependent will be or has been evacuated. (5 CFR 550.402)

Special Allowances are allowances including travel and subsistence (per diem) expenses, which may be paid to evacuated employees to offset any direct added expenses that are incurred by the employee as a result of their evacuation or the evacuation of their dependents. (5 CFR 550.403(c) and 5 U.S.C. 5523(b))

Subsistence expenses are special allowances payable for evacuated employees or their dependents determined at applicable per diem rates for the safe haven or for a station other than the safe haven that has been approved by appropriate authority. Such subsistence expenses shall begin to be paid on the date following arrival and may continue until terminated. The subsistence expenses shall be computed on a daily rate basis. (5 CFR §550.403 and 5CFR §550.405)

SECTION A: Evacuation Order Issues

A.1. Who authorizes an employee to evacuate his/her assigned area?

The Secretary or designated official may order an evacuation upon determining imminent danger to life or safety of employees and/or families, or employees who are prevented from performing the duties of their positions because of natural disaster, civil unrest or other situations beyond the control of the United States government. Designated officials may include heads of bureaus; the director, head, chief or other senior management official of an operating unit, office or center.  

A.2. Who should be notified that an evacuation order has been issued?

Bureaus report evacuations to the Office, Emergency Management following the procedures established for reporting other significant events/emergencies. 

A.3. Can employees be directed to report for duty at a location different from their evacuation location?

Yes. Employees are required to report as instructed. Employees may be placed on Temporary Duty (TDY) authorizations to report for temporary duty at a location other than their safe haven. Failure to report may result in termination of evacuation pay and special allowances (see 5 CFR 550.407(b)) as well as disciplinary/adverse action. (5 USC 7106(a)(2)(D))

A.4. Can employees and their dependents change their safe haven?

Employees and their dependents are required to evacuate to the designated safe haven assigned by the employees’ agency head or their designee. (5 CFR §550.401)

A.5. Are contract employees covered by evacuation orders?

No. The evacuation orders do not apply to contract employees. Contract workers do not meet the definition of “employees” as defined in 5 U.S.C. 2105(a) and therefore, are not entitled to evacuation payments and special allowances under 5 CFR §550.401-409.

A.6. What happens when employees and their dependents are evacuated to a safe haven and the employees are then subsequently directed back to the area from which they were evacuated (permanent duty station) to perform official duties?

Two general types of scenarios can result in an employee becoming separated from family members due to an administrative order.  First, an employee (particularly those in positions classified as “emergency” or “emergency-essential”) may be directed to return to the evacuation area to perform recovery work while the evacuation is still in progress.  Under this scenario, the dependents may remain at the safe haven and continue to receive reimbursement for subsistence expenses under the basis of the evacuation compensation authority.  This most often occurs for incumbents of “emergency” or “emergency essential” positions.  Subsistence expense allowance are allowed to continue to the employee’s dependents (who remain at the safe haven) because the evacuation is still in force and the employee (who is sent into the evacuation zone) is most likely performing duties somewhat different from than those normally expected and recorded in his or her official position description.

The second scenario involves a situation in which the evacuation has concluded but that conditions are such that the employee’s dependents may not be able to return to the evacuated area.  For example, flooding in the area may have contaminated the water and led to state or local Government “boil water” alerts due to the risk of infections such as dysentery.  If the employee is still actually needed at that duty station, the dependents can be relocated from the safe have to another location, through the use of appropriated funds, by leveraging a different statutory authority, 5 U.S.C. 5725(a) [64 Stat. 985, the 1950 amendments to the Administrative Expenses Act of 1946.]  

A.7. What evacuation allowances apply if employees and their dependents have evacuated the disaster area to a safe haven and the employees are subsequently assigned official duties within the safe haven?

The employees will continue to receive evacuation pay and the employees and dependents will continue to receive applicable special allowances. The employees will perform the assigned duties as if the safe haven were their official duty station.

A.8. What happens if employees never left the evacuation area because they were assigned official duties in the area (permanent duty station), but the employees’ dependents evacuated to the safe haven?

The evacuation compensation statute can still be leveraged for the dependents to pay for evacuation travel and for reimbursement of subsistence expenses while the dependents are at a designated safe haven. This is because the statutory authority for evacuation compensation uses the word “or” within its statutory construction, when articulating its used for employees versus dependents. 

A.9. What if employees are assigned work at sites other than the one where their dependents are evacuated to? How does that affect the dependent(s) special allowances at their safe haven?

The evacuation compensation authority contains sufficient flexibility by which an employee and his or her dependents may be directed to different approved safe havens.  While the evacuation is ongoing, appropriated funds may be used to reimburse the subsistence expenses of both the employee and his or her dependents. 

A.10. If dependents and employees are evacuated for a second time, will they receive a new set of evacuation orders?

Under statute (5 U.S.C. 5523(a)) and Executive Order 10982, an evacuation order, covering a specific event or set of circumstances, may last no longer than 180 days.  If the existing conditions continue to evolve and begin to encompass the area of the designated safe haven, the existing evacuation orders are considered to continue.  If, however, a separate natural disaster or event occurs, management may determine that the first evacuation has concluded and a new evacuation has transpired, meriting the issuance of new orders (or authorization to depart) associated with a new 180-day maximum time period. 

A.11. Can an evacuated employee at a safe haven be assigned work?

Yes. Evacuated employees at safe havens may be assigned to perform work considered necessary or required to be performed during the period of the evacuation without regard to grades or titles of the employees. Failure or refusal to perform assigned work may be a basis for terminating further evacuation payments. (5 CFR 550.406)

SECTION B: Pay and Leave Issues

B.1. What is an advance payment during an evacuation order?

Equivalent to a loan, it is a payment in advance of the date on which employees would be otherwise entitled to be paid. The payment helps to defray immediate expenses incidental to the evacuation. Payments are based on the rate of pay (including locality, allowances, and differentials) to which employees were entitled immediately before the evacuation order. Payments are subject to all authorized deductions and allotments. (5 CFR §550.403(a))

B.2. Is there a time limit for receiving advance payments?

Yes. Advance payments are for a period not-to-exceed 30 calendar days. (5 CFR §550.404(b)(1)) 

B.3. Will employees have to repay the advance payment?

Yes. An advance payment is the equivalent of a loan and is therefore a debt to the Government. Based on individual circumstances, repayment of the loan may be waived if its recovery would be against equity, good conscience, or against the public interest. (5 CFR §550.408(c)(2) 

B.4. What is an evacuation payment?

An evacuation payment is pay provided to employees during an evacuation period. The payment is issued on the employee’s regular pay day and is based on the rate of pay (including locality, allowances, and differentials) to which he or she was entitled immediately before the evacuation order. The payments are subject to all authorized deductions and allotments. (5 CFR 550.403)

B.5 Will an evacuation payment generate a debt?

No. Unlike an advance payment, an evacuation payment is not treated as a debt, and therefore, no repayment is required. (5 CFR §550.403(b))

B.6. Is there a time limit for receiving evacuation payments?

Yes. Evacuation payments cover the period of time the evacuation order remains in effect, but cannot exceed 180 calendar days from the effective date of the order to evacuate. (5 CFR §550.404(b)(2))

B.7. Can employees receive an advance payment and an evacuation payment?

Yes. An advance payment does not reduce the amount of an evacuation payment that an employee would otherwise be due to receive. This is true even if an advance payment is calculated based on a period of time that is covered by one or more evacuation payments. (5 CFR §550.404(c) and OPM Handbook on Pay and Leave Benefits for Federal Employees Affected by Severe Weather Conditions or Other Emergency Situations, dated June 2008)

B.8. Under what condition is evacuation pay terminated?

Evacuation pay may be terminated as a result of any of the following conditions: (5 CFR §550.406-407)

• Assignment to duty location outside the evacuation area 
• Abandonment of the position or separation from service
• Retirement
• Agency decision that payments are no longer warranted
• Resumption of duties at original duty location
• Coverage by Missing Persons Act occurs (see 5 U.S.C. 5561 – 5570)
• Expiration of 180 calendar days from the date of the evacuation order
• Failure or refusal to perform work assigned while in a safe haven may be a basis to terminate further evacuation payments.

B.9. Do employees on temporary appointments, including summer hires, receive evacuation pay until their appointments expire?

Yes. However, the expiration or termination of a temporary appointment will terminate evacuation payments, if one of the other conditions for termination of evacuation pay has not already occurred. 

B.10. Can employees be granted compensatory time or overtime pay while performing work and receiving evacuation pay? If so, can they be compensated during the evacuation period or even later after a payroll accounts review?

Yes, unless other budgetary restrictions are in place, employees can earn compensatory time off and/or overtime pay while on evacuation pay. Overtime pay is required for employees covered by the Fair Labor Standards Act unless compensatory time off is requested by the employee. If the supervisor is unable to certify the timecard during the evacuation period, compensation will be made at a later date. (5 CFR §550.406(b), 5 CFR §550.408, OPM Handbook on Pay and Leave Benefits for Federal Employees Affected by Severe Weather, dated June 2008)

B.11. What happens to evacuation payments when an employee is directed to return to the duty station of record and it is also considered safe for his or her dependants to return to the evacuated area?

Many evacuations, or authorizations to depart, are of short duration.  When it is safe to return the employee to duty at the duty station of record, and it is safe for his or her dependents to return, the evacuation is considered concluded, evacuation payments under the evacuation compensation authority ceases and normal timekeeping is expected to be able to resume. 

B.12. Will employees receive a cost of living allowance (COLA) due to the high cost of buying goods and services in the affected area?

No. An emergency situation will not generate a COLA. If affected employees are in an area that received a COLA prior to the emergency, they will continue to receive that COLA. COLA is not applicable in the continental U.S. COLA is additional compensation paid to certain employees in specified areas outside the continental U.S.

B.13. Will employees receive a higher salary when temporarily assigned on TDY authorization to a different locality pay or wage rate area?

No. Employees temporarily assigned to a different locality pay or wage rate area are placed on Temporary Duty (TDY) authorizations. Since the affected area is their permanent work location assignment, employees will receive the appropriate general schedule or wage rate pay for the affected area.  Note: TDY, official Government travel and work at a temporary duty station, is governed by the Travel Expense Act of 1949, as amended, and is considered separate from the evacuation compensation authority, a different statute.

B.14. Does it matter if employees are placed on either evacuation pay, excused absence, or administrative leave?

Yes, evacuation pay is different than excused absence/administrative leave. Under evacuation pay, employees are considered in a duty status (not a leave status) and are expected to perform any work necessary to be performed.  Failure to perform assigned work while receiving evacuation pay may be a basis for terminating the evacuation payments. Evacuation pay may not continue beyond 180 days after the effective date of the evacuation order. Employees on excused absence/administrative leave are not expected to perform work. 

SECTION C: Work Schedules and Telework

C.1. Will telework be an option?

Telework, covered under the parameters of the Telework Enhancement Act, generally involves a telework agreement that specifies a temporary alternative duty station from which telework can occur.  In some circumstances, if the evacuation-related event is geographically narrow in scope, the pre-designated telework site may be outside of the evacuation zone.  If this occurs, management may designate the telework site as an approved safe haven.  In this circumstance, 

evacuation pay may be used to provide basic compensation, however special allowances are not available to reimburse for subsistence expenses while at the telework site because those subsistence expenses (for example, at the employee’s house) would have occurred anyway and would not qualify as additional expenses under 5 U.S.C. 5523(b). 

Also, see Personnel Bulletin 18-04 (Weather and Safety Leave).

C.2. What happens to evacuation payments, if employees telework from home in the evacuated area?

To ensure the safety of the employee, he or she should not telework from a pre-approved telework site if that telework location is considered within the evacuation zone.

C.3. Are employees considered in a telework status when they perform valuable agency-related work at the approved, designated safe haven?

Employees evacuated to a designated safe haven are not considered to be in telework status under the Telework Enhancement Act of 2010, as amended.  The safe haven is not designated as a pre-approved alternative work site for telework purposes under the applicable telework agreement between the employee and his or her agency.  The only exception to this general rule are individuals encumbering continuity of operations positions, under National Security Direct 51 (and its successors) who, as a condition of employment, must be part of an emergency relocation group that serves to reconstitute operations at a pre-designated alternative worksite.  Under this type of situation, the COOP-ERG position incumbent is considered in a telework status while at the ERG site, which can be administratively designated as an approved safe haven for evacuation compensation purposes and as an approved alternative worksite under the Telework Enhancement Act. 

C.4. What is the employee’s work schedule? 

Employees located at the safe haven, receiving evacuation pay, may initially be placed on the work schedule in effect prior to the evacuation order. Due to mission requirements while at the safe haven, management may administratively record a temporary schedule change, implementing the general parameters and requirements contained within 5 U.S.C. 6101 and 5 CFR 610.121.  If standard timekeeping is not possible during the evacuation the review of accounts following termination of the evacuation (see 5 U.S.C. 5524) will be the mechanism to identify whether or not any additional overtime or shift premiums are due to the employee, once a comparison is made between the schedule in practice during the evacuation and records showing what work was accomplished during the evacuation.

SECTION D: Travel and Other Special Allowances

D.1. What special and travel allowances are authorized during an evacuation?

For reimbursement of subsistence expenses while at an approved safe haven, the current OPM regulations for evacuation compensation only allow the “lodgings plus per diem” system, taken from the implementing regulations written by the General Services Administration pursuant to the Travel Expense Act of 1949, as amended (see 41 CFR 301-11, Subpart B).  Actual expenses as an alternative, under 41 CFR 301, Subpart D, are not available because they fall outside of the “lodgings plus per diem system.”  In addition, the Miscellaneous Expenses under 41 CFR 301-12 (such as baggage fees and lodging energy surcharges) also fall outside of the “lodgings plus per diem system” and are therefore technically not available either.

Evacuation travel is considered a type of special allowance under the evacuation authority and the TDY rules under 41 CFR 301-10 may be used.  

SECTION E: Guidance on Directing Employees to Return to Work

Affected employees will need to be returned to duty at some point. The situation may lead returning employees to duty to be handled on a case-by-case basis with consideration to a balance of the needs of the employees with the needs of the Department, bureau, office or worksite. 

Management has the right to require, or direct, employees who are currently not in a work status, to return to work. Supervisors will need to weigh in balancing the needs of the organization with the individual needs of employees when considering how to appropriately return employees to work. 

Supervisors engaged in efforts to resume, relocate or continue operations should consider requests received from employees to remain in a non-duty status on the basis of the demand/need for the employee’s services at work. Supervisors should carefully consider the need for the employees’ services against the needs of the employees.

Employees will, at some point, be expected to return to work either at their original duty station or at some alternate location. However, there may still be individuals who are unable to return to duty. In these cases, supervisors will need to consider the reasons given by employees and employees will need to be informed of the options available to them such as those outlined within: 

• DOI Absence and Leave Handbook, dated March 16, 2012
• DOI Telework Handbook, dated October 2012
• Personnel Bulletin 09-14, Alternative Work Schedules
• Personnel Bulletin 18-04, Weather and Safety Leave

In the event employees fail to return to duty after being requested to do so, supervisors/managers should contact their servicing human resource office to aid in preparing written documentation to employees directing their return to duty. This documentation will serve as formal notice to employees of the requirement to report for work and the consequences associated with failure to report. Supervisors should, also, refer to local bargaining agreements to ensure compliance with applicable contract provisions, and coordinate with their supporting human resource office.