TRUMP SHUTDOWN TRAP FOR SES EMPLOYEES

19 JAN 2019 [Day 29]

[SES] Senior Executive Service; Gone In 30 Days; [RIF] Reduction In Force; 21 JAN [Day 31]

Presidential appointees who are covered by the chapter 63 leave system are not considered to be entitled to

pay based solely on their status as officers; thus, these individuals are subject to furlough in the same

manner as other Federal employees. [See 5 U.S.C. 5508]

Any Presidential appointee who is a member of the Senior Executive Service [SES] or in a senior level

[SL/ST] position paid under 5 U.S.C. 5376 may not be exempted from the chapter 63 leave system.

All SES and SL/ST employees are subject to furlough on the same basis as other employees.

[The furlough of career SES members is subject to the procedures in 5 CFR 359, subpart H, and the furlough

of SL/ST employees is subject to the procedures in 5 CFR 752, subpart D, or 5 CFR part 351, as applicable.]

While employees may be subject to furlough, the applicable due process procedures depend on the type of

employee in question.

For example, all Presidential appointees are excluded from the adverse action prodecures in 5 U.S.C. chapter

75, based on 5 U.S.C. 7511(b)(1) and (3).

In addition, Presidential appointees subject to Senate confirmation are excluded from reduction in force

procedures, based on 5 CFR 351.202(b).

If a Presidential appointee is subject to furlough but not subject to adverse action or reduction in force

procedures, the agency should follow any administrative procedures required by any applicable internal

personnel policies.

SES Employees Index

https://hr.commerce.gov/Employees/SESEmployees/index.htm

Pay Leave Furlough Guidance

https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/

SES Reduction In Force [RIF] Office of Professional Management PDF

https://www.opm.gov/policy-data-oversight/senior-executive-service/reduction-in-force/ses-reduction-in-force.pdf