OPM’s memo on making furloughed employees whole for the partial shutdown says that a furloughed employee “must receive the same pay he or she would have received for an equivalent amount of work performed for the agency. Therefore–
* “An employee is entitled to receive his or her rate of basic pay for the furlough time to the extent that he or she would have been in a basic pay status but for the lapse of appropriations;
* “For the purpose of applying general schedule waiting periods associated with within-grade increases, the furlough time during the lapse in appropriations is treated as time in pay status;
* “A furloughed employee who, during the lapse in appropriations, had been regularly scheduled to perform overtime work or to perform work at night or during a period for which any other form of premium pay would otherwise be payable is entitled to receive overtime pay, night pay, or other premium pay as if the work had been performed;
* “Allowances, differentials, and other payments otherwise payable on a regular basis (e.g., administratively uncontrollable overtime pay and law enforcement availability pay) must be paid as if the furloughed employee actually continued to work;
* “All periods of time during which a furloughed employee would, but for the lapse in appropriations, have been in a pay status (including regularly scheduled overtime hours and standby duty) must be considered “hours of work” for pay administration purposes under the Fair Labor Standards Act; and
* “For the furlough time during the lapse in appropriations, an employee may not be charged any form of paid leave (i.e., annual leave, sick leave, or other paid leave), compensatory time off in lieu of overtime, compensatory time off for travel, religious compensatory time off, or credit hours under a flexible work schedule.”
It says that in addition to paying furloughed employees for previously scheduled overtime or premium pay, agencies must pay scheduled “administratively uncontrollable overtime” and “law enforcement availability” pay. It is not clear how common that would be, however, since many of those eligible for those two forms of compensation would have continued working as “excepted” employees and therefore were assured from the outset to be paid once a funding bill was enacted.