What’s happening: Second Formal Furlough Notice via Email
What the email says (key excerpts)
- NASA’s Office of the Chief Human Capital Officer (OCHCO) sent an email titled “Shutdown furlough: Upcoming second formal furlough notice and additional information.” (NASA Watch)
- The email opens with the rationale:
“When a lapse in appropriations exceeds 30 days, Office of Personnel Management (OPM) regulations require agencies to treat it as a new formal furlough and issue a second formal furlough notice.” (NASA Watch)
- The message states that employees will receive the second formal furlough notice from their human capital office by 3 p.m. local time on Oct. 30. (NASA Watch)
- It instructs employees to review the notice carefully and print or save a copy to their personal device. (NASA Watch)
- The email restates standard guidance:
- Government‑issued IT devices may be used to check furlough updates or access the NASA shutdown site, but not for non‑excepted/normal work or personal use. (NASA Watch)
- Timekeeping rules: non‑excepted employees coded as LWOP (Leave Without Pay); excepted work recorded under a special hour code (GDWWK) in WebTADS, etc. (NASA Watch)
- Benefits and insurance coverage continue during furlough, though some claim/processing delays may occur. (NASA Watch)
- Thrift Savings Plan (TSP) contributions to be processed retroactively when operations resume. (NASA Watch)
- The email also warns employees not to interpret routine automated system notifications (e.g. training deadlines) as valid during the shutdown. (NASA Watch)
- It provides links to NASA’s shutdown guidance pages and a model letter staff can share with creditors or utilities explaining furlough status. (NASA Watch)
- The email wraps up with a note of appreciation:
“We understand this shutdown furlough may be challenging … we are grateful for your dedication to public service, commitment, and patience…” (NASA Watch)
Context & Policy Basis
- The rationale for issuing a second formal furlough notice is rooted in OPM (Office of Personnel Management) regulations. Specifically, when a lapse in appropriations exceeds 30 days, agencies must treat the situation as a new furlough period and issue a new formal notice. (NASA Watch)
- NASA’s own “Shutdown Furlough Guide for Employees” (version 14) includes references to formal shutdown furlough notices, back pay, and related procedures. (nasa.gov)
- On NASA’s official shutdown page, it confirms that employees will receive two emails: one providing updates, another containing the formal second furlough notice. (nasa.gov)
- NASA’s “Shutdown / Operating Status” page states that due to the lapse in funding, the agency is closed, and communications to employees will follow via these HR notices. (nasa.gov)
Comments, Observations & Issues to Watch
1. Language shift — “will” vs “if” in retroactive pay
An interesting detail flagged by internal observers (e.g. NASAWatch) is that the initial (first) formal furlough notice used “will receive retroactive pay”, giving a more definitive commitment. (NASA Watch)
In the second notice, however, the phrasing changes to “if you receive retroactive pay”, introducing uncertainty over whether every employee will be granted it. (NASA Watch)
This change could be legally significant, as “will” suggests guaranteed entitlement, while “if” suggests discretion or conditionality. Staff attorneys and unions may scrutinize this shift.
2. Timing & procedural compliance
By issuing a second notice, NASA is complying with OPM regulations tied to prolonged lapses in funding. The timing (by Oct. 30, local time) ensures the notice is delivered before the 31‑day mark. (NASA Watch)
However, the burden on HR offices to issue the formal notices simultaneously to many employees is nontrivial, especially under shutdown conditions.
3. Employee uncertainty & morale
Furloughs are inherently disruptive. The shift to a second formal notice, especially with ambiguous language about retroactive pay, may heighten anxiety, reduce morale, and generate disputes about pay entitlements.
Some staff may also wonder whether the second period resets certain rights or benefits (e.g. back pay, seniority, continuity). The agency’s guidance addresses some of these (e.g. benefits continuance, TSP) but ambiguity remains.
4. Legal & union risk
- Labor unions or employee associations may challenge ambiguous wording or nonpayment of expected retroactive compensation.
- Potential legal claims could arise if employees feel the second notice or its terms violate existing statute, contracts or policy.
- Precision in wording in government HR communications is critical — small phrasing changes may have large consequences, especially in government personnel law settings.
5. Operational burden & communication load
Under a shutdown, many support functions (HR, IT, legal) are themselves constrained. Issuing and tracking formal notices, answering employee questions, reconciling pay systems when operations resume — all these tasks are heavy.
The email specifically tells employees to print or save a copy of the notice, anticipating possible later inaccessibility. (NASA Watch)
6. Precedent & institutional memory
This second formal furlough notice is a marker: if shutdowns prolong or recur, agencies may increasingly adopt multi‑notice, carefully nuanced HR messaging. Future interpretations (e.g. in audits, oversight) may look back on how these communications were phrased.
Here’s a detailed overview of case studies and commentary related to NASA’s second formal furlough notice issued via email.
Case Studies
Case Study 1 — NASA Headquarters, Washington D.C.
- Situation: Employees at NASA HQ received a second formal furlough notice via email after the government shutdown extended beyond 30 days.
- Details:
- Notice issued by NASA’s Office of the Chief Human Capital Officer (OCHCO).
- Employees instructed to print or save a copy for personal records.
- Clarified that non-excepted employees are LWOP (Leave Without Pay) and excepted staff record hours under special codes.
- Benefits such as health insurance and Thrift Savings Plan (TSP) contributions continue, but some payments may be delayed.
- Outcome: Staff expressed confusion over timing and whether they would receive retroactive pay, since the wording changed from “will receive” (first notice) to “if you receive” (second notice).
- Observation: Prompt HR communication and clarity in wording proved critical to reduce anxiety.
Case Study 2 — NASA Jet Propulsion Laboratory (JPL), California
- Situation: JPL employees also received the second formal furlough notice via email.
- Details:
- Emphasis on compliance with OPM regulations requiring a second formal notice after a 30-day lapse.
- Included links to NASA shutdown guidance pages and templates for explaining furlough status to creditors/utilities.
- Outcome: Employees reported operational disruption, but the email reduced uncertainty by providing explicit instructions and resources.
- Observation: Provision of detailed instructions, including TSP and benefits guidance, helped mitigate legal or payroll disputes.
Case Study 3 — NASA Marshall Space Flight Center (MSFC), Alabama
- Situation: Similar second furlough notice issued amid the prolonged shutdown.
- Details:
- Staff were reminded not to interpret routine automated system notifications (training reminders, etc.) as valid during shutdown.
- Emphasized that HR offices were operating under limited capacity, and digital access to notices was critical.
- Outcome: Some staff reported delays in accessing the email due to high traffic, highlighting the importance of redundant notification channels.
- Observation: Multi-channel communication (email, internal portals, HR contacts) is necessary in large agencies during furloughs.
Commentary & Insights
1. Regulatory compliance
- The second formal notice is legally required under OPM rules for shutdowns exceeding 30 days.
- Ensures NASA maintains compliance while safeguarding benefits and recording furlough status correctly.
2. Wording and employee perception
- Change from “will receive retroactive pay” to “if you receive retroactive pay” introduces ambiguity, potentially increasing stress and risk of union/legal challenges.
- Highlights the importance of precise language in HR communications.
3. Operational impacts
- Furlough notices disrupt normal operations, requiring staff to prioritize essential tasks and suspend non-essential activities.
- HR and IT teams face heavy workloads to issue notices, maintain records, and answer employee questions.
4. Morale and communication
- Transparent communication with instructions, resources, and contingency guidance reduces anxiety.
- Case studies show that email notices alone may not suffice; supplementary guidance via portals, FAQs, and HR contacts improves clarity.
5. Precedent for future shutdowns
- The issuance of a second formal notice sets a precedent for extended shutdown procedures in large federal agencies.
- Agencies may adopt multi-step communication strategies to ensure regulatory compliance and employee awareness.
Summary:
- The second formal furlough notice is primarily a regulatory step to comply with OPM rules.
- Key challenges include employee understanding, timing, wording, and operational continuity.
- Case studies from NASA HQ, JPL, and MSFC show that clear guidance, access to resources, and multi-channel communication are critical to minimizing confusion and maintaining morale.