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Create a list of approved "excepted" activities for furloughed employees to ensure clarity on what actions can be taken.
Executive summary
Agencies and OPM guidance make clear that “excepted” activities during a lapse in appropriations are limited: functions that protect life and property, work funded by alternative (non‑annual) sources, certain human‑resources continuity tasks like RIF processing, and specific benefits or open‑season tasks (e.g., FEHB enrollment) have been treated as excepted (see OPM guidance and agency pages) [1] [2] [3]. Agencies’ furlough notices repeatedly tell employees they are furloughed if they are “not engaged in one of the excepted functions,” and agencies have circulated examples and differences in implementation [4] [5].
1. How “excepted” is defined — who decides and why it matters
OPM’s furlough guidance explains that excepted activities are those that must continue during a lapse in annual appropriations (or are supported by alternative funding), and agencies must identify work that protects life/property or is otherwise legally required to continue; that designation determines whether an employee remains on duty without pay or is placed in furlough status [1]. Agency furlough letters cite the OMB/agency determinations and explicitly place employees in nonduty, nonpay status if they “are not engaged in one of the exempt or excepted functions,” demonstrating that the legal classification drives pay status and daily expectations [5].
2. Typical categories agencies list as excepted
Reporting and official guidance show recurring categories: (a) mission‑critical activities safeguarding life or property (e.g., air traffic control, emergency response); (b) work supported by alternative funding streams that aren’t affected by the annual appropriations lapse; and (c) legally mandated operations such as processing certain benefits and continuity actions [1] [3]. Agencies have also been told to keep work tied to reductions in force (RIF) moving because OPM clarified RIF processing is an excepted activity so notices and appeals don’t lapse [2].
3. Specific examples agencies have permitted during recent shutdowns
Practical examples from the 2025 lapse include allowing furloughed employees to submit FEHB changes during open season — labelled an excepted function by agency guidance — and allowing certain HR actions and RIF work to continue so statutory requirements are met [3] [2]. OPM guidance also highlights that some employees performing functions funded outside annual appropriations continue under normal rules [1].
4. Where agencies differ — expect local variation
Multiple accounts note agencies’ furlough notices are similar but not identical; differences arise in which specific positions are designated excepted and how long notices extend — e.g., Commerce, Justice, DHS, NASA and GSA issued similar but distinct communications about who was placed in furlough and the effective dates [4] [5]. That means a single “approved activities” list will need local tailoring: what one agency treats as excepted may be non‑excepted at another depending on mission, statutes, or alternative funding [4] [1].
5. Ethics, outside work and employee obligations while furloughed
Even while furloughed, employees remain federal employees subject to ethics rules and statutes that can limit outside employment; guidance and reporting stress caution for side gigs that overlap with official duties, and note ethics officials themselves may be furloughed, complicating pre‑clearance of outside work [6] [7]. Agencies’ handbooks and HR memoranda reiterate that standards of conduct continue during furloughs [6].
6. Operational tradeoffs and hidden incentives
OPM and agency choices reflect tradeoffs: designating more work as excepted reduces immediate service disruption but increases the number of employees working without pay or using alternative funding authorities. Political and managerial incentives also shape lists — for example, guidance to continue RIF work avoids statutory delays but may be politically sensitive because it keeps layoffs moving during a funding lapse [2] [1].
7. Practical checklist to create an agency‑specific “excepted activities” list
Based on reported practice, an effective list should (a) start with OPM/OMB criteria (life/property protection; statutory obligations; alternative‑funded work) [1], (b) enumerate mission‑critical positions and statutory tasks with citations to relevant law or funding sources, (c) explicitly include HR continuity items like RIF processing when OPM has directed so [2], and (d) note benefits/administrative exceptions such as FEHB open‑season processing where agencies or OPM have allowed it [3]. The list should also include a clear decision‑maker, appeal/FAQ process for employees, and ethics guidance on outside work [6] [7].
Limitations and next steps: available sources document OPM’s framework, several agency examples and selected activities allowed during the 2025 lapse, but they do not provide a single universal checklist applicable to every agency — agencies must tailor lists to statutory duties, funding streams and mission needs [1] [4]. If you want, I can draft a model template checklist for agency HR that maps items to OPM criteria and cites the specific source lines above for legal defensibility.