IM OA 2022-02, Employee Evacuation Payment Guidance

Issuance Number:    Instructional Memorandum (IM) OA 2022-02

Subject:                        Employee Evacuation Payment Guidance

Issuance Date:           7/25/2022

Expiration Date:        Retain Until Cancelled  

Responsible Office:   Office of Administration

Instruction:                 This supersedes any prior Employee Evacuation Payment guidance.

Approving Official:   Shari DeLung

                                     Acting Associate Director for Administration

 

 1.    Purpose and Scope.  This IM provides policy and guidance for payments made to U.S. Geological Survey (USGS) Federal employees ordered to evacuate their duty station, work site, or home.

2.    Authorities and References.

A.  5 U.S. Code 5522 – Advance payments; rates; amounts recoverable (2018)

B.  5 Code of Federal Regulations (CFR) 550.403 – Advance payments; evacuation payments; special allowances

C.  5 CFR 550.405 – Determination of special allowances

D.  205 Department of the Interior (DOI) Departmental Manual (DM) 8, Personnel Management

E.  205 DM 6, Budget and Financial Management

F.  205 DM 15, Travel and Transportation

G.  220 DM 10, USGS General Administrative Delegation

3.    Definitions. 

A.  Order to Evacuate – An oral or written order to evacuate, or an authorized departure that is issued to an employee directing them to relocate from a specific assigned area to a safe haven, as designated by a Departmental or Bureau Official, as required.  The DOI Secretary or a member of the USGS Executive Leadership Team (ELT) may issue an Order to Evacuate upon determining imminent danger to life or safety of employees and (or) qualifying dependents.    

B.  Qualifying Dependent – A person the employee claimed on their previous year’s taxes as a dependent (or will claim on their taxes as a dependent in the current year) and who resides within the primary home of the employee (see 5 CFR 550.402 for the definition of a family member).

4.    Policy.  The following provides USGS requirements related to duty station closure and employee evacuations.  The USGS internal website “Administrative Guidance for Emergency Management” was created as a one stop shop for administrative guidance. This site is updated as guidance evolves.  USGS-specific guidance for handling evacuations includes:

A.  Payments to Employees Ordered to Evacuate.

(1)  When the Department or a Bureau issues an Order to Evacuate, they may authorize and utilize certain authorities.  Under the statutory evacuation-related payment authority, the Department or Bureau may allow certain payments when departure is authorized or ordered under 5 U.S.C. 5522 and 5 U.S.C. 5523.  These payments consist of the following components:

(a)  Advance payments;

(b)  Continuation-of-pay, known as “evacuation payments;” and (or)

(c)  “Special Allowances,” which entail reimbursement for evacuation travel and subsistence expenses while traveling to and from the designated safe haven and while at a designated safe haven. 

(2)  These payments are only available when the DOI Secretary, through the Director, Office of Emergency Management, or the USGS ELT makes the determination to order or authorize the evacuation of the employee and (or) their qualifying dependents because of an incident that creates imminent danger to their lives (refer to 5 U.S.C. 5522(a)(2)).  In addition to making the evacuation decision, the Department or Bureau must also determine the particular evacuation-related payments that will be provided to employees and their qualifying dependents.

B.  Advance Payments.

(1)  The Department or Bureau may make a salary advance to an employee who has received an official order to evacuate, provided that, in the opinion of the Department or USGS ELT or designated official, payment in advance of the date on which the employee would otherwise be entitled to be paid is required to help the employee defray immediate expenses incidental to the evacuation.

(2)  The amount of the advance payment may cover a time period not to exceed 30 days.  The amount is calculated based upon the gross payroll compensation that would otherwise have been earned, including allowances and differentials.

(3)  In principle, the salary advance is equivalent to an interest-free, short-term loan that must ultimately be treated as a debt owed to the U.S. Government.  As such, the advance must generally be repaid by the employee.  Within this payment authority, the Department or Bureau may, in very limited circumstances, decide to waive recovery, in whole or in part, when collection would be against equity, good conscience, or the public interest (refer to 5 U.S.C. 5522(c)).

C.  Continuation-of-pay, known as “Evacuation Payments”.

(1)  When the Department or Bureau issues a duty station evacuation order, affected employees must travel to a Department or Bureau designated location, referred to as a “safe haven.”  Once at the safe haven, there may or may not be opportunities to perform productive work for the benefit of the Federal Government.  Since evacuations often represent a fluid and dynamic situation, exact timekeeping and the normal clear distinctions between work, travel, and leave status may be impossible to accurately record.  In addition, local timekeeping, recordkeeping, and payroll support functions may also be subject to the evacuation.  Due to such circumstances that typically arise during an evacuation, the evacuation compensation authority includes a provision that allows for an evacuation payment also referred to as “evacuation pay,” a type of continuation-of-pay mechanism (recorded using QuickTime Code 061-Weather and Safety-Used).  For the period covered by any evacuation payments, the employee is considered to be a performing Federal Government employee, without a break in service (refer to 5 U.S.C. 5523(c)).

(2)  For a period of up to 30 days, the local supervisor has the authority to approve once an evacuation order has been issued. Authority to grant weather and safety leave in excess of 30 days is granted to the ELT and forwarded to the Director of the Department’s Office of Human Resources for notification purposes.  The office must consider, and begin strategically planning, how to return the employee to a regular duty status, thus terminating evacuation pay, and where those duties will be performed (i.e., duty station assignment).  If the evacuation is still in effect after 60 days, Executive Order 10982 allows the Department or Bureau to extend those payments for another 120 days.  To extend the benefits beyond 60 days, Executive Order 10982 requires documentation that the additional payments are reasonably necessary to maintain a civilian staff available for performance of duty.  Evacuation pay cannot exceed a total of 180 days (i.e., the initial 60 days plus the 120-day extension). 

(3)  While receiving evacuation payments, the employee may be tasked with duties and assignments at the safe haven, regardless of the nature of the work, normally characterized by the grade or job series related to those duties.  If an evacuated employee refuses to perform available work at the safe haven, regulations allow for termination of the evacuation payments.

D.  Special Allowances – Travel and Subsistence Payments.  The Bureau may pay travel and subsistence expenses to offset any direct added expenses employees and their qualifying dependents may incur as a result of their evacuation, as follows (note: the Department or Bureau may allow any one specific cost, combination of, or all of the below expenses):

(1)  Travel authorization must be prepared on the Travel Authorization Form DI-1020 in lieu of using the Concur.Gov automated travel system. Group authorization may be prepared for multiple employees and dependents by indicating in the remarks and attaching a list of evacuated employees. Dependents’ names and ages must be included on the DI-1020.

(2)  Milage from the evacuation area to the safe haven may be reimbursed based on the General Service Administration’s (GSA) milage rate found at https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates.

(3)  Per diem (lodging and (or) M&IE) is calculated based on the “lodging plus per diem” system.  Actual expense method is not allowed.  GSA Per Diem Locality Rates can be found at https://www.gsa.gov/travel/plan-book/per-diem-rates.

(4)  Per diem for the employee and their qualifying dependents is payable from the date of departure from the evacuated area through the date of arrival at the safe haven, including any period of delay “en route” that is beyond an evacuee’s control or that may result from evacuation travel arrangements, and then per diem may continue to be authorized while at the safe haven.

(5)  The Bureau may continue to pay the maximum applicable per diem rate for the first 30 days when authorized.  If the evacuation continues after 30 days, the Bureau pays 60 percent of the maximum applicable per diem rate, not to exceed 180 days after the effective date of the order to evacuate.

(6)  Qualifying dependents under age 12 receive a reduced per diem rate as described in Table 1 below.

Table 1 – Evacuation Subsistence Special Allowances

(7)  Entitlements do not include allowances for items such as pet expenses or shipment of privately-owned vehicles or household goods.

(8)  The employee travel charge card may be used to pay travel expenses (airline, train, lodging) to which the travel card is assigned. If additional lodging is required for dependents, the lodging must be reimbursed on the Optional Form (OF)-1164.

(9)  Mileage, meals, and incidental payments, if approved, must be processed via the OF1164 – Claim for Reimbursement for Expenditures on Official Business.  Center Directors submit a completed OF-1164, along with the following information, to the USGS Office of Accounting and Financial Management, Accounts Payable Office, for a payment to be issued:

(a)  The OF 1164 must list each qualifying dependent,

(b)  The evacuation location,

(c)  The written evacuation order granting authority to evacuate,

(d)  All receipts related to any charge card purchases (e.g., lodging, airline) if applicable,

(e)  A copy of the actual miles driven (determine actual mileage using a mileage calculation tool such as Google Maps), and 

(f)  The ELT member's written approval.

(10)  The payment will be processed using Budget Object Code (BOC) 118B, Employee Services.  All charge card expenses must be reallocated to 118B as well.

E.  Tracking of Expenses.  Establish unique work-breakdown structure (WBS) element to facilitate a consistent method of recording and tracking costs. WBS is titled Emergency Evacuation [name of event].  See internal Financial Operating Procedures Chapter 10-5 for details.

5.    Responsibilities.  

A.  USGS Director – Approves evacuation payments (weather and safety leave) in excess of 30 days.

B.  Bureau Emergency Management Coordinator – Responsible for documenting the formal evacuation order and reporting the number of displaced employees daily via their supervisory chains.  The Bureau Emergency Management coordinator is also responsible for reporting all evacuations to the DOI Office of Emergency Management.

C.  USGS ELT Members – Responsible for issuing an evacuation order and approving categories of evacuation payments allowed within their area of responsibility and ensuring the request complies with this IM.  The approving ELT member must also coordinate all evacuation orders with the Bureau Hazard Response Executive Committee and provide a copy to all ELT members.

D.  USGS Center Directors – Responsible for submitting all employee requests for evacuation payments in writing to their supervisory ELT member.  Cost Centers are responsible for funding the evacuation payments described in this IM.

E.  USGS Evacuated Employee – Responsible for following policy outlined in this IM. Evacuation payments are not an entitlement; therefore, it is critical the employee understand the specific orders provided.  Any special allowances provided for travel expenses must fall within the GSA prescribed per diem. Employees will work with Human Capital to request any advance of pay.

F.  The Office of Accounting and Financial Management (OAFM) – Responsible for the following:

(1)  Processing all Travel and Subsidence payments related to evacuations;

(2)  Establishing a receivable once an A-14 Loan Repayment Agreement Form is submitted for Loan Repayment; and

(3)  Ensuring the payroll deductions are applied to the appropriate account when applicable.

G. The Office of Human Capital (HC) – Responsible for the following:

(1)  Providing information and advice on advances of pay to management and employees with regard to the written request that is required;

(2)  Authorizing advance pay and requesting payroll to issue a supplemental check for the authorized amount; and

(3)  Establishing the loan repayment schedule via payroll deductions with the employee's concurrence.  HC is responsible for securing the employee’s signature on the A-14 Loan Repayment Agreement form and forwarding a copy of A-14 Loan Repayment Agreement form to the Interior Business Center – Debt Management Branch, D-2640, and to OAFM.

6.  General Procedures.

A.  The Center Director, or equivalent, must submit an evacuation order request for advance payments, evacuation payments, and special allowance payments in writing to their respective ELT member for approval (see Appendix A template memo).  This documentation must include proof of the mandatory evacuation order request for advance payments.  

B.  The Center Director must submit any ELT-approved special allowance (travel and subsidence payments) to OAFM at travel_policy@usgs.gov.

C.  If Centers are unable to fund the evacuation expenses, the Center Director should discuss the evacuation situation before it happens, if possible, and follow the Extraordinary Expenses documentation and funding process outlined in Chapter 10, Section 5 of the Financial Operating Procedures.  The following funds sources must be exhausted in this order:

(1)  Science Center

(2)  Region

(3)  Mission Area(s)

(4)  Hazards Response Executive Committee emergency funds.

 

 

Attachment A: Evacuation Order Template

 

ISSUED BY: [Insert Name and title of authorizing official]

 

APPLIES TO: U.S. Geological Survey [Insert Science Center Name/Office] Employees and Dependents of USGS Employees located in the [Insert duty station and (or) evacuation area]

 

SAFE HAVEN(S): [Insert designated Safe Haven(s)] (The safe haven can be a single designated location, multiple safe locations, or a dispersed system with remote accountability/check in system)

 

EFFECTIVE DATE: [Insert initial date of evacuation order]

 

TERMINATION DATE: [Insert date, typically +30 days after effective date]

 

EVACUATION ORDER

Due to the imminent or present danger created from the devastation by [Insert cause for evacuation], I,     [Insert Issuer’s Name] currently in the position of [Insert Issuer’s position]     hereby order [Insert Center] employees and their dependents located in [Insert duty station and (or) evacuation area] to evacuate to the designated safe-haven of [Insert designated safe haven].          

 

This evacuation order, and all allowances authorized hereunder, will terminate no later than

[Insert termination date].                

 

This evacuation order does not apply to the general public and does not affect or replace any evacuations ordered by other Federal, state, and (or) local authorities.  Rather, this order is being issued to ensure the health and safety of the USGS workforce and to maintain our mission.

 

This action is being taken in accordance with 5 U.S. Code § 5522 and 5 CFR § 550.405.

Employees assigned to a duty station evacuated pursuant to this order, but away from that duty station or in transit status thereto as of the date of this order, must contact their supervisor as soon as reasonably possible for instructions as to whether to proceed to the safe haven or evacuation zone.

 

Evacuation-Related Payments and Allowances.

 

Evacuation-related payments and allowances may not be used to duplicate personal assistance accepted from other sources, including but not limited to the Federal Emergency Management Agency (FEMA), Red Cross, or personal insurance.

 

For the evacuation authorized herein, the following evacuation-related payments and allowances are authorized for eligible employees and (or) their eligible dependents subject to the limitations set forth in this order, Title 5 Code of Federal Regulations (C.F.R.) § 550.401-409, and the Federal Travel Regulations (FTR).

 

Special Allowances:

 

Employees have the burden of demonstrating their eligibility and the eligibility of their dependents, as defined in this policy, for special allowances under this evacuation order in accordance with the following guidelines:

 

Employees.  To be eligible for special allowances as an employee, all the following conditions must be satisfied. Eligibility ends when any one or more conditions is no longer satisfied, or when this evacuation order terminates or is terminated.

 

1.)  The employee’s Permanent Duty Station or home (residence) is in the [Insert duty station and (or) evacuation area], is significantly impacted by [Insert cause for evacuation], and has been ordered evacuated;

 

2.)  The employee's home (residence) is NOT within the safe haven OR is “uninhabitable” due to [Insert cause for evacuation]; and

 

3.)  The employee is at or en-route to or from a safe haven designated by this evacuation order.  Exception: An employee who does not meet this condition is otherwise eligible to receive per diem as a special allowance under 5 C.F.R. § 550.405(b) if:

a)  The employee is ordered to remain at the evacuation zone to perform official duties or is ordered to return to the evacuation zone to perform official duties;

b)  The employee performs official duties as ordered.

 

“Uninhabitable” means that because of [Insert cause for evacuation], occupancy would bring significant risk to residents’ health and safety (e.g., no potable water, significant structural damage, significant flooding) or the residence is inaccessible (e.g., due to road obstructions).

Any special allowances provided to the employee’s dependents are not affected by the employee’s remaining at or returning to the evacuation zone so long as the dependents are otherwise eligible for special allowances.

 

Dependents.  

Per 5 C.F.R. § 550.402, for purposes of determining eligibility for evacuation related payments and special allowances, dependent means a relative of an employee who resides with the employee and is dependent on the employee for support.  The phrase “residing with” means that the official residence of a family member is with the USGS employee.

To be eligible for special allowances as a dependent, all the following conditions must be satisfied.  Eligibility ends when any one or more of the below conditions is no longer satisfied, or when this evacuation order terminates or is terminated.

 

1.)  The shared home (residence) of the employee and dependent is in the [Insert duty station and (or) evacuation area] and has been evacuated pursuant to this evacuation order;

2.)  The shared home (residence) of the employee and dependent is NOT within the safe haven OR is “uninhabitable” due to [Insert cause for evacuation]; and

3.)  The dependent is at or en-route to or from a safe haven designated by this evacuation order.

 

Travel Authorization and Reimbursement Instructions.

Employees and dependents are expected to exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business.  Travel expenses and per diem for travel to a safe haven for an eligible employee and (or) the employee’s eligible dependents will be reimbursed from the later of (a) the date of departure from the evacuated duty station or home (residence), or (b) the effective date of this order through the date of arrival at the safe haven.

 

If approved, travel expenses and per diem from the safe haven back to the evacuated duty station or home (residence) for an eligible employee and (or) the employee’s eligible dependents will be reimbursed until the earlier of (a) the date of return to the evacuated duty station or home (residence), or (b) the date the evacuation is terminated.

 

Per diem for employees will be at the applicable rate in accordance with the Federal Travel Regulations.  Per diem for dependents will be at a rate equal to the rate payable to the employee, except for dependents under 12 years of age, who will receive per diem at a rate of one-half (50%) the rate payable to the employee.  After the first 30 days of this evacuation, any per diem paid at a safe haven pursuant to this order shall be computed at 60 percent of the rates explained above. Employees and (or) their dependents should not sign long-term leases as any lodging reimbursement will be limited to the term of the evacuation, which may be terminated at any time.

Instructions for the submitting vouchers for reimbursement for this order will be provided to each employee. Reimbursement will be approved in accordance with this order, applicable policies, the Federal Travel Regulations, and 5 C.F.R. Part 550. Travel related questions should be directed to the local administrative officers.

 

Estimates and Funding. 

The following provides estimates and proposed funding [below is an example of what to include in the memo or a statement that all expenses will be paid by the affected Science Center].

Special Allowance Cost per day [or week]  = dollar figure

Total cost Center is able to cover within budget = dollar figure

Describe at what point additional fund sources will be requested: [e.g., if event continues for 60 days for a total cost of xxx].

Approved by:

 

 

[Add digital or physical signature]                            

[Insert typed name and title/position]

Date: