United States Department of the Interior                                        FISH AND WILDLIFE SERVICE                                                     Washington, D.C. 20240

Memorandum
 
 

To:	Service Directorate
From:	Assistant Director-Planning and Budget                          /s/ Denise E. Sheehan
Subject:	Seasonal Employment

 
Attached is Personnel Bulletin No. 98-4 issuing information and policy on temporary and seasonal employment throughout the Department. As mentioned in the attachment, the OPM has granted the Department an exception to its policy to allow term employees to work seasonal work schedules. The regulations will be revised accordingly. Temporary employees are authorized to work only full-time, part-time, or intermittent work schedules.

We have been asked to analyze the impact of this policy on employment costs. Please provide general information on the level of resource impact to Susan Redman in the Division of Personnel by no later than close of business January 20, 1999.

If you have questions on this new policy, please contact Ms. Redman directly at (202) 208-4824.

Attachment

United States Department of the Interior                                        OFFICE OF THE SECRETARY                                                     Washington, D.C. 20240

PERSONNEL BULLETIN NO. 98-4 (316) (340)

SUBJECT: SEASONAL EMPLOYMENT

The Office of Personnel Management has issued approval to allow seasonal work schedules for Department of the Interior employees serving under term appointments. Seasonal employment is defined in 5 CFR 340.401 as annually recurring periods of work expected to last less than twelve months during a calendar year. The regulation also states that seasonal employees are permanent and placed in nonpay/nonduty status at the end of the work period. Because of the OPM approval, seasonal employees within DOI may also include term employees who are placed on nonpay/nonduty status at the end of the work period. This Bulletin clarifies the intent and reiterates the Departmental policy on the use of seasonal employment.

Seasonal employment is identified by the work schedule (full-time seasonal, part-time seasonal, part-time seasonal job sharer, or intermittent seasonal) associated with the position.  Use these seasonal work-schedules only with seasonal appointments described above.

Managers are to examine their annually recurring work requirements to identify relevant seasonal work situations. Personnel offices are to ensure appropriate use of appointing authorities and work-schedules when making seasonal appointments and processing personnel actions. Refer to the attached when reviewing the appropriateness of seasonal versus other kinds of employment and when making seasonal appointments.

This Personnel Bulletin will be retained until superseded by a new issuance. Inquiries may be directed to Margaret Portwood at (202) 208-6428, mailstop MS-5221.
 

/s/ Carolyn Cohen
Director of Personnel Policy

Purpose - Seasonal employment allows agencies to develop a cadre of experienced career employees to perform work during an identified period of the year.

Annual recurring periods of work - Work that predictably recurs from year to year is examined to decide whether the work situation is permanent. Work situations are permanent if the work is annually recurring and the duration is for an indefinite period. Seasonal employment is appropriate for such permanent situations. Seasonal employment may be appropriate also if the work is annually recurring and is project in nature.

Successive temporary appointment to the same or successor jobs are to be avoided. The personnel office should reevaluate a position to ensure it is not more appropriately considered "recurring" in nature, when the position has been filled by, temporary appointment with the same employee for more than two years in a row.

• Annually recurring periods of work that last less than twelve months - Permanent seasonal employment must be used for annually recurring periods of work of less than twelve months but more than six months each year. Permanent seasonal employees are placed in nonpay/nonduty status at the end of the work period.

• Annually recurring work of less than six months - Permanent seasonal employment may be used for annually recurring work expected to last less than six months. Such employment ensures employees are not denied benefits. Generally, permanent seasonal employees receive service credit for probationary periods, career tenure, within-grade increases, leave, retirement and other benefits. While in nonpay status, a permanent seasonal employee may accept other Federal or non-Federal employment.

Temporary appointments may also be used for annually recurring work expected to last less than six months. When temporary appointments are made not to exceed six months (1040 hours) in a service year, employees may be extended under similar conditions in subsequent years. This also means that an employee may be appointed to another position in a service year, as long as the appointment is less than 1040 hours. While dual temporary appointments maybe legal, bureaus are cautioned in the use of dual employment (two different appointments of less that 1040 hours in the same service year), because of the appearance of violating employees’ rights to benefits and entitlements. (NOTE: It is this perception that has caused the Office of Personnel Management concern in the past).
 

• Annually recurring work that is project in nature - Term seasonal appointments may be used for annually recurring work of less than twelve months but more than six months each year, and is project in nature (expected to last from one to four years). Term seasonal employees are placed in nonpay/nonduty status at the end of the work period. Temporary appointments are more appropriate for annually recurring work of less than six months that is project in nature.

• the difficulty of obtaining skilled personnel on a recurring basis.

• the costs in time and resources of recruiting and training new employees.

• the availability of other work- to which a seasonal employee could be assigned rather than placed in nonduty status.

Work Schedules - Seasonal employees may work on a full-time, part-time or intermittent work schedule.

Terms and Conditions of Seasonal Employment - An employment agreement must be executed outlining the conditions before entering on duty. The agreement must include information on:
 

• Periodic release and recall as a condition of employment.

• Minimum and maximum period the employee will be expected to work.

• Basis on which release and recall will be effected.

• Benefits to which the employee will be entitled while in nonpay status.

Service Credit - For full-time and part-time schedules:
 

• Probationary/trial period - a maximum of twenty-two work days in nonpay status is creditable toward completion of probation.

• Career tenure (career/career-conditional appointments) - the first thirty calendar days of each period of nonpay status are creditable for career tenure.

• Within-grade increases - time in a nonpay status may be creditable for computing waiting period for within-grade increases as prescribed in 5 CFR 531.

• Retirement – generally eligible for coverage. (5 CFR 831)

• Health Benefits & Life Insurance – generally eligible for coverage if regularly scheduled and work is expected to last at least six months per year. (5 CFR 870 and 890)

• Leave - eligible to earn while in pay status. (5 CFR 63O)

• Reduction in force - seasonal employees are placed in a separate competitive level from year-round employees and have assignment rights only to other seasonal positions.

• Unemployment Compensation - while in nonpay status, a seasonal employee may be eligible for unemployment compensation, depending on individual State laws.

• FPPS Edits - only those appointments with annually recurring work periods of less than twelve months but more than six months will pass FPPS edits.