In Reply Refer To:
United States Department of
FISH AND WILDLIFE SERVICE
Washington, D.C. 20240
||Assistant Director-Planning and Budget
/s/ Denise E. Sheehan
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.
DEC 11 1998
United States Department of
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
/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.
Use of Seasonal Employment - In determining the use of seasonal
versus other kinds of employment, consider:
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.
Appointments - Seasonal positions are filled by career, career-conditional,
or term appointment (not-to-exceed), using the appropriate authorities
in 5 CFR Part 315 and 316. Positions in the excepted service with annually
recurring periods of work are filled using the appropriate authorities
in 5 CFR 213.
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.
Release and Recall - Bureaus must establish and uniformly apply
release and recall procedures. If the employee's work period is less than
the minimum period specified in the agreements reduction-in-force or adverse
action procedures will apply as appropriate. Employees are placed in a
nonduty/nonpay status by processing Nature of Action Code (NOAC) 430, and
the Nature of Action is "Placement in Nonpay Status." When recalled to
duty from nonduty/nonpay status, process NOAC 280, and NOA "Placement in
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
Within-grade increases - time in a nonpay status may be creditable for
computing waiting period for within-grade increases as prescribed in 5
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
Unemployment Compensation - while in nonpay status, a seasonal employee
may be eligible for unemployment compensation, depending on individual
FPPS Edits - only those appointments with annually recurring work periods
of less than twelve months but more than six months will pass FPPS edits.
Link to Personnel Bulletin No. 98-4 ( available as an Adobe
PDF file), click here.
For additional information regarding this
Web page, contact Krista Holloway, in
the Division of Policy and Directives Management, at Krista_Holloway@fws.gov
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