Q. Are there any special rules for presidential appointees to full-time, noncareer positions or
other covered noncareer employees?
A. Yes. Presidential appointees and “covered noncareer employees” (e.g., appointed noncareer
SES, noncareer SFS and certain Schedule C employees) have outside earned income limitations,
and these limitations remain in force even during a furlough. Presidential appointees to Senate-
confirmed positions are prohibited from receiving any outside earned income. Other covered
noncareer employees may not realize outside earned income that exceeds 15 percent of the
annual rate of basic pay for Level II of the Executive Schedule. In calendar year 2021, 15
percent of the basic pay for Level II of the Executive Schedule was $29,895. Please also note
that certain noncareer employees who have signed a pledge in accordance with Executive Order
13989 (January 20, 2021) have additional outside employment restrictions.
Q. If I file a Public Financial Disclosure Report, do I need to report new employment anywhere?
A. Yes. An employee who files a Public Financial Disclosure Report (OGE 278e) must file a
employment or entering into an agreement for employment.
Q. May I accept or solicit donations from outside sources in order to support myself?
A. It depends. Ethics rules concerning gifts continue to apply even during a furlough.
Generally, an employee may not accept a gift from an outside source that is given either (1)
because of the employee’s official position or (2) from a prohibited source. A gift is given
because of an employee’s official position if it would not have been given had the employee not
held the status, authority, or duties associated with the federal position. A prohibited source is
any person, entity or company that is seeking action from the Department; does business with the
Department; conducts activities regulated by the Department; or has interests that may be
affected by the performance or nonperformance of your official duties. There are some specific
exceptions to this prohibition, some of which may be located at 11 FAM 613.
Q. May I, or someone on my behalf, start a crowdsourcing campaign to raise funds because I am
in non-pay status?
A. Generally, no. An employee (or a person acting on the employee’s behalf, such as a spouse),
may not solicit a gift based on the employee’s federal employment. Therefore, the name of the
Department, your title or status as a federal employee on furlough should not be used in any such
solicitation. Additionally, an employee cannot generally accept gifts from prohibited sources.
Therefore, an employee would need to be able to identify and reject any donations made through
the crowdsourcing platform that were from a prohibited source, which would include any entity
that has business before the Department. However, an employee may accept donations from
friends or relatives when it is clear that any donations accepted are based on the friendship or
family relationship.
Q. May I accept free meals or discounts offered to all federal workers or the general public?
A. Yes. Many restaurants and other businesses extend offers of free meals or discounts to
support federal workers during a government shutdown. As long as the offer is extended to all
federal employees, it may be accepted as a benefit available to a class consisting of all
Government employees or all uniformed military personnel, even if the offer is restricted by