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Generally Federal employees, civilian and military, are prohibited from receiving pay from more than one Federal Government source. The laws on dual employment apply to agencies in the executive, legislative and judicial branches, corporations owned or controlled by the Government, and non-appropriated fund organizations under the jurisdiction of the armed forces.

Special Provisions for Department of Defense (DoD) Retirees
The Defense Department has implemented a new policy that allows defense managers to hire civil service retirees in critical position without offsetting their retirement pay, which was required under previous law. This stand-alone provision authorized by the fiscal year 2004 National Defense Authorization Act applies only to those hired on or after November 24, 2003. The policy has a number of restrictions and requirements. Before any retiree can be hired, the position must be offered to qualified defense workers who have lost their jobs through no fault of their own. A retiree can only be hired into hard-to-fill positions where the retiree has unique or specialized skills or qualifications. A retiree cannot be re-employed in his or her previous job position unless someone above the hiring official approves it and certifies the critical conditions. In addition a retiree may be hired for up to one year as a mentor to less experienced employees or to provide continuity during critical organizational transitions.

For executive level positions, only the secretaries of the military departments or heads of defense agencies and field activities may appoint annuitants to such positions.

CAN CIVILIAN FEDERAL EMPLOYEES HOLD MORE THAN ONE FEDERAL JOB?
[Refer to section 5533 of title 5, United States Code* (U.S.C.), and subpart E of part 550 of title 5, Code of Federal Regulations* (CFR).1]

In some limited situations, yes. An individual may have more than one Federal appointment, but may receive pay from more than one civilian job only when:

• the jobs total no more than 40 hours of work a week, Sunday to Saturday (excluding overtime); or
• there is an authorized exception.

This means an employee on leave without pay (LWOP) from one position may be paid for another position. Paid leave, however, counts toward the 40-hour-per week limitation unless there is an authorized exception.

Authorized Exceptions to the limitation on pay for more than 40 hours a week include:

• exceptions in law, e.g., with agency approval Federal employees can work for the U. S. Postal Service [Refer to section 1001 of title 39, U.S.C.];
• emergency services relating to health, safety, protection of life or property, or national emergency;
• expert and consultant jobs when working different hours as an intermittent employee; and
• fee paid on other than a time basis (lump-sum pay for a report, research product or service not based on the number of hours or days worked).

Also, in unusual circumstances, Federal agencies can make exceptions to obtain required personal services when they cannot be readily obtained otherwise. [Refer to section 550.504(a) of title 5,CFR.]

CAN CIVILIAN FEDERAL EMPLOYEES WORK IN OUTSIDE (NONFEDERAL) JOBS?
[Refer to part 2635 of title 5, CFR.]

Federal standards of ethical conduct prohibit outside employment or activities that conflict with official duties and responsibilities. Many Federal agencies have written policies that allow outside employment, especially when it is not related to the Federal work and will not result in, or create the appearance of, a conflict of interest. [For example, see section 1001.735-203 of title 5, CFR.] Agency policies may require employees to receive prior approval for outside employment even when co-workers have similar outside jobs. [See section 2635.803 of title 5, CFR.] Ask your supervisor, agency ethics official, and agency personnel office for further information.

CAN MEMBERS OF A UNIFORMED SERVICE HOLD A CIVILIAN GOVERNMENT JOB?
Members of a Uniformed Service (Army, Navy, Marines, Air Force, etc.) on active duty may not receive pay from another Government position, except during terminal leave, or unless specifically authorized by law. [Refer to section 5534(a) of title 5, U.S.C.]. Enlisted personnel may be employed part-time during off-duty hours in Department of Defense non-appropriated fund activities. [Refer to DOD 1401.1-M, Personnel Policy Manual for Non-appropriated Fund Instrumentalities.]

Members of the Armed Forces Reserves and members of the National Guard may receive military pay and allowances in addition to pay from another Government position. [Refer to section 5534 of title 5, U.S.C.]

* Note: With appropriate agency approval, Federal employees may work for the District of Columbia (DC) government. [Refer to section 22 of Public Law 93-198 and DC Law 2-139 as amended by DC Law 3-109, which ended the U.S.C. and CFR prohibition.]

AS OF: 01/15/2010

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