Please read carefully. Attached is a document produced by the USDOL regarding “Federal Employee Rights” under the recently enacted law, “The Families First Coronavirus Response Act (FFCRA).” While this covers most federal employees, including Border Patrol employees, we are not yet clear on whether this law will cover Border Patrol agents, due to the fact that under the latest bill signed by the President, the Office of Management and Budget (OMB) sought and received waiver authority allowing OMB to tell employees (“certain health care providers and emergency responders”) that for “good cause” they would not be entitled to the additional paid sick leave under the FFCRA, and that they must show up for work. It is important for you to know and understand this information because inevitably, the issue will come up, and at this time, we are not certain of its impact to BPAs. We have been in discussion with OBP in order to get clarification, but at this time, it is up to the Secretary of Labor to make the determination of what group of employees are designated as “emergency responders” under the language, and they have yet to do so. This document is being sent to you so that you know exactly what is out there, and for most federal employees, it is applicable. Once we have a definitive answer on its applicability to BPAs, we will let you know.
For reference, Border Patrol employees are considered Title II employees, not Title I employees.