Frequently Asked Questions
Question: Are all employing offices covered by this provision?
Answer: No. Not every employing office is covered under this provision of the CAA. Section 205 applies only to employing offices that meet specific size thresholds. This means that employing offices must employ a) 100 or more employees, excluding part-time employees; or b) 100 or more employees, including part-time employees, if in the aggregate the employees work at least 4,000 hours per week, exclusive of overtime.
Question: Must the employing office give notice in the case of the privatization or sale of the employing office's operations?
Answer: In the case of the privatization or sale of an employing office's operations, the employing office must give notice of any office closing or mass layoff that takes place up to and including the effective date of the sale or privatization. The contractor or buyer will be responsible for providing any required notice of any office closing or mass layoff that takes place after the effective date of the sale or privatization.
Question: Must notice be given during a temporary shutdown?
Answer: Notice must only be given during a temporary shutdown if it meets the requirements established by law.
Question: If an employing office fails to provide adequate notice to a covered employee, may the employee get his or her job back?
Answer: No. An employing office that violates this provision of the CAA is liable to each aggrieved employee for an amount including back pay and benefits for the period of the violation, up to 60 days. The employing office's liability may be reduced by such items as wages paid by the employing office to the employee during the period of the violation and any voluntary and unconditional payment by the employing office to the employee that is not required by any legal obligation.
Question: If an employing office is shutdown due to a natural disaster, must the employing officeprovide the 60 days notice?
Answer: No. Employing offices need not provide 60 days notice where the shutdown is a direct result of a natural disaster, but must give as much notice as is practicable. When notice is given, it must include a brief statement of the reason for reducing the notice period. Natural disasters include occurrences such as floods, earthquakes, droughts, or storms. The same rule applies to closings or layoffs due to business circumstances that were not reasonably foreseeable at the time notice would otherwise have been required.
