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Second Appeal Summary
PA ID# 000-92013; Florida International University
DSR ID# 22797, 22798, 78634, 78635; Administrative Leave
Citation: FEMA-3131-EM-FL, PA ID 000-92013, Florida International University, DSRs 22797, 22798, 78634, 78635, Administrative Leave
Cross-reference: Force Account Labor Costs, Emergency Work
Summary: The Florida International University (University) closed from Thursday, September 24 to Sunday, September 27, 1998, based on hurricane warnings from the National Hurricane Center. Non-essential employees were sent home on administrative leave and paid their regular-time salaries for missed work. On March 23, 1999, Damage Survey Reports (DSRs) 22797 and 22798 were prepared for a total of $1,213,196 to reimburse the University for force account labor costs. Upon review, FEMA determined that the employees did not perform eligible emergency work and the DSRs were deobligated. In its first appeal, the University claimed that granting administrative leave was an emergency protective measure and the costs of granting administrative leave should be eligible. It stated that eligible labor costs should not be limited to those associated with the physical performance of work. FEMA denied the appeal because the University employees did not perform eligible work. The University submitted its second appeal on November 14, 2000.
Issues: 1) Does FEMA reimburse the costs of straight- or regular-time salaries paid to an applicant's permanent employees who perform emergency work? 2) Did University employees perform eligible disaster-related work?
Findings: 1) In general, no. However, Amendment #6 to the FEMA/State agreement for this emergency declaration states that these are eligible costs. 2) No.
Rationale: 44 CFR