FEMA determines the eligibility of overtime, premium pay, and compensatory time costs based on an applicant’s predisaster written labor policy, provided the policy does not include a contingency clause, is applied uniformly regardless of a Presidential declaration, and has set non-discretionary criteria. The Applicant’s labor policy does not include a contingency clause. The Applicant applied the policy uniformly regardless of a Presidential declaration, as it activated the policy prior to the Presidential declaration for Hurricane Irma. The PAPPG states that only overtime labor costs tied to the performancy of eligible emergency work are eligible for reimbursement. FEMA previously granted the Applicant’s eligible overtime costs with documentation tying them to eligible emergency work. The Applicant submitted documentation tying some additional costs for overtime FAL to eligible emergency work. However, the Applicant has not demonstrated that the remaining costs submitted were tied to eligible emergency work.

The Applicant’s pay policy meets FEMA’s criteria for eligibility, and the documentation the Applicant submitted on second appeal supports an additional $1,816.61 in eligible FAL costs. However, the remaining costs are not eligible as they are associated with employees that performed essential functions as normally scheduled.

Stafford Act § 403(a). 44 C.F.R. §§ 206.225, 206.228. PAPPG, at 21, 23, 24, 26, 42, 58. City of Beaufort, FEMA-4286-DR-SC, at 4; Dep’t of Transp., FEMA-4068-DR-FL, at 5; City of Sweetwater, FEMA-1345-DR-FL; Broward Cty School Dist., FEMA-4283-DR-FL, at 2.