Special Government Employee (SGE)

A special Government employee is defined at 18 U.S.C. § 202 to include an officer or employee who is retained, designated, appointed, or employed by the Government to perform temporary duties, with or without compensation, for not more than 130 days during any period of 365 consecutive days.  The term also includes a Reserve officer of the Armed Forces or an officer of the National Guard while on active duty solely for training, or if serving involuntarily.

At the time of appointment, the appointing official determines whether the employee will be reasonably expected to work more than 130 days in the 365 days after the appointment date.  If an agency designates an employee as an SGE, based on a good faith estimate, but the employee unexpectedly serves more than 130 days during the ensuing 365-day period, the individual still will be deemed an SGE for the remainder of that period.  However, upon the commencement of the next 365-day period, the agency should reevaluate whether the employee is correctly designated as an SGE, (i.e., expected to serve no more than 130 days).

For additional information, see the memorandum issued by OGE DAEOgram DO-00-003 and DO-00-003A (February 15, 2000).