- Find Attorney
Under Federal law [5 USCS § 2105], government employee is;
an officer and an individual
1. appointed in the civil service by one of the following acting in an official capacity- the President; a Member or Members of Congress, or the Congress; a member of a uniformed service; an individual who is an employee under this section; the head of a Government controlled corporation; or an adjutant general designated by the Secretary
2. engaged in the performance of a Federal function under authority of law or an Executive act; and
3.subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
An individual who is employed at the United States Naval Academy in the midshipmen's laundry, the midshipmen's tailor shop, the midshipmen's cobbler and barber shops, and the midshipmen's store.
An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an employee for the purpose of laws administered by the Office of Personnel Management except under certain statutory provisions.
A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an individual holding an office of trust or profit or discharging an official function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity.
Except as otherwise provided by law, an employee of the United States Postal Service or of the Postal Rate Commission [Postal Regulatory Commission] is deemed not an employee