FEMA generally determines the eligibility of various types of pay, including hazard pay, based on the applicant’s predisaster written labor policy, provided the policy: (1) does not include a contingency clause that payment is subject to Federal funding, (2) is applied uniformly regardless of a Presidential declaration, and (3) has set non-discretionary criteria for when the Applicant activates various pay types. To be eligible, costs must be directly tied to the performance of eligible work and be adequately documented. The Applicant did not demonstrate that its predisaster written labor policy sets non-discretionary criteria for when the Applicant activates hazard pay. In addition, the Applicant did not demonstrate that the hazard pay costs were directly tied to the performance of eligible work.

FEMA finds that the Applicant did not demonstrate that the claimed hazard pay costs are eligible for reimbursement under FEMA’s PA program. Therefore, this appeal is denied.

Stafford Act § 403(a)(3) 44 C.F.R. §§ 206.225(a)(3)(i), 206.228(a)(2)(iii) PAPPG, at 21, 23-25, 133