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order to qualify for funding and requested that workers dedicated to COVID-19 response be <br />exempted from the calculation of number of employees. <br />Many commenters also requested an expanded set of eligible uses beyond restoring their <br />workforce up to the pre -pandemic baseline. Commenters requested that funding be able to be <br />used to avoid layoffs, provide back pay, retain employees through pay increases and other <br />retention programs, or reimburse salaries and benefits already paid. Some commenters also <br />requested clarification as to whether recipients can fund re -hired positions through the period of <br />performance and on the definition of payroll and benefits. Other commenters requested <br />preferential hiring for workers laid off, a strong commitment to equity, and a requirement that <br />funds would not be used to pay for contract or temporary replacement workers during a labor <br />dispute. <br />Treasury Response: The final rule allows for an expanded set of eligible uses to restore <br />and support public sector employment. Eligible uses include hiring up to a pre -pandemic <br />baseline that is adjusted for historic underinvestment in the public sector, providing additional <br />funds for employees who experienced pay cuts or were furloughed, avoiding layoffs, providing <br />worker retention incentives, and paying for ancillary administrative costs related to hiring. <br />Restoring pre -pandemic employment. In response to comments and recognizing <br />underinvestment in public sector employment, the final rule expands the ability to use SLFRF <br />funds to restore pre -pandemic employment. Treasury is also clarifying how, and the extent to <br />which, recipients may use SLFRF funds to rehire public employees. <br />The final rule provides two options to restore pre -pandemic employment, depending on <br />recipient's needs. Under the first and simpler option, recipients may use SLFRF funds to rehire <br />staff for pre -pandemic positions that were unfilled or were eliminated due the pandemic without <br />179 <br />