White House to Issue Rules on RIF, Disciplinary Policy Changes

The Trump administration has said it plans to issue rules to carry out a range of federal personnel policy changes—most notably regarding procedures and appeal rights regarding RIFs and disciplinary actions—in some cases putting into regulations the terms of guidance it already has issued.

A summary of expected rule-making actions includes for example rules to “reduce the requirements placed on agencies when providing employees with an opportunity to demonstrate acceptable performance; eliminate the requirement that agencies must use progressive discipline for adverse actions and otherwise limit interference with the appropriate penalty determination; and restrict agencies from agreeing to remove performance-based and adverse actions from an employee’s official personnel folder and other records as a condition of settlement.”

That reflects a previously issued OPM memo to agencies revising many of the policies governing performance evaluations of federal employees.

Regarding RIFS, it includes an intent to “amend the retention factors to prioritize performance over length of service when determining which employees will be retained in a RIF and streamline the RIF process” and to “streamline the RIF appeals process.”

Rules also are planned to carry out previously announced policies that:

• agencies do not need to cite a performance problem when firing federal employees during their probationary periods;
• to authorize OPM to order the firing of employees of other agencies on grounds that they are not “suitable” for continued employment;
• and to place a focus in SES candidate development programs on carrying out administration policies.

While those policies also were previously announced through administrative actions, putting them into regulations would require a future administration to undertake a formal process to reverse them, rather than revoking them with a new administrative action.

Others reflect initiatives that have spanned many years, including to:

• Better enable an agency to share certification that a candidate was eligible for a position, although not selected, with other agencies with similar vacancies so that they don’t have to repeat the certification process.
• Update operating rules for the annual Combined Federal Campaign to “update audit thresholds for charities, open CFC to more causes, and give donors greater flexibility to modify pledges, among other benefits.”
• Carry out a 2022 law allowing certain federal employees serving as first responders who are subsequently injured or taken ill in the line of duty to maintain their enhanced retirement benefits upon returning to work in any position, not just to one with enhanced retirement provisions.
• Increase the allowance for employees required to wear uniforms at work from the $800 a year that has been unchanged since 2007.

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See also,

The Best Ages for Federal Employees to Retire

How to Challenge a Federal Reduction in Force (RIF) in 2025

Will Social Security Be Around in Ten Years? What Federal Employees Should Know

Should I be Shooting for a $1M TSP Balance? Depends…

Pre-RIF To-Do List from a Federal Employment Attorney

Primer: Early out, buyout, reduction in force (RIF)