OPM: An agency can run a RIF and may issue RIF notices (prepared in accordance with the requirements in 5 CFR part 351, subpart H) when preparing for a shutdown furlough. Image: Mark Van Scyoc/Shutterstock.com
By: FEDweek StaffFollowing is the section of updated OPM guidance on federal personnel considerations of government shutdowns addressing conducting RIFs.
1. What is the difference between a reduction in force (RIF) and a furlough?
A. A reduction in force is a process to separate or reassign employees when positions have been abolished. A furlough is the placing of an employee in a temporary non-duty, non-pay status because of lack of work or funds, or other non disciplinary reasons.
2. Can an agency run a RIF during a shutdown furlough? If so, can an agency issue RIF notices during the period of orderly shutdown before a shutdown furlough?
A. Yes, an agency can run a RIF and may issue RIF notices (prepared in accordance with the requirements in 5 CFR part 351, subpart H) when preparing for a shutdown furlough. OMB has determined that agencies are authorized to direct employees to perform work necessary to administer the RIF process during the lapse in appropriations as excepted activities.
3. What happens if the RIF effective date occurs during a shutdown furlough?
A. The RIF notice period continues during a lapse in funding (i.e., the effective date of release occurs as planned). OMB has determined that agencies are authorized to direct employees to perform the work necessary to administer the RIF process during the lapse in appropriations as excepted activities.
4. Is a furlough notice different than a RIF notice?
A. Yes, furlough notices and RIF notices require different information. A furlough notice provides information about the reason for the furlough, information about appeal rights and a Form SF-8 (Notice to Federal Employee about Unemployment Insurance).
This form provides information on filing unemployment compensation claims, including the agency’s mailing address and Federal identification code. Employees may be asked to provide or refer to this form when they file a claim with their State unemployment insurance agency.
A RIF notice provides information about the RIF, how the employee is impacted, the benefits available to the employee and appeal rights. RIF notices must be created in accordance with 5 CFR 351 Subpart F. Sample templates for RIF notices are available on OPM’s website at RIF Resources and Templates.
5. Are there any additional notice requirements for RIFs of 50 or more employees in a competitive area?
A. Yes, when an agency separates 50 or more employees by RIF from a competitive area, the agency must provide additional notification in accordance with 5 CFR 351.803(b) and the Workforce Investment Act of 1998.
6. Are there any restrictions on establishing or changing competitive area definitions?
A. Yes. An agency must establish competitive areas at least 90 days prior to the RIF effective date. Establishment or changes to competitive areas within 90 days of the RIF effective date must be approved by OPM.
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