If your separation date passed during the injunction, did you get a new RIF letter?
No one from my agency has been able to answer. It seems drastic that, as SCOTUS could lift the RIF pause at any time, we could just be let go immediately. From [RIF regulations] (https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-351), it sounds required, but I’m not sure who I’d even reach out to.
Here’s my understanding. Obligatory not a lawyer. Thanks all.
§ 351.801 Notice period. (a) (1) Each competing employee selected for release from a competitive level under this part is entitled to a specific written notice at least 60 full days before the effective date of release. (2) At the same time an agency issues a notice to an employee, it must give a written notice to the exclusive representative(s), as defined in 5 U.S.C. 7103(a)(16), of each affected employee at the time of the notice. When a significant number of employees will be separated, an agency must also satisfy the notice requirements of §§ 351.803 (b) and (c). (b) When a reduction in force is caused by circumstances not reasonably foreseeable, the Director of OPM, at the request of an agency head or designee, may approve a notice period of less than 60 days. The shortened notice period must cover at least 30 full days before the effective date of release. An agency request to OPM shall specify: (1) The reduction in force to which the request pertains; (2) The number of days by which the agency requests that the period be shortened; (3) The reasons for the request; and (4) Any other additional information that OPM may specify. My read - As a competitive hire, I fall under the required 60 day notice, or at least a 30 day one if they go that route.
§ 351.804 Expiration of notice. (a) A notice expires when followed by the action specified, or by an action less severe than specified, in the notice or in an amendment made to the notice before the agency takes the action. (b) An agency may not take the action before the effective date in the notice; instead, the agency may cancel the reduction in force notice and issue a new notice subject to this subpart. My read - The separation date passing doesn’t mean I’m not un-RIFed, but — more unclear with this one — they could decide to cancel and give a new letter. Is this optional, then?
Then, more case by case, I happened to become career after my RIF, which changed my retention group.
§ 351.506 Effective date of retention standing. Except for applying the performance factor as provided in § 351.504: (a) The retention standing of each employee released from a competitive level in the order prescribed in § 351.601 is determined as of the date the employee is so released. (b) The retention standing of each employee retained in a competitive level as an exception under § 351.606(b), § 351.607, or § 351.608, is determined as of the date the employee would have been released had the exception not been used. The retention standing of each employee retained under any of these provisions remains fixed until completion of the reduction in force action which resulted in the temporary retention. (c) When an agency discovers an error in the determination of an employee's retention standing, it shall correct the error and adjust any erroneous reduction-in-force action to accord with the employee's proper retention standing as of the effective date established by this section. As my letter’s contents are now outdated, aren’t I entitled a new one?
Posted Jul 8, 2025, 4:50 PM UTC