President Trump has directed the federal government to conduct a massive reduction in force or “RIF.” Read on to learn more about federal employee severance pay and appeal rights in a RIF.
Can I appeal a RIF in the federal government?
Most career competitive service employees can appeal a RIF to the Merit Systems Protection Board (MSPB). If you are a union member, review your collective bargaining agreement, and talk to your union representative to find out if you must file through the union. Otherwise, you can file your own appeal with the MSPB.
However, you cannot file an MSPB appeal if you:
- Accept reassignment to another position at the same grade and pay pursuant to a RIF
- Resign or retire before receiving a RIF notice (resignation or retirement will be presumed to be voluntary)
- Are subject to a collective bargaining agreement (CBA) that provides for an exclusive avenue of appeal through union procedures (the union will file an appeal on your behalf)
- You are a union member covered by a collective bargaining agreement (CBA) that requires you to use the negotiated grievance procedure (unless you believe the RIF is a pretext to hide illegal discrimination)
You can challenge a RIF for various reasons, including the agency’s failure to comply with federal regulations and illegal discrimination and retaliation, to name a few.
Are federal employees entitled to severance pay?
Regardless of whether you appeal the RIF, you are entitled to severance pay if you meet all the following conditions:
- Employed by one of the following:
- An executive agency
- The Library of Congress
- The Government Publishing Office
- The District of Columbia government
- The Administrative Office of the United States Courts
- The Federal Judicial Center
- A federal appellate or district court
- The Office of the Architect of the Capitol
- Serving under a qualifying appointment
- Have a regularly scheduled tour of duty
- Completed at least 12 months of continuous service
- Involuntarily removed for reasons other than inefficiency (i.e., unacceptable performance or conduct)
Unfortunately, employees are not eligible for severance pay if they:
- Are probationary employees
- Are political appointees
- Worked less than 12 months of continuous service leading up to the RIF
- Are eligible for immediate retirement
- Are eligible for worker’s compensation or disability retirement
- Are removed for legitimate performance or misconduct issues
- Declined a reasonable offer of reassignment (e., reassignment to a position within their commuting area, of the same tenure with the same work schedule, and not less than two grade levels below their current position)
How much severance pay will I receive?
Generally, the amount of severance pay depends on years of service:
- 10 years of service or less: You are entitled to one week of basic pay per year
- More than 10 years of service: You are entitled to one week of basic pay for each of the first 10 years, plus two weeks of basic pay for each year after that.
Employees over the age of 40 may be entitled to upward adjustments. Keep in mind, no federal employee can receive more than 52 weeks of severance pay during his/her/their lifetime.
Do I need an employment lawyer?
If you are facing a RIF, an employment attorney can discuss options for challenging your separation and advise you about your entitlement to severance pay. Alan Lescht and Associates, P.C., represents federal employees who have been affected by RIFs. We understand the intricacies of OPM regulations and are committed to offering efficient and cost-effective solutions tailored to your unique situation. If your agency removed, reassigned, or furloughed, contact us today to learn more about how we can help you achieve the best possible outcome during this challenging time.
