After the Trump administration encouraged agencies to conduct further reductions in force, the Office of Personnel Management is now clarifying that any work involving RIFs should be considered “excepted activities,” and can continue throughout a government shutdown.
In guidance published on Sunday, OPM green-lit agencies to conduct RIF-related work, such as issuing RIF notices to federal employees, while simultaneously preparing for employee furloughs ahead of a possible government shutdown Tuesday night.
“Agencies are encouraged to prepare decisional documents to document and support RIF-related decision-making,” the OPM guidance reads. “OPM encourages agencies to consult with their legal staff regarding what documents are necessary and what information they should contain.”
In practice, OPM’s guidance means agencies can choose to let any federal employees working on RIF plans continue doing their jobs, with no lapses, throughout a government shutdown. Those employees, however, will not be paid during a potential government shutdown, although they are guaranteed backpay once a shutdown ends.
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But at the same time, employee positions impacted by potential RIFs would not be removed right away. In its guidance, OPM reminded agencies that RIFs still require providing a 60-day notice period to all impacted employees, including for any RIFs that take place either ahead of or during a potential shutdown.
During that 60-day period, OPM said any federal employees impacted by a RIF maintain their employment status until their official date of separation. If any part of that 60-day window overlaps with a government shutdown, impacted employees would still be entitled to retroactive pay once a shutdown ends, regardless of whether they are furloughed or excepted.
Prior to a RIF actually taking place, agencies are also required to set “competitive area” for the upcoming reduction. The “competitive area,” which can be created either geographically or by program area, must be defined at least 90 days in advance of the RIF taking place, OPM said in the new shutdown guidance.
RIFs are also a separate process from shutdown contingency plans, OPM said, meaning that agencies are expected to issue separate notices for each process. Any notices related to RIFs should be sent to all agency employees — regardless of whether they are excepted or furloughed, OPM added.
Additionally, federal employees who get furloughed during a potential government shutdown would still be allowed to use government equipment for a few limited reasons, OPM said. That can include checking for agency updates on if their jobs are being impacted by potential RIFs.
An OPM spokeswoman declined to comment on if OPM was aware of any agencies who were planning to move forward with further RIFs in light of the new Office of Management and Budget guidance.
If a shutdown is ultimately averted, the Trump administration has said agencies do not need to push forward with additional RIF plans — but OMB still encouraged agencies to do so, with a particular focus on removing employees whose jobs would be furloughed, or whose work is not aligned with the President’s priorities.
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Max Stier, president and CEO of the Partnership for Public Service, called OMB’s strategy for downsizing the workforce based on employees’ shutdown status “ridiculous logic.”
“They might argue that [employees being furloughed] demonstrates that they’re not necessary, and therefore we can RIF them — they’re going to use this concept of who is not excepted as a way of identifying those that aren’t necessary,” Stier told reporters during a press briefing Monday afternoon. “That is a total misunderstanding of who actually is needed to run our government over time. That long-term piece is actually critical, and they don’t seem to get it.”
The Trump administration directed agencies to put together RIF plans earlier this year, but only a handful of agencies have moved forward with fully implementing RIFs. Many other agencies are instead relying on voluntary separations through the deferred resignation program (DRP) to meet the administration’s expectations of a shrinking federal workforce. And in other cases, agencies have walked back portions of their workforce reduction plans after deeming certain employees to be “mission-critical.”
Over the weekend, OPM also reminded agencies in separate guidance that any employees who are currently on administrative leave, including the tens of thousands of workers who are part of the DRP, should be furloughed for the purposes of a government shutdown.
“Such employees do not need to perform any orderly shutdown activities as they should have already transitioned their work to other agency staff and should not have access to federal government equipment or systems,” OPM said.
Federal employees currently on administrative leave will receive backpay after a shutdown ends for any days that they were still in an employment status, according to OPM’s guidance. That won’t apply, however, to most employees who took the DRP, since their final day of employment is expected to coincide with the funding deadline on Sept. 30 — and they will only be paid through their final official day of government service.
The same payment guidance applies to any federal employees impacted by potential RIFs — they will be paid until their official day of government service, including any shutdown days that occur prior to their final day of work. But payment for any workdays during a government shutdown will be retroactive and only paid out once the shutdown ends.
President Donald Trump was expected to meet with Republican and Democratic congressional leaders Monday afternoon, the Associated Press reported. But so far, both parties have stayed largely entrenched in their positions on government spending, with little willingness to budge. Congress has until midnight on Tuesday to reach a spending deal, before a potential government shutdown would take place.
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