The question, is DOGE throwing the baby out with the bathwater? Have the employee rights been terminated? OPM has made it clear in pre-DOGE, the employee has rights when any REDUCTION IN FORCE (RIF) occurs, but what about now, DOGE and the employee have the right to refuse, to transfer, to keep their jobs and appeals. So, I decided to go to the horse’s mouth and ask OPM:
Shipe: “Has OPM eliminated the Employee Right, in the DOGE process of elimination of personnel, agencies and departments?
OPM: “No, OPM has not eliminated employee rights related to Reductions in Force (RIF) or the Department of Government Efficiency (DOGE) initiative; federal employees still have rights and protections during RIFs, including appeal rights to the Merit Systems Protection Board”
Shipe: What are the employee rights when RIF?
OPM: The U.S. Office of Personnel Management develops policy and provides guidance to Federal agencies regarding Reduction in Force (RIF). This page serves as a portal to assist you in locating pertinent information and content related to RIF in the Federal Government.
When an agency must abolish positions, the RIF regulations determine whether an employee keeps his or her present position, or whether the employee has a right to a different position. The regulatory requirements governing reduction in force are contained in Title 5, Code of Federal Regulations, Part 351. Federal agencies must follow the procedures contained in the Code of Federal Regulations when conducting a RIF. The law provides that OPM’s RIF regulations must have effect to four factors in releasing employees:
- tenure of employment (e.g., type of appointment);
- Veterans’ preference.
- length of service; and
- performance ratings.
An agency is required to use the RIF procedures when an employee is faced with separation or downgrading for a reason such as reorganization, lack of work, shortage of funds, insufficient personnel ceiling, or the exercise of certain re-employment or restoration rights. A furlough of more than 30 calendar days, or of more than 22 discontinuous workdays, is also a RIF action. (A furlough of 30 or fewer calendar days, or of 22 or fewer discontinuous workdays, is an adverse action.)
This site provides general and detailed information and guidance on RIF procedures.
Click the Tabs for general information about:
Summary of Reduction in Force
This summary covers the procedures in OPM’s reduction in force regulations.
The Employee Guide to Reduction in Force Benefits
The information presented in this guide is intended to provide an overview of benefits and entitlements if you are affected by RIF. The information is general in nature and cannot cover every situation. It may not be applicable to every Federal employee. If you need more specific information, please contact your human resources office.
Summary of Transfer of Function
A transfer of function takes place when a function ceases in one competitive area and moves to one or more other competitive areas that do not perform the function at the time of transfer. This summary covers the rights of non-temporary employees who have the right to move with their work to another organization if the alternative is separation or downgrading by RIF.
Workforce Reshaping Operations Handbook and Appendices
The Workforce Reshaping Operations Handbook(PDF file) with Appendices(PDF file) assists Federal agencies that are reshaping by identifying mandatory procedures that agencies must follow and by suggesting related options that may reduce the likelihood of involuntary separations.
