In updated guidance published Sunday, the Office of Personnel Management issued clarification on how federal government agencies should handle Reduction In Force (RIF) procedures.
Below are the FAQs provided by OPM regarding RIFs.
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Reductions in Force
Reminder to agencies: Agencies are encouraged to prepare decisional documents to document and support RIF-related decision-making. OPM encourages agencies to consult with their legal staff regarding what documents are necessary and what information they should contain.
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. To request an exception to the 90-day competitive area requirement, please send a completed request template to the OPM Workforce Policy and Innovation’s RIF Policy Advisory Team at [email protected].
To download and read the updated guidance for shutdown furloughs from OPM, go here.