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OPM's Proposed Rule: A 30-Day PIP Cap and Removal by Default

douglas factors federal employees mspb opm rule performance improvement plan Jul 09, 2026

The Mindful Federal Employee blog by Southworth PC

A newly proposed rule from the Office of Personnel Management (OPM) could reshape how federal performance cases work — capping performance improvement periods at 30 days and making removal the default outcome for employees whose performance is still rated unacceptable. It is a proposal, not law, and the public comment period is open now.

What the Proposed Rule Would Change

Most of the early coverage has focused on OPM and the Merit Systems Protection Board (MSPB) moving to retire the Douglas factors — the longstanding list of considerations agencies weigh before setting a penalty — in favor of a "totality of the circumstances" standard. But the proposed rule, titled "Promoting Employee Accountability," reaches into nearly every stage of a performance case.

A 30-Day Cap on Your Improvement Period

Current standards give employees a "reasonable" opportunity to improve, which in practice has often meant considerably longer than a month. The proposal would generally limit that improvement period to the statutory minimum of 30 days and eliminate the "pre-PIP" period some agencies use.

Removal as the Default

If performance is still unacceptable after the improvement period, the proposed rule provides that the agency must propose a removal action — not a demotion or reassignment — unless a higher-level official chooses a lesser penalty.

An End to Clean-Record Settlements

Agencies would be barred from wiping discipline or a negative performance rating from an employee's file as part of settling a case, removing a tool that has long helped resolve disputes.

A New "Abandonment" Rule

Under the proposal, an employee who misses ten consecutive days without submitting a resignation could be treated as having voluntarily quit — and separated without the adverse-action procedures of 5 C.F.R. Part 752, including the right to appeal to the MSPB.

The proposal would also narrow who counts as a comparable employee when challenging a penalty and provide that an agency missing its own deadlines is no longer, by itself, a basis to overturn an action.

What this means for federal employees

Taken together, the changes would mean less time to improve, a harder default penalty, and fewer procedural defenses. If you have ever been placed on a performance improvement plan (PIP), the pressure you felt is exactly the dynamic this rule would put into writing. It bears repeating: this is a proposed rule, not final, and its provisions could change before any final version takes effect.

What You Can Do Today

Because it is a proposal, the public can comment before it is finalized, and your comment becomes part of the official record. Go to regulations.gov, search docket OPM-2025-0012, and file a comment. The rule was published July 2, 2026, and comments are due by August 3, 2026 — but confirm the current deadline on the site before you rely on it.

If you are facing a PIP or a proposed removal and want to understand your options, the federal employee lawyers at Southworth PC represent federal employees nationwide and worldwide.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.

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