Twenty-Two Cases, Two Million Feds: OPM Reopens Comments on Its Federal Removal Rule Through September 29
Would you rewrite the federal removal rules for two million people based on twenty-two cases? That is what is on the table. The Office of Personnel Management has reopened the public comment period on Promoting Employee Accountability, the proposed rule governing how federal employees are removed for performance or misconduct and how the Merit Systems Protection Board reviews those removals. Comments are due September 29, 2026.
Why OPM Reopened the Comment Period
The reason for the reopening is a report from a group called We the Doers, published August 27, 2026. OPM's notice in the Federal Register invites comment on that report and on new data OPM published alongside it. The window is short: roughly two weeks from the notice to the September 29 deadline.
What the We the Doers Report Actually Says
Shaun Southworth read the report. It is based on interviews with ten managers and twenty-two cases, twelve of which were analyzed in detail. In the report's own words, its sample is quantitatively small and not necessarily representative.
The recommendations are far broader than that sample. Among them: fold MSPB, EEOC, and Office of Special Counsel appeals into a single new body; raise the bar for getting an EEO complaint accepted, or eliminate agency EEO offices altogether; bar union contracts from adding any removal protections; and, for an employee on a performance improvement plan who requests FMLA leave or a reasonable accommodation, require a second opinion from the agency's own doctor. The report also proposes tracking time to fire as a metric, with a target of under six months.
A Comment Period Is the Record, Not a Petition
Here is the inside baseball. A comment period is not a vote. It builds the administrative record. When OPM finalizes this rule, it must respond to the significant comments it received, and if the rule is challenged in court, the judge reads that record. If the only things in it are one report and OPM's framing of that report, that is what the rule will stand on.
OPM's own data, published with the reopening notice, shows that removals and adverse actions have not increased this fiscal year. OPM has also said it will only consider comments that address the data it published. So address it. Comments that engage the numbers are the comments OPM has committed to considering.
What Southworth PC Is Doing Next
Our team is heads-down on exactly this. Next week we will release our EEO public comment, our advice for federal employees in prerecorded videos, and our full line-by-line response to the We the Doers report.
How Federal Employees Can Comment
You can comment too. Go to regulations.gov, search for Promoting Employee Accountability (docket 2025-OPM-0012), and submit before September 29, 2026. OPM has said it will not consider late filings, so do not wait until the last day.
None of this is final. That is what a comment period is for. If you are currently facing a performance improvement plan or a proposed adverse action, the existing rules still govern your case, and the federal employee lawyers at Southworth PC can help you understand your rights under them.
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.