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RIFs Continue During Shutdown: What Federal Employees Must Know

federal employment government shutdown mspb appeals opm guidance rif Sep 30, 2025
 

When a government shutdown looms, many federal employees assume all personnel actions grind to a halt. But as of September 29, 2025, OPM has clarified: Reduction in Force (RIF) activity is now considered “excepted.” That means agencies can continue RIF planning and issue notices even if funding lapses. Here’s what you need to know.

RIF Work Doesn’t Stop in a Shutdown

Agency staff assigned to RIF planning will keep working during a shutdown, even if their pay is delayed. Like other excepted employees, they are entitled to back pay once appropriations resume. For career employees, the practical impact is clear: the RIF clock keeps ticking, even in a funding lapse.

RIF Notices Can Still Be Issued

A shutdown does not freeze RIF actions. If you receive a RIF notice, your job is not terminated that day—you remain on duty status through the required notice period. By law, agencies must provide at least 60 days’ written notice before separation, and that clock runs regardless of a shutdown.

Statutory Timelines Still Apply

RIF protections are rooted in law. Agencies must establish a “competitive area” at least 90 days before the RIF takes effect, and they must give employees at least 60 days’ written notice. Even if those 60 days overlap with a shutdown, you remain employed and entitled to retroactive pay once the government reopens.

Shutdown vs. RIF Notices

It’s critical not to confuse two different processes. A furlough notice addresses a temporary funding lapse. A RIF notice is about a permanent workforce reduction. You may see both—but they are separate actions, with different legal consequences and appeal rights.

Action Steps for Employees

If you receive a RIF notice, mark your calendar—the 60-day countdown begins on the date you get it. Use that time wisely:

  • Check your records. Verify your competitive area, tenure group, veteran’s preference, and service computation date in your eOPF and SF-50s. These determine retention standing and bump-and-retreat rights.

  • Track your status. If you are excepted, document your hours for back pay. If furloughed, remember you cannot perform work except for limited permitted activities (like checking official updates).

  • Differentiate communications. Expect two streams of paperwork—shutdown notices and RIF notices. Read carefully; one does not substitute for the other.

  • Prepare for next steps. If a RIF separation occurs, deadlines for MSPB appeals, union grievances, or EEO claims are short. Early consultation with counsel can preserve your rights.

For Supervisors and HR Professionals

OPM has advised agencies to prepare decisional files now and ensure RIF documents are defensible. That means every competitive area, retention register, and placement decision must be documented with care.

Bottom line: A shutdown does not pause RIF mechanics. Your statutory rights and the agency’s obligations remain fully in force.

 

 

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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