RIFs May Restart After Feb. 13: What Feds Should Do Now

Federal employees received a temporary reprieve when Congress restricted agencies from using appropriated funds to initiate or carry out new reductions in force (RIFs). That restriction is tied to the current funding window and, as of now, is scheduled to lift after February 13.

Here is the practical takeaway: “quiet” agencies are not necessarily safe agencies. In federal workforce planning, quiet often means preparation. During the last shutdown period, several agencies were already positioned to eliminate roles. Those actions were paused by litigation and then frozen by Congress. If the funding restriction expires, the first notices are likely to come from offices that had already built spreadsheets, drafted reorganization language, and mapped out consolidations.

Preparation now is not panic. It is prudence.

Watch for Pre-RIF Signals Before Notices Go Out

RIFs rarely begin with a surprise email. They begin with runway-building.

Concrete warning signs include:

• Reorganization memos emphasizing “realignment” or “consolidation”

• Sudden rewrites of position descriptions

• Hiring freezes that lack operational logic

• Leadership messaging about “efficiencies” or “alignment”

• Instructions to avoid putting workforce discussions in writing

If these signals appear in your office, document what you see. Preserve emails. Save PD versions. Keep records of changes in duties. If a RIF later occurs, timelines and documentation matter. Many successful challenges turn on procedural missteps, competitive area errors, or flawed retention registers — not broad policy arguments.

The Proposed OPM Rule: A Shift in Where You Fight

At the same time layoffs may restart, the Office of Personnel Management has proposed a major change to how employees challenge RIF actions.

Currently, most employees who are furloughed for more than 30 days, separated, or demoted in a RIF can appeal to the Merit Systems Protection Board (MSPB), an independent adjudicatory body. OPM’s proposal would move most RIF appeals into OPM itself and make that path “sole and exclusive.” In certain circumstances, it could displace negotiated grievance or arbitration routes.

More concerning, the proposal attempts to foreclose judicial review of OPM’s final decision and places significant burdens on employees to prove timeliness, venue, and that agency errors altered the outcome.

The combined effect is this: front-end risk may increase just as back-end review becomes less independent.

What You Can Do Now

First, remain steady. Civil service protections still exist. Agencies must follow strict regulatory procedures in a RIF, and courts continue to enforce statutory limits.

Second, submit a thoughtful public comment on OPM’s proposal if due process in RIF appeals matters to you. Specific, experience-based comments carry weight — especially from employees who understand how these procedures operate in real life.

Third, begin preparing before any notice arrives. Understand your tenure group, veterans’ preference status, competitive area, and service computation date. Knowing your retention standing early reduces panic later.

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.