Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Bureau Of Prisons Contract: A federal judge on Friday voided the Bureau of Prisons' October 7 re-termination of its AFGE contract, ruling the agency could not cancel the agreement a second time without first asking the court to modify its injunction, but he declined to hold BOP leadership in contempt and said individual contract violations belong in the grievance process.

• Administrative Leave And Deferred Resignation: OPM published a final rule this morning that writes deferred-resignation paid leave into regulation, lets agencies put employees on administrative leave during a RIF notice period, and adds "acceptance of benefits under a deferred resignation agreement" as a valid reason to refuse a resignation withdrawal. It takes effect November 18.

• Time-In-Grade Ends: A second OPM final rule published today eliminates the 52-week time-in-grade restriction on General Schedule promotions, effective January 19, 2027. Qualification standards, merit promotion rules, and agency-set prerequisites still apply.

Top Stories:

1. Judge Voids BOP's Second Contract Termination — But Says Day-To-Day Violations Belong In The Grievance Process, Not The Courtroom

Source: Government Executive, October 16, 2026

TL;DR: On Friday, U.S. District Judge Vernon D. Oliver of the District of Connecticut ruled that the Bureau of Prisons violated his September 29 preliminary injunction when it re-terminated the AFGE Council of Prison Locals master agreement on October 7. In a 14-page memorandum and order, the judge wrote that the re-termination is "VOID because Defendants unilaterally terminated the CBA without first moving the Court to modify the PI Order," and that the contract "shall remain in effect" until its agreed term ends on May 28, 2029, or until the court grants a properly filed motion to dissolve or clarify the injunction. He rejected the government's argument that the re-termination was a new agency action beyond the court's reach. But the judge denied the union's request to hold BOP leadership in contempt, calling it premature now that the re-termination has been voided. He also found no violation during the week between the injunction and the re-termination, crediting a BOP declaration that the agency had begun reviewing official time requests, stopped its unilateral policy process, and told institutions to find union office space. Reports of wardens refusing union representation — including one employee who was told "there ain't no union" and was fired at the end of the meeting — are, in the judge's words, "properly addressed under the agreement itself," through its grievance process, "not by this Court."

For federal employees, this means:

• If you are a BOP bargaining-unit employee, the master agreement and its local supplements are in effect as of Friday. The judge's order says the contract runs through May 28, 2029, unless and until the court grants a BOP motion to modify the injunction.
• The court will not police individual violations. If you are denied union representation at an investigative or disciplinary meeting, denied official time, or see a policy change made without bargaining, the remedy the judge pointed to is the contract's grievance procedure. File the grievance and keep the paper.
• The next move is BOP's. The judge spelled out the only lawful path to another termination: file a motion asking the court to dissolve or clarify the injunction. Watch the docket and your union's updates rather than agency memos.

Legal Insight

Under the Federal Service Labor-Management Relations Statute, an employee has the right to union representation at an examination by an agency representative that the employee reasonably believes may lead to discipline, if the employee requests it. 5 U.S.C. § 7114(a)(2)(B). A negotiated grievance procedure under 5 U.S.C. § 7121 is the forum the court identified for individual contract violations, and most grievance procedures carry short filing windows measured in days from the event. The judge's refusal to find contempt rested in part on the government's declaration that noncompliance reflected "administrative burden," so employees who are denied representation or official time should document the request, the denial, and the name of the official who denied it in writing the same day. If a denial of representation is followed by discipline, an employee should talk with a federal employment attorney promptly, because the chapter 75 appeal clock runs from the effective date of the action, not from the outcome of the contract dispute.

2. OPM Finalizes Its Administrative Leave Rule — Deferred Resignation Leave Is Now In The Regulations, And Taking It Can Lock In Your Resignation

Source: Federal Register (Office of Personnel Management final rule), October 19, 2026

TL;DR: OPM published a final rule this morning, 91 Fed. Reg. 65924, amending its administrative leave regulations at 5 C.F.R. part 630, subpart N, along with the RIF notice-period rule at 5 C.F.R. § 351.806 and the resignation rule at 5 C.F.R. § 715.202. It takes effect November 18, 2026. The rule adds a list of acceptable uses of administrative leave, including "extended periods" of paid leave for employees who sign a written agreement to voluntarily separate on a specified future date — expressly covering deferred resignation programs, VSIP, and VERA — and extended leave to "facilitate the voluntary resignation" of employees facing documented performance or misconduct allegations under a settlement agreement. It allows agencies to place employees on administrative leave for all or part of a RIF notice period. And it revises the resignation-withdrawal rule so that an agency may, in its "sole and exclusive discretion," decline a withdrawal request when it has a valid reason, now including "the employee's acceptance of benefits provided under a deferred resignation agreement." OPM received 30 comments, including from two unions and three employee advocacy groups; it describes the rule as codifying existing policy and declined to withdraw it over objections that it circumvents RIF procedures. OPM states the rule does not change RIF retention rules, veterans' preference, or appeal rights, and does not alter the 10-workday limit on investigative leave.

For federal employees, this means:

• If you are offered a deferred resignation in a future program, understand that once you start drawing paid administrative leave under the agreement, the regulation now lists that as a valid reason for the agency to refuse to let you withdraw your resignation. Treat the signature as the decision point.
• If you receive a RIF notice, your agency may place you on paid administrative leave for the notice period rather than keeping you at work. The rule says the ordinary expectation is still duty status, and nothing in it changes your retention standing, bump-and-retreat rights, or your MSPB appeal.
• The rule still says avoiding adverse-action proceedings is not a valid reason to refuse a resignation withdrawal, and it still requires the agency to explain its reason to you. If you are told you cannot withdraw a resignation, ask for that reason in writing.

Legal Insight

Administrative leave is governed by 5 U.S.C. § 6329a, enacted in the Administrative Leave Act of 2016, which also caps leave for investigative purposes at 10 workdays per calendar year, a limit this rule leaves in place. The revised 5 C.F.R. § 715.202(b) keeps the long-standing structure — an employee may resign at any time, and an agency may decline a withdrawal before the effective date only for a valid reason explained to the employee — but adds the agency's "sole and exclusive discretion" and the deferred-resignation benefit as a listed valid reason. A resignation obtained through misinformation, coercion, or a deadline that gave no real choice can still be challenged as involuntary before the MSPB, and that argument does not depend on this rule. If you signed a separation agreement under pressure or on the basis of statements that turned out to be wrong, consult a federal employment attorney before the effective date passes.

3. OPM Eliminates Time-In-Grade — The 52-Week Wait For A GS Promotion Ends January 19, 2027

Source: Federal Register (Office of Personnel Management final rule), October 19, 2026

TL;DR: In a second final rule published this morning, 91 Fed. Reg. 65887, OPM removed the time-in-grade restriction in 5 C.F.R. part 300, subpart F, and made conforming changes to parts 315, 316, 352, and 410. The rule is effective January 19, 2027. Until then, a candidate generally cannot be advanced to a competitive-service General Schedule position at GS-6 or above without 52 weeks in a position no more than one grade lower (two grades lower in two-grade-interval occupations). OPM says it received 75 comments during the 60-day comment period on the May 28, 2026 proposed rule, 41 of which supported elimination, and it is finalizing the rule "substantially as proposed." OPM is explicit about what the rule does not do: it "creates eligibility for consideration; it does not create an entitlement to promotion," it does not waive OPM qualification standards or specialized-experience requirements, and it does not change merit promotion procedures under 5 C.F.R. part 335, within-grade increase rules, veterans' preference, or collective bargaining obligations. Agencies may still impose their own job-related prerequisites, including a specified period of service in grade, so long as they are consistently applied through the agency's written merit promotion plan.

For federal employees, this means:

• Starting January 19, 2027, the calendar alone will no longer block a promotion. If you have been selected or are performing higher-graded work but lack 52 weeks in grade, that barrier goes away — but you still must meet the OPM qualification standard, including specialized experience, for the target grade.
• Your agency can still require time in grade or other prerequisites through its merit promotion plan. Ask your HR office or union whether your agency plans to add one, and get the plan language in writing.
• Faster promotions also mean more discretion for selecting officials. Non-selections and accelerated selections remain subject to the merit system principles and the prohibited personnel practices, including the bar on preferential treatment and on discrimination.

Legal Insight

Promotions in the competitive service are governed by 5 U.S.C. chapter 33, OPM's qualification standards, and the merit promotion requirements of 5 C.F.R. § 335.103, which require a written agency plan and competitive procedures for most promotions. The prohibited personnel practices in 5 U.S.C. § 2302(b) — including granting a preference or advantage not authorized by law to improve or injure a candidate's prospects, and discrimination on a protected basis — apply to every promotion decision, and removing time-in-grade changes none of them. An employee who believes an accelerated promotion went to a favored colleague, or that a non-selection was retaliatory or discriminatory, has the same avenues as before: the agency grievance process, an EEO counselor contact within 45 days under 29 C.F.R. § 1614.105(a)(1), or a complaint to the Office of Special Counsel.

Legal Tip of the Day

When a New Rule Is Published, Find the Effective Date

A new federal rule can feel urgent the day it appears, but publication and effective date are not the same thing. A rule generally takes effect on the date it states, and what applies to you today is still the rule in place today. Before you react, find the effective date, read what the rule says it does not change, and write both down. If you are asked to sign anything that depends on a new rule, such as an agreement, an election, or a resignation, ask what deadlines are running and request the answer in writing. Keep your own notes of who said what and when, outside government systems. Do not assume a headline or a coworker's summary covers your situation, because facts differ from person to person.  

In Case You Missed It

A few quick hits from our recent posts:

Schedule G Explained: 25 Political Appointees, 22 at the VA, and No Public Record for a Year

FLRA Puts Union Election Rules Back After Court Ruling: What the Fine Print Says

Labor Department to Recertify Every Approved Accommodation Each Year: What Employees Should Know

Worried About Retaliation or Being Targeted for Speaking Up?

If you’ve reported misconduct, safety concerns, discrimination, or waste/fraud/abuse—and now you’re seeing sudden schedule changes, bad performance reviews, or threats of discipline—you may be in whistleblower or retaliation territory.

We represent federal employees who:

• Reported concerns and then saw adverse actions

• Were sidelined, reassigned, or given impossible workloads after speaking up

• Face investigations, PIPs, or proposed removals that look like payback

• Need help navigating OSC complaints, EEO claims, or MSPB appeals tied to retaliation

A free, confidential consultation can help you sort out what’s normal agency behavior and what may cross the line—and what to do before your options narrow.

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Disclaimer:

This briefing is for general informational purposes only and does not constitute legal advice or create an attorney‑client relationship. Federal employment law is fact‑specific and time‑sensitive; you should consult a qualified attorney about your own situation and deadlines. Past results do not guarantee future outcomes.

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