Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Promotions: OPM proposes scrapping the 52-week wait before federal employees can be promoted to the next grade, with the proposed rule scheduled to publish in the Federal Register today.

• Probationary Firings: A new survey of more than 300 federal employees fired in February 2025 finds many still unemployed, working for less money, and reporting new mental-health symptoms — with 15% reinstated and then terminated again.

• Postal Service: USPS Postmaster General David Steiner imposes immediate restrictions on hiring, travel, training, and discretionary spending across all departments to delay an early-2027 cash crunch.

Top Stories:

1. OPM Proposes Eliminating the 52-Week Wait Before Federal Employees Can Be Promoted

Source: Federal News Network, May 27, 2026

TL;DR: On May 27, 2026, OPM released a proposed rule that would eliminate the 52-week — one-year — time-in-grade waiting period currently required before most General Schedule employees in the competitive service can be promoted to the next grade. The rule is scheduled for Federal Register publication on May 28, 2026, as Public Inspection document 2026-10552, and would remove 5 C.F.R. Part 300, Subpart F. OPM Director Scott Kupor said promotions should be based on demonstrated ability, "not how long they have waited." OPM frames the change as administrative-burden reduction, a recruiting tool, and an effort to align federal promotion speed with the private sector. The proposal arrives alongside OPM's separate March 2026 proposed rule reordering reduction-in-force (RIF) retention factors to put performance — rather than tenure — at the top of the retention register. OPM last issued a final rule eliminating time-in-grade in 2008, then withdrew it in 2009 before it took effect.

For federal employees, this means:

• If finalized, qualified GS competitive-service employees could be promoted without serving 52 weeks at their current grade, provided they meet occupational qualification standards for the higher grade.

• Once the rule publishes in the Federal Register, a public comment period opens; comments are submitted through regulations.gov referencing document 2026-10552.

• The change interacts with OPM's pending RIF retention proposal — together, they shift weight away from time served toward performance ratings and demonstrated skills, with practical consequences for who is retained in a workforce reduction and who is promoted into the bullseye.

Legal Insight:
The current time-in-grade restriction sits at 5 C.F.R. Part 300, Subpart F, §§ 300.601–300.605, and applies to competitive-service General Schedule positions. OPM is proceeding through notice-and-comment rulemaking under 5 U.S.C. § 553; federal employees who want their views considered must submit comments during the open comment window once the rule publishes. Employees concerned about how this change interacts with the proposed RIF retention reorder — particularly those with long tenure but weaker recent performance ratings — should consult a federal employment attorney to review their performance file and any pending personnel action before a RIF notice issues.

2. One Year Later — Survey of Fired Probationary Federal Employees Finds Unemployment, Lower Pay, and Widespread Mental-Health Strain

Source: Government Executive, May 27, 2026

TL;DR: A group of former federal probationary employees calling itself 27 UNIHTED surveyed more than 300 colleagues fired during the February 2025 mass probationary terminations, representing 12 federal departments across 43 states and one territory. Government Executive reported the results on May 27, 2026. The most frequent answer to how long it took to find a new job was "still unemployed," and roughly 80 respondents reported submitting more than 100 applications. Of those who found new roles, 49% said their new salary is "significantly lower" than their federal pay and another 19% said it is "lower." Ninety-five percent reported new mental-health symptoms after termination. About 25% said they were reinstated to their federal jobs; another 15% said they were reinstated and then terminated again. Nearly 85% said their agencies were not transparent about the firings. The survey was self-selected rather than random, which the organizers acknowledge.

For federal employees, this means:

• In September 2025, Judge William Alsup ruled in AFGE v. OPM, No. 3:25-cv-01780-WHA (N.D. Cal.), that OPM's directives ordering the mass probationary terminations were unlawful; he declined to order reinstatement, citing an earlier Supreme Court ruling and his finding that affected employees had moved on. The case is on appeal.

• Schedule A employees and other probationers with two-year probationary periods reported being swept into the firings even when their service length exceeded the one-year mark that traditionally cuts off probationary status under a one-year probation.

• Workers who were terminated in February 2025, who declined reinstatement out of fear of a later RIF, or who were reinstated and then RIF'd may still have claims or grievances worth evaluating; case-specific filing deadlines apply.

Legal Insight:
Federal employees in their probationary or trial period generally fall outside the definition of "employee" with full MSPB appeal rights under 5 U.S.C. § 7511(a)(1), which is one reason the February 2025 terminations targeted that population. Even so, probationers retain limited appeal rights when a removal was based on partisan political reasons or marital status (5 C.F.R. § 315.806(b)) or on conditions arising before appointment without required procedures (5 C.F.R. § 315.805). Workers terminated in February 2025 who declined reinstatement, or who were reinstated and then RIF'd, should consult a federal employment attorney to evaluate whether any claim or grievance remains open, particularly while the AFGE v. OPM appeal is pending.

3. Postmaster General Imposes Immediate Spending Restrictions on USPS — Hiring, Travel, and Training Affected

Source: Federal News Network, May 27, 2026

TL;DR: In a memo dated Tuesday, May 26, 2026, Postmaster General David Steiner imposed immediate restrictions on nonessential spending across all USPS departments to slow the agency's accelerating cash burn. USPS, which employs approximately 640,000 workers, expects to exhaust its cash by early 2027 absent congressional action. Steiner's memo limits hiring to the backfilling of authorized vacant positions; any hire above the authorized headcount requires approval from Deputy Postmaster General and Chief Human Resources Officer Doug Tulino. Nonessential travel and in-person conference attendance are suspended unless tied to revenue, contract or regulatory compliance, or audit work. Training is deferred unless legally or contractually required. New software subscriptions, license expansions, and discretionary office-supply purchases are paused. The restrictions remain in place until USPS's cash position stabilizes. Brian Renfroe, president of the National Association of Letter Carriers, said the memo "continues to highlight the need for the reforms to give the Postal Service some short and long-term financial relief." USPS plans to raise the price of a first-class forever stamp from 78 cents to 82 cents on July 12, 2026, pending regulator approval.

For federal employees, this means:

• USPS bargaining-unit positions remain subject to collective bargaining agreements that require the agency to fill bargaining-unit vacancies; the memo's hiring restrictions are unlikely to affect frontline letter-carrier and clerk hiring.

• Nonbargaining USPS roles — particularly headquarters and management vacancies above authorized levels — face a hiring slowdown that may affect promotion timing and lateral opportunities.

• Travel and training freezes mean any employee scheduled for an in-person conference, off-site training, or non-mandatory professional development should expect cancellation or a virtual substitute, with virtual alternatives the default unless legally required to be in person.

Legal Insight:
The Postal Service is an independent establishment of the executive branch under 39 U.S.C. § 201, and its labor relations are governed by 39 U.S.C. §§ 1201–1209 — not the Federal Service Labor-Management Relations Statute (5 U.S.C. ch. 71) that covers most of the rest of the federal workforce. Steiner's April 2026 suspension of USPS employer contributions to the Federal Employees Retirement System (FERS), an extraordinary measure last taken in June 2011, signals continuing pension-funding strain on the agency. The 2022 Postal Service Reform Act, Pub. L. No. 117-108, provided approximately $107 billion in retiree-health liability relief and a Medicare-integration provision; further legislative action would be required to address the current cash position.

Mindful Moment of the Day

The HR Email Breath

An HR email can make your stomach drop before you even open the attachment. Maybe it mentions a policy update, a reporting requirement, a return-to-office reminder, or a deadline that feels loaded. Before clicking through every link, take one slow breath and let your shoulders fall away from your ears. Then read the message once for facts only: What is being asked? What is the deadline? What is unclear? Write down one question or one next step. Mindfulness does not remove the seriousness of the message; it helps you meet it with a steadier mind. 

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