Attorneys for Federal Employees — Nationwide

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Today at a Glance

• House panel backs 2‑year probation: Bill would double the usual trial period for many new hires and promotions.

• State RIFs go ahead despite “pause”: State Department plans to complete layoffs even after a shutdown‑ending RIF moratorium.

• $10,000 FAA bonus fight: Senator pushes DOT to expand shutdown bonuses to nearly all affected workers.

Top Stories:

1. House Panel Backs 2‑year Probation for Most New Federal Employees

Source: Government Executive — December 2, 2025

TL;DR: A House committee voted along party lines to advance the Ensuring a Qualified Civil Service (EQUALS) Act, which would double the probationary period for most new federal employees from one year to two. The bill would also require agency heads to formally certify conversions from probationary to permanent status instead of allowing automatic conversion.

For federal employees, this means:

• If this bill becomes law, many new hires (and some newly promoted employees) could spend two years in a probationary status with limited appeal rights.
• Managers would need to actively sign off before you gain full civil service protections, rather than you “rolling over” automatically into permanent status.
• It’s a clear signal that some in Congress want to give agencies more time and more power to separate newer employees.

Legal Insight:
This proposal would change parts of Title 5 so that the probationary or trial period is longer and full rights at MSPB, EEO, or through a grievance are delayed. Even today, probationary employees already have fewer rights and often cannot challenge removals the same way long‑term career employees can. If you are new or recently promoted, keep copies of your job announcement, position description, performance standards, and any written feedback (good or bad). Ask for expectations and performance concerns in writing, and keep a simple timeline of key events in case you later need to show what happened and when. Because deadlines in federal employment cases can be short, consider talking with your union and a qualified federal employment attorney right away if you get a performance plan, proposed discipline, or a RIF notice while still in probation.

2. State Department Pushes Ahead With Layoffs Despite Shutdown RIF Pause

Source: Government Executive — December 2, 2025

TL;DR: The State Department has told about 250 Foreign Service officers that their reduction‑in‑force (RIF) separations will go forward this Friday, even though the shutdown‑ending continuing resolution includes a temporary moratorium on federal layoffs. Earlier RIF notices went to about 1,350 employees in July; most civil servants were separated in September, but the Foreign Service cuts were delayed by the shutdown and a court order. State now says it can finalize the remaining layoffs without violating the RIF pause, while lawmakers and unions strongly question that view.

For federal employees, this means:

• Even when Congress passes a law that appears to pause RIFs, agencies may still argue they can finish RIFs that were already started.
• If you have a RIF notice, you cannot assume the shutdown deal or a new law automatically cancels it—your individual notice and dates still matter.
• The State case may become a test of how strictly agencies must follow the RIF moratorium, and other agencies may watch and follow the same playbook.

Legal Insight:
RIF procedures for most competitive‑service employees come from 5 U.S.C. §§ 3501–3504 and 5 C.F.R. Part 351, which set rules for things like competitive levels, retention points, and notice. The continuing resolution added another layer by telling agencies not to use funds to “initiate, carry out, [or] implement” a RIF, but that language is now being tested. If you receive a RIF notice, keep every page, note the effective date, and calendar your MSPB appeal deadline (often 30 days from the effective date) and any union grievance deadlines. Ask HR in writing for your retention information and how they scored you, and keep their answers. Because RIF and appeal rules are complex and timelines are short, consider talking with your union and a qualified federal employment attorney as soon as you get a RIF notice or separation decision.

3. Senator Presses DOT to Expand $10,000 Bonus for FAA Shutdown Work

Source: CBS News — December 3, 2025

TL;DR: Senator Tammy Duckworth has urged the Transportation Department to pay a planned $10,000 bonus to all FAA air traffic controllers and technicians who worked through the 44‑day government shutdown. Right now, DOT plans to award the bonus only to workers who did not miss a single day during the shutdown, which would exclude about 96% of the workforce. Duckworth calls that approach unfair and divisive, arguing that everyone who kept the airspace safe under intense stress should be recognized.

For federal employees, this means:

• For FAA employees, there is political pressure to widen who qualifies for the $10,000 bonus tied to shutdown work.
• Similar debates could arise at other agencies over how to design “thank‑you” bonuses or awards for people who worked through shutdowns or crises.
• It highlights a key difference: back pay during a shutdown is set in law, but bonus programs are discretionary and can raise fairness and labor‑relations concerns.

Legal Insight:
Bonuses and awards like this are generally allowed under 5 U.S.C. chapter 45 and related pay authorities, and agencies have wide discretion in setting the rules as long as they follow the law, regulations, and any union contract. A bonus is usually not a guaranteed entitlement, but if the criteria appear to treat groups differently based on protected characteristics (such as disability, sex, race, or age) or conflict with a collective bargaining agreement, there may be grounds to challenge it. If you believe you were wrongly excluded from a bonus program, start by getting the written policy and any memo or email that explains the criteria, and ask HR or management in writing for the specific reason you are ineligible. You may have options through a union grievance, an EEO complaint, or an administrative complaint, depending on the issue and your bargaining status. Because each process has its own rules and tight deadlines, consider talking with your union and a qualified federal employment attorney before deciding what to file.

Legal Tip of the Day

Start a Quiet Work Journal

One of the best protections you have is your own written record. Start a simple private log today (at home or in a personal app): date, time, who was involved, what was said or done, and any documents or emails related to the event. Include both positive and negative events—strong performance notes can help you later, too. Don’t store this on government systems. Over time, this log becomes invaluable if a dispute, investigation, or EEO matter arises. If your log is starting to show a pattern that concerns you, our firm can help you understand what it might mean.