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Top Three News Stories:

1. OSC Reversal on Probationary-Employee Firings

The Office of Special Counsel (OSC) abruptly abandoned its earlier position and told the Merit Systems Protection Board that agencies already have “very limited restrictions” on dismissing employees during their probationary year. In an amicus brief filed May 14, OSC said regulations empower managers to terminate probationers for virtually any reason, asserting that agencies may even be “at fault” for poor records without creating rights for the employee. The brief comes after more than 2,000 former probationers complained to OSC about mass terminations carried out earlier this year under the Trump administration. OSC now argues those firings were lawful, and it faults agencies for historically failing to weed out enough new hires. Federal News Network

Legal Insight:

OSC’s volte-face strips one of the few oversight avenues available to recently terminated probationers and strengthens management’s hand in defending RIF-style separations. Because the brief was filed with the MSPB, its reasoning could shape precedent in forthcoming appeals, making it harder to claim a “prohibited personnel practice.” Unions and good-government groups are likely to challenge the interpretation, but until the Board rules, agencies may feel emboldened to accelerate removals. Probationary employees should be mindful that the window to contest a termination remains extremely short, and any viable challenge will hinge on proving a statutory bar such as discrimination or whistleblower reprisal rather than simple unfairness.

2. Lawmakers Press OPM to Withdraw “Schedule Policy/Career” Rule

Twenty-seven congressional Democrats wrote Acting OPM Director Charles Ezell on May 14 demanding that the administration abandon its plan to revive Schedule F—rebranded “Schedule Policy/Career.” They warn the proposal would eviscerate due-process protections for tens of thousands of civil servants by making them at-will if their work “touches policy.” OPM estimates only 50,000 positions would shift, but lawmakers say vague definitions could let agencies sweep in far more, citing examples at Social Security. The letter lands as OPM’s public-comment docket nears 9,000 submissions and as multiple lawsuits already contest the rule’s legality. Government Executive

Legal Insight:

The congressional push signals mounting political risk for Schedule F’s resurrection—and creates an administrative-law record that opponents will cite if OPM finalizes the rule. While the agency can press ahead after the May 23 comment deadline, it must respond to substantive critiques or face heightened vulnerability under the Administrative Procedure Act. Employees in potentially affected “policy” roles should monitor their position descriptions and consult collective-bargaining representatives about bargaining-unit status, but remember that the rule is not final and could still be stayed by the courts or rescinded by future leadership. Agencies that move prematurely to reclassify jobs risk injunctions and back-pay exposure.

3. CDC “One-for-One” Substitution Policy on Recalled RIF Employees  

The Centers for Disease Control and Prevention reinstated roughly 300 staffers from the National Institute for Occupational Safety and Health on May 14—but simultaneously pledged to eliminate an equal number of other positions “as soon as legally possible.” Internal emails show HHS insisting on the one-for-one swaps to preserve the head-count reductions ordered earlier this year. A federal judge’s ruling the same day ordered CDC to restore certain coal-miner health-surveillance jobs, underscoring the litigation pressure surrounding the RIF. HHS faces overlapping court orders, including a temporary restraining order that bars further layoffs through at least May 23. Government Executive

Legal Insight:

The substitution scheme highlights agencies’ attempt to navigate conflicting legal mandates: court-directed reinstatements versus presidential-level reduction targets. For employees, a recall does not guarantee long-term security if management can immediately target another slot for elimination; collective-bargaining agreements and RIF-retention registers will matter. Ongoing TROs suggest courts are scrutinizing whether agencies complied with statutory RIF procedures and labor obligations. If you receive either a reinstatement or a new RIF notice, note that the appeal windows (usually 30 days to MSPB) run independently for each action, and prior litigation might not automatically protect you from future cuts. Stay alert to union guidance and case developments before accepting severance or settlement offers.

Mindful Moment of the Day: 

Posture Recalibration Loop 

The next time you catch yourself hunched over grant-review paperwork, or something similar, pause long enough to let your spine “grow” upward as if pulled by a string at the crown of your head. Let the shoulders melt down and slightly back, then place one palm on your lower ribs to feel a full diaphragmatic inhale. Research from occupational-health studies shows that spinal realignment for even twenty seconds boosts oxygen saturation and reduces midday fatigue by up to 17 percent—far more than a glance at social media. Closing the brief loop with a slow exhale cues the vagus nerve to switch from fight-or-flight to rest-and-digest, sharpening the executive function you’ll need for the next policy memo.