https://www.opm.gov/policy-data-oversight/pay-leave/furlough-guidance/#url=Overview
“The U.S. Office of Personnel Management (OPM) has prepared human resources guidance for agencies and employees in the event of furloughs. There are two types of furloughs -”
“An administrative furlough is a planned event by an agency which is designed to absorb reductions necessitated by downsizing, reduced funding, lack of work, or any budget situation other than a lapse in appropriations. Furloughs that would potentially result from sequestration would generally be considered administrative furloughs.”
“A shutdown furlough (also called an emergency furlough) occurs when there is a lapse in appropriations, and can occur at the beginning of a fiscal year, if no funds have been appropriated for that year, or upon expiration of a continuing resolution, if a new continuing resolution or appropriations law is not passed. In a shutdown furlough, an affected agency would have to shut down any activities funded by annual appropriations that are not excepted by law. Typically, an agency will have very little to no lead time to plan and implement a shutdown furlough.”
And RIFs;
https://www.opm.gov/policy-data-oversight/workforce-restructuring/reductions-in-force/#url=Summary
“When an agency must abolish positions, the RIF regulations determine whether an employee keeps his or her present position, or whether the employee has a right to a different position. The regulatory requirements governing reduction in force are contained in Title 5, Code of Federal Regulations, Part 351. Federal agencies must follow the procedures contained in the Code of Federal Regulations when conducting a RIF. The law provides that OPM’s RIF regulations must give effect to four factors in releasing employees:”
tenure of employment (e.g., type of appointment);
veterans’ preference;
length of service; and
performance ratings.
“An agency is required to use the RIF procedures when an employee is faced with separation or downgrading for a reason such as reorganization, lack of work, shortage of funds, insufficient personnel ceiling, or the exercise of certain reemployment or restoration rights. A furlough of more than 30 calendar days, or of more than 22 discontinuous work days, is also a RIF action. (A furlough of 30 or fewer calendar days, or of 22 or fewer discontinuous work days, is an adverse action.)”
This summary will cover each factor in more detail.
The Agency's Right to Make RIF Decisions”
“Each agency has the right to decide what positions are abolished, whether a RIF is necessary, and when the RIF will take place. Once the agency makes these decisions, the retention regulations then determine which employee is actually reached for a RIF action.
Actions Covered by the RIF Regulations”
“An agency must use the RIF regulations before separating or demoting an employee because of an organizational reason such as reorganization, including lack of work, shortage of funds, insufficient personnel ceiling, or the exercise of certain reemployment or restoration rights. In fact, virtually all RIF actions are the result of a reorganization (e.g., the agency reorganizes as the result of a shortage of funds, lack of work, restructuring, etc.).”
“A furlough of more than 30 calendar days, or of more than 22 discontinuous workdays, is also a RIF action. (A furlough of 30 or fewer calendar days, or of 22 or fewer discontinuous workdays, is an adverse action.)”
“An agency may not use the RIF regulations to separate or demote an employee for a personal reason, such as problems with the employee's performance or conduct.”
“The Agency's Right to Reassign Employees”
“The abolishment of a position does not always require the use of RIF procedures. The agency has the right to avoid a RIF action by simply reassigning an employee to a vacant position at the same grade or pay without regard to the employee's rights under the RIF regulations. The vacant position may be in the same or in a different classification series, line of work, and/or geographic location. The “Summary of Reassignment Under the Regulations” includes additional information on reassignment.
Defining the Competitive Area”
“When preparing for a RIF, the agency defines the “Competitive Area” that establishes the geographical and organizational limits for RIF competition.”
RIF Notices
“An agency must give an employee at least 60 days specific written notice before the employee is released from the competitive level by a RIF action.”
“If faced with an unforeseeable situation (e.g., a natural disaster), the agency may, with OPM approval, give the employee a specific RIF notice of less than 60 days, but at least 30 days, before the effective date of the RIF.”
*****My take on this is that a Reduction in Workforce would not be a straightforward process like Reagan and the Air traffic Controllers where they were just laid off if they did not come back to work. There would be plenty of work for courts and lawyers. There may also be a distinction between administration and shutdown furloughs which may affect if a Reduction in Workforce can be implemented. *****
*****My take on this is that a Reduction in Workforce would not be a straightforward process like Reagan and the Air traffic Controllers where they were just laid off if they did not come back to work. There would be plenty of work for courts and lawyers. There may also be a distinction between administration and shutdown furloughs which may affect if a Reduction in Workforce can be implemented. *****
************************************************************************************
Good Information, which I’ll have to tackle some AM when brain is not fried.
It is good to know that they already have a process set up for reduction in force.
Don’t forget that POTUS has already submitted a vast reorganization and combining of government based on studies and recommendations in 2017. Mulvaney worked on that.
I expect a regular RIFF at some point in time, and IIRC, there was already a hiring freeze, so I expect that at least some has already been accomplished through attrition, just like any other business entity would do.
The skulduggery opportunities are endless!
I think the shutdown is allowing Trumps team to conduct the reorganization mentioned here:
“virtually all RIF actions are the result of a reorganization”
without consultation or interference from the folks that would otherwise being conducting the same. Said reorganization PLUS the 30 days will then allow the notices to go out.
Most likely the plans were under development for some time and implementation was just held off until the ones running interference were removed by the shutdown.
I would say it’s bye, bye to SES.
“My take on this is that a Reduction in Workforce would not be a straightforward process “
I just had a sudden flash yesterday that if there were to be a Great Trump RIF, it would be just his style to provide concierges to help the (deserving) departing workers find new employment.
In other words, if he cuts the government he’s already created conditions where people should have no trouble finding private sector jobs.