Labor & Employment Law Daily Wrap Up, AGENCY NEWS—OPM issues guidance on RIFs reversed by Continuing Appropriations Act, (Nov 14, 2025)
Organizations Mentioned:Office of Personnel Management
By Brandi O. Brown, J.D.
Meanwhile, Homeland Security Secretary Kristy Noem announced $10K bonuses for TSA officers “who went above and beyond” during the shutdown.
Yesterday, the U.S. Office of Personnel Management issued a memo regarding reductions in force that are or were affected by the Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act of 2026, which was enacted November 12, 2025.
That Act, the memo explains, included a provision limiting the use of reductions in force through the period of the short-term continuing resolution (January 30, 2026) and a provision providing that no Federal funds may be used to initiate, provide notice of, carry out, or otherwise implement a reduction in force to reduce the number of Federal employees during that period.
Moreover, it requires agencies to rescind certain RIF notices and declares that certain RIF actions taken between October 1, 2025, and November 12, 2025, have no force or effect. Employees who received RIF notices during that period must have the notice rescinded.
Exceptions. According to the memo, there are exceptions, including but not limited to: voluntary separations or retirements; actions required by a court order; and actions necessary during a lapse in appropriations to implement or maintain an orderly shutdown. Non-RIF adverse actions based on performance or conduct (5 U.S.C. chapters 43 and 75) and probationary or trial period terminations under Civil Service Rule 11 also may proceed. Natural expiration of time-limited appointments at their established not-to-exceed (NTE) date may also proceed.
Action items. The memo provides a list of to-do items for agencies. Among other things, they must:
Immediately cease issuing RIF notices pursuant to 5 CFR parts 351 and 359 until January 31, 2026.
Review and rescind all RIF notices issued between October 1, 2025, and November 12, 2025, and restore each employee affected by those notices to their September 30, 2025, employment status.
Within five calendar days of enactment, notify all affected employees of the withdrawal of the RIF notice and the employee’s reinstatement, including the reinstatement date for any employee who was separated via a RIF. Those notices must include information on the amount of retroactive pay the employee will receive.
Within five calendar days of enactment, notify the Chairs and Ranking Members of the House and Senate Appropriations Committees of the withdrawal of RIF notices issued between October 1, 2025, and November 12, 2025, and the reinstatement of any affected employees who had been separated via RIF.
November 19 deadline. Finally, the memo instructs that agencies should confirm to OPM that they have issued a notice to rescind any RIFs that were noticed between October 1, 2025, and November 12, 2025, no later than November 19, 2025.
Bonuses for TSA officers. Meanwhile, yesterday the Homeland Security Secretary Kristi Noem announced that Transportation Security Agency (TSA) officers “who went above and beyond” during the shutdown are going to receive $10,000 bonuses. The Department of Homeland Security (DHS) is paying for these bonuses using carryover funds from Fiscal Year 2025.
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