Agencies could soon base layoff decisions on employee performance rather than tenure in a shift proposed by the Trump administration. If approved, new rules from the Office of Personnel Management (OPM) would change how agencies prioritize retaining or removing employees during a reduction in force (RIF).
Currently, federal law emphasizes tenure when deciding layoffs. The proposed changes would focus first on performance, aiming to keep top performers regardless of how long they’ve been with the agency. OPM argues that this shift could better align retained employees with agency goals.
In their proposal, OPM stated, “By elevating performance in the order of retention, the employees who are best contributing to the mission will be more likely to be retained during restructuring.” This new method would also include tie-breakers like tenure for employees with similar performance scores.
The proposal echoes earlier attempts during Trump’s presidency in 2020, which were never finalized. The Biden administration had previously withdrawn these reforms, but now they return with a focus on changing federal hiring practices significantly. In recent developments, OPM also suggested limiting employee appeals in RIF scenarios, raising concerns about job security.
Critics, like Everett Kelley from the American Federation of Government Employees, warn that these changes could lead to politically motivated layoffs disguised as performance evaluations. Kelley emphasized that this system might favor management preferences over genuine merit, potentially harming employees.
Many layoffs have already happened under the Trump administration, with around 350,000 federal separations since he took office, mainly through retirements and voluntary programs. However, some agencies have still pursued mass layoffs.
OPM describes the current RIF process as tedious and error-prone. They claim that establishing performance as the primary criterion will make the process more efficient. However, Kelley and other critics argue that this approach threatens the impartial nature of civil service.
As public discussions about these proposed regulations unfold, organizations like AFGE plan to voice their concerns and pursue all legal avenues to challenge any unfavorable changes.
For further insights into federal workforce management, you can refer to studies by the Government Accountability Office GAO and other reputable sources.
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