
As the federal fiscal year draws to a close, thousands of federal employees face an unsettling possibility if a continuing resolution is not passed: not just another shutdown and temporary furlough, but permanent layoffs through Reduction in Force (RIF) notices.
This week, the Office of Management and Budget (OMB) instructed federal agencies to consider issuing RIF notices to employees (if certain conditions are met) rather than the usual temporary Furlough notices issued during shutdowns.
This is a big shift. But it does not mean layoffs are guaranteed. If they occur, federal employees are protected by a robust set of legal rights.
There’s still a process before a RIF can be properly issued, complete with notice rights, retention rights, appeal rights and such other rights that the OMB does not purport to usurp.
That said, we understand that the anxiety of this uncertain moment is real. Here are some tips to best prepare for the unknown, come the end of the federal fiscal year:
- Download Your eOPF, ASAP
o Your electronic Official Personnel Folder may become inaccessible during a shutdown. Download it now to preserve your employment records.
- Download Your last 3 Performance Appraisals, ASAP
o Include mid-year reviews and commentary. These documents may affect retention rights in a RIF. Also save records of other awards, commendations, and other notable performance records.
- Save Key Communications
o Save emails, memos, or notices from HR or supervisors about your employment status or shutdown protocols.
- Ask Questions
o Supervisors, HR, and union reps are navigating this too. Don’t hesitate to ask questions.
If you receive a RIF notice or suspect you were subject to procedural violations, don’t hesitate to
reach out to us for our advice. We are here to help.
Shutdowns may be political. Your livelihood is personal. Let us help you safeguard it.
-Adrienne Langmo, Partner




