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In light of significant layoffs, dismissals, and postponed resignations affecting the federal workforce, some members of the House are advocating for new legislation aimed at protecting federal employees.
The proposed legislation, known as the Protect Promoted Workers Act, was introduced by Rep. Johnny Olszewski, a Democrat from Maryland, on April 10. This bill, designated as H.R. 2880, seeks to enhance safeguards for federal workers who find themselves in probationary status following promotions to competitive service, excepted service, or Senior Executive Service roles.
Olszewski highlighted the personal motivation behind the bill, noting it was inspired by the experience of a constituent—an employee within the Interior Department who was terminated shortly after being promoted. Due to their probationary status, this individual was stripped of typical civil service protections.
“It is unjust that workers who excel at their jobs are losing their positions with no notice, severance, or healthcare benefits,” Olszewski remarked. “This treatment is unfair to both the employees and the constituents who depend on their essential services.”
The proposed legislation aims to extend protections under Subchapter II and Subchapter V of Chapter 75 in U.S. Title 5. It would ensure that recently promoted employees in competitive service, excepted service, or Senior Executive Service receive due process rights regarding suspensions longer than 14 days, demotions, pay reductions, or furloughs lasting 30 days or fewer, all of which would require justified actions.
For Senior Executive Service members, the bill would establish additional safeguards, mandating at least 30 days’ written notice prior to any agency job action, barring circumstances indicating criminal behavior. Furthermore, affected employees would be granted a minimum of seven days to respond both orally and in writing, with the right to present affidavits and documentary evidence, as well as access to legal representation, and a written explanation from the agency regarding the action taken.
Additionally, the legislation would provide SES employees the right to request a hearing and appeal decisions to the Merit Systems Protection Board, along with other rights relating to evidence and representation.
The American Federation of Government Employees has expressed support for the bill, which is currently under review by the House Committee on Oversight and Government Reform and the Committee on Veterans’ Affairs.
Changes to Pay Provisions for Federal Employees
An April 10 memorandum from the Office of Personnel Management has authorized agency leaders to bypass specific pay caps for a subset of federal civilian workers until the end of 2025.
This memorandum details the implementation of various provisions from the fiscal year 2025 National Defense Authorization Act. Notably, it includes the extension of section 1101 from the fiscal 2009 NDAA, which permits pay waivers to potentially reach amounts equivalent to the vice president’s salary in 2025—$289,400. Additionally, any earnings beyond basic pay during the waiver period will not be factored in when assessing overall pay limits as stipulated by law.
The pay waiver is applicable for federal employees stationed overseas in areas under U.S. Central Command or Africa Command, operating in support of military missions or responding to national emergencies as declared by the president.
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