Employees who are FS-01s and above who are subject to a Reduction in Force (RIF) prior to reaching the age and years of service required for a voluntary retirement, would still receive an immediate annuity for the rest of their lives regardless of their age and years of service. FS-02s and below in the Foreign Service Pension System (FSPS) who are subject to a RIF would receive a severance pay equal to one-twelfth of a year’s salary at his or her current salary rate for each year of service but not exceeding a total of one year’s salary. Resigning prior to meeting the age and service requirements for an immediate annuity ends your entitlement to a monthly pension payment for the rest of your life. An exception is that, if you served at least five years, you could leave your retirement contributions deposited in the Foreign Service pension fund so you can receive a deferred annuity starting between ages 55 and 62 depending on your length of service and year of birth. That monthly payment would be much smaller than if you had served a full career and retired at a higher pay grade. Also, you would not be allowed to restart the FEHB health insurance and FEGLI life insurance that terminates at resignation. 3 FAM 6140 contains detailed guidance.

For as long as you remain in the Foreign Service, even if you are on paid administrative leave, you will continue to receive your full salary and earn retirement credit towards a possible lifetime pension. You may continue to put money into the Thrift Savings Plan (TSP) and benefit from government matching contributions. You also continue to be covered under the Federal Employee Health Benefits (FEHB) health insurance, with the government paying a share of the premiums.

Employees wanting to know more about Foreign Service retirement rules and benefits are encouraged to watch the recording of our December 17 webinar “Late Career Retirement Planning,” posted on AFSA’s Retirement Services page. The accompanying PowerPoint presentation is also posted there.

We have also created two detailed PowerPoints to answer common questions from our members:

• Benefits at Retirement, Resignation, and Involuntary Separation
• Deferred Resignation Program: Specific Considerations

Resignation terminates any Federal Employees Group Life Insurance coverage and, after a transitional period, FEHB health insurance. Any dental or vision coverage ends but existing Federal Long Term Care coverage continues for as long as premiums are paid. Resigning employees are paid a lump sum for unused annual leave, but not for unused sick leave and home leave. If you resign, you can no longer put new money into the TSP, but you keep your TSP account containing what you contributed plus, if you were in the TSP for at least three years, the money your agency contributed.

AFSA is looking into the assertion that federal employees may take outside employment while still on the federal payroll. There are numerous ethics and cooling-off period regulations about such situations that have not been addressed in any detailed manner.

For those considering the proposal, AFSA advises that you read the "Fork in the Road" content carefully before making your decision. The letter acknowledges your agency may choose to eliminate your position, which could result in a reduction in the Foreign Service workforce at your agency and preclude your ability to rescind your resignation decision later. Given the outstanding questions and potential risks associated with the “deferred resignation” program, it is essential to consider both the short-term and long-term impacts on your financial security, retirement benefits, and overall well-being.

Tenured, untenured, and limited non-career employees who are proposed for disciplinary action, to include separation, based on allegations of misconduct, are entitled to a proposal which sets forth the basis for the proposed disciplinary action, and the opportunity to respond in writing and orally. All Foreign Service employees proposed for separation for cause, other than those convicted of a felony, have a statutory right to a hearing before the Foreign Service Grievance Board.

Limited non-career appointees (LNAs) at State and similar categories such as Foreign Service Limited (FSL) staff at USAID may be separated at any time, akin to an “at-will” employment. If separation is based on allegations of misconduct, see above guidance.

Untenured employees can be separated for failure to gain tenure or for unsatisfactory performance.

Tenured members may be separated due to time-in-class and time-in-service limitations or poor performance as determined by a performance standards board.

As discussed above, all members (tenured, untenured, and LNA) can be separated for misconduct or a failure to maintain a security clearance.

Employees who wish to contest their separation through the grievance system must file a grievance before they go off the rolls. “Going off the rolls” means formally ending your employment with the Federal government.

Reductions in Force (RIFs) in the Foreign Service were in the past rare and must follow detailed procedures set forth in the Foreign Affairs Manual (3 FAM 2580), or for USAID, the ADS chapter (ADS 454). RIFs are based on competition groups generally consisting of employees in the same grade and the same cone/specialty/backstop.

Employees who may be impacted by a RIF:

• Agencies determine which categories of employees will be affected by a RIF.
• Employees compete for retention based on ranking factors like promotions, language skills, and veterans’ status.
• Typically, non-career staff such as LNAs and FSLs are separated first, followed by untenured members, and then tenured employees. These employees are generally not eligible for severance payments.
• Employees who are riffed have limited rights to file a grievance with the Foreign Service Grievance Board or an appeal with the Merit Systems Protection Board.
• Employees separated by a RIF prior to reaching the age and years of service required for a voluntary retirement may receive their full retirement or severance pay. FS-1s and above in that situation would receive an immediate annuity for the rest of their life regardless of their age and years of service. FS-2s and below in the FSPS retirement system would receive a severance pay equal one-twelfth of a year’s salary at his or her current salary rate for each year of service, but not exceeding a total of one year’s salary.
• Employees who are riffed have the ability to pay out-of-pocket for COBRA health insurance coverage for a limited period of time but will not retain FEHB coverage beyond this period.

• Employees can file grievances with their agency. Denial of agency-level grievances can be appealed to the Foreign Service Grievance Board.
• In many cases (except separation for cause or RIF), employees may remain in paid status until a final decision on the proposed separation.
• Employees eligible for an immediate annuity (typically age 50 with 20 years of service) cannot be deprived of it, except in cases involving espionage.

Discrimination, including political affiliation bias, is prohibited. Employees can file complaints with the Office of Special Counsel if they believe a PPP has occurred. See Prohibited Personnel Practices Overview for categories of PPP.

Weingarten rights are the rights of members of AFSA bargaining unit to have a union representative present during interviews that could result in disciplinary action against the employee. Discipline could include written reprimands, suspension, or termination. These rights were established by the Supreme Court in the 1975 case National Labor Relations Board v. J. Weingarten, Inc. Please note that employers are not required to inform the employee of these rights. All employees, regardless of their bargaining unit status, have the right to have an attorney or other representative present during any interview that could lead to disciplinary action. For more information on Weingarten rights, please click here.

Over recent years, AFSA has partnered with the Government Accountability Project (GAP) staff to bring information on whistleblower protections to AFSA members. This Foreign Service Journal article and our joint webinar provide information on the legal rights of Foreign Service members who make the decision to bring allegations of waste, fraud, or illegal activity to the fore.

Whistleblowers perform an important service to the federal government and the public when they come forward with what they reasonably believe to be evidence of wrongdoing. Federal law protects employees against reprisal for whistleblowing.

A protected disclosure is information the whistleblower reasonably believes is evidence of:

• a substantial and specific danger to public health or safety;
• a violation of any law, rule, or regulation;
• gross mismanagement; waste of funds; or
• an abuse of authority

Protected disclosures can be made to:

• your supervisor or other management official,
• the Office of Special Counsel (OSC),
• the Office of the Inspector General,
• another employee designated by your agency to receive such disclosures,
• other individuals or organizations (e.g., a congressional committee or the media), provided that the disclosure is not specifically prohibited by law and the information does not have to be kept secret in the interest of national defense or for the conduct of foreign affairs.
• Disclosures involving classified information should be made in accordance with applicable laws.

If you believe you have been retaliated for your protected disclosure, we urge you to file a complaint with the OSC at https://osc.gov/pages/file-complaint.aspx.

For workplace bullying issues, differing expectations, and communication issues, the Office of Ombudsman (S/O) can act as a neutral party to help manage a solution. S/O provides resources for dispute resolution on an informal and voluntary basis. The Office of the Ombudsman maintains strict confidentiality. Note: S/O does not intervene in formal complaints, HR complaints, union and formal grievances, EEO matters, or OIG matters.

If you believe you have been discriminatorily harassed based on conduct that showed hostility towards you based on race, color, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or over), disability, genetic information, participation in the discrimination complaint process, please contact the Office of Civil Rights (S/OCR) at SOCR_Harassment@state.gov. The newly created S/OCR Anti-Harassment Program is also available to employees who have encountered workplace harassment issues. Depending on the circumstances of your case, employees may also have the option to pursue alternative paths such as mediation or filing a grievance.

The 90-day hiring freeze is scheduled to end on April 20. The March 2025 class of incoming Consular Fellows/LNAs has been cancelled.

AFSA has advocated for an indefinite exemption for all DETOs to the return-to-office mandate, using a compelling case for continued DETO assignments as outlined in the 3 FAM 2370. Agencies have been instructed to submit implementation plans, including designations of exemption categories.

We hope to soon have guidance to share on the 2024-2025 EER cycle for State members. We have been responding to inquiries from various employee organizations as well and have urged the issuance of official guidance from the agencies that could inform their employee activities going forward.

AFSA is advocating that any telework and remote work agreement directives consider compassionate circumstances and the legal requirement to provide a reasonable accommodation to individuals with disabilities.

AFSA's position is that untenured Foreign Service employees are not probationary employees. Untenured employees have greater statutory appeal rights under the Foreign Service Act than probationary civil service employees.

No official position from the Department of State yet. AFSA is advocating for continued hiring of EFMs across U.S. overseas missions, as this type of employment provides significant savings for the U.S. government and allows embassies, consulates, and missions to continue operating seamlessly.

Colleagues have recently faced sudden departures from the workplace and/or restrictions on returning to the workplace. Under those circumstances, there is little to no opportunity to download important personal documents.

Ensure your “virtual go bag” is ready for a sudden departure. For a checklist of essential documents and resources, visit “Virtual Go Bag.”

If you are placed Administrative Leave, your agency’s Labor-Management / Employee Relations staff may show up at your desk to escort you out of the building. This will be unsettling but remember to control your behavior in light of any future adverse action.

• Follow instructions.
• Collect your personal items.
• Contact AFSA at member@afsa.org as soon as you are able to do so.

While on Administrative Leave, it is important to remember:

• You will not have access to your .gov email account or your former work site.
• You will continue to be paid and accrue benefits and time in service.
• You should be notified by your agency if your leave status changes (e.g., from investigation leave to notice leave).
• If your agency moves to separate you while you are on administrative leave, you will be notified by your agency.
• IMPORTANT: to preserve your ability to grieve and/or appeal the separation, you must file a grievance before you are removed from the Foreign Service rolls – this can take place as soon as 11:59 pm of the effective date of your separation. Grievances can be filed from a personal email address if you do not have access to your .gov email at the time of your separation.
• Review the following FAM and FAH regulations on administrative leave
  • 3 FAM 3460 – Other Paid Leave
  • 3 FAM 3464.1-2 – Conduct-Related Excused Absence
  • 3 FAH-1 H-3417.2 – Granting Authorities
  • 3 FAH-1 H-3461.2-2 – Granting Authority for Conduct-Related Administrative Leave (State & USAID only)
  • 3 FAH-1 H-3461.6-2 – Conduct-Related Administrative Leave – More than 16 Hours (State only)
  • 3 FAH-1 H-3461.6-3 – Employee Notification of Conduct-Related Administrative Leave (State only)

AFSA is looking into the assertion that federal employees may take outside employment while still on the federal payroll. There are numerous ethics and cooling-off period regulations about such situations that have not been addressed in any detailed manner.

Employees who wish to contest their separation through the grievance system must file a grievance before they go off the rolls. AFSA strongly recommends you consult AFSA’s general grievance guidance on the AFSA OGC webpage before filing. The grievance template is also on that page.

AFSA developed a one-stop resource featuring everything you need to plan ahead. Our Retirement Resources page includes pre-retirement checklists, articles, videos, and links covering retirement benefits and career options after the Foreign Service.

We have also created a detailed PowerPoint—"Benefits at Retirement, Resignation, and Involuntary Separation"—to answer common questions from our members.

If you do not know your members of Congress, you can locate them here. Please note that federal employees must comply with the Anti-Lobbying Act when communicating with Congress. Please see a summary of AFSA’s guidance below and a longer version on our website here.

The Anti-Lobbying Act (18 U.S.C. 1913) prohibits unauthorized government employees from using appropriated funds to influence Congress on legislation.

• Employees have the constitutional right (5 U.S.C. Section 7211) to petition Congress in a personal capacity but must clarify that their views are personal and do not represent their agency.
• Personal communications must not occur during duty hours and employees must not use any government resources.
• Employees also cannot assist or encourage the public to lobby Congress on behalf of the government.
• Employees should not suggest others contact Congress about legislation in an official capacity.

AFSA strongly advises members to obtain professional liability insurance (PLI). More information about PLI can be found here. To access a list of providers, please click here.

Our general advice is to be prudent about what you post. Please review our guidance on the usage of social media for federal employees.

To request assistance from AFSA, we recommend members use their personal email accounts to email member@afsa.org. It is AFSA’s policy to protect its members’ privacy and confidentiality to the greatest degree possible. As such, only AFSA staff whose official duties require them to review requests for assistance shall have access to these queries and requests.

AFSA communications will be sent to the primary email on your AFSA account. Please ensure you have updated the primary email on your account by visiting your My Account page and selecting contact info. If you have more than one email address on your account, your primary email will be indicated by a flag icon. If you need assistance or are not receiving AFSA email, please let us know by emailing member@afsa.org.