Separately, AFSA supports a RIF exemption for diplomatic security agents due to their law and immigration enforcement functions, two exemptions specifically noted in the President’s February 11, 2025, Executive Order titled “Implementing the President’s ‘Department of Government Efficiency’ Workforce Optimization Initiative.” We have shared our position and legal underpinnings with the Department of State senior leadership. We will continue to push for this exemption and update our members with developments on the matter.

If you are an untenured employee, your status on the retention register will be determined largely by the application of veteran’s preference and your service computation date.

While we have outlined the key aspects of relevant RIF regulations below, many details remain uncertain. This section will be updated as we receive more clarity.

State: Regulations provide that specific notices will be sent to those selected for separation at least 120 days prior to the effective date of separation and will contain the following information:

• The effective separation date
• The competition group; information on entitlement to an immediate annuity or separation payment
• Information on the right to either file a grievance with the agency office responsible for grievances or appeal to the Foreign Service Grievance Board (FSGB) or to the Merit Systems Protections Board (MSPB)
• The member’s numerical position on the retention register
• The total number of employees separated from the member’s competition group
• Confirmation of eligibility for participation in the job search program, including per diem for members and family for program duration for those assigned outside of Washington

When the RIF is caused by circumstances not reasonably foreseeable, the Director General of the Foreign Service may authorize a notification period of less than 120 days. The shortened notice period must provide for at least 30 full days before the effective date of release and the notice period begins the day after the employee receives the notice.

USAID: Regulations provide for a 60-day specific notice to impacted employees in Washington and 90 days for those serving overseas. In the event the Agency runs out of funds, those employees identified for separation may be placed on furlough during the RIF notice period. Pursuant to the Government Employee Fair Treatment Act of 2019, they should receive backpay for the period of time they were furloughed up to the effective date of their separation. If this does not happen, AFSA will file a cohort grievance to obtain backpay. This type of grievance can be filed after employees are separated.

FAS: Regulations provide for 60-day notice before the effective RIF date. These regulations also note that FAS will make every reasonable attempt to rehire those separated under a RIF and that FS employees separated under a RIF will be hired into the Foreign Service before any employees are converted through the lateral entry process. Notice of re-employment rights, if applicable, will be provided to affected employees.

AFSA has examined the various avenues for challenging the RIF notices, which include filing an individual or cohort grievance with appeal rights to the Foreign Service Grievance Board (FSGB) or filing an appeal with the Merit Systems Protection Board (MSPB).

Due to the FSGB's limited jurisdiction in RIF cases, the most viable option appears to be an appeal to the MSPB whose jurisdiction in a RIF is much broader.

Be aware that if you choose to file a grievance, you will likely be precluded from later appealing the RIF to the MSPB. As such, do not rush to file a grievance before understanding all your options. A grievance over separation by RIF does not have to be filed immediately. It must simply be filed before the separation date listed on the RIF Notice. An appeal to the MSPB can only be filed after your separation date and must be filed within 30 days of your separation date.

AFSA strongly suggests you take some time to consider your options before filing anything. We also advise you to consult with AFSA’s Office of General Counsel or a private attorney to review your options. Again, our referral list for private attorneys can be found here.

If you have already filed a grievance, please contact AFSA at ogc@afsa.org to discuss your options.

MSPB Appeal

AFSA is working on the possibility of a class action MSPB appeal for USAID employees. For those who already provided information to AFSA for a possible cohort grievance, with your permission, this information could be used in an MSPB appeal. Individuals do have the option of filing individual appeals with the MSPB and not joining a MSPB class action case. Such appeals must be filed no later than 30 days after the effective date of your separation.

If you are 40 or older and believe that your agency discriminated against you based on your age or another protected category, you can include an Equal Employment Opportunity component in your legal action (i.e., grievance or MSPB appeal). Please be advised, however, that discrimination is difficult to establish.

Individual Grievance with Appeal Rights to the FSGB

While it is AFSA’s position that an appeal to the MSPB is the most viable option in fighting a RIF, employees may file a grievance with appeal rights to the FSGB. Our RIF grievance templates and agency-specific RIF regulations can be found here. You must file the grievance before the effective date of the RIF.

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 Foreign Service Pension System retirement plan 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.

Employees who are RIF’d have the ability to pay out-of-pocket for COBRA health insurance coverage for a limited period of time but will not retain Federal Employees Health Benefits coverage beyond this period.

This PowerPoint summarizes benefits at retirement, resignation, and separation.

Keep in mind that AFSA’s online guidance is not meant to be a substitute for the multi-hour presentation by the Department of State’s subject-matter experts at the Foreign Service Institute (FSI)'s retirement planning seminars. Employees who can attend those seminars are urged to do so. Both virtual and in-person sessions are scheduled in the coming months. For those details, click here.

For those looking for retirement resources, AFSA has a wealth of retirement planning information on our website, which includes videos of presentations by some of the same subject-matter experts who present at FSI as well as a video of the December 2024 AFSA webinar "Retirement Planning for Employees at or near Retirement Eligibility."

Q: I understand we should file the grievance today. Should we send that from our personal or USAID emails? Our emails all now have the SBU designation at the bottom.

A: You do not need to file a grievance today nor should you. As noted above, you should carefully consider whether to file a grievance or MSPB appeal. More information will be forthcoming regarding MSPB appeals. There is no requirement to file a grievance or MSPB appeal from a government account, you may submit it through your personal email address.

Q: My RIF documents say, “Appointment Type: Excepted Permanent/SES-Noncareer” and “Schedule F.” Should I contact HCTM to correct this error?

A: No need to contact the agency as this is not an error in your documents. We have clarified with the agency that this is not an error but an artifact of how the RIF documents were put together. These codes are being used by the agency for multiple groups. It means “Excepted-Permanent OR SES-noncareer.” The Foreign Service is “Excepted-Permanent”, so this code is correct. “Schedule F” means “full-time” for the purposes of the RIF document.

Q: Some of us overseas received RIF notices, but it conflicts with the idea that we can ask for a compassionate exception to stay overseas (to have kids finish school, for example). Others are afraid they’ve been confused as a DC employee.

A: We are seeking clarity on this.

Q: Is there a timeline for completing the acknowledgement form they sent with the RIF? Is there any guidance? Signing indicates that the person has received it, not that they agree with it, right?

A: Signing the form is only acknowledging receipt and does not remove your ability to ask questions or file a grievance or MSPB appeal. Failure to sign does not delay implementation.

Q: Who will represent me for an individual grievance?

A: AFSA can review individual grievances and provide guidance but given the volume of requests for assistance that we are expecting, you may wish to consider joining a class action MSPB appeal, which will be led by private counsel.

Q: Can we assume that we will be paid and receive benefits like insurance through April 24?

A: Yes, because you are still considered an employee. If this doesn’t happen, please notify AFSA immediately at ogc@afsa.org.

Q: Since AFSA’s USAID vice president is on administrative leave, who will represent our interests?

A: Our USAID vice president continues to actively represent your interests. While administrative leave does not affect his ability to serve in this role, he is currently managing a high volume of emails. Please know that your messages will reach him, and he will respond as soon as possible. We appreciate your patience.

The AFSA governing board reached a consensus on Feb. 19 to support seeking voluntary early retirement authority (VERA) for the Foreign Service. We believe a time-limited VERA would be an essential option for Foreign Service members at FS-02 and below who, in the event of a RIF, would be a few years, or even a few months, short of qualifying for an immediate annuity. As such, they and their families would lose their federal employee health benefit coverage and would only qualify for a modest deferred annuity much later in life. The specific eligibility details of a Foreign Service VERA would need to be hammered out by the agencies and congressional stakeholders.

Congress must authorize a Foreign Service VERA. AFSA has urged State Department leadership to support such legislation. We have begun meeting with contacts on the Hill to build support. However, whether this provision could be included in an upcoming reconciliation bill, which Congress will craft in the coming weeks, is unclear. Other legislative vehicles may also serve as potential avenues for authorizing a VERA in the future.

In the meantime, the timeline for congressional consideration of VERA legislation remains uncertain.

AFSA is educating Congress on this need and exploring legislative pathways. Many of you have already contacted your representatives, and we appreciate those efforts. To support continued outreach, we’ve created a template, which you can find by clicking here (note that you must download the document to see it).