AFSA NEWS 72 APRIL-MAY 2025 | THE FOREIGN SERVICE JOURNAL AFSA Update on Reductions in Force On Feb. 11, President Donald Trump signed an executive order directing federal agency heads to prepare for reductions in force (RIFs). AFSA is urging the foreign affairs agencies to consult with us before making any decisions and to strictly follow the reduction-in-force regulations. Agencies have the right to conduct RIFs as long as they comply with legal requirements. That said, AFSA will work to ensure the administration adheres to the relevant foreign affairs agency guidelines. If we find evidence of noncompliance, we will take appropriate legal action to advocate for our members’ interests. Where can I find my agency’s RIF regulations? Section 611 of the Foreign Service Act allows for RIFs. This section also requires the creation of rules for letting go of career and career candidate members under Chapter 3 of the Act. The regulations note that the retention hierarchy in the event of a RIF should be based on the following: 1. Organizational changes 2. Documented employee knowledge, skills, or competencies 3. Tenure of employment 4. Documented employee performance 5. Military preference The State Department, USAID, and the Foreign Agricultural Service (FAS) each have established rules for reducing their Foreign Service workforce based on the above-mentioned criteria. However, the Foreign Commercial Service (FCS) does not have regulations regarding the RIF process. As such, we advise FCS employees to review the Foreign Affairs Manual (FAM) as several sections apply to Foreign Service employees across all the foreign affairs agencies. For more specifics, please refer to your agency regulations: • State: 3 FAM 2580 • USAID: ADS 454 • FAS: Article 20 of the FAS-AFSA Collective Bargaining Agreement What about untenured members of the Foreign Service? If you are an untenured employee, your status affects how you are grouped for a RIF. For untenured employees, your status on the retention register will be determined largely by the application of veteran’s preference and your service computation date. Can I file a grievance if I’m RIF’ed? An employee impacted by a RIF has limited grievance and appeal rights. That said, RIF’ed employees have the right to file a Chapter 11 grievance with their agency office responsible for grievances with the option to appeal adverse rulings to the Foreign Service Grievance Board (FSGB). Employees may appeal to the FSGB or appeal to the Merit Systems Protections Board (MSPB) under procedures prescribed by the MSPB, but not both. AFSA has examined the various avenues for challenging the RIF notices. Due to the Foreign Service Grievance Board’s limited jurisdiction in RIF cases, the most viable option appears to be an appeal to the Merit Systems Protection Board (MSPB). MSPB appeals cannot be filed until after the effective date of your separation (i.e., the date you are no longer an employee) and must be filed no later than 30 days after the effective date of separation. A grievance will not delay the separation and is limited only to cases of reprisal, interference in the conduct of the member’s official duties, or similarly inappropriate use of RIF authority. It must be filed before the effective date of separation. No other grievances relating to the member’s separation or proposed separation due to the RIF may be filed. Retirement benefits in the event of a RIF. Please review our detailed PowerPoint—“Benefits at Retirement, Resignation, and Involuntary Separation”—for answers to frequently asked retirement questions. All our retirement guidance and resources can be found at https://afsa.org/retirementresources. For the full text of our original message on RIFs, members can visit our website at https://bit.ly/4bQouVX. n The following is a summary of a recent RIF explainer compiled by AFSA’s Office of General Counsel. To read the complete story, go to https://bit.ly/4bQouVX.
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