THE FOREIGN SERVICE JOURNAL | APRIL-MAY 2025 73 AFSA NEWS In Case You Missed It Update on AFSA’s Lawsuit. AFSA remains engaged in legal action to challenge USAID’s decisions regarding administrative leave and expedited recall of employees and their families. A recent court ruling denied AFSA’s request for a preliminary injunction, allowing the government to proceed with its plans. However, the court left open the possibility of further legal action should directed departures result in imminent harm. AFSA and its co-plaintiffs, AFGE and Oxfam, are evaluating next steps and exploring additional legal avenues to protect members affected by these policies. Class Action MSPB Appeal. AFSA has organized a legal coalition to represent USAID Foreign Service employees who received RIF notices in a class action appeal before the Merit Systems Protection Board (MSPB). Representation will be provided at no cost to class members. AFSA is committing up to $100,000 from its Legal Defense Fund to support the case. AFSA is aware other firms may be forming similar appeals and is working to coordinate efforts. You will have the option to opt out if you choose to pursue individual legal action or join a different class. If you submit retirement or resignation paperwork before receiving a RIF notice, your separation may be considered voluntary and not challengeable before the MSPB. Please wait for a RIF notice before taking action. RIF Exemption for DS Agents. AFSA has advocated for a reduction in force (RIF) exemption for Diplomatic Security agents, pointing to their role in law enforcement and immigration enforcement. The association has formally presented its position to senior State Department leadership and will continue to push for this exemption in future policy discussions. DETO Exemption for Return-to-Office Mandates. The State Department has clarified that all Domestic Employee Teleworking Overseas (DETO) arrangements will be exempt from recent returnto-office mandates. Employees under existing DETO agreements may continue teleworking, and new DETO requests will now be processed. Updated Benefits Information for Retirement and Separation. AFSA has revised its retirement benefits guidance, particularly in regard to postponed annuities. Employees eligible for an immediate annuity at the minimum retirement age (plus 10 years) now have the option to delay their annuity to mitigate penalties, preserving their federal health and life insurance benefits. Members are encouraged to review these updates and attend Foreign Service Institute retirement seminars for in-depth planning resources. Legal Defense Fund and Membership Growth. AFSA extends its gratitude to members for their generous contributions to the Legal Defense Fund. These donations support AFSA’s legal efforts to uphold Foreign Service protections. The association has experienced a surge in membership, with more than 1,000 new members joining in the past month. We welcome additional donations at afsa.org/donate. Guidance on “5 Bullets” Mandate. A new “5 Bullets” mandate may be issued to the federal workforce soon, though each agency will determine how employees should respond. Unless an agency has explicitly exempted employees from responding to this directive, members should follow their agency’s instructions. Updates on USAID RIFs and Grievance Options. AFSA has received reports that additional RIF notifications may be sent out soon. Employees receiving such notices are advised to download them to a secure device and verify the accuracy of the information. While signing the form only acknowledges receipt, any errors should be reported to USAID’s Human Capital and Talent Management office. Given the limited jurisdiction of the Foreign Service Grievance Board in RIF cases, the best recourse for most affected employees appears to be an appeal to the Merit Systems Protection Board (MSPB). Appeals must be filed within 30 days after separation from service. AFSA is also consulting with legal experts about a potential class action MSPB appeal for USAID employees. Those who have previously submitted information for a possible cohort grievance may have that information used for an MSPB appeal, pending further guidance from AFSA. Advocacy for VERA and Congressional Outreach. AFSA continues to advocate for congressional authorization of a Voluntary Early Retirement Authority (VERA) for the Foreign Service. The AFSA Governing Board has unanimously endorsed this effort, recognizing it as a critical option for members facing separation due to RIFs. AFSA is engaging with lawmakers and has created a VERA advocacy template available at https://afsa.org/2025resource-hub. For more information, please see the following AFSA resources: • afsa.org/press • afsa.org/reductions-in-force • afsa.org/virtual-go-bag n AFSA has been issuing frequent updates and guidance for its members. Below are excerpts from recent AFSA communications through March 21. Please visit the AFSA Resource Hub for the most recent information: https://afsa.org/2025-resource-hub.
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