Guidance from OPM on carrying out recently finalized changes to RIF procedures includes an explanation of one of the less publicized aspects of those rules, under which employees who otherwise would be laid off can remain employed.

The traditional “bump and retreat” rights allowed employees on the losing end of the RIF ranking process—which have a greater emphasis on performance ratings under the new rules—to displace others under certain circumstances. “Bumping” meant displacing an employee in the same competitive area in a lower tenure group, or in a lower subgroup within the released employee’s own tenure group at the same grade, while “retreating” meant displacing an employee in the same competitive area with less service within the released employee’s own tenure group and subgroup.

In both cases, the position had to be at the same grade, or within three grades or grade intervals, of the employee’s present position.

The rules replace them with an “assignment rights” standard under which an employee facing separation “may be assigned to a qualifying position held by an employee with lower retention standing in the same tenure group,” says an attachment to a memo to agencies on carrying out the rules

Under assignment rights, the position must be in the same competitive area, have the same type of work schedule, be held by an employee with lower retention standing in the same tenure group, require no reduction or the least possible reduction in representative rate, and be a position for which the released employee is qualified, according to the guidance.

The alternative position must be no more than three grades, grade intervals, or equivalent below the released position, except that the limit is five for veterans’ preference eligible employes with a compensable service-connected disability of 30 percent or more.

In determining whether the employee is qualified, “Generally, the agency must use an assessment based on job analysis that permits the employee to demonstrate job-related skills, abilities, knowledge, and competencies . . . methods may include structured interviews, work samples or exercises, structured resume reviews, and other relevant job-related assessments. The assessment may not consist solely of, or principally rely on, an automated self-assessment,” it says.

Other policies include that:

• “The agency must complete the qualification determination before it concludes that no qualifying assignment exists, before issuing a RIF notice, and before it effects the RIF action.”
• “The agency should establish a reasonable, consistently applied response or testing period that accounts for the assessment method, notice schedule, accessibility, and the need for reasonable accommodation.”
• “A new assessment is not required when, during the 5 years ending on the notice date, the employee occupied the same position or a same-grade or pay-level position with substantially the same duties, series, qualifications requirements, and conditions of employment and received a Level 3 or higher rating for that work.”

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