This bill grants enhanced due process protections and potential reinstatement rights to certain federal employees removed during their probationary period following a promotion.
Johnny Olszewski
Representative
MD-2
This bill provides enhanced employment protections and reinstatement options for certain Federal career employees who were serving under a probationary period following a promotion. It grants these employees standard due process rights against unfair removal while on probation. Furthermore, it allows employees removed between January 20, 2025, and the date of enactment to elect reinstatement to their former or an equivalent position with back pay. These protections generally exclude those promoted into or removed from political positions.
Federal Employees Promoted to Career Roles Get New Due Process Shield, Including Retroactive Reinstatement
This legislation is a clear win for federal employees who just got promoted. It immediately extends standard due process protections to career employees serving in their initial probationary or trial period after a promotion into the competitive service, the excepted service, or the Senior Executive Service (SES).
Essentially, if you’ve been in the government for a while and just landed a big internal promotion, you no longer have to worry that a supervisor can fire you on a whim during your probation period. You now get the same formal due process rights (under Chapter 75 of title 5, U.S. Code) as long-term employees before you can be removed. This is a huge shift in job security for those navigating that vulnerable post-promotion phase. For those working at the Department of Veterans Affairs (VA), the bill specifies that their due process rights will follow the existing rules under section 714 of title 38, U.S. Code, which tailors protections for VA staff.
The Retroactive Safety Net
One of the most impactful parts of this bill is the retroactive fix it offers. If you were a federal employee who was promoted into a career role and then removed during your probationary period between January 20, 2025, and the date this law is enacted, the bill gives you a chance to get your job back. You can elect to be reinstated to the same or an equivalent position, and you will receive back pay (calculated under section 5596 of title 5, U.S. Code) for the time you were out of work. This is a significant remedy for anyone who may have been unfairly terminated in the period leading up to this bill becoming law, providing financial relief and employment stability.
Who This Doesn't Cover
It’s crucial to note who is left out. These enhanced protections and the reinstatement option do not apply to anyone promoted into a "political position." This includes high-level roles like those listed in sections 5312 through 5316 of title 5, or positions designated as noncareer appointees or Schedule C confidential/policy-determining roles. If your promotion landed you in one of these political roles, you don't gain the new due process shield, and you can’t seek retroactive reinstatement under this bill. For the vast majority of career civil servants, however, this legislation provides a much-needed layer of protection when they are most exposed during a career transition.