PolicyBrief
H.R. 687
119th CongressJan 23rd 2025
MERIT Act of 2025
IN COMMITTEE

The MERIT Act of 2025 reforms federal personnel rules by streamlining disciplinary and performance-based removal processes, extending probationary periods, and increasing accountability for senior executives and supervisors.

Barry Loudermilk
R

Barry Loudermilk

Representative

GA-11

LEGISLATION

MERIT Act of 2025 Accelerates Federal Firings: Two-Year Probation and 15-Day Discipline Timelines Set to Begin in 2026.

The MERIT Act of 2025 fundamentally rewrites the rulebook for the federal workforce, shifting the balance of power toward agency heads and away from long-standing employee protections. Starting one year after it becomes law, the bill eliminates the requirement for Performance Improvement Plans (PIPs)—the traditional 'last chance' for struggling workers—and slashes the time for disciplinary decisions to just 15 business days. This isn't just a minor tweak; it's a fast-track system designed to make the federal government function more like a private-sector 'at-will' employer, significantly reducing the bureaucratic hurdles required to fire or demote civil servants.

The Two-Year Test Drive

For anyone looking to start a career in public service, the 'probationary' period is about to get a lot longer. Under Section 11, the standard one-year trial period for competitive service jobs is doubled to two years. If your role requires specific training or licensing—like a safety inspector or a specialized technician—the clock doesn't even start until you finish that training. During these two years, you have almost no protection against being let go. Imagine a software developer for the VA who is 18 months into the job; under current rules, they’d have full appeal rights, but under this bill, they could still be dismissed with minimal process, effectively extending the 'new guy' vulnerability for twice as long.

Disciplinary Speed-Dating

When it comes to misconduct or poor performance, the bill hits the gas. Sections 3 and 6 mandate that once an agency proposes an action like a suspension or removal, the entire process—including the employee’s response and the final decision—must be wrapped up in 15 business days. Employees get only 7 business days to scramble for evidence or affidavits to defend their livelihoods. For a supervisor accused of a mistake, this 'rocket docket' leaves very little room for a nuanced defense. Furthermore, Section 4 bars employees from using union grievance procedures to fight removals or layoffs, forcing everyone into the backlogged Merit Systems Protection Board (MSPB) if they want to appeal.

High Stakes for High Ranks

Senior executives and supervisors are in the direct line of fire. Section 5 allows the government to not just remove a Senior Executive Service (SES) member from their leadership role, but to kick them out of the civil service entirely. It also ends the practice of 'pay retention,' where a demoted executive could keep their higher salary. If an agency head finds 'serious misconduct'—a term left somewhat open to interpretation in Section 9—they can force an employee to pay back their performance bonuses from that year. It’s a 'clawback' provision that treats government bonuses more like Wall Street incentives, tied strictly to ongoing good behavior.

Pensions and Pink Slips

The bill also reaches into the future, targeting retirement security. Section 8 introduces a provision where a felony conviction related to official duties can lead to a permanent reduction in a federal annuity. While there is a 'spouse exception' if a partner cooperates with investigators, the primary worker loses credit for their years of service during the period of misconduct. Finally, Section 12 makes it clear that these new rules are the ultimate authority: they supersede any existing union contracts or collective bargaining agreements. For the millions of people working in federal agencies, the MERIT Act means the era of 'permanent' government job security is effectively over.