OPM Issues Proposed Rule on Rehiring Former Feds

The Office of Personnel Management (OPM) has issued a proposed rule to allow agencies to rehire former federal employees without competition to positions at any grade level for which the individual is qualified. The prosed rule aims to provide agencies with greater flexibility to recruit former employees who have developed their skillsets outside of government back to federal service.

The proposed rule explains that, currently, agencies are able to reinstate an individual without competition only to a position at or lower than the grade level the individual previously occupied. Reinstatement to a higher graded position or to a position with greater promotional potential requires competition.

“Oftentimes, when an individual leaves Federal service, he or she acquires skills and/or experience that may qualify the individual for a position at a higher grade level than the one the individual held prior to leaving government,” the proposed rule explains. “The proposed rules allow an agency to reinstate a former career or career-conditional employee without competition, and regardless of the promotion potential, to a position at a grade level higher than that previously held by that individual to provide greater flexibility to agencies when they need to reinstate a former Federal employee.”

OPM suggests this change will benefit both the agency and the employee.

“The proposed rules seeks to encourage individuals who have gained additional skills and experiences to reenter the Federal workforce at grade levels equal to the grade levels they actually qualify for, not for grade levels they previously qualified for. Any restriction on the promotion potential of the position may be a disincentive to attracting needed talent with the desired skills and/or experience,” the proposed rule notes.

In order to qualify for reinstatement without competition, employees must meet two criteria:

1.     Been voluntarily separated from his or her most recent career or career-conditional appointment for at least 1 year, and

2.     Received a rating of record for his or her most recent career or career-conditional position of at least Fully Successful (or equivalent).

OPM explains that employees must wait one year to be eligible for a higher graded position to match OPM's government-wide qualification standards which require that employees have one year of specialized experience before being promoted to the next highest grade level. OPM explained that this would preserve a “measure of fairness with respect to current employees.”

Individuals may comment on the proposed rule until February 24, 2020 by clicking here.