OPM Issues Regulation to Ensure Full Pay for Temporary Promotions
A new regulation is meant to ensure that federal workers who are temporarily promoted and shuffled into positions by an agency are paid for the entire duration of their detail.
The Office of Personnel Management (OPM) published the finalized rule on Time Limited Promotions in the Federal Register. It takes effect August 26, 2024.
The issue stems from employees who go over the 120-day limit for Time Limited Promotions. OPM guidance dating to 2004, states that they are to be paid at a higher rate only for 120 days. After 120 days a competitive hiring process is triggered.
Labor Groups Complain
Federal labor groups long accused the federal government of using the competitive hiring rule to deny higher pay to employees who were temporarily shuffled to fulfill an agency need.
In 2022, the National Treasury Employees Union (NTEU) urged OPM to change the rules, and in December 2023 OPM agreed, releasing draft rules.
Under the now finalized regulation, if a “adjudicative body” finds that an employee was promoted without full pay, the employee can recoup the full amount of back pay. Before the rule change, employees working more than 120 days at the higher job, were unable to achieve relief from adjudicators, in the form of back pay or documented temporary promotions.
“This regulatory change would also apply to any employee, including non-bargaining unit employees, pursuant to a final order by an adjudicative body or court unrelated to procedures found in a collective bargaining agreement,” stated the rule.
Limited Use
However, OPM noted that this is only be used in limited situations, such as “where an employee meets qualification and time-in-grade requirements established by the OPM regulations, but the agency made the assignment without the use of competitive procedures.”
To avoid such situations, OPM recommends that an agency should use competitive selection procedures at the outset, if it knows it will take at least 120 days to fill a vacant position.
