If an agency violates OPM RIF
procedures. The Agency must correct the mistake by changing the status of the
preference eligible veteran. The required change may be made before the RIF is
implemented or after it has taken place. This may require the agency to use a
temporary exception to keep one or more employees on the rolls past the
Reduction in Force effective date in order to meet this obligation.
If an agency finds that an eligible employee
reached for Reduction in Force separation or downgrading effective on or after
November 18, 1997, was not provided retention preference consistent with P.L.
105-85, the Office of Personnel Management recommends that the agency take
appropriate corrective action.
Employee are not subject to reduction in
force while they are serving in the uniformed services. After return from
active duty, they are protected from RIC action. If they served for more than
180 days, they may not be separated by RIF for 1 year after their return. If
they served for more than 30 but less than 181 days they may not be separated
by RIF for 6 months.
If an employee was separated or downgraded by
Reduction in Force, the agency should determine whether or not the employee
would have been affected differently based on the change in Veterans'
Preference. If the employee would still be separated or downgraded, the agency
should correct the employee's notice. If the employee was separated, the agency
should also correct the Reemployment Priority List (RPL) registration (if any)
to accurately reflect their Veterans' Preference.
If the corrective action results in a surplus
of employees in one or more competitive levels, the agency may have to run a
new Reduction in Force. However, the agency cannot retroactively adjust the
results of the prior Reduction in Force.