This legislation, known as the MERIT Act , establishes a framework for the reinstatement of certain probationary Federal employees who were recently separated from service. It defines "affected probationary employees" as individuals separated from an Executive agency during a mass termination between January 20, 2025, and the Act's enactment, provided they were serving a probationary period or had not completed required continuous service. A mass termination involves at least 15 covered separations within a 30-day period due to related Federal Government actions. The Act entitles these affected employees to an appointment to a position within their former agency that is the same or similar to their previous role, ensuring comparable or superior employment benefits. In addition to reinstatement, affected employees are entitled to back pay for the period between their termination and reinstatement, or a differential payment if they secured new Federal employment. Executive agencies must notify eligible employees of their rights within 30 days of the Act's enactment, and employees then have 30 days to accept or reject the reinstatement offer. The Office of Personnel Management (OPM) will determine the pay for these calculations, using employee-provided evidence or other relevant information. The bill stipulates that affected probationary employees are deemed to have been involuntarily separated without cause . It also mandates reports from the Comptroller General on the mass terminations and from OPM on the implementation and outcomes of the reinstatement process.
Read twice and referred to the Committee on Finance.
Government Operations and Politics
MERIT Act
USA119th CongressS-1075| Senate
| Updated: 3/14/2025
This legislation, known as the MERIT Act , establishes a framework for the reinstatement of certain probationary Federal employees who were recently separated from service. It defines "affected probationary employees" as individuals separated from an Executive agency during a mass termination between January 20, 2025, and the Act's enactment, provided they were serving a probationary period or had not completed required continuous service. A mass termination involves at least 15 covered separations within a 30-day period due to related Federal Government actions. The Act entitles these affected employees to an appointment to a position within their former agency that is the same or similar to their previous role, ensuring comparable or superior employment benefits. In addition to reinstatement, affected employees are entitled to back pay for the period between their termination and reinstatement, or a differential payment if they secured new Federal employment. Executive agencies must notify eligible employees of their rights within 30 days of the Act's enactment, and employees then have 30 days to accept or reject the reinstatement offer. The Office of Personnel Management (OPM) will determine the pay for these calculations, using employee-provided evidence or other relevant information. The bill stipulates that affected probationary employees are deemed to have been involuntarily separated without cause . It also mandates reports from the Comptroller General on the mass terminations and from OPM on the implementation and outcomes of the reinstatement process.