Legislation Search

H.R. 1835: Model Employee Reinstatement for Ill-advised Termination Act

This bill, known as the Model Employee Reinstatement for Ill-advised Termination Act (MERIT Act), outlines provisions to reinstate certain federal employees who have been terminated during a specified period. Below are the key points of the bill:

Reinstatement of Affected Probationary Employees

The bill mandates that probationary federal employees who have been terminated as part of a mass termination are entitled to be reinstated in a similar position in their former agency. This applies unless they have already accepted a new federal position. If they choose to accept reinstatement, they will receive back pay equivalent to what they would have earned from their termination date until their reinstatement date.

Payments for Affected Employees

Current Employees: Employees who were appointed to new federal positions prior to the bill's enactment are entitled to a payment that equals the difference between what they would have earned in their former position and what they earned in their new role.
Other Affected Employees: Employees who did not secure a new position by the enactment date are similarly entitled to reinstatement and the back pay as outlined above.
Payments must be made within 90 days of determining the appropriate pay for the position, and they are treated as taxable income.
The bill ensures that the pay limits for federal employees do not apply to these reinstatement payments.

Notice and Acceptance Procedure

The heads of executive agencies are required to inform affected probationary employees about their rights under the bill within 30 days of its enactment. Employees must then communicate their acceptance or rejection of reinstatement within 30 days of this notice. If they fail to do so, they will lose their right to reinstatement.

Classification of Separation

The bill classifies the separation of affected probationary employees as involuntary and without cause, recognizing their situation allows for reinstatement under this act.

Payment Determination

The Office of Personnel Management (OPM) will be responsible for determining the salary levels for the affected positions based on the evidence provided by the employees and other relevant information.

Reporting Requirements

The bill requires the Comptroller General of the United States to submit a report on the mass terminations that occurred during a defined time frame, detailing the number of employees separated and other specifics. Additionally, the OPM must report to Congress on the reinstatement process within 90 days of the bill's enactment.

Definitions

The bill provides specific definitions for key terms, such as affected probationary employee, competitive service, mass termination, and others, to clarify the scope of the legislation and the employees it covers.

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Actions

2 actions

Date	Action
Mar. 04, 2025	Introduced in House
Mar. 04, 2025	Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

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