S. 1075: Model Employee Reinstatement for Ill-advised Termination Act
This bill, known as the Model Employee Reinstatement for Ill-advised Termination Act (MERIT Act), aims to provide protections and reinstatement rights to certain federal employees who have been terminated under specific circumstances. The main provisions of the bill include the following:
Definitions
The bill outlines several key definitions, including:
- Affected probationary employee: This refers to individuals who were separated from federal service during specific mass termination events after January 20, 2025, while they held competitive or excepted service positions during their probationary period.
- Covered separation: This includes both involuntary separations (excluding retirements) and voluntary separations that resulted from compensation or incentives offered by the federal government.
- Mass termination: This is defined as at least 15 separations occurring within a 30-day period as a result of the same directive or action.
Reinstatement Rights
The bill grants affected probationary employees the right to:
- Be reinstated to a position similar to their previous federal role.
- Receive back pay covering the period between their termination and their reinstatement appointment, as long as they accept the offered appointment.
- If they have taken a new federal position, they may receive a payment that accounts for any difference in earnings between the new job and what they would have earned if not terminated.
Appointment and Compliance Requirements
In terms of process, the bill requires the following:
- Agencies must notify affected employees within 30 days of the enactment of the bill about their rights and the method to accept their reinstatement.
- Affected employees must notify their former agency of their decision to accept or reject the appointment within 30 days of receiving notification.
- Agencies must make a reinstatement appointment no later than 30 days after receiving an acceptance notification.
Financial Provisions
Financial aspects of the bill include:
- Payments to affected employees shall be made within 90 days of determining the pay for the relevant position.
- Payments will be treated as wages for tax purposes.
- Any limits on employee pay do not apply to these payments.
Employment Benefits
The bill stipulates that the employment benefits offered to the reinstated employees must match or be better than those they previously received in their former federal positions.
Reports and Accountability
To ensure compliance and track the impact of the legislation, the bill includes reporting requirements:
- The Comptroller General must submit a report on mass terminations within 60 days of enactment, detailing the number of affected employees and reasons for their terminations.
- The Director of the Office of Personnel Management must report on the status of reinstatement of affected employees within 90 days of enactment.
Implications of Separation
The bill also clarifies that each affected probationary employee is considered to have been involuntarily separated without cause from their previous position.
Implementation Timeline
The bill sets specific timeframes for agency actions and employee notifications, ensuring a structured approach to reinstatement and employee rights.
Relevant Companies
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This is an AI-generated summary of the bill text. There may be mistakes.
Sponsors
4 bill sponsors
Actions
2 actions
Date | Action |
---|---|
Mar. 14, 2025 | Introduced in Senate |
Mar. 14, 2025 | Read twice and referred to the Committee on Finance. |
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