The U.S. State Department confirmed Tuesday it will move forward with layoffs scheduled during the federal government shutdown, informing affected Foreign Service employees that their separation dates remain unchanged.
According to an internal notice obtained by Federal News Network, the department sent a memo Monday confirming that all 1,300+ employees who received reduction in force notices on July 11 have their final separation date set as Friday, December 5. The administration’s decision follows formal legal guidance from the Office of Management and Budget and the Justice Department’s Office of Legal Counsel determining that completing layoffs initiated before the lapse in appropriations does not violate spending provisions.
The department spokesperson stated agencies’ legal advisers confirmed the RIF notices “are not impacted by the language in the recent continuing resolution,” emphasizing the process was already underway prior to funding interruptions. The July 10 announcement during the shutdown affected roughly 1,100 civil service employees and nearly 250 Foreign Service officers.
While some organizations like unions and lawmakers have argued Congress intended for these layoffs to be overturned under the spending deal passed in September, agencies including the State Department have interpreted the law narrowly. The AFSA announced Tuesday it will pursue legal action against what they characterize as unlawful termination during an appropriations period that was already active prior to shutdown.
Separations began with civil service employees receiving notice earlier this year and being separated by early September. Foreign Service officers received 120-day notices awaiting guidance from the White House, however their separation date has now been finalized at December 5 following the ongoing resolution passed last week.
