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As the union works to keep track of and respond to the various changes to working conditions for our Bargaining Unit Employees (BUEs), one obstacle that has become clear is management's tactic of using only verbal non-recorded communications to convey new information. This is a tactic that, given its reliance on human memory, can muddy the waters of what a real direction or policy is and also lead to uncertainty about the dates when specific information is first presented to BUEs. It hampers cohesive efforts to respond to change.
However, there are ways that employees can push back against this tactic and establish more clarity. These methods can also help union efforts by providing a firm base to bargain from, if bargaining is initiated on the employees’ behalf. Recently, we have heard of some confusion about whether term employees (i.e. temporary employees with terms greater than 1 year) could possibly be terminated before their term end dates without a formal Reduction in Force (RIF) process. Below is a summary of GESTA's current understanding of the law surrounding term employees. However we encourage individuals to consult a federal labor lawyer for any legal advice.
Term employees who are past their probationary/trial periods cannot be terminated for reasons unrelated to their job performance or conduct before their term end date without the agency performing a formal RIF process. However, terms still in their probationary period (within 1 year of hiring for those in the competitive service and within 2 years of hiring for those who are in the excepted service and without veteran’s preference) can be terminated prior to their term end date for performance/conduct but also suitability reasons without a formal RIF process – see our prior post on the new regulations for Probationary Employees. Employees can check in Box 34 of their SF-50 to locate their status as either a competitive or an excepted service employee. In addition, in the case of their termination, both non-probationary and probationary term employees must be given sufficient notice, and the terminations must not violate any civil rights or whistleblower protections. In the case of their termination, both non-probationary and probationary term employees also have appeal rights, though probationary employee’s appeal rights are more limited. If any term employees do find themselves facing termination prior to their term end date and prior to formal RIF procedures being implemented by NASA, we encourage you to reach out right away to GESTA to understand your options. For more details you can also see section 5 of NSREF-3000-0972_NASA Time-Limited Employment Desk Guide (internal) On June 24, 2025 changes to the regulations guiding probationary employees and termination\separation conditions were published in the Federal Registrar (90 FR 26727). With these changes two prior Federal Regulations (eCFRs) (315.804 & 315.805) governing probationary period terminations were rescinded. Before June 24th, as described in an email GESTA sent to our members on February 16th under these now rescinded eCFRs (315.804 & 315.805): “management may [only] terminate a probationer for unsatisfactory performance or conduct or for ‘conditions arising before appointment’" and transitioning from probationary status occured one or two years post employment and “does not depend on any paperwork being filed or processed.” Under the June 24th amended regulations this is no longer entirely the case.
Under the new regulations eCFR Title 5, Chapter I, Subchapter A § 11.5 termination under probationary status can be justified by unsatisfactory performance but also if the agency determines the person’s employment is no longer “in the public interest”. In addition, continued employment after the 1 year or 2 year (for excepted service employees who do not have veterans preference) trial period is no longer automatically granted. Instead the agency must “certify” the employee’s continued employment 30-days prior to the probationary period end date. If this certification does not happen the employee is automatically separated from service. This new regulation does not apply to “an employee serving a probationary period due to being promoted, transferred, or otherwise assigned, for the first time, to a supervisory or managerial position.” We’d like to give you some updates on the Deferred Resignation Program (DRP) here at Goddard. We’ve heard back on what exactly the July 25th deadline means. July 25th at 11:59 p.m. ET is the last date/time to apply/opt in for DRP, VERA, and VSIP. Guidance from HR is that “For those that wait to apply at the last minute, we will work quickly to get them approved and then they must have their agreements signed by July 29.” We would still recommend giving them a day or two in case there is a last second rush. Our last update on the number of Goddard civil servants who have joined the program via the 'Message and Updates from the Center Director' from June 17th is 447 people having signed up.
The OCHCO website states that one of the benefits of the DRP program is exemption from the in-office mandate, and the contract itself says, “Employee shall ….. be exempt from any return-to-office requirements.” However, we have been informed that the Director of Code 500, Segrid Harris, has told supervisors and employees that she will not sign any timesheets that have telework listed on them from employees in the DRP. When we questioned Goddard Management about this, we were told this was not their understanding. According to Management, work schedules should be worked out between employees and supervisors, tailored to what works best for both. This would imply that the exemption on return-to-office is in place if you have been approved for the DRP, despite what we had heard previously from Code 500, and there is no requirement for you to come into the office. The latest you would be allowed to take administrative leave is August 15th, unless you can make the argument that you are in a critical position. This is a high bar, it has to be signed off on by the Directorate head, the Center Director, and all the way up to the NASA Administrator level. The bottom line is opting in / signing up must be done by July 25th, signed off by July 29th, administrative leave must be taken (except in rare cases) by August 15th – the exact date decided in coordination with your supervisor and resignation or retirement must be taken by January 9, 2026 at the latest. By the administrative leave date all equipment, travel cards, P-cards, and government sponsored passports must be turned in. While on DRP, salary, benefits, etc. will be as normal, even when one is on administrative leave, until your resignation or retirement. Also, it is up to the individual to go through the retirement process, it does not happen automatically on the retirement date that was chosen. Like all of you, we are trying to learn the details of these new Deferred Resignation Program (DRP), Voluntary Seperation Incentive Program (VSIP) and Voluntary Early Retirement Authority (VERA) program and evaluate them in the context of a potential future Reduction in Force (RIF). We are committed to sharing any information we find in the coming weeks. In the meantime, the following Office of the Chief Human Capital Officer (OCHCO) Sharepoint information sites are available:
NASA Deferred Resignation Program Sharepoint NASA VERA and VSIP Sharepoint And you can sign-up for Workforce Workshops about these programs. The application window for these programs is open and will close on July 25th. GESTA does want to reiterate one of our primary concerns about the DRP program, which is that, as in the prior program version, the NASA DRP contract template includes language waiving certain rights, including “Employee waives any and all claims relating to Employee’s employment with NASA, including all rights to file any other complaints with, or appeals to the Equal Employment Opportunity Commission, the Merit Systems Protection Board or other administrative fora, and civil litigation arising out of matters or events prior to the execution of this Agreement…” As before, GESTA recommends employees considering this offer consult a federal labor lawyer. If you missed the Center town hall on Monday June 16th, further information on these programs was shared by Center management at that time. A few areas captured from the town hall are below. According to US Code Title V Part III, Subpart D Chapter 55 Subchapter IX, Severance Pay is an entitlement for some employees upon involuntary separation from their government position which may occur during a Reduction in Force (RIF). The question is who qualifies and how much severance pay are they entitled to? Will I be entitled to severance pay if I do not take a potential second Deferred Resignation Program (DRP), Voluntary Early Retirement (VERA), or a Voluntary Separation Incentive Pay (VSIP) offer and then I get “RIFed”?
We'd like to make everyone aware that Travel Compensatory Time (TCTE) and Time Off Awards (TOA) will NOT be paid out in the case of a Reduction in Force (RIF). Compensatory Time (CTE) might be paid out. Annual Leave (AL) and Earned Credit Hours (CRE) will be paid out. To avoid forfeiting any of your leave in the case of a RIF, GESTA recommends you consider using up any TCTE and TOA leave first. WebTADS allows (with approval) for time card adjustments to be made to past pay periods, which could be used to switch prior use of AL to TOA. If you would like to do so, you may want to so sooner rather than later. GESTA has heard from colleagues at NASA Headquarters who were "RIF-ed" who tried to make time card adjustments after they were notified, but their requests were denied.
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