5 C.F.R. § 351.803

Notice of eligibility for reemployment and other placement assistance

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(a) An employee who receives a specific notice of separation under this part must be given information concerning the right to reemployment consideration and career transition assistance under subparts B (Reemployment Priority List), F, and G (Career Transition Assistance Programs) of part 330 of this chapter. The employee must also be given a release to authorize, at his or her option, the release of his or her resume and other relevant employment information for employment referral to the State unit or entity established under title I of the Workforce Investment Act of 1998 and potential public or private sector employers. The employee must also be given information concerning how to apply both for unemployment insurance through the appropriate State program and benefits available under the State's Workforce Investment Act of 1998 programs, and an estimate of severance pay (if eligible).

(b) When 50 or more employees in a competitive area receive separation notices under this part, the agency must provide written notification of the action, at the same time it issues specific notices of separation to employees, to:

(1) The State or the entity designated by the State to carry out rapid response activities under title I of the Workforce Investment Act of 1998;

(2) The chief elected official of local government(s) within which these separations will occur; and

(3) OPM.

(1) The number of employees to be separated from the agency by reduction in force (broken down by geographic area or other basis specified by OPM);

(2) The effective date of the separations; and

(3) Any other information specified by OPM, including information needs identified from consultation between OPM and the Department of Labor to facilitate delivery of placement and related services.

[60 FR 2679, Jan. 11, 1995, as amended at 62 FR 62502, Nov. 24, 1997; 65 FR 64133, Oct. 26, 2000]

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 1983–2025 · leading case: Sharon Andrade v. Charles A. Lauer, Acting Adm'r, Off. of Juv. Just., 729 F.2d 1475 (D.C. Cir. 1984).

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Sharon Andrade v. Charles A. Lauer, Acting Adm'r, Off. of Juv. Just., 729 F.2d 1475 (D.C. Cir. 1984). · cites it 3× “In accord with 5 C.F.R. § 351.803 , Diegelman stated in the notice that there would be a RIF some time early in 1982, and that “we do not know whether you will be able to remain in your present position, or if some other action will affect your employment.”

Nat'l Treasury Employees Union v. Fed. Labor Relations Auth., 712 F.2d 669 (D.C. Cir. 1983). “See 5 C.F.R. § 351.803 (general RIF notice may be cancelled, renewed, supplemented, or the agency may allow it to expire); id.”

Albert I. Yuni v. Merit Sys. Prot. Bd., 784 F.2d 381 (Fed. Cir. 1986). “5 C.F.R. § 351.803 (a). We first consider whether a reasonable person receiving the SBA’s August 26, 1983 letter to Mr.”

Am. Fed'n of Gov't Employees, Afl-Cio v. Trump, 139 F.4th 1020 (9th Cir. 2025). “§ 3502 ; 5 C.F.R. § 351.803 (b)); Nat’l Treasury Emps.”

State of Maryland v. USDA (4th Cir. 2025). · cites it 2× “See also 5 C.F.R. § 351.803 (b). The Government failed to do so, thereby depriving the States of information to which they were legally entitled and satisfying the first requirement of a constitutionally cognizable informational injury.”

Gober v. Collins (D.D.C. 2025). “”); see 5 C.F.R. § 351.803 14 (requiring agencies to give notice to States when a reduction in force involves at least 50 employees within a competitive area).”

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