Bill proposes additional safeguards for temporary workforce under probation

In a move aimed at providing continued support to federal employees overseas, the Office of Personnel Management (OPM) has extended the authority for agency heads to waive the pay cap for certain federal civilian employees through the remainder of 2025. This decision comes as part of the implementation of sections of the fiscal 2025 National Defense Authorization Act (NDAA).

The waiver applies to federal employees working overseas in areas overseen by U.S. Central Command, Africa Command, in support of a military operation or in response to a national emergency declared by the president. The details of these extensions and waivers are outlined in a recent memo.

The memo also provides federal employees with the option of a hearing, the opportunity to appeal to the Merit Systems Protection Board, and other evidentiary rights. Notably, the enactment of section 1101 of the fiscal 2009 NDAA Duncan Hunter is included, which allows the pay waiver to reach up to the vice president’s salary in 2025, or $289,400.

The Protect Promoted Workers Act, introduced by Rep. Johnny Olszewski, D-Md., on April 10, 2025, has garnered the support of the American Federation of Government Employees. If passed by Congress, this bill would provide employment protections and reinstatement rights for certain federal career employees entering probationary periods after promotion. However, as of now, there is no information available about specific organizations that have joined the Protect Promoted Workers Act.

The bill has been referred to the House Committee on Oversight and Government Reform, and the Committee on Veterans' Affairs for further consideration. The extension and waivers are significant steps towards acknowledging and addressing the unique challenges faced by federal employees in high-risk and high-demand roles.

It is important to note that any pay in addition to basic pay during the waiver is not counted as compensation in applying aggregate pay limitations under statute. This provision aims to ensure that federal employees receive the necessary compensation for their critical work without exceeding pay caps.

In this evolving landscape, the extensions and waivers offer a measure of security and recognition for federal employees working in challenging conditions. As the bill moves through the legislative process, the impact of these measures on the federal workforce will continue to unfold.