H.R. 1835: MERIT Act
Sponsor
LaMonica McIver
Democrat · NJ-10
Fired probationary federal workers deserve their jobs back
Why it matters
Every probationary federal worker caught in a 2025 firing wave of 15 or more people at one agency would get the right to return — plus a lump-sum check for the paychecks they missed. For someone earning $55,000 who has been out since early 2025, that back pay alone runs well past $80,000. H.R. 1835 would turn those firings into a formal rehiring process with firm deadlines.
H.R. 1835, the MERIT Act, covers probationary federal workers who left an executive agency as part of a "mass termination" between January 20, 2025, and the day the bill becomes law. A mass termination means at least 15 separations at one agency within 30 days, driven by the same or related government actions.
The definition reaches further than firings. It also counts people who left voluntarily in exchange for a government-offered payment or incentive, such as a deferred resignation deal. Temporary appointees are not covered.
If you qualify, your old agency would have to offer you the same or a similar job, with retirement, health coverage, and leave that match or beat what you had. The rehire skips the normal competitive hiring process, so you would not have to reapply from scratch.
Accepting the job comes with a single lump-sum payment equal to what you would have earned from your termination date until you are back on the payroll. If you already landed another federal job, you would get the gap between your old pay and your new pay instead — and you could keep the new job rather than return. Payments are taxed as regular wages and are not counted against federal pay caps.
The clock moves fast. Agencies get 30 days after enactment to notify you, you get 30 days to say yes or no, and the agency then has 30 days to put you back to work. Stay silent past your 30-day window and the right to return is gone.
The bill also clears your record: every covered worker is treated as having been let go without cause. Within 60 days, the Comptroller General would report to Congress on how many people each agency cut and the reasons given, and OPM would follow within 90 days with a count of who was notified and who came back.
Bill Progress
Latest Action · Mar 4, 2025
Referred to Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. for review
H.R. 1835 Bill Summary
What H.R. 1835 actually does.
Fired in a wave of 15 or more? You can come back
Probationary and trial-period workers in the competitive, excepted, or Senior Executive Service qualify if their agency had at least 15 separations within 30 days tied to the same or related actions, between January 20, 2025, and enactment.
Buyout departures count too
The bill's definition of a covered separation includes people who left voluntarily in exchange for a government-offered payment or incentive, not only those who were fired. Involuntary retirements are excluded.
Same job, same benefits — no reapplying
The return offer must be the same or a similar position in your former agency. A job only counts as similar if retirement benefits, health insurance, and leave match or exceed what you had. Competitive-service rehires skip the usual hiring rules.
Missed paychecks paid in one lump sum
Workers who accept get a single payment equal to what they would have earned between termination and reappointment. The payment is taxed as wages and does not count against federal pay limits. Agencies must start paying within 90 days of OPM setting the pay figure.
Already rehired elsewhere? You get the difference
If you hold another federal job on the day the bill becomes law, you receive the gap between your old agency's pay and what you earned in the new role. If that gap is zero or negative, no payment is owed.
Three 30-day deadlines
Agencies have 30 days after enactment to notify eligible workers, workers have 30 days to accept or decline, and agencies have 30 days after an acceptance to make the appointment. Workers who do not respond lose the right to return.
Your record says "without cause"
Every covered worker is treated as having been involuntarily separated without cause, whatever reason the agency gave at the time.
A public count of the 2025 cuts
The Comptroller General must report within 60 days on separations by agency, the reasons given, and whether relief should extend to non-probationary workers. OPM reports within 90 days on how many workers were notified and how many accepted.
Who benefits from H.R. 1835?
Probationary workers fired in 2025
People in their first year or two of federal service — at agencies from Veterans Affairs to the Forest Service — who were let go as part of a large cut would get a right to return to their old agency.
Workers who have been out of federal service since
If you have been job-hunting or working in the private sector, your lump sum would cover every federal paycheck you missed until your reappointment date.
Workers who moved to another federal agency
You would not have to choose between your new job and relief. The bill pays the difference if your new federal job pays less than your old one.
People who took a deferred resignation or other incentive
If you were in a probationary period and left through a government-offered buyout that was part of a mass departure, the bill counts you as covered.
Anyone whose file carries a performance reason
Every covered worker would be treated as separated without cause, whatever reason was given at the time — a distinction that can matter when applying for future federal jobs.
Who is affected by H.R. 1835?
Executive agencies that made the cuts
Agencies would have to identify every eligible worker, send notices within 30 days, hold open comparable positions, make appointments within 30 days of each acceptance, and fund the back-pay lump sums.
The Office of Personnel Management
OPM would set the pay figure for every affected position, accept pay evidence from workers for up to 60 days after notice, and report to Congress on how many workers returned.
Eligible workers who miss the response window
The right to return lapses 30 days after notice if a worker does not respond. People who have moved or changed contact information since 2025 are the most likely to miss it.
Non-probationary workers cut in the same actions
Career employees with full protections are not covered. The Comptroller General's report would recommend whether similar relief should extend to them.
HR1835 Legislative Journey
House: Committee Action
Mar 4, 2025
Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
About the Sponsor
LaMonica McIver
Democrat, New Jersey's 10th congressional district · 2 years in Congress
Committees: Small Business, Homeland Security
View full profile →
Cosponsors (108)
All 108 cosponsors are Democrats. Cosponsors represent 31 states: Alabama, Arizona, California, and 28 more.
Sheila Cherfilus-McCormick
Democrat · FL
Bonnie Watson Coleman
Democrat · NJ
Dina Titus
Democrat · NV
Juan Vargas
Democrat · CA
Eleanor Norton
Democrat · DC
Nanette Barragán
Democrat · CA
Valerie Foushee
Democrat · NC
Shri Thanedar
Democrat · MI
Ro Khanna
Democrat · CA
John Mannion
Democrat · NY
Raúl Grijalva
Democrat · AZ
Adam Smith
Democrat · WA
Cosponsor Coverage Map
Committee Sponsors
Ways and Means Committee
9 of 45 committee members cosponsored
Oversight and Government Reform Committee
16 of 47 committee members cosponsored
15 Democrats across these committees haven't cosponsored yet. Mobilize their constituents
H.R. 1835 Quick Facts
- Committee
- Ways and Means
- Chamber
- House
- Policy
- Government Operations and Politics
- Introduced
- Mar 4, 2025
Referred to Oversight and Government Reform, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. for review
Mar 4, 2025
Official Sources
Official bill page with status, text, cosponsors, and committee referrals for the MERIT Act.
Explains how probationary periods work and why probationers have few appeal rights, the gap the bill is written to address.
The bill borrows this section of federal law to define which probationary and trial-period employees are covered.
OPM’s official questions and answers on the 2025 deferred resignation offer, which the bill counts as a covered separation.
OPM’s tracker of federal headcount changes since January 20, 2025, the start of the period the bill covers.
The bill requires a reinstated job to match or improve on the health coverage a worker had before, which for most federal workers is FEHB.
The bill requires a reinstated job to preserve or improve the retirement benefits a worker had before separation.
The Comptroller General, who heads GAO, must report to Congress within 60 days on separations by agency and the reasons given.
H.R. 1835 Common Questions
Who qualifies to be rehired under H.R. 1835?
Federal workers who were still in a probationary or trial period and left an executive agency in a mass termination between January 20, 2025, and enactment. Competitive, excepted, and Senior Executive Service positions count; temporary appointments do not.
What counts as a mass termination?
At least 15 separations at one executive agency within 30 days, caused by the same or related government actions or orders. If your agency's cut was smaller, you would not qualify.
Does taking the deferred resignation offer disqualify me?
No. The bill covers voluntary departures made in exchange for a government-offered payment or incentive, as long as you were in your probationary period and the departure was part of a mass termination.
How much back pay would I get?
Whatever your old job would have paid from your termination date until you are rehired, paid in one lump sum. At $55,000 a year, that is about $4,600 per month out. It is taxed as regular wages.
I already got another federal job. Do I have to go back?
No. If you hold another federal job when the bill becomes law, you keep it and receive the difference between your old pay and your new pay for that period. If your new job paid more, no payment is owed.
How long do I have to accept the offer?
30 days from the notice your old agency sends. If you do not respond in time, the right to return is gone. Agencies must send notices within 30 days of enactment and rehire within 30 days of your acceptance.
Would I keep my health insurance and retirement benefits?
Yes. A job only counts as similar under the bill if your retirement benefits, health insurance, and leave match or exceed what you had before.
Would my firing still show a performance reason?
No. H.R. 1835 treats every covered worker as involuntarily separated without cause, regardless of the reason given at the time.
Based on H.R. 1835 bill text
H.R. 1835 Bill Text
“To require the reinstatement of recently terminated probationary Federal employees, and for other purposes.”
Source: U.S. Government Publishing Office
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