The 90-Day Buffer: What OPM’s New Layoff Rules Actually Mean for Milspouses

Executive Order 14100-Advancing Economic Security for Military and Veteran Spouses, Military Caregivers, and Survivors recognized that

“[N]early one in five military families cite challenges with spousal employment as a reason when considering leaving active-duty service. The challenges associated with the military lifestyle, including permanent change-of-station moves every 2 to 3 years on average for active-duty families, mean that military spouses often struggle to find options for work that are portable or allow them to build a sustainable long-term career.”

A Reduction in Force (RIF) notice can be another setback for those military spouses continually having to find employment with each Permanent Change of Station (PCS) relocation.

In a recent revision to Reduction in Force (RIF) regulations, the Office of Personnel Management (OPM) introduced a discretionary temporary exception for military spouses. Under 5 CFR §351.608(f), agencies “may extend the separation date beyond the effective date of a reduction in force of a military spouse… up to a maximum of 90 days…”

While agencies are authorized “to provide up to an extra 90 days beyond the effective date of the RIF…[t]his extension may be of shorter duration,” according to OPM’s background response. OPM’s background response also noted the change “was part of a broader modernization effort of the workforce reshaping tools available to agencies.” The final rule took effect on September 2, 2026.

For military spouses working in the federal government, this agency option could bring relief by providing them flexibility and time to make important decisions. 

Action Steps For Military Spouses

What can military spouses, who are defined in § 351.203, do if they are faced with a RIF notice?

Ultimately, according to OPM’s background response,

“[T]he decision to exercise the authority rests with the agency, and it is discretionary. Employees who receive a RIF notice and believe they may be an eligible military spouse should notify their supervisor and HR office to provide documentation demonstrating eligibility. They should seek clarification as to whether the agency intends to apply the exception in the regulation to the RIF in question.”

Additionally, the new regulation “does not prescribe documentation, so it’s up to the discretion of the agencies to determine how to verify eligibility,” according to OPM’s background explanation.

So, what documents can military spouses have on hand? Some paperwork might include documentation already required for proving eligibility under the Military Spouse Preference (MSP). According to the Defense Civilian Personnel Advisory Service (DCPAS), DD Form 3145-4 lists paperwork needed for military spouses to self-certify for federal employment using the Priority Placement Program (PPP). Depending on whether spouses have prior federal work experience or not, “DoD agencies may require some, all, or additional documents,” as stated on the form. Some of the paperwork listed on the form includes current Permanent Change of Station (PCS) orders showing authorization of spouse travel or as an authorized dependent, the military spouse’s most recent Notification of Personnel Action - Standard Form-50, documentation of performance rating of record, and a certified copy of their marriage certificate or license.

In a fact sheet titled Tips For Military Spouses, Veteran Employment Services Office (VESO) and Choose VA suggest other documents that may be needed for military spouses to apply for USAJOBS positions, which include PCS orders, DD-214, DD Form 1300, and documentation verifying marriage.

Do military spouse federal workers have additional avenues other than this discretionary temporary exception? It all depends. While noting that his October 8, 2026 FedWeek “article is not legal advice for any individual employee”, Justin Schnitzer, Esq. mentioned federal employees can take practical steps before a RIF notification comes “to protect their retention standing, preserve appeal rights, and avoid being caught flat-footed under OPM’s finalized RIF framework.” Additionally, the Federal RIF Resource Hub recommends gathering essential documents “critical during a Reduction in Force (RIF) to protect your rights, ensure you receive entitled benefits, and prepare for your next steps." As of September 2, 2026, RIF appeals have been transferred to OPM.

When dealing with a RIF notification and determining which next steps are right for them, military spouses can prepare and self-advocate where they are able by gathering important documents, contacting Human Resources, and seeking Administrative support.

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Military Spouse Retention Transparency

In a message by the Director of the U.S. Office of Personnel Management, Scott Kupor, begins the FY 2024 Employment of Veterans and Military-Connected Spouses and Survivors in the Federal Executive Branch Report (“Report”), noting that only 5,853 out of the total 256,684 new hires by the Executive Branch of the Federal Government were military spouses (OPM, 2026). Displayed in data from Table 3: Total New Hires-Veterans and Military-Connected Families in the above-mentioned Report, from FY 2023 to FY 2024,

“[M]ilitary-connected families also exhibited a 2.5% decrease in new hires, making up 2.0% of the workforce.”

Additionally, according to the Report in FY 2024, various government agencies show that new hire retention rates for military spouses were lower than those for non-veterans and veterans; the Executive Branch Agencies showed a lower 65.78% new hire retention rate for military spouses compared to 77.60% for non-veterans.

In a June 8, 2026 letter addressed to Mr. Scott Kupor, referring to the report, in FY 2024 and the prior 2023 version of it, both U.S. Senators Mark R. Warner and Tim Kaine note,

“[B]oth reports highlighted the existence of retention challenges for military spouses, but neither detailed root causes or identified instances of demonstrated agency success, which could then be replicated across government.”

The Senators asked a host of questions related to improving the “retention of military spouses in federal agencies,” including asking to “share documentation outlining each agency’s efforts to incorporate retention goals specific to this population in their Human Capital Operating Plans, or other internal agency strategic plans that can record their commitments and strategies, as directed by OPM in its memo accompanying the Strategic Plan.”

During its second meeting on October 19th, 2026, the President’s Military Spouse Commission (MSC) asked for more transparency through programs such as SpouseWorks to track real data on which military spouse employer partnerships are actually hiring military spouses, how many spouses are being hired, promoted, retained, and any PCS-related or other effects on employment and retention.

Keys to Spousal Retention

Spanning the course of three years, 2022-2025, a Blue Star Families report showed only 22% of the total sample of active duty spouses maintained full-time employment during all 6 waves of the longitudinal study. Even though there is no current detailed data showing root causes of retention challenges for military spouses in the federal workforce, past studies and surveys have shown key factors contributing to employment stability and instability for military spouses. According to the same longitudinal study findings in the Blue Star Families report “Endless Adaptation, Limited Progress: An Analysis of Military Spouse Employment Across the Military Life-Course”, it revealed that “[e]ducation, location flexibility, fair compensation, and access to mentorship” contributed to career continuity, and “[i]n contrast, structural barriers such as childcare access, cultural expectations, and employer skepticism continue to constrain progress.”

Solving the challenges and systemic barriers is key to not losing highly qualified, valuable talent. For example, location flexibility is shown to be so vital to career continuity. In a February 12, 2025 memorandum from Acting Director, U.S. Office of Personnel Management, Charles Ezell, new guidance instructs that

“[A]gencies should accordingly ensure that their return-to-office plans categorically exempt all military spouses authorized to engage in remote work. This includes both military spouses appointed under the Military Spouse Employment Act authorities and those appointed under other hiring authorities.”

Military spouses can benefit from federal agencies implementing policy changes, such as OPM’s new RIF guidance regarding discretionary temporary exceptions and return-to-office (RTO) exemptions. What remains to be seen is the outcomes of their implementation.

*Disclaimer: This article is for informational purposes only and does not constitute legal, financial, or human resources advice.