NSF says it’s reinstating fired probationary employees

Probationary employees fired from the National Science Foundation are being reinstated following a court ruling and guidance from the Office of Personnel Management, the science agency said Monday.

NSF Director Sethuraman Panchanathan “ordered the immediate reinstatement of terminated probationers with backpay and no break in service based on updated guidance from OPM and the Federal Courts,” per a written statement provided by an NSF spokesman.

“Every NSF employee makes important contributions to the NSF mission and the national science, engineering, and technology enterprise everyday,” the agency’s statement said. “NSF welcomes the return of our probationary employees who will help ensure the United States remains the global leader in scientific discovery and innovation.”

The agency, like many across the federal government, had previously fired probationary employees in line with the Trump administration’s efforts to reduce the size of the federal workforce. 

A federal district court ruling last week, however, temporarily halted those firings, ruling that the firings at several agencies were “illegal, invalid and must be stopped and rescinded.” While NSF had been included in the ruling from the bench, a written amendment to that order entered Friday removed the agency.

The impact of that change wasn’t immediately clear.

According to an NSF spokesperson, 84 of the 86 fired NSF probationary employees are being reinstated. NSF also fired experts in its Feb. 18 terminations. Those experts are retained on a short-term basis and aren’t probationary employees. 

Even before the court ruling, NSF was working to reinstate certain probationers. 

In its statement, and an email sent to staff Monday viewed by FedScoop, NSF noted that last week it had already started the process of reinstating fired probationary employees with disabilities, who are veterans, or who are military spouses. That effort came after OPM guidance that allowed agencies to retain those employees, the agency said.

OPM declined to comment when asked for details about its updated guidance to agencies.

Jesus Soriano, president of AFGE local 3403, the union that represents over 1,000 NSF workers, celebrated the agency’s move to reinstate workers. 

“AFGE Local 3403 looks forward to the prompt reinstatement of the hardworking scientists and administrators that were illegally terminated,” Soriano said in a statement. “America cannot remain a global leader unless we invest in science, technology and innovation.”

This story was updated on March 3 to include a comment from Soriano.