Title 42 Employees and RIFs
Title 42 employees at CDC operate under a different personnel system with unique rules. Learn how RIF actions affect Title 42 scientists, researchers, and clinicians, and what special protections may apply.
What Is Title 42 Authority?
Title 42 of the United States Code (42 USC § 209) gives the Secretary of Health and Human Services the authority to appoint certain scientific, technical, and professional personnel outside the standard civil service system (Title 5). At the CDC, Title 42 appointments are commonly used for:
- Research scientists and principal investigators
- Physicians and medical officers
- Senior scientific leaders and laboratory directors
- Epidemiologists and public health specialists in specialized roles
- Commissioned Corps officers serving in CDC positions
Title 42 employees are not covered by the same competitive service rules as Title 5 employees. This means the standard RIF procedures under 5 CFR Part 351 may not apply in the same way, and the protections available to Title 42 employees can differ significantly.
How RIF Rules Differ for Title 42 Employees
RIF Procedures May Not Apply
Because Title 42 employees are in the excepted service (not the competitive service), they are generally not covered by the standard competitive service RIF procedures. This means that the retention standing system (tenure, veteran preference, length of service, performance) used for Title 5 employees may not apply to Title 42 employees. The agency may have more discretion in how it reduces its Title 42 workforce, but it must still follow applicable HHS and CDC policies, the terms of individual appointment agreements, and any collective bargaining agreement provisions.
Limited Bump and Retreat Rights
Title 42 employees typically do not have bump and retreat rights into Title 5 competitive service positions. Similarly, Title 5 employees generally cannot bump into Title 42 positions. However, if a Title 42 employee previously held a competitive service position and maintained reinstatement eligibility, there may be options to return to a competitive service position.
Notice Requirements
The 60-day minimum notice requirement under 5 USC § 3502 applies specifically to competitive service employees. Title 42 employees may be subject to different notice requirements based on their appointment terms, HHS policy, or CDC-specific procedures. Review your appointment letter or service agreement for notice provisions. If the collective bargaining agreement covers Title 42 employees in your unit, its notice provisions also apply.
Performance-Based vs. Position-Based Actions
For Title 42 employees, the agency has more flexibility in structuring workforce reductions. Actions may be characterized as non-renewal of appointment, termination during a trial period, or elimination of position, rather than as a formal "RIF." The characterization matters because it determines your appeal rights and benefits eligibility.
Appeal Rights for Title 42 Employees
This Is a Complex Area
Appeal rights for Title 42 employees are complicated and depend on the specific circumstances of your appointment and separation. Contact AFGE Local 2883 immediately if you are a Title 42 employee facing separation so we can evaluate your specific situation.
MSPB Appeals
Title 42 employees who are in the excepted service generally have limited MSPB appeal rights compared to competitive service employees. However, if you have completed two years of continuous service under a Title 42 appointment, you may have adverse action appeal rights under 5 USC Chapter 75 for certain personnel actions. Additionally, if you believe your separation was motivated by discrimination or whistleblower retaliation, you have the right to file an EEO complaint or OSC complaint regardless of your appointment type.
Negotiated Grievance Procedure
If Title 42 employees are included in the bargaining unit represented by AFGE Local 2883, they may have access to the negotiated grievance procedure under the collective bargaining agreement. This can provide an alternative avenue for challenging a separation, even if MSPB appeal rights are limited.
EEO and Whistleblower Protections
Regardless of appointment type, all federal employees — including Title 42 — are protected against discrimination based on race, color, religion, sex, national origin, age, disability, genetic information, and retaliation for EEO activity. Whistleblower protections under the Whistleblower Protection Act also apply to Title 42 employees. If you believe your separation is related to discrimination or retaliation for protected disclosures, you have the right to seek relief.
Conversion and Transition Options
Title 42 employees facing separation may have options for transitioning to other positions:
Conversion to Title 5
In some cases, the agency may offer to convert your Title 42 position to a Title 5 (competitive or excepted service) position. This would give you the protections of the standard civil service system going forward. However, conversion is not guaranteed and depends on position availability and agency willingness.
Noncompetitive Appointment Eligibility
If you previously held a competitive service position with career or career-conditional status, you may retain reinstatement eligibility that allows you to apply for competitive service positions without going through the competitive examining process. Check your personnel records to determine if you have reinstatement eligibility.
Transfer to Another HHS Agency
Title 42 authority is available across HHS agencies, not just CDC. If other HHS agencies (NIH, FDA, SAMHSA, etc.) have Title 42 vacancies, your experience and qualifications may make you a strong candidate. The union can help connect you with information about positions at other agencies.
Intergovernmental Personnel Act (IPA)
Some Title 42 researchers may be able to arrange IPA assignments to universities, state health departments, or other organizations that collaborate with CDC. While this is not a permanent solution, it can bridge the gap while you seek other employment.
Special Considerations for CDC Scientists and Researchers
Active Research and Grant Obligations
If you are a principal investigator or co-investigator on active grants, contracts, or cooperative agreements, your separation raises important questions about the continuity of funded research. Document all active projects, funding sources, and obligations. The agency has a responsibility to ensure proper transition of federally funded research. If your separation would result in the loss of significant research funding or the abandonment of critical public health studies, this should be documented and raised in any comments on RIF impacts.
Intellectual Property and Publications
Clarify the status of any pending publications, patents, or intellectual property developed during your CDC service. Federal policy generally provides that work created within the scope of federal employment is government work, but you may have rights to be credited as an author or inventor. Resolve these issues before your separation date if possible.
Professional Credentials and Certifications
Ensure that any professional licenses, certifications, or credentials tied to your CDC role are properly documented and transferable. If the agency provided any support for maintaining professional certifications (CME credits, license fees, etc.), understand how separation affects those arrangements.
Benefits Comparison
Title 42 employees at CDC typically receive the same federal benefits package as Title 5 employees (FEHB, FEGLI, TSP, FERS/CSRS). Your post-separation benefits options (FEHB continuation, TSP, retirement) are generally the same as those described in our other resource pages. However, some Title 42 appointments may include special pay, recruitment bonuses, or retention allowances that have clawback provisions if you separate before a specified period. Review your appointment agreement for any such provisions.
Title 42 Employee Facing Separation?
Title 42 cases require specialized knowledge of both the excepted service rules and CDC-specific policies. Contact AFGE Local 2883 immediately for a review of your specific situation and options.
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