OPM Outlines Process for Upcoming Shift in Certain Federal Appeals
The Trump administration released guidance on the upcoming shift to handle certain federal employee appeals at the Office of Personnel Management (OPM) instead of the Merit Systems Protection Board (MSPB).
The update comes after the administration finalized four rules– three of which shift the appeals process in suitability, probationary period, and reduction in force (RIF) cases from MSPB to OPM, and the fourth which outlined new criteria that agencies must consider when carrying out RIFs.
The move represents a major shift in how certain federal employee appeals are handled.
Appeals Timelines
In its implementation document the administration outlined the three categories of appeals (suitability, probationary, RIF) as well as timelines for each. In all three categories, employees will have 30 calendar days from the effective date of the action to file their appeal.
The agency then has 30 calendar days to file a response that states the reasons for the action and includes the complete agency record.
The appellant then has 15 calendar days to reply and may raise new allegations based on the agency's response.
Decisions Based on Written Record
Federal employees who file the appeals in the three categories will no longer have a right to a hearing or formal investigation, except in some limited circumstances.
Instead, OPM will use the written record.
“Appeals are decided on the written record by OPM adjudicators who are insulated from anyone involved in the challenged action,” stated the guidance.
OPM will issue a written initial decision, and either party may request reconsideration within 30 calendar days. The decision becomes final in 30 calendar days if no one requests a reconsideration and the OPM Director does not reopen the case.
The changes apply to appeals filed on or after September 2, 2026, the day the final rules go into effect. Any appeal in process or filed beforehand will still go to the MSPB.
The suitability appeals will be heard at OPM’s suitability office.
Appeals over RIFs or for employees who are terminated during their probationary periods will be heard by OPM’s Merit System Accountability and Compliance (MSAC) office.
“Ready to Take On This Function”
OPM stated that it’s “ready to take on this function” and has the staffing capacity to do so. It’s also developing a secured electronic filing and case-management system to receive, track, and manage appeals.
Critics have questioned whether OPM has the capacity and independence to handle such appeals, given that the agency’s workforce is down about 30 percent since the start of the Trump administration.
“MSPB has an entire roster of administrative judges. It’s got a board that oversees it. It’s got a lot of support staff. It would require a lot of resources for OPM to offer the same quality and independent services,” said Jenny Mattingley, vice president of public policy and stakeholder engagement at the Partnership for Public Service.
