Deadlines are everything, and in federal workplace disputes, a missed deadline can end your claim or even your career.
Over the past couple of weeks, my "Know the Clock" series has covered the most common deadlines for federal employees in four different forums. Today, we are going to put it all together.
As always, a word of caution - deadlines can change, especially in the current environment. The Office of Personnel Management (OPM) continues to revise rules in ways that compress timelines for federal employees. Be sure to verify your deadlines as soon as you receive notice of a personnel action or learn of events that could give rise to a complaint.
Disciplinary and Adverse Actions. Most employees facing a proposed suspension, reduction in grade, removal, or furlough of 30 days or less are entitled to advance notice and an opportunity to reply. OPM requires that federal agencies give employees at least 24 hours to reply to a proposed suspension of 14 days or less and 7 calendar days for suspensions over 14 days, reductions in grade, removals, and furloughs of 30 calendar days or less. Your agency may give you more time than the OPM minimum, but they should not give you less. Read your proposal carefully!
Merit Systems Protection Board (MSPB) Appeals. You generally have 30 calendar days from the effective date of an appealable action, or from receipt of the agency's decision, whichever is later, to file an appeal with the MSPB. If you and your agency agree in writing to try Alternative Dispute Resolution (ADR) before filing, your deadline could be extended to 60 calendar days. Request ADR early so you still have time to appeal if your request is denied.
Equal Employment Opportunity (EEO) Complaints. You must contact an EEO counselor within 45 calendar days of a discriminatory action, and each discrete act, such as a disciplinary action or denied promotion, can carry its own 45-day clock. Agencies are generally required to complete counseling within 30 calendar days and ADR within 90 calendar days. After you receive notice of your right to file, you have 15 calendar days to file a formal complaint.
Office of Special Counsel (OSC) Whistleblower Complaints. You have three years from when you knew or should have known of a prohibited personnel practice (PPP) to file a complaint with OSC, but you should file soon as you can, because evidence and witnesses fade over time. If OSC closes your case, you have 65 calendar days from its notice, or 60 calendar days from receipt, whichever is later, to file an Individual Right of Action (IRA) appeal with the MSPB. If OSC has not told you within 120 days that it will seek corrective action, you may file an IRA appeal at any time.
A few reminders. First, count carefully. Deadlines often run in calendar days, and day one is usually the day after the triggering event. Check every document you receive for its stated deadline. Second, some situations can involve more than one forum or one more than one claim. Clocks can run at the same time and sometimes picking one forum can bar you from another. If you are unsure which path to take, talk with an experienced federal employment law attorney early.
Know the rules. Know your options. Ask for help when you need it.
Want to learn more?
You can find all four installments of the Know the Clock series below:
