Shifting MSPB Appeals

The move to shift appeals of reduction in force (RIF) actions, probationary and trial period terminations, and suitability actions from the Merit Systems Protection Board (MSPB) to the Office of Personnel Management (OPM) is nearly complete. 

Both OPM and MSPB issued final regulations to shift these three categories of appeals late this summer and the change took effect this month. All probationary and trial period terminations and RIF actions that are effective on September 2, 2026 or later must be appealed to OPM, and all suitability appeals filed after September 2, 2026 must be routed to OPM. The MSPB will only hear appeals of terminations and RIF actions that occurred prior to September 2, 2026 and suitability appeals that were filed prior to September 2, 2026.

Employees should also be aware that neither the MSPB’s website nor the MSPB appeal form have been fully updated yet. You may still see references to RIF, probationary, trial, and suitability appeals throughout. The MSPB has begun the process to update its appeal form with these changes, but the process will not be complete until later this year. (MSPB’s Proposed Appeal Form)

However, employees can visit OPM’s website and find instructions for each type of appeal (Probationary and Trial Period Appeals, RIF Appeals, and Suitability Appeals), and OPM is directing federal employees to file all new appeals through the OPM eFile system.

Employees should pay careful attention to ensure they do not mistakenly file an appeal with the wrong agency. Given these significant changes and evolving guidance, federal employees should consider contacting an experienced federal employment law attorney for assistance when filing these types of appeals.   

Want to learn more?

A more in-depth look at suitability determinations that may give rise to suitability appeals can be found here.

You can also find more information regarding reductions in force here and information regarding probationary and trial periods here.