Know the Clock - Two
It is critical for Federal employees to know their deadlines when they have a workplace concern. The “Know the Clock” series breaks down the most common deadlines for federal workplace disputes. This second installment focuses on the Merit Systems Protection Board (MSPB).
MSPB Edition
It is important to keep your eye on the clock if you have a workplace concern. A missed deadline could mean the end of your federal career.
In my “Know the Clock” series, I am laying out the most common deadlines for federal workplace disputes. Please keep in mind that deadlines change constantly, especially in our current environment. It is important to verify all deadlines as soon as you receive notice of a personnel action or have knowledge of events that could give rise to a complaint.
Today, let’s take a look at the Merit Systems Protection Board (MSPB).
Generally, employees have 30 calendar days from the effective date of an appealable personnel action, or 30 calendar days from the day the employee receives the agency’s decision, whichever is later, to file an appeal with the MSPB. Typically, 30 days from the effective date will be the later of the two, because agencies often issue letters in advance of the action. For example, if I receive the decision letter on my proposed removal on Wednesday and the letter states that my removal will be effective on Friday, then I should have 30 days from Friday to file my appeal.
Employees may get this deadline extended to 60 calendar days if the employee and agency mutually agree in writing to attempt to resolve the dispute through Alternative Dispute Resolution (ADR) prior to filing an appeal. If you want to engage in ADR, it is important to contact your agency as soon as possible to request ADR to ensure you still have adequate time to file your appeal in the event ADR is denied.
You must also be sure to check whether your deadline is calculated in calendar days or business days. MSPB’s regulations state that their deadlines are calculated in calendar days. They also state that the first day counted is the day after the event from which the time period begins to run. For example, if my removal is effective on October 1st, then October 2nd is day one of my 30-day clock to file an appeal.
Want to learn more?
You can find more information about MSPB appeals here, and information regarding disciplinary and adverse actions here.