OPM Releases New Guidance as It Plans to Take Over Certain Employee Appeals

The Trump administration released guidance on the upcoming shift of handling certain federal employee appeals at the Office of Personnel Management (OPM) instead of the Merit Systems Protection Board (MSPB).

The guidance 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.

Decisions Based on Written Record

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.

Federal employees who file the appeals 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.

RIFs to Focus on Performance Ratings

As for the RIFs, OPM’s rules make a major shift. Instead of using tenure and seniority when it comes to deciding who is retained during a layoff, an employee’s performance will now be the top factor, followed by veterans’ preference. Tenure and seniority will be used as tiebreakers. 

In an accompanying blog post, OPM Director Scott Kupor wrote that the changes will give “real weight to recent performance ratings in retention decisions” noting that the system will only work if performance ratings are honest. He pointed to OPM’s moves to reform the performance rating system calling them “interlocking gears.”

In response to concerns that OPM could stack ratings to push employees out the door, the final rule states, “OPM has taken concrete steps to ensure the accuracy and fairness of employee ratings systems … Further, OPM has built in safeguards to prevent performance ratings from being manipulated to target individual employees in the RIF context.”