Feds Fire Up Faster Appeals for Probationary Staff Shakeups
Published Date: 12/30/2025
Proposed Rule
Summary
The Office of Personnel Management is making it easier and faster to handle appeals from employees fired during their probation or trial periods. Now, only certain discrimination claims and procedural errors can be appealed, and OPM—not the old board—will decide these cases. This change affects federal workers and supervisors, with comments open until January 29, 2026, aiming to save time and cut costs.
Analyzed Economic Effects
8 provisions identified: 3 benefits, 4 costs, 1 mixed.
OPM may award back pay and fees
If OPM grants an appeal, it may order relief including correction of the personnel action and any back pay, interest, and reasonable attorney fees consistent with 5 CFR part 550 subpart H. If an agency timely requests reconsideration, the agency must continue providing the ordered relief unless OPM issues a stay; OPM states it will not order a stay that would deprive pay and benefits to a prevailing employee while reconsideration is pending.
OPM replaces MSPB for probation appeals
The Office of Personnel Management (OPM) would replace the Merit Systems Protection Board (MSPB) as the adjudicative body for appeals by employees terminated during probationary or trial periods and for supervisors/managers who fail their probation. OPM intends to house these appeals in its Merit System Accountability and Compliance (MSAC) office to handle adjudication.
Appealable grounds narrowed
Under the proposal, appeals for probationary or trial period terminations would be limited to claims of discrimination based on partisan political reasons or marital status, and to agency failure to follow procedures for terminations based on pre-appointment reasons. Employees would not be allowed to attach claims of unlawful discrimination under statutes administered by the Equal Employment Opportunity Commission (EEOC) to an OPM appeal and would instead have to pursue those claims at the EEOC.
Record-based adjudication; limited hearings
OPM would adjudicate these appeals primarily on the written record without extensive discovery and appellants would not have a right to a hearing; OPM may hold a hearing only when necessary, and may conduct investigations or audits if it determines additional information is needed. The proposed rule also provides a procedure for seeking reconsideration of OPM decisions.
Employee bears preponderance burden
The proposal sets the burden of proof on the employee by a 'preponderance of the evidence' standard for establishing timeliness, OPM jurisdiction, and the appealable issues under the rule. The rule explicitly places that burden on the appellant.
30‑day filing deadline and e-filing required
Appeals and requests for reconsideration must be filed at OPM within 30 days from the effective date of the action being appealed, and OPM is proposing to require electronic filing and registration in its electronic filing system (with exemptions for good cause).
One‑year service exclusion retained
The proposal specifies that an individual does not have a right to appeal under this part if the individual has completed one year of current continuous service under other than a temporary appointment limited to 1 year or less; such individuals may be covered by procedures in 5 CFR parts 432 or 752 instead.
Sanctions and stronger protective orders
The proposed rule includes a section describing processes for sanctions and protective orders (Sec. 751.106), reflecting OPM's view that MSPB procedures were inadequate to protect Federal employees from threats and harassment and proposing stronger protective mechanisms in OPM's process.
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