OPM Streamlines Probation Firings: No More MSPB Drama?
Published Date: 8/3/2026
Rule
Summary
The Office of Personnel Management (OPM) is issuing a final rule to change the circumstances and procedures for adjudicating appeals from employees terminated during their probationary and trial periods and supervisors and managers who fail to complete their probationary periods. Executive order, "Strengthening Probationary Periods in the Federal Service," rendered the prior procedures for appealing such actions to the Merit Systems Protection Board (MSPB) inoperative. This final rule establishes a new, limited appeals process adjudicated by OPM. The final rule also makes conforming amendments.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
OPM Creates New Probationary Appeal Forum
OPM establishes a new, limited appeals process for employees terminated during probationary or trial periods and for supervisors/managers who fail to complete their probationary periods. OPM will adjudicate these appeals (instead of the Merit Systems Protection Board) and issue written, publicly available decisions in these matters.
Appeals Limited To Specific Legal Grounds
Under the new rule you can only appeal a probationary or trial-period termination to OPM if the appeal alleges discrimination based on partisan political reasons, marital status, or an agency's failure to follow procedures for terminations based on pre-appointment reasons. You may not attach Equal Employment Opportunity Commission (EEOC) unlawful discrimination claims to an OPM appeal; those claims must be pursued separately at the EEOC.
Which Employees Are Covered or Excluded
The rule covers probationary employees in the competitive service and a relatively small number of employees serving trial periods under 5 CFR part 307. Excepted service employees serving trial periods outside 5 CFR part 307 do not have appeal rights under this rule unless another statute, regulation, or legal authority provides such rights.
Rule Applies Only To Actions On/After Sept 2, 2026
The new appeals process is effective September 2, 2026; terminations, assignments, noncertifications, or failures to certify/finalize that took effect before that date are not governed by this rule. If your action occurred before September 2, 2026, this rule does not create an appeal for you.
OPM Will Publish Final Merits Decisions
OPM will issue written decisions and maintain a publicly accessible website containing final merits decisions issued under part 751 that address a party's claim on the merits, subject to legal limits on privacy and sensitive information. This is intended to promote transparency and consistency in how OPM applies the rule.
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