MSPB Hands Back Three Appeal Categories to OPM
Published Date: 8/12/2026
Rule
Summary
Starting September 2, 2026, the Merit Systems Protection Board (MSPB) will no longer handle appeals for probationary terminations, suitability, and reduction-in-force (RIF) cases because the Office of Personnel Management (OPM) took back that authority. But don’t worry—MSPB will still manage Foreign Service RIF appeals and will keep working on cases filed before the change. This update mainly affects federal employees facing these specific appeals and won’t impact ongoing cases.
Analyzed Economic Effects
4 provisions identified: 1 benefits, 3 costs, 0 mixed.
Probationary termination appeals moved to OPM
Starting September 2, 2026, MSPB will no longer hear appeals by employees who are terminated during their probationary or trial period; those appeal rights were rescinded by OPM and will instead be handled by OPM. MSPB will continue to adjudicate probationary termination appeals that were filed before September 2, 2026 or that relate to actions effected before September 2, 2026.
Reduction-in-force (RIF) appeals reassigned to OPM
Effective September 2, 2026, OPM rescinded MSPB's appeal rights for most reduction-in-force (RIF) actions and gave RIF appeal rights to OPM instead. MSPB retains the ability to adjudicate RIF appeals for actions where the agency issued the employee's specific RIF notice before September 2, 2026.
Foreign Service RIF appeals remain with MSPB
MSPB will continue to have statutory jurisdiction over reduction-in-force actions affecting career or career candidate appointees in the Foreign Service under 22 U.S.C. 4010a, and that right is retained after September 2, 2026. The final rule redesignates the citation for this Foreign Service RIF appeal right to 22 U.S.C. 4010a.
Suitability action appeals reassigned to OPM
Beginning September 2, 2026, MSPB will no longer hear appeals arising from suitability actions (including cancellation of eligibility, removal, cancellation of reinstatement eligibility, and debarment); OPM's final rule gives OPM exclusive appeal rights for these suitability actions. MSPB will continue to adjudicate suitability appeals filed with MSPB before September 2, 2026.
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Key Dates
Department and Agencies
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