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Understanding the Merit Systems Protection Board appeal process for federal employees

The Partnership for Public Service’s FedSupport Webinars featured a session demystifying the role of the Merit Systems Protection Board and the appeal process for federal employees.  

Partnership Vice President of Government Affairs Jenny Mattingley led the discussion with Ray Limon, a former MSPB board member. They tackled some of the most pressing questions from federal employees navigating current civil service disruptions. 

What is the Merit Systems Protection Board? 

The MSPB is an independent federal agency that hears appeals from federal employees regarding adverse actions including removals, suspensions, demotions and whistleblower claims.  

Outside of the appeals process, the MSPB conducts and compiles research on the federal merit system.  

The MSPB only hears and decides cases regarding an adverse action.  

• The Equal Employment Opportunity Commission hears discrimination complaints.  

• The Federal Labor Relations Authority handles unfair labor practices.  

• The Office of Special Counsel investigates prohibited personnel practices.  

Who can appeal to the Merit Systems Protection Board? 

Most General Schedule employees can appeal to the MSPB, but probationary employees have limited appeal rights. Senior Executive Service members often cannot appeal to the MSPB.  

Consult your SF-50 to find your employee status and confirm your eligibility to appeal. 

If you are a member of a bargaining unit, the appeals process may be different. Check Box 37 of your SF-50 to confirm your collective bargaining status. 

If your position is not covered by a bargaining agreement, the code is “8888” and if your position is eligible and no unit exists, the code is “7777.” 

How do I file an appeal?  

To file a MSPB appeal, visit the e-Appeal website, which will guide you through the process. If you do not want to file online, you may download the appeal form and file through mail, fax or personal delivery.  

The required documents for most appeals are the notice of the proposed action, the agency decision to take the action and the SF-50, if available. Later in the appeals process, you will have opportunities to provide additional information.  

Most appeals must be filed within 30 days of the adverse action or the date the notice was received, whichever is later. If you have passed the 30-day deadline, you can still make a claim but must have good cause for the delay. 

What does the rest of the appeal process look like?  

After the appeal is filed, your case will be assigned an administrative judge. The administrative judge will submit an acknowledgement order to both you and the agency.  

The acknowledgement order will confirm or deny if your case continues with the MSPB and may ask for additional information to be provided. 

Later in the process, there may be a hearing for your appeal, either in-person or virtually. The hearing ensures the administrative judge has the necessary information to make an initial decision.  

You should expect an initial decision from the MSPB within 120 days of filing.  

Can I appeal beyond the Merit Systems Protection Board? 

If you have received your initial decision from the MSPB and wish to continue the appeal process, there are other avenues available. You may file a petition for review to the three-member MSPB board or U.S. Federal Circuit Court of Appeals. 

Appeals beyond the initial decision are likely to rely on reviewing written records from earlier proceedings rather than hearing new testimony.

How do settlements and class actions work? 

About half of MSPB disputes that are not dismissed are settled. If a settlement is not brought up, but you wish to pursue this option, contact the agency’s representative for your case to discuss settlement options.  

Class actions require upfront participation and generally prevent individuals from filing their own separate lawsuits for the same issue.

Where should I look for further help? 

While legal representation is not required for the appeals process, many find it helpful when navigating complex cases. Organizations like Civil Service Strong offer further support and resources for filing claims. 

To learn more about the Merit Systems Protection Board and hear directly from a former MSPB board member, watch the full webinar featured on our FedSupport Hub. 

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