On May 13, the Partnership for Public Service hosted a FedSupport webinar featuring two former Merit Systems Protection Board leaders to help federal employees understand the current role of the MSPB and to better understand how to navigate the appeals process.
Attendees submitted significantly more questions than we could address during our webinar. To address them, we sat down with Ray Limon, former vice chairman of the MSPB and founder of Merit Service Advocates.
This first installment of our series on the MSPB delves into the current state of the agency and breaks down what federal employees need to know about processing timelines, board authority and institutional independence.
How is the MSPB addressing the growing backlog of appeals, and what timelines should employees realistically expect for case resolution?
The MSPB is operating under historically unprecedented caseload pressure. In fiscal year 2025, the board received 20,335 appeals—about four times the normal annual volume—driven primarily by probationary terminations and reductions in force across federal agencies.
At the regional and field office level, the board’s target is 120 days from filing to decision. In fiscal year 2025, nearly half of appellants waited more than four months for an initial decision.
In many cases, employees should plan for initial decisions to take six months to a year or more and for full board review decisions to take additional time beyond that. Early filing, thorough preparation and working with experienced federal employment counsel, remain the best ways to position a case for efficient resolution.
If part of a large-scale reduction-in-force action, consider joining a consolidated appeal with similarly situated appellants—although if your facts diverge significantly (for example, different affirmative defenses), your case may not be eligible for consolidation.
What can federal employees do if their case has been delayed for an extended period with little or no communication from the MSPB?
Unfortunately, delay is common in the current environment, but appellants are not without options:
- Monitor your case status through MSPB’s e-appeal online portal, which provides real-time updates.
- Contact the administrative judge or regional office to request an update on proceedings. If a case suspension has lapsed without renewed activity, file a motion requesting the case be returned to the active docket, citing the original suspension order and the elapsed time.
- In extreme cases—where significant due process harm can be shown—federal courts retain jurisdiction to issue writs of mandamus to compel MSPB action, although this remedy is rarely granted.
Document all delays carefully—filing dates, deadlines met, motions filed, and any communications received from the board or sent by you as follow-up. This record supports both procedural motions and any subsequent appellate review.
What types of personnel actions fall within the MSPB’s jurisdiction, and when might an employee need to pursue a different legal avenue?
The MSPB has jurisdiction over a defined set of federal personnel actions. The most common include:
- Adverse actions, including removals, suspensions of more than 14 days, reductions in grade or pay, and furloughs of 30 days or fewer. Employees are typically required to have at least one year of current continuous service in the competitive service for these conditions to apply (Chapter 75).
- Reduction-in-force separations, demotions or furloughs of more than 30 days (5 CFR Part 351) are currently appealable to MSPB, although a proposed rule change would redirect these to the Office of Personnel Management.
- Performance-based removals or grade reductions (Chapter 43)
- Whistleblower retaliation: individual-right-of-action appeals after an Office of Special Counsel investigation or declination (5 U.S.C. § 1221)
- Prohibited personnel practice referrals by the Office of Special Counsel (5 U.S.C. § 2302)
- Mixed cases: adverse actions that also involve discrimination claims based on a protected characteristic
If you are unsure whether MSPB is the right forum, consult an attorney with experience in handling federal employment issues before filing. Choosing the wrong forum—particularly in mixed cases or union bargaining unit matters —can permanently foreclose other options.
How does the MSPB maintain its independence, and what should employees know about the current state of that independence?
Congress designed the MSPB to be independent. Board members serve staggered seven-year terms and historically may only be removed by the president for inefficiency, neglect of duty or malfeasance of office. Administrative judges are career civil servants who operate independently in managing their dockets and issuing initial decisions (5 U.S.C. § 1202).
However on June 29, 2026, the Supreme Court ruled in Trump v. Slaughter that presidents have the power to fire the heads of independent agencies for any reason or for no reason at all, overturning nearly a century of precedent.
Operationally, the board is primarily an adjudicatory body—meaning that it mostly decides individual employee appeals and does not set policy. That adjudicatory character is at the center of an ongoing legal fight.
Given the current uncertainty regarding MSPB’s future independence, employees should develop a strong record at the administrative judge level, since that record sets the basis for all higher review—including bypassing an appeal to the full board (i.e., a Petition for Review) or an appeal directly to the Federal Circuit, if needed.
This blog post is part of our FedSupport series, bringing you tailored information from experts on an array of topics affecting federal employees—from policy analysis to career and benefits support.
Please note: This content offers general informational and educational purposes only and does not constitute legal advice. This transcript was lightly edited for clarity.
Webinar recording
