Full Breakdown
OPM to Assume Federal Employee Appeals
8/7/2026, 10:59:33 PM
Changes to the Appeals Process
Under OPM’s new guidance, employees filing appeals will generally lose the “categorical right” to a hearing or formal investigation. Most cases will be decided solely on the written record, although OPM may convene a hearing or investigation “only when necessary and efficient.” The agency also introduced a limited “director review” that allows the OPM director to reopen decisions for clear legal error, factual mistakes, or matters of exceptional importance before a decision becomes final.
Official Guidance and Procedural Timeline
OPM’s guidance outlines a step-by-step timeline: appellants have 30 days to submit an appeal after an agency action; agencies then have 30 days to respond with the rationale and relevant records; the employee may reply within 15 days, adding any new allegations. After review, OPM issues an initial decision, after which either party can request reconsideration within 30 days. Appeals already pending or filed before the September transition will continue to be handled by the MSPB, and OPM states that no existing cases will be reopened or nullified.
Concerns from Unions and Experts
The National Treasury Employees Union and other federal-employee groups argue that moving appeals to OPM eliminates an impartial adjudicative body, risking “rubber-stamping” outcomes. Workforce experts note that OPM’s Merit System Accountability and Compliance (MSAC) office lacks experience with firing-related cases and question the agency’s capacity to absorb the additional workload.
Staffing and Implementation Challenges
A Government Accountability Office report highlighted a 35 % staffing decline at OPM overall and a 41 % drop in MSAC personnel between fiscal 2024 and fiscal 2026. More than half of departing staff had at least a decade of experience. To address these gaps, OPM plans to deploy artificial-intelligence tools and modernize IT systems, as outlined in its 2027 congressional budget justification. The agency asserts that it has assessed expected case volumes and determined that its Suitability Executive Agent (SuitEA) and MSAC units can administer the new appeals functions from day one.
