Initial Appeal

Within 30 days of removal or suspension of 15 days or more, a federal employee must file an appeal to Merit Systems Protection Board (MSPB.gov).

As affirmative deferse, Appellant can raise discrimination and whistleblower retaliation claim. If discrimination claim is raised, it is called “mixed case” appeal.

Federal employees who are granted OWCP benefits, including US Postal Service employees, can assert the right of restoration to light duty work.

Federal employees who had filed a whistleblower complaint with Office of Special Council (OSC.gov) can only file MSPB appeal 120 days after the complaint filing. This MSPB appeal is called Independent Right of Action (IRA) appeal.

IRA appeals includes all retaliatory personnel actions and “terms and conditions” of employment, except for removal, suspension of 15 days or more, layoff, and demotion.

Hearing

MSPB hearings are open to public.

Initial Decision

Sometime after hearing, MSPB Administrative Judge (AJ) issues Initial Decision, which in 30 days can become Final (MSPB) Decision.

Initial Decision will not become Final Decision if either party files Petition for Review (PFR).

PFR

To be continued…..