Effective September 2, 2026, OPM revised its regulations contained in 5 C.F.R. pt. 351 to transfer reduction in force (RIF) appeals from MSPB to OPM. The new procedures apply only to RIF actions for which the agency issued the specific RIF notice on or after September 2, 2026. See 5 C.F.R. pt. 351, subpt. I (§§ 351.901–.909).

Employees other than members of the Senior Executive Service may file when they assert the RIF action (i.e., a furlough of more than 30 calendar days or more than 22 workdays on a discontinuous basis, a separation, or a demotion due to a reduction in force) was conducted inconsistently with either statute or OPM regulations such that the employee would not have suffered the same or another reduction-in-force action.

Employees may file when they assert that the agency failed to comply with an applicable statute or OPM regulation in carrying out the RIF, and that the failure caused the action taken against them or caused them to receive a materially less favorable outcome. Both must be shown; a procedural error that did not affect the outcome is not enough.

Either party may ask OPM to reconsider an initial decision within 30 calendar days after it is issued.

Who May Appeal

You may appeal if you are an employee, other than a member of the Senior Executive Service, who was separated, demoted, or furloughed for more than 30 calendar days (or more than 22 workdays on a discontinuous basis) by an action taken under 5 C.F.R. pt. 351. A furlough of 30 days or fewer is not a covered action, and disciplinary or performance-based actions are not RIF actions regardless of how the agency labels them.

A covered RIF action may not be grieved under a negotiated grievance procedure or taken to arbitration. An appeal to OPM is the exclusive administrative remedy. Filing with OPM does not preclude a matter within the independent jurisdiction of the EEOC, an agency Inspector General, MSPB, the Department of Labor Veterans' Employment and Training Service, or the Office of Special Counsel.

Deadline to File

You must file within 30 calendar days after the effective date of the RIF action, counting from the day after the effective date. If the 30th day falls on a weekend or a Federal holiday, the deadline extends to the next day. If you timely filed a related matter in another forum and the final decision in that matter materially affects your retention standing, order of release, or assignment rights, you have an additional 30 calendar days from the date of that final decision to file with OPM. OPM may waive the deadline only on a showing of good cause.

You or your designated representative should submit your signed and dated appeal through OPM eFile: