Reduction in Force Appeals

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Office of Personnel Management 5 CFR Part 351 [Docket ID: OPM-2025-0239] RIN 3206-AO99 ( printed page 49230) AGENCY: Office of Personnel Management. ACTION: Final rule. SUMMARY: The Office of Personnel Management (OPM) is issuing final regulations to revise how an employee may appeal a furlough of more than 30 days, separation, or demotion by a reduction-in-force (RIF) action. OPM will replace the Merit Systems Protection Board (MSPB) as the adjudicative agency for such appeals. The rule establishes a uniform, record-based OPM appeal process; clarifies the appellant's burden; requires production of the complete agency record; preserves collateral statutory remedies; and applies prospectively to improve timeliness, consistency, and cost-effectiveness while maintaining administrative review. DATES: Effective September 2, 2026. This final rule applies only to a RIF action for which an agency issues the employee a specific RIF notice under 5 CFR 351.802 on or after September 2, 2026. FOR FURTHER INFORMATION CONTACT: Aaron Gottesman, Senior Advisor to the Director, by email at employeeaccountability@opm.gov or by phone at (202) 606-7400. SUPPLEMENTARY INFORMATION: OPM is issuing this final rule to modernize the administrative process for appeals by employees who are furloughed for more than 30 days, separated, or demoted by a reduction-in-force action under 5 CFR part 351 . Congress charged OPM with prescribing regulations governing the release of competing employees in a RIF, and…