Do Federal Workers Have MSPB Rights During A Layoff As A Result Of A Government Shutdown?

Are you an existing federal employee with a pending Merit Systems Protection Board (MSPB) appeal, or a federal employee looking to file a new appeal as a result of implications regarding the current partial government shutdown?

In either case, while MSPB appeals allow federal employees to challenge adverse personnel actions, such as removals, demotions, or suspensions over 14 days, the MSPB is not operational during this government shutdown.

However, this does not mean that federal employees are out of luck. It is important to remember that as a federal employee, you retain your MSPB rights during a government shutdown.

Government Shutdown

As federal employees are aware, a federal continuing resolution by Congress to keep the government open has not, to date, been passed. Therefore, due to the current partial shutdown of the federal government that was effective at midnight, Tuesday, Sept. 30, 2025, the MSPB also temporarily ceased all operations. This means that the processing of all appeals and other pleadings is suspended, regardless of whether any matters are pending in a regional or field office, before the full Board in Washington, D.C., or before an administrative law judge, according to the MSPB. Further, most personnel are not available in any MSPB office to answer inquiries during the entirety of a shutdown, and MSPB's e-Appeal system also is not available for the duration of the shutdown, however it will be reactivated once MSPB reopens.

In addition, in a prior memo to federal agencies on Sept. 24, 2025, the White House Office of Management and Budget (OMB) directed federal agencies to prepare reduction in force (RIF) plans in case of a government shutdown — specifically targeting federal employees who work for programs considered “not legally required” to continue in the event of a partial government shutdown.

The email memo stated that in the event of an Oct. 1 shutdown, programs that did not benefit from an infusion of mandatory appropriations “will bear the brunt of a shutdown,” but if Congress successfully passed a “clean” continuing resolution prior to Sept. 30, “the additional steps outlined in this email will not be necessary.”

That memo has since left many federal employees pondering their rights to appeal any prior or recent actions against them to the MSPB.

Federal Employees With Existing MSPB Claims

What to know: For federal employees with existing claims currently with the MSPB, the agency has stated that all filing and processing deadlines will be extended by the number of calendar days the MSPB is shut down. This extension applies to all deadlines before the MSPB, including those at the initial appeal and petition for review levels. Because the extension is automatic, parties are not required to show good cause and should not request an extension. It should be noted, however, that this automatic extension does not apply to any deadlines that passed before the date of the shutdown.

Further, all hearings or other matters scheduled with an administrative judge or administrative law judge during the shutdown will be canceled and rescheduled, as necessary, once MSPB reopens.

Federal Employees With New MSPB Claims

What to know: Federal employees who have received a termination or adverse action notice should consult with a federal employment attorney to identify applicable federal deadlines, including, but not limited to, the MSPB appeals window.

Despite the MSPB's current closure, it is advisable to consider filing your appeal as soon as possible via certified mail and overnight delivery to the MSPB's physical address, which may still be time-stamped, eliminating any potential future disputes regarding your timeliness.

In addition, it is important for federal employees to protect their parallel rights. Even if federal employees plan to file an MSPB appeal later, it is important to ensure they preserve their Equal Employment Opportunity Commission (EEOC) claim options, or other claims by meeting other separate deadlines. The EEOC is also closed during the shutdown, and any EEOC mediations, hearings, or other proceedings that are scheduled to occur during the shutdown will be cancelled and rescheduled.

Consult a Federal Employment Attorney

With continuous changes in the workforce looming over federal employees even prior to the partial government shutdown, as of July 2025, the MSPB had already seen an influx of appeals filed by federal workers since President Donald Trump took office. Under the Trump administration, the MSPB has seen an average of 468 appeals filed weekly, compared to an average of 96 appeals filed weekly towards the end of 2024; and in 2025, the MSPB has seen about 12,000 appeals filed, nearly double the 5,677 filed in 2024.

Further, due to the mass influx in appeals under the Trump Administration, MSPB administrative judges are struggling to keep up with crushing caseloads in an agency with low staffing. The MSPB has seen a steady decrease in staffing levels since 2018. MSPB staffed 214 full-time employees in 2018; in June 2025, that number was down to 174.

Just remember that, despite the government shutdown, changes in the workforce and the influx of appeals to the MSPB, as a federal employee, you maintain your MSPB rights during any government shutdown. But act soon.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.