Is One Business Day a “Reasonable Time to Answer”? Inside the Proposed OPM–MSPB Rule
adverse actions discipline & adverse actions douglas factors due process mspb Jul 24, 2026
A proposed federal rule could give you as little as one business day to answer a proposed suspension—and if you are a federal employee, that is worth understanding now, while it is still just a proposal you can weigh in on.
What the Proposed Rule Would Do
On July 2, 2026, the Office of Personnel Management (OPM) and the Merit Systems Protection Board (MSPB) published a joint proposed rule titled “Promoting Employee Accountability” (91 Fed. Reg. 40444). Among other changes, the proposal sets the window for answering certain short suspensions at, in its own words, “not less than one business day but no more than five business days.” In other words, one business day would become the floor. For proposed removals, the reply period would drop to roughly 7 to 10 calendar days.
Why One Business Day Is a Problem
The statute governing these actions still promises employees a “reasonable time” to answer—see 5 U.S.C. § 7503(b) for short suspensions and 5 U.S.C. § 7513(b) for removals and longer suspensions. Whether a single business day can ever be “reasonable” for someone who may not be able to reach a doctor, secure a union representative, or retain counsel over a weekend is exactly the kind of question a reviewing judge tends to scrutinize. Building a written defense, gathering medical documentation, and getting a representative designated in writing is rarely a one-day project.
The Douglas Factors Would Be Retired
The same proposal would also retire the Douglas factors. For more than forty years, those twelve factors—rooted in Douglas v. Veterans Administration, 5 M.S.P.R. 280 (1981)—have required an agency to justify why a particular penalty fits the misconduct. The proposal would replace that structured analysis with a “totality of the circumstances” standard, evaluated case by case, with no fixed set of factors that must be weighed every time.
It Is Still Just a Proposal, and the Comment Period Is Open
Because this is a proposed rule, it is not yet in effect, and the public comment period matters. Comments are open through Monday, August 3, 2026. A specific, well-documented comment—describing what one business day actually looks like in a real office, with real people in it—is a concrete way to be heard before the rule is finalized.
What This Means for You Right Now
Today, your existing reply deadlines and appeal rights remain in place; this rule is not yet law. But if you are facing a proposed suspension or removal, your time is already short and could get shorter. Move quickly: preserve your documents, identify a representative, and get advice early rather than late.
If you are navigating a proposed disciplinary action and want to understand your options, the federal employee lawyers at Southworth PC can help.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.
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