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OPM’s Proposal to Judge Probationary Appeals Itself

federal employment mindfulness at work mspb appeals opm rulemaking probationary employees Jan 09, 2026

For many federal employees, the probationary period already feels precarious. Limited appeal rights. High discretion. Quiet pressure to “keep your head down.” A newly proposed rule from the Office of Personnel Management (OPM) would make that imbalance far worse—and its implications reach well beyond probationary employees.

Under the proposal, OPM would remove most probationary appeals from the Merit Systems Protection Board (MSPB) and instead decide them internally. In plain terms: the same agency that writes the rules, administers the system, and advises agencies would also judge whether those agencies followed the law. That consolidation of power should concern every career federal employee.

What the Proposed Rule Would Change

Currently, probationary employees already face narrow appeal rights at the MSPB, but those rights at least come with an independent decision-maker. OPM’s proposal would replace that safeguard with an internal review process run by OPM itself.

Appeals would be limited to a few narrow grounds, such as partisan political reasons or marital status discrimination. The process would largely be paper-only. No guaranteed discovery. No hearings. No ability to compel documents or testimony unless OPM decides additional information is needed.

For employees who have lived through probation, this raises an obvious question: how does someone prove retaliation, whistleblower reprisal, or abusive supervision without access to evidence?

Why This Matters Beyond Probation

Probationary employees are often treated as a testing ground for broader policy shifts. Weakening procedural protections here sets a precedent. If neutral review is deemed unnecessary for one group of employees, it becomes easier to argue it is unnecessary for others later.

Independent adjudication is not a technical luxury. It is a structural protection designed to prevent agencies from becoming judge and jury in disputes involving their own conduct. Removing the MSPB from the process erodes that separation—and with it, trust in the fairness of the civil service system.

The Role of Public Comment—Right Now

This rule is not final. It is a proposal, which means federal employees still have a meaningful opportunity to influence the outcome through public comment.

Agencies are required to review and respond to substantive comments. When real employees explain how probation works in practice—how it can be used to silence concerns, punish dissent, or quietly remove people who raise uncomfortable issues—it becomes far harder for OPM to dismiss the proposal as mere “streamlining.”

Effective comments do not need legal jargon. Clear, professional explanations of lived experience matter. Describing why neutral decision-makers, discovery, and real procedures are essential when careers are on the line adds weight to the official record.

A Grounding Perspective

From a mindfulness standpoint, moments like this often trigger urgency and fear—and rightly so. But influence is strongest when concern is paired with clarity. A thoughtful public comment is a concrete action that channels anxiety into impact, while reinforcing the shared values of fairness and accountability that underpin federal service.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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