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Format and Means of Filing. An appeal must be in writing and contain all the information specified in the Board's regulations. See 5 C.F.R. §§ 1201.24 (most Board appeals); 1203.11 (request for regulation review); 1208.13 (Uniformed Services Employment and Reemployment Rights Act (USERRA)); 1208.23 Veterans Employment Opportunities Act (VEOA)); 1209.6 (individual right of action (IRA) appeal - whistleblowing).
You may use the Board's form (Form 185) to complete an appeal, but any written format is acceptable. Click the button on the left to download Form 185 in PDF, Word, or HTML (webpage). A paper appeal (either Form 185 or the appellant's letter or other written format) can be filed by regular mail, facsimile (fax), or commercial or personal delivery. e-Appeal. An appeal may be prepared and filed electronically using e-Appeal, the Board's Internet filing procedure. e-Appeal is an interactive application that follows an interview format, and includes Question and Answer and other Help links appropriate to each section of the interview. e-Appeal is the only means allowed for filing an appeal electronically. To create and file an appeal online, click the button on the left. |
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On-going Electronic Filing. A party or representative who wishes to engage in electronic filing on an ongoing basis may do so by registering as an e-filer at the Board's e-Appeal website. Those who register as e-filers can file pleadings and receive Board documents and pleadings from other e-filers in electronic form. For more information on this option, click the button on the left. | ||
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Where to File. You must file an appeal with the Board's regional or field office serving the area where your duty station was located when the action was taken, or, if the appeal relates to a final decision of the Office of Personnel Management regarding retirement benefits, or an adverse suitability determination, with the regional or field office that has jurisdiction over the area where you live. Click the button on the left for a list of Board regional and field offices and the areas they cover. | ||
When to File. Usually, an appeal must be filed within 30 calendar days of the effective date of the action, if any, or within 30 calendar days after the date of receipt of the agency's decision, whichever is later. However, when an appellant and agency mutually agree in writing to attempt to resolve their dispute through an alternative dispute resolution process prior to the timely filing of an appeal, the time limit for filing the appeal is extended by 30 days--for a total of 60 days. See 5 C.F.R. § 1201.22(b)(1).
Whistleblower appeals. If you are filing a whistleblower appeal after first filing a complaint with the Office of Special Counsel (OSC), your appeal must be filed within 65 days of the date of the OSC notice advising you that the Special Counsel will not seek corrective action or, within 60 days after the date you receive the OSC notice, whichever is later (see 5 C.F.R. 1209.5). USERRA appeals have no time limit for filing (see 5 CFR 1208.12). VEOA appeals. You must first file a complaint with the Secretary of Labor and allow the Secretary at least 60 days to try to resolve the matter. On the 61st day, you may file an appeal with the Board. However, once you receive notice that the Secretary has been unable to resolve the matter (see 5 C.F.R. 1208.22) you have 15 days in which to file your appeal with the Board. |
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| Date of Filing. The date of filing for a paper appeal is the date your appeal is postmarked, the date of the facsimile transmission, the date it is delivered to a commercial delivery service, or the date of receipt if you personally deliver it to the regional or field office.
If you file an appeal or other pleading online using e-Appeal, the filing date is the date that you electronically submit the document to the Board. |
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Designation of Representative. An appellant may choose any person, who is willing and available to serve, as his or her representative before the Board, or may choose to represent him or her self. Any designation of a representative must be in writing and copies of the designation must be served on all parties to the appeal. If you register as an e-filer, you can file a Designation of Representative online at the Board's e-Appeal website. |
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Filing a Petition for Review. A petition for review of an initial decision may be in any form, but must state objections to the initial decision that are supported by references to applicable laws or regulations and by specific references to the record. Although no particular format is required for a petition for review, you may use the Board's form by clicking the button on the left.
For more information, see 5 CFR §§ 1201.114 and 1201.115. You may file a petition for review in electronic form if you have registered as an e-filer in accordance with 5 C.F.R. º 1201.14. |
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Questions & Answers About Appeals Questions & Answers About Whistleblower Appeals Free video! Introduction to Federal Employee Appeals with the U.S. Merit Systems Protection Board. |
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