Probation/Trial Period Appeals
Overview
Effective September 2, 2026, OPM serves as the adjudicative agency for probationary and trial period appeals. Filing an appeal with OPM does not affect any claim within the independent jurisdiction of the Equal Employment Opportunity Commission, the Merit Systems Protection Board, the Office of Special Counsel, the Department of Labor Veterans' Employment and Training Service, or an agency Inspector General. Under 5 C.F.R. pt. 751, appeals may be filed when an employee believes the action was discriminatory based on partisan political reasons or marital status, or when the agency failed to follow required procedures in terminating an employee based on conditions arising before appointment.
OPM cannot review whether the agency's underlying assessment of your performance or conduct was correct. Only discrimination based on partisan political reasons or marital status may be appealed to OPM. Claims of discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information are not appealable to OPM; those claims are filed with the Equal Employment Opportunity Commission.
The appellant must show timeliness, jurisdiction, and the merits by a preponderance of the evidence. The appellant or the agency may request reconsideration within 30 calendar days of OPM's initial decision.
Who May Appeal
The four categories of covered employees in 5 C.F.R. § 751.101(f) are:
- Employees in the competitive service who have not completed one year of current continuous service under other than a temporary appointment limited to one year or less;
- Employees in the competitive service serving a probationary period on an initial appointment to a supervisory or managerial position;
- Employees in the competitive service under an emergency-indefinite appointment in a national emergency serving a probationary period and who are in the first year of service; and
- Employees in the excepted service appointed through the Veterans' Recruitment Appointment (VRA) under 5 C.F.R. pt. 307.
Excepted-service employees appointed outside 5 C.F.R. pt. 307 are not covered and may not appeal a trial period termination.
Separately, an employee who has already completed one year of current continuous service under other than a temporary appointment limited to one year or less has no appeal right under 5 C.F.R. pt. 751; such employees may have rights under 5 C.F.R. pts. 432 or 752.
Filing Instructions
File your appeal using OPM's eFile system
OPM requires electronic filing. Group mailbox and physical mail are available only by approved exception.
Access OPM eFile
You or your designated representative should submit your signed and dated appeal using one of the following submission options:
OPM eFile System
- All parties and their representatives must register using a unique email address at https://opmefile.opm.gov.
- Registration as an eFile account owner constitutes consent to accept electronic service of all documents, records, notices, and decisions filed by the agency, claimant, or issued by OPM.
- Access to documents is limited to the parties and their representatives who are registered eFile account owners in the cases in which they were filed.
- Documents filed in OPM's electronic filing system are deemed received on the date of the electronic submission.
- All parties and their representatives must follow the instructions on OPM's website for submitting all claims, evidence, and other documents.
Exception: Group Mailbox
OPM will not accept an appeal by email without an approved exception. If you cannot use the eFile system, you must request an exception before you file. Email Adjudications@opm.gov with your justification. An exception must be approved before you file, and requesting one does not extend your filing deadline.
Exception: Physical Mail
Absent an approved exception, OPM no longer accepts postal filing. Email Adjudications@opm.gov to request an exception. If an exception is granted, OPM will provide mailing instructions at that time.
Deadline to File
The deadline to file is 30 calendar days from the effective date of the covered action. An appeal is timely if it is electronically filed by 11:59 p.m. Eastern Time on the 30th calendar day after the effective date. Please note:
- The first day counted is the day after the effective date; and
- If the last day is a Saturday, Sunday, or Federal holiday, the deadline is the next workday.
Appeals filed late are dismissed unless good cause is shown.