5 CFR 1201.154 - Time for filing MSPB appeal
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§ 1201.154 Time for filing appeal.

For purposes of this section, the date an appellant receives the agency's decision is
determined according to the standard set forth at 1201.22(b)(3) of this part.
Appellants who file appeals raising issues of prohibited discrimination in connection
with a matter otherwise appealable to the Board must comply with the following time
limits:

( a) Where the appellant has been subject to an action appealable to the Board, he or
she may either file a timely complaint of discrimination with the agency or file an appeal
with the Board no later than 30 days after the effective date, if any, of the action being
appealed, or 30 days after the date of the appellant's receipt of the agency's decision on
the appealable action, whichever is later.

(b)         If the appellant has filed a timely formal complaint of discrimination with the
agency:

( 1 ) An appeal must be filed within 30 days after the appellant receives the agency
resolution or final decision on the discrimination issue; or

(2) If the agency has not resolved the matter or issued a final decision on the formal
complaint within 120 days, the appellant may appeal the matter directly to the Board at
any time after the expiration of 120 calendar days. Once the agency resolves the matter
or issues a final decision on the formal complaint, a_n appeal_must be filed within 30
days after the appellant receives the agency resolution or final decision on the
discrimination issue.

(c)        If the appellant files an appeal prematurely under this subpart, the judge will
dismiss the appeal  without prejudice to its later refiling under § 1201.22 of this part. If
holding the appeal for a short time would allow it  to  become timely, the judge may hold
the appeal rather than dismiss it.