Stays of Personnel Actions

Stays of Personnel Actions

The Personnel Appeals Board General Counsel (PAB/GC) may seek a stay of a personnel action for Charges that allege prohibited personnel practices.  Specifically, prior to the effective date of a proposed personnel action, the PAB/GC may request that the Personnel Appeals Board (PAB) issue an initial temporary stay of the personnel action if the PAB/GC believes the personnel action arises out of a prohibited personnel practice.  This initial temporary stay request is ex parte, which means that the PAB Office of General Counsel (PAB/OGC) is the only side that presents information to the PAB related to the stay.  If the initial temporary stay is granted, it is for a period not to exceed 30 calendar days. 

After an initial temporary stay is granted, the PAB/GC may also request: (1) additional temporary stays, for the purpose of allowing more time to pursue its investigation, and/or (2) a permanent stay for the purpose of staying the proposed personnel action until a final decision is issued.  GAO will be given the opportunity to oppose any request for a further temporary or permanent stay.

There are stringent timelines that apply to the PAB/GC seeking a stay of a proposed personnel action.  Therefore, if you want the PAB/GC to consider seeking a stay, please contact the PAB/OGC to discuss your circumstances as soon as you become aware of the proposed personnel action.  You can reach the PAB/OGC by clicking on the “Contact Us” tab on the PAB’s website.

Additional information regarding stay proceedings before the PAB can be found at 4 C.F.R. § 28.133.