5 C.F.R. § 772.102

Interim personnel actions

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When an employee or applicant for employment appeals an action to MSPB and the appeal results in an initial decision by an MSPB administrative judge granting interim relief under 5 U.S.C. 7701(b)(2)(A) and a petition for review of the initial decision is filed (or will be filed) with the full Board under 5 U.S.C. 7701(e)(1)(A), the agency shall provide the relief ordered in the initial decision by taking an interim personnel action subject to the following terms:

(a) Interim personnel actions shall be made effective upon the date of issuance of the initial decision and must be initiated on or before the date of a petition for review by the agency or within a reasonable period after the date it becomes aware of a petition for review by the appellant;

(b) The relief provided by interim personnel actions shall end:

(1) When the full Board issues a final decision on a petition for review filed by an applicant for employment, employee, and/or agency under 5 U.S.C. 7701(e)(1)(A),

(2) When the initial decision becomes final pursuant to an action of the full Board or pursuant to a decision by an applicant for employment, employee, and/or agency to withdraw (or change intentions to file) any petition for review filed under 5 U.S.C. 7701(e)(1)(A), or

(3) When the applicant for employment or employee requests or reaches agreement with the agency that the interim relief ordered in the initial decision be cancelled;

(c) Interim relief shall entitle the applicant for employment or employee to the same compensation and benefits he or she would receive if the relief effected had not been on an interim basis except as provided in paragraph (f) of this section;

(d) An interim personnel action shall not be taken if the MSPB administrative judge, pursuant to 5 U.S.C. 7701(b)(2)(A)(i), determines that granting interim relief is not appropriate;

(e) An interim personnel action under this part shall not entitle the applicant for employment or employee to an award of back pay or attorney fees.

[57 FR 3712, Jan. 31, 1992, as amended at 59 FR 36353, July 18, 1994; 59 FR 65704, Dec. 21, 1994]

Notes of Decisions

Cited in 6 cases (4 in the last 5 years), 2009–2026 · leading case: Berry v. United States, 86 Fed. Cl. 750 (Fed. Cl. 2009).

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Berry v. United States, 86 Fed. Cl. 750 (Fed. Cl. 2009). “for periods of annual, sick, and other leave with pay; advanced annual and sick leave; service under a temporary or term appointment; and service under an interim appointment made under [ 5 C.F.R. § 772.102 ].” Id. (emphasis added).”

Jackler & Jaroch Consolidation v. Dep't of Just., 2026 MSPB 3 (MSPB 2026). “§ 7701 (b)(2)(C) 18 (providing interim relief does not require payment of back pay prior to issuance of a final decision); 5 C.F.R. § 772.102 . The agency has not argued that the interim relief awards here were improper for any reason other than that the agency disagreed with…”

Lisa M. Ballard-Collins v. Dep't of the Army (MSPB 2016). “325 , 335 (1993) (finding that an agency complied with an interim relief order where it provided an appellant with an interim appointment restoring him to his former position); see also 5 C.F.R. § 772.102 (a) (providing that interim personnel actions shall be made effective upon…”

Cheryl Love v. United States Postal Serv. (MSPB 2023). “PFR File, Tab 9 at 4, 7; see 5 C.F.R. § 772.102 (a) (stating that interim personnel actions shall be made effective upon the date of issuance of the initial decision).”

Daniel Lastra v. Dep't of Com. (MSPB 2024). “See 5 C.F.R. § 772.102 (b)(3). Although the Board is not required to defer to OPM’s regulations concerning interim relief, see, e.”

Nathaniel Gibby v. Dep't of the Air Force (MSPB 2024). “PFR File, Tab 1, at 11 (Standard Form 50 (SF-50) citing 5 C.F.R. § 772.102 (A) as authority for reinstatement).”

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