EEOC and OSC Deadlines Keep Running, Says Attorney Justin Schnitzer
Washington, D.C. - October 2, 2025 - As the Merit Systems Protection Board (MSPB) goes dark during the federal government shutdown, thousands of federal employees facing termination or discipline confront a confusing and potentially rights-threatening situation: which deadlines are paused, and which are still running?
Federal employment attorney [https://www.fedelaw.com/] Justin Schnitzer is warning employees that other employment-law clocks keep ticking regardless of whether the MSPB is open.
While the MSPB has suspended operations [https://www.mspb.gov/publicaffairs/press_releases/Shutdown_Press_Release_Oct12025.pdf] and extended its filing deadlines, critical timelines in other venues such as the Equal Employment Opportunity Commission (EEOC) remain in effect. Federal employees have a 45-day deadline to contact an EEO counselor for discrimination claims and a two-year statute of limitation under the Back Pay Act and Federal Tort Claims Act.
A Perfect Storm for Federal Employees
The timing of this shutdown compounds the risk. The MSPB has already received nearly 12,000 appeals in fiscal year 2025-a dramatic surge driven by proposed reductions in force (RIFs) across multiple agencies. When the Board reopens, even a brief shutdown will create a fresh backlog on top of an already strained system.
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