09/03/2026
9.3.26 Scenario: you won before an MSPB Administrative Judge, the agency petitioned for review, and months later you're home and unpaid. The Board's September 1 data show why the wait is long — 789 petitions pending, 249 "awaiting Board action", and two of three Board seats filled. But 5 U.S.C. § 7701(b)(2) says a prevailing appellant gets the ordered relief while the petition is pending, and if the agency finds your return "unduly disruptive" it must still pay you and continue your benefits. General information, not legal advice. Is the agency in your scenario complying? EEO counselors and union reps: bring your read to the comments.