The federal government shut down at 12:01 AM on October 1, 2025. Due to the shutdown, many federal workers are wondering what will happen to their open cases during a shutdown. Many federal workers’ cases will be suspended during the shutdown and some (but not all) filing deadlines will be extended.
Merit Systems Protections Board (MSPB)
During a government shutdown, the MSPB will cease all operations. The Board will stop processing all appeals and other pleadings, regardless of whether those matters are pending before an administrative law judge (ALJ), a Regional or Field Office, or before the Full Board. Any MSPB hearings, status conferences, or other matters scheduled to occur during the shutdown will be canceled and rescheduled after the shutdown ends. Most notably, the MSPB’s filing system is closed during the shutdown and will not be reactivated until the MSPB opens—which means that federal workers cannot file new appeals or pleadings during the shutdown.
According to the MSPB, “all filing and processing deadlines will be extended by the number of calendar days MSPB is shut down.” That extension applies to “all deadlines” before the MSPB, including your deadline to file an initial appeal. These extensions are granted automatically, so parties do not need to request an extension. However, the deadline will not apply to any deadlines that passed before the shutdown on October 1, 2025.
Agency EEO Investigations
Generally speaking, Agency offices investigating discrimination claims will suspend all operations during the course of a shutdown, and all statutory and regulatory timeframes governing EEO Complaints (such as investigation periods and counseling deadlines) will be tolled. However, there may be some exceptions to this general rule, especially for agencies that have independent funding that allows them to continue operations. Workers with open EEO cases will typically receive a notice explaining how the shutdown will affect their cases. If you have an open EEO case, consult any notices received and an attorney about how the shutdown may affect your deadlines.
If a federal worker is facing a deadline to initiate EEO counseling or file a formal complaint with the agency, we recommend that, out of an abundance of caution, that the employee do so by emailing the relevant agency contact even during the shutdown. However, it is likely that these deadlines will be deemed tolled.
Equal Employment Opportunity Commission (EEOC)
The EEOC will close during the shutdown and most services will cease. Any EEOC mediations, hearings, or other proceedings that are scheduled to occur during the shutdown will be cancelled and rescheduled.
(For private sector employees, certain deadlines to file an EEOC case will remain in place. Consult the EEOC’s website for more information.)
Federal Courts
For now, federal courts are still operating and deadlines generally remain in place. However, if an employee is involved in litigation against the U.S. government, it is likely that the Government will request and receive an extension of all deadlines due to the shutdown.
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If you have questions about your deadline to file, or about how the shutdown affects your deadlines, we encourage you to consult an attorney.
Sejal Singh, Attorney at James & Hoffman