What 130 Federal Job Postings Reveal About Schedule Policy/Career

Schedule Policy/Career tags are appearing on federal job postings well below the grade levels officials described, according to a review of more than 130 USAJOBS listings by the Partnership for Public Service.

What the Review Found

Schedule Policy/Career is the at-will job category formally implemented by executive order in June, when roughly 8,000 positions were moved out of the competitive service. The Partnership for Public Service examined more than 130 USAJOBS listings that mention the designation. At least a dozen of them — nearly 10 percent — sit at the GS-13 level or below, even though administration officials have said 97 percent of conversions involved GS-15s or senior leaders.

Some Transportation Security Administration screener listings also carried the Schedule Policy/Career tag despite not appearing in the executive order's appendix. TSA told Government Executive that those tags were an administrative error and would be corrected.

The Pipeline Is Visible in the Postings

The review also caught conversions in progress. International Development Finance Corporation postings state that the agency has submitted positions to OPM for conversion but has not yet received approval. The Energy Department flagged some jobs as "potentially meeting the requirements." Three U.S. Agency for Global Media positions are listed as "under review for inclusion." Reporting indicates a second round of conversions is being prepared.

Those phrases matter, because they describe a decision that is pending rather than final.

Why the Designation Changes Your Position

Under 5 U.S.C. § 7511(b)(2), an employee whose position has been determined by the President or OPM to be of a confidential, policy-determining, policy-making, or policy-advocating character, and excepted from the competitive service, is excluded from the adverse-action appeal rights in Chapter 75. That exclusion is the mechanism that makes a Schedule Policy/Career position effectively at-will: a removal, demotion, or suspension does not come with the Merit Systems Protection Board appeal that a competitive-service employee would have.

What Conversion Does Not Take Away

Discrimination and retaliation protections do not turn on appointment type. Under 29 C.F.R. § 1614.103, the federal-sector EEO complaint process covers employees and applicants regardless of which schedule a position sits in, with the same requirement to contact an EEO counselor within 45 days. Whistleblower complaints are a different matter: according to the reporting, complaints from Schedule Policy/Career employees would be investigated inside the employee's own agency rather than by the Office of Special Counsel.

Three Things Worth Doing This Week

• Read the appointment-type language. Check it on your own position's announcement and on any posting you are considering. A Schedule Policy/Career tag tells you the position sits in the excepted service without Chapter 75 appeal rights.
• Do not assume the tag is correct. The TSA listings show it can be applied in error. If your position appears tagged, ask your HR office in writing whether the position has actually been submitted to, or approved by, OPM — and keep the written answer.
• Watch for pending language. "Submitted to OPM," "potentially meeting the requirements," and "under review for inclusion" all signal a decision that has not been made yet.

The Practical Takeaway

The only public documentation of this program's reach remains officials' statements and the appendix to the executive order. That means the job board is, for now, one of the few places employees can see the scope for themselves. If your position is converted, or you receive a proposed action while occupying a converted position, which forum can still hear your case depends on the claims you have — and the filing windows are short.

Southworth PC represents federal employees, applicants, and probationers nationwide. You can reach our attorneys for federal employees to talk through what your appointment type means for your options.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.