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Schedule Policy/Career: What You Lose, What Survives

chapter 75 civil service reform mspb appeal rights schedule policy/career shaun southworth whistleblower protection
 

OPM's Schedule Policy/Career reclassification converted roughly 8,000 career federal positions last month into an at-will job category — and more than 50 members of Congress now say the administration won't say who, exactly, lost their protections.

What Schedule Policy/Career Actually Changed Last Month

Last month, the administration converted approximately 8,000 career positions into Schedule Policy/Career, the at-will category once known as Schedule F. The reclassification does not eliminate anyone's job by itself. What it does is pull affected positions out of the competitive service, where most career civil servants sit, and into an excepted-service category with far fewer job protections.

Why More Than 50 Lawmakers Are Demanding Answers

This week, more than 50 congressional Democrats — led by Rep. James Walkinshaw and Sen. Tim Kaine — sent a letter demanding the administration disclose which positions were converted, at which grades, and in which occupational series. So far, the public has only a list of job titles, with no numbers and no way to independently verify who actually lost civil service protections.

The letter's urgency is sharpened by reporting that OPM Director Scott Kupor has signaled a second round of conversions could reach GS-13 and GS-14 positions, with a new list potentially reaching the White House by the end of September.

What Chapter 75 Rights You Lose — and What Survives

The legal mechanics matter here. Schedule Policy/Career positions are excluded from the definition of "employee" for adverse-action purposes under 5 U.S.C. § 7511(b). That exclusion means the Chapter 75 procedures in 5 U.S.C. § 7513 — the law that gives career employees the right to appeal a removal, suspension, or demotion to the Merit Systems Protection Board — no longer apply once a position converts.

Whistleblower Protections Still Travel With You

One protection does not disappear: whistleblower protection under 5 U.S.C. § 2302(b)(8) is not tied to appointment type. It applies regardless of whether your position sits in the competitive service or has been reclassified into Schedule Policy/Career.

The reclassification itself is also being challenged in ongoing litigation, Government Accountability Project v. OPM (D.D.C.), which argues the conversion violates the Civil Service Reform Act and due process. That case has not been decided, and federal employees should not wait on it before taking steps to protect themselves.

What to Do if Your Position Is Reclassified

  • If you believe your position touches policy work — even in a support or advisory role — you may be at risk of reclassification in a future round.
  • Read any reclassification notice carefully before signing anything, including a new at-will acknowledgment.
  • Remember that losing Chapter 75 appeal rights does not mean losing whistleblower protections, which apply regardless of appointment type.

If you've received a Schedule Policy/Career reclassification notice, talk to attorneys for federal employees before you sign anything — the window to preserve certain rights can run from the date of the notice, not the date you sign.

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. 

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