Attorneys for Federal Employees — Nationwide

Nearly 200,000 federal workers and supporters follow our updates across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing gives you the three stories that actually matter to your job, plain‑English legal guidance, and one short practice to protect your peace of mind. If it helps you, forward it to a colleague—new readers can subscribe at https://fedlegalhelp.com/newsletter. 

Today at a Glance

• OPM creates “Schedule Policy/Career.” Why it matters: your job protections and appeal rights may change if your position is reclassified.
• Federal tech staffing shifts. Why it matters: workload may rise in short-staffed offices, but openings and internal moves may increase too.
• Leave options after you run out of time. Why it matters: LWOP can affect pay, benefits, and retirement credit—get the rules in writing.

Top Stories:

1. OPM Moves Forward with “Schedule Policy/Career” (Job Protections At Risk For Some Roles)

Source: Federal News Network — February 5

TL;DR: OPM finalized a rule creating “Schedule Policy/Career,” which can move certain “policy-influencing” career positions into an at-will category with fewer protections.

For federal employees, this means:

• Watch for any notice that your position is being reclassified into “Schedule Policy/Career.”
• If your job is moved, your appeal routes for discipline/removal may change, and the process may move faster.
• Keep copies of your position description, performance records, and emails about any reclassification.

Legal Insight:
This change comes from an OPM final rule called “Improving Performance, Accountability and Responsiveness in the Civil Service.” If you receive a notice, save it and ask HR in writing what changes (appeal rights, probation/trial status, removal process, and any new “at-will” language). Track timelines and keep a clean file: position description, SF-50s, performance plans, appraisals, and any discipline-related paperwork. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

2. Federal Agencies Lost ~20,000 Tech Workers Last Year—While Hiring Continues

Source: Nextgov/FCW — February 5, 2026

TL;DR: OPM workforce data shows federal IT-related roles shrank over the last year, but agencies are still trying to recruit and refill key positions.

For federal employees, this means:

• If your office is short-staffed, workload and performance expectations may become mismatched—document it early.
• You may see more details, temporary assignments, or postings as agencies try to fill gaps.
• Keep your résumé and key documents ready if you want to move into a hard-to-fill role.

Legal Insight:
The underlying source is OPM’s workforce data (built from personnel actions like SF-50s). If staffing shortages are affecting your ability to meet expectations, document workload impacts and ask your supervisor for priorities in writing. If you’re asked to take on major new duties, keep records of when duties changed and what support was (or wasn’t) provided. If staffing problems start turning into performance or conduct issues, preserve emails, calendars, and written instructions. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. Leave Options When Annual and Sick Leave Run Out (Including LWOP)

Source: Government Executive — February 5, 2026

TL;DR: When your paid leave is gone, you may have options like LWOP and other leave categories—but extended LWOP can affect benefits and retirement credit.

For federal employees, this means:

• Before you take extended LWOP, confirm in writing how it impacts FEHB, leave accrual, and retirement credit.
• Ask HR which leave category applies to your situation (medical, family care, workers’ comp, etc.).
• Keep copies of all approvals/denials and any medical or supporting paperwork you provide.

Legal Insight:
OPM’s leave guidance explains how LWOP works and how long periods in a nonpay status can affect benefits and programs. Before you request LWOP, ask HR for a written breakdown of what changes at 30 days, 6 months, and beyond (or whatever thresholds your agency uses), and keep it in your records. If your leave need is tied to a protected issue—like disability accommodation, medical limitations, or workers’ comp—use the correct process and document your request clearly. Because deadlines and paperwork rules can be strict, consider talking with your union and a qualified federal employment attorney.

Legal Tip of the Day

When You’re Being Investigated

If you’re contacted by an investigator, internal affairs, OIG, or HR for an interview, pause before you rush in. Ask: Am I a witness or the subject? Is this administrative, criminal, or both? Do I have the right to a representative or union steward in this meeting? Request the topic and relevant documents in advance if possible, and avoid guessing or speculating in your answers. Never assume that “just cooperating” will protect you. These interviews can directly affect your job, pay, and clearance. If you’ve been told you’re under investigation, our firm can help you understand your rights before you speak.

In Case You Missed It