Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Schedule Policy/Career Transparency: More than 50 congressional Democrats sent a letter demanding detailed data on last month's conversion of roughly 8,000 career positions into Schedule Policy/Career, and OPM's director has signaled a possible second round could reach GS-13 and GS-14 employees.
• RIF Reemployment Rights: A year after the State Department's 2025 layoffs, lawmakers introduced a bill to waive re-entry testing for separated Foreign Service Officers — a reminder that existing reemployment priority rights already apply to anyone separated in a reduction in force.
• Retirement Processing Slips: OPM's own data show average retirement-application processing time jumped to 96 days in June even as the agency shifts almost entirely to online filing.

Top Stories:

1. More Than 50 Lawmakers Demand Data on the Schedule Policy/Career Reclassification — and OPM Signals a Second Round

Source: Government Executive, July 15, 2026

TL;DR: More than 50 congressional Democrats, led by Rep. James Walkinshaw and Sen. Tim Kaine, sent a letter to President Trump demanding detailed data on last month's conversion of roughly 8,000 career positions into Schedule Policy/Career, the at-will job category once known as Schedule F. The lawmakers say the administration has disclosed only a bare list of position titles, without the numbers, grades, or occupational series needed to know who has actually lost civil service protections. OPM Director Scott Kupor has reportedly told Bloomberg Law that a second round of conversions could target GS-13 and GS-14 positions, with a new list potentially going to the White House by the end of September. Schedule Policy/Career employees are moved out of the competitive service and lose most of the adverse-action rights career employees otherwise hold. The reclassification 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.

For federal employees, this means:

• If your position touches policy work — even in a support or advisory role — you may be at risk of reclassification into Schedule Policy/Career, and a second round could reach further down the GS scale than the first.
• Reclassification does not, by itself, cost you your job — but it does strip the Chapter 75 adverse-action rights that let you appeal a removal, suspension, or demotion to the MSPB.
• Whistleblower protections are separate from civil service status and continue to apply regardless of your appointment type.

Legal Insight:

Schedule Policy/Career positions are excluded from the definition of "employee" for adverse-action purposes under 5 U.S.C. § 7511(b), which means the Chapter 75 procedures and MSPB appeal rights in 5 U.S.C. § 7513 no longer apply once a position is converted. Prohibited personnel practice protections, including the whistleblower protections in 5 U.S.C. § 2302(b)(8), are not tied to appointment type and remain available regardless of Schedule Policy/Career status. If you believe your position has been or may be reclassified, talk to a federal employment attorney before you sign any new at-will acknowledgment — the practical window to preserve certain rights can run from the date of the reclassification notice, not the date you sign.

2. A Year After State Department Layoffs, a Bill Would Let Laid-Off Foreign Service Officers Skip Re-Entry Testing

Source: Government Executive, July 16, 2026

TL;DR: Thursday marked one year since the State Department's 2025 reduction in force, which affected roughly 1,350 employees and coincided with the dismantling of the U.S. Agency for International Development. At a Capitol Hill event marking the anniversary, former employees and members of Congress said many of those laid off have struggled to get back into government even as the State Department now recruits for some of the same roles it eliminated. Rep. Don Beyer introduced the Foreign Service Test-Free Reentry Act, which would exempt Foreign Service officers who were involuntarily separated or retired between January 20, 2025, and January 31, 2030, from having to retake the Foreign Service Officer Test if they want to rejoin. The bill has not been voted on and does not change current law. Separately, existing regulations already give RIF'd federal employees reemployment rights when applying to vacancies at their former agency.

For federal employees, this means:

• If you were separated in a RIF, you may have Reemployment Priority List and CTAP/ICTAP rights right now — you do not need to wait for new legislation to assert them.
• The proposed bill would only affect Foreign Service officers, and only if it becomes law; it does not currently waive any testing or hiring requirement.
• If an agency recruits for a position substantially similar to one it eliminated in a RIF and does not give you the priority consideration you are owed, raise it promptly, since reemployment rights carry filing windows.

Legal Insight:

Employees separated in a RIF under 5 U.S.C. § 3502 and 5 C.F.R. Part 351 are generally entitled to Reemployment Priority List consideration at their former agency under 5 C.F.R. Part 330, Subpart B, and to Career Transition Assistance Plan / Interagency Career Transition Assistance Plan priority at other agencies under 5 C.F.R. Part 330, Subparts F and G. These rights exist under current law regardless of whether the Foreign Service Test-Free Reentry Act is ever enacted. If you were separated in a RIF and believe an agency filled a similar vacancy without giving you the priority consideration you are entitled to, consult a federal employment attorney about your options before the position is filled.

3. OPM's Own Numbers Show Retirement Processing Times Rising, Even as Filing Goes Almost Fully Digital

Source: FEDweek, July 15, 2026

TL;DR: OPM's monthly retirement-processing data show the average time to process a pending retirement application jumped to 96 days in June, up nearly 50 percent from May, even as the agency has shifted almost entirely to its Online Retirement Application portal. Digital applications took an average of 66 days to process in May, compared with 105 days for paper applications submitted the same month. The total pending inventory has fallen to roughly 34,000 applications, down from a peak above 65,000 in February, but June's increase in average processing time is a step backward from the trend OPM highlighted just a week earlier when it announced the shift to digital filing. OPM has not publicly explained the June increase.

For federal employees, this means:

• Filing electronically still tends to process faster than paper, but June's numbers show digital filing alone does not guarantee a quick turnaround.
• If you are planning to retire soon, build in a buffer for processing delays and confirm your agency has submitted your complete retirement package before your last day, since incomplete packages take longer.
• Interim payments are typically partial while your full annuity is calculated, so budget for a gap between your last paycheck and your first full annuity payment.

Legal Insight:

FERS and CSRS retirement claims are decided in the first instance by OPM, and an employee who disagrees with OPM's determination can seek reconsideration and then appeal to the Merit Systems Protection Board under 5 U.S.C. § 8461(e) for FERS claims or 5 U.S.C. § 8347(d) for CSRS claims. Processing delays alone are not usually grounds for an appeal, but an incorrect annuity calculation or benefit denial is.

Legal Tip of the Day

Speaking Up About Waste, Fraud, or Abuse

Reporting waste, fraud, abuse, gross mismanagement, safety risks, or legal violations can be protected in many circumstances, but how the disclosure is made matters. Keep the report factual, professional, and focused on what you know. Record what was disclosed, when, to whom, and what happened afterward. Do not remove classified, privileged, confidential, or restricted government information to support your claim, and do not assume every workplace complaint automatically qualifies as whistleblowing. If negative actions follow, such as discipline, reassignment, exclusion, or threats, the timeline may become important. Southworth PC can help federal employees evaluate possible whistleblower retaliation and understand available options.

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