Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Schedule Policy/Career Notices: Agencies had until June 10 to tell roughly 8,000 reclassified federal employees that they are now in Schedule Policy/Career — and at-will. A 229-page White House appendix lists the affected positions, and employees can check their own SF-50 against it.

• DOJ Telework Accommodations: A second lawsuit accuses the Justice Department of categorically denying telework as a disability accommodation — this time at the immigration courts, where two attorneys allege no telework accommodation has been granted since April 2025.

• Retirement Backlog: OPM processed a record 19,433 retirement claims in May and cut its backlog 23% in a single month, to 38,547 — the lowest level since October 2025. Average processing time, however, rose to 87 days.

Top Stories:

1. Schedule Policy/Career Notices Were Due June 10 — How to Check Whether Your Position Is on the White House List

Source: Federal News Network, June 5, 2026

TL;DR: The deadline has now passed for agencies to notify employees whose positions moved into Schedule Policy/Career. The June 3 executive order gave agencies one week — until June 10 — to inform roughly 8,000 affected employees and update their personnel records. The White House published a 229-page appendix listing the agencies, position titles, and position description codes being transferred; it is the best public information available on which roles are covered. The Defense Department has the most entries, with more than 1,600 position codes, followed by Homeland Security (571), Health and Human Services (400), Treasury (223), Commerce (172), and Interior (158). The appendix does not say how many employees sit in each listed position, so a single line could represent one employee or dozens. About 97% of the covered positions are at the GS-15 level or above, with a smaller group at GS-13 and GS-14, mostly within the Office of Management and Budget. Several organizations, including the National Active and Retired Federal Employees Association, are challenging the reclassification in court.

For federal employees, this means:

• If your position was reclassified, you should have received written notice by June 10. If you are unsure whether you are covered, compare the position description number on your SF-50 against the White House appendix.

• Reclassification makes the position at-will. It removes advance notice, the right to reply, and MSPB appeal rights for removals — but OPM says pay, leave, benefits, and reduction-in-force (RIF) rules do not change.

• Save copies of your SF-50s, position description, performance ratings, and any notice you received. Litigation over Schedule Policy/Career is pending, and complete records will matter if the rules change or you need to challenge a later action.

Legal Insight:
The legal mechanism is 5 U.S.C. § 7511(b), which excludes excepted-service positions of a confidential, policy-determining, policy-making, or policy-advocating character from the adverse-action protections of 5 U.S.C. § 7513 — the advance written notice, opportunity to reply, and MSPB appeal that cover most career employees. OPM's guidance states the reclassification itself cannot be appealed, but whistleblower and other prohibited personnel practice protections under 5 U.S.C. § 2302 continue to apply. If you received a reclassification notice and later face a removal or other adverse action, your options and deadlines are narrower than they used to be — that is a situation worth reviewing promptly with a federal employment attorney.

2. A Second Lawsuit Says DOJ Is Categorically Denying Telework Accommodations — This Time at the Immigration Courts

Source: Government Executive, June 8, 2026

TL;DR: Two attorney-advisors at the Executive Office for Immigration Review (EOIR), the Justice Department agency that adjudicates immigration cases, filed suit June 3 alleging EOIR has categorically denied telework as a reasonable accommodation since late April 2025 — including renewals of accommodations the agency had previously approved. One plaintiff, who has Type 1 diabetes and migraines with stroke-like symptoms, had an approved telework accommodation dating to 2020; after her renewal requests were denied, she was ordered back to the office by April 20, 2026, and has since used nearly 250 hours of sick and annual leave. The second plaintiff, diagnosed with Stage 4 lung cancer in September 2024, had a telework accommodation approved on January 13, 2025, and revoked about a year later. The complaint cites an April 2025 EOIR email noting that the component has slightly more than 2% of DOJ employees but accounts for roughly 11% of the department's full-time telework accommodations. The plaintiffs are represented by Democracy Forward and the employment law firm Burakiewicz & DePriest; EOIR declined to comment. A separate group of DOJ Criminal Division employees filed a similar suit days earlier, alleging a systematic, agency-wide practice of denying telework accommodations.

For federal employees, this means:

• The January 2025 return-to-office directive did not repeal the Rehabilitation Act. Employees with approved telework accommodations — or pending requests — are still entitled to an individualized assessment, not a blanket no.

• If an approved accommodation is revoked, ask for the reason in writing and request the interactive process. A revocation made without an individualized re-assessment is itself a decision you can challenge.

• Watch the leave trap: plaintiffs in both DOJ suits say they were forced onto sick and annual leave after denials. Document any leave you take because an accommodation was denied or revoked — it is relevant to any later remedy.

Legal Insight:
Section 501 of the Rehabilitation Act, 29 U.S.C. § 791, requires federal agencies to provide reasonable accommodations unless doing so would impose an undue hardship, and EEOC's regulations at 29 C.F.R. § 1614.203(d)(3) require an individualized, interactive process — which is why allegations of categorical denial are legally significant. An employee who believes an accommodation was unlawfully denied or revoked must contact an EEO counselor within 45 days of the action under 29 C.F.R. § 1614.105(a)(1). That clock runs while employees wait and hope; if you are in this position, consult a federal employment attorney before the window closes.

3. OPM Posts a Record Processing Month — Retirement Backlog Falls 23% to Its Lowest Level Since October

Source: FedSmith.com, June 8, 2026

TL;DR: OPM processed 19,433 retirement claims in May — the most it has ever processed in that month, and nearly double the prior May record of 10,954 set in 2013. With only 11,286 new claims coming in, the backlog dropped by 11,341 cases (22.7%) to 38,547, its lowest level since October 2025 and down 40% from the February peak of 65,237. The improvement is driven largely by digital filing: 73% of new claims now arrive through OPM's Online Retirement Application, up from 30% in October 2025, and digital cases were processed in an average of 66 days in May versus 105 days for paper. One caution in the data: the overall average processing time rose to 87 days in May, up from 60 days in March and 78 days in April. So far in fiscal 2026, OPM has received 145,059 retirement claims — nearly double the 75,621 received over the same period last year — reflecting the continued elevated pace of federal retirements.

For federal employees, this means:

• If you are retiring soon, file digitally through OPM's Online Retirement Application if your agency supports it. Digital claims were processed about six weeks faster than paper claims in May.

• Plan your cash flow around interim pay. OPM's target is to start interim payments within about 7 days of receiving a complete application, but interim pay typically covers only 60% to 80% of your estimated final annuity until adjudication is complete.

• Build in time. OPM's own guidance estimates 3 to 5 months from retirement date to final adjudication under normal conditions, the clock starts when OPM receives your complete file from your agency, and complex cases take longer.

Legal Insight:
FERS and CSRS annuity entitlements are set by statute at 5 U.S.C. Chapters 84 and 83, and a processing delay does not change the amount you are ultimately owed — final adjudication trues up any underpayment from the interim-pay period. If OPM gets a determination wrong on eligibility, service credit, or the annuity computation, you can request reconsideration and then appeal to the MSPB under 5 U.S.C. § 8461(e) for FERS or 5 U.S.C. § 8347(d) for CSRS.

Mindful Moment of the Day

After the OIG Email 

Seeing an email from OIG, Internal Affairs, compliance, or another oversight office can create an instant jolt, even when the message is routine. Your pulse may jump, and your mind may race toward worst-case scenarios. Before opening or answering, take a moment to ground yourself. Feel your feet, take one slow breath, and read the sender, subject, and request carefully. If the message requires action, write down the facts before deciding what to do next. Mindfulness here is not dismissing the importance of oversight; it is helping you stay clear enough to handle the message with care. 

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