Your Federal Employee Rights Amid Recent Executive Actions

What is Schedule F and What You Need to Know as a Federal Employee

Attorney Justin Schnitzer

Written by: Attorney Justin Schnitzer


Experts In This Article

Your career in federal service has likely been built on the foundation of what is Schedule F for federal employees and civil service protections that distinguish government employment from the private sector.

These protective measures—established job security, merit-based advancement, and protection from political pressure—may soon face major changes. With Donald Trump projected to return to the White House in January 2025 and having explicitly stated plans to reinstate Schedule F, understanding this classification has become necessary for safeguarding your federal career.

What Exactly Is Schedule F for Federal Employees?

Schedule F is an executive classification created in 2020 that would reclassify thousands of federal employees from competitive service positions to a new category with fewer job protections, making them easier to hire and fire without traditional civil service safeguards. This policy would primarily target positions involved in policymaking, policy interpretation, or policy implementation.

The federal civil service system has traditionally classified positions into different “schedules” that determine hiring processes and job protections. Schedule F represented a major departure from this system by creating a new category specifically for roles that had previously been protected under the competitive service.

For you as a federal worker, this signifies a fundamental shift away from the merit-based civil service system that has been in place since the Pendleton Act of 1883. That historic legislation was designed to prevent the “spoils system” where government jobs were handed out based on political connections rather than qualifications—a protection that Schedule F could substantially weaken.

The Origin and History of Schedule F

Schedule F came into existence through Executive Order 13957, signed by President Donald Trump in October 2020, just weeks before the presidential election. The stated purpose was to improve efficiency by making it easier to remove poorly performing employees in policy-related positions. The timing of the order left little opportunity for implementation before the change in administration. While agencies began the process of identifying positions that would fall under Schedule F, the executive order was rescinded by President Biden shortly after he took office in January 2021, before any substantial reclassification of positions could occur.

In April 2024, anticipating the possibility of Schedule F’s return, the Biden administration implemented a new rule through the Office of Personnel Management designed to prevent future attempts to revive it. OPM Director Kiran Ahuja stated that the final rule “honors our 2.2 million career civil servants, helping ensure that people are hired and fired based on merit and that they can carry out their duties based on their expertise and not political loyalty.”

Which Federal Employees Would Be Affected

Schedule F would apply to career civil servants in “confidential, policy-determining, policy-making, or policy-advocating positions”—a potentially broad definition that could encompass many roles across the federal government. This would include employees who:

  • Shape policies or regulations
  • Draft, interpret, or implement guidance
  • Supervise attorneys or others who do policy work
  • Serve in senior advisory roles
  • Work in politically sensitive positions

Estimates of affected employees varied widely, with some analyses suggesting anywhere from tens of thousands to potentially up to 50,000 federal workers could be reclassified. Agencies with substantial regulatory or policy functions, such as the Environmental Protection Agency, Department of Justice, and financial regulatory agencies, would likely see a higher percentage of their workforce affected.

Importantly, Schedule F would primarily target mid-to-senior level career professionals rather than entry-level or purely operational roles. This raises concerns about the potential loss of institutional knowledge and expertise that you and your colleagues have developed over years of service.

Core Changes to Employment Protections

Traditional civil service protections exist to ensure that government functions continue across changes in administration and that employees serve the public interest rather than partisan interests. Schedule F would considerably alter these protections in three critical areas:

  • Hiring practices: Schedule F would remove competitive examination requirements, potentially allowing for more direct appointment without typical merit-based assessment processes.
  • Termination procedures: Positions under Schedule F would lose the “for cause” requirement that typically necessitates documented performance or conduct issues before removal. Instead, you could be terminated at will, similar to political appointees.
  • Appeal rights: Perhaps most importantly, Schedule F would restrict or eliminate appeal rights to the Merit Systems Protection Board, which has traditionally served as an independent body ensuring terminations follow proper procedures and are based on legitimate reasons rather than political considerations.

These changes represent a fundamental restructuring of the civil service employment relationship. The removal of these longstanding protections would effectively transform career positions into something more resembling political appointments, with implications for both your individual job security and institutional continuity.

Controversies and Perspectives

Schedule F has generated substantial debate about the proper balance between political responsiveness and professional independence in the federal workforce.

Proponents argue that it would increase accountability by making it easier to remove underperforming employees or those resisting legitimate policy directions from elected leadership. They contend that some career officials have become too entrenched and unresponsive to democratic changes in government.

Critics raise concerns that Schedule F could lead to a return to patronage-based government, where positions would be filled based on political loyalty rather than merit and expertise. They warn that mass removals during transitions of power could disrupt government services and result in loss of institutional knowledge.

Federal employee unions universally opposed Schedule F, viewing it as a fundamental threat to the civil service system. The American Federation of Government Employees called it “the most profound undermining of the civil service in our lifetimes.”

Many government management specialists and former officials from both parties have expressed concerns that while civil service reform might be needed, Schedule F’s approach could damage government effectiveness by politicizing functions that require professional expertise.

Current Status and Future Possibilities

Currently, Schedule F is not in effect, having been rescinded by President Biden in January 2021. However, Donald Trump has made it clear he intends to reinstate Schedule F if he returns to office. Specifically, in his current “Agenda47” platform, Trump lays out a 10-point plan where he states he plans “to shatter the deep state and return power to the American people,” with reinstating his 2020 executive order—Schedule F—as the number-one item.

Further, potentially adding to federal employees’ concerns, Trump has announced intentions to create a new “Department of Government Efficiency” to be led by Elon Musk and Vivek Ramaswamy. This non-governmental advisory entity would work with the Office of Management and Budget to restructure federal agencies and cut spending and regulations until approximately the summer of 2026.

Musk and Ramaswamy have published an opinion piece in the Wall Street Journal (November 2024) stating they support requiring federal employees to work from offices five days a week, which they suggest could result in a “wave of voluntary terminations” without the need for mass firings.

While the Biden administration implemented rules to protect against Schedule F, these are not laws and could be rescinded by the incoming administration. Any future implementation would likely face legal challenges, as constitutional questions remain about the extent of executive authority to unilaterally reclassify career positions.

What You Should Do Now

While the future of Schedule F remains uncertain, you can take several proactive steps to prepare:

  • Stay informed through reliable sources, including your agency’s communications, professional associations, and unions that track policy changes affecting federal employment.
  • Understand your current position classification and whether it might fall under a Schedule F-type designation. Positions involving policy formulation, implementation, or interpretation are most likely to be affected.
  • Document your performance and contributions carefully, maintaining strong performance records regardless of potential system changes.
  • Consider engaging with employee organizations or unions, which play an important role in advocating for federal workers’ interests and can provide collective representation if changes occur.
  • Familiarize yourself with your rights under current law, including appeal procedures for contesting adverse actions. While these might change, understanding your baseline is important.

Being proactive rather than reactive puts you in a better position regardless of what policy changes ultimately materialize. Many federal employee advocacy groups are already preparing resources and support systems for workers who may be affected by Schedule F implementation. Connecting with these resources now can help ensure you have access to guidance and support if meaningful changes do occur.

Long-term Implications for Federal Service

The potential reimplementation of Schedule F raises profound questions about the future of federal employment and the civil service system that has been developing since the Pendleton Act of 1883.

Your immediate concern may be job security, as Schedule F positions would effectively become “at-will” employment. This uncertainty could lead to increased early retirements or departures of experienced employees seeking more stable positions, worsening existing recruitment and retention challenges in government.

More broadly, Schedule F touches on fundamental questions about governance in America. The civil service system was developed to balance democratic responsiveness with professional expertise and continuity across administrations. Notable changes to this system would reshape this balance and potentially affect how you view your role and responsibilities as a public servant.

The traditional merit system has helped create a professionalized, public-oriented civil service that applies consistent standards across political transitions. While reforms may be needed to improve efficiency and responsiveness, they must be carefully designed to preserve the benefits of professional expertise while ensuring appropriate democratic control.

For you as a federal employee navigating this uncertain landscape, consulting with a Schedule F lawyer may be beneficial, especially if you believe your position might be vulnerable to reclassification. These professionals can provide specific guidance tailored to your situation and help you understand your options as the situation develops.

The coming months will likely bring more clarity about the future of Schedule F and its implications for federal employees. By staying informed and prepared, you can better position yourself to navigate these potential changes while continuing to fulfill your important role in public service.

Do You Need Legal Help?

At The Law Office of Justin Schnitzer, we specialize in federal employment law services for federal employees across the country.

Whether you are facing disciplinary action, discrimination, retaliation, or other employment-related issues, our federal employment attorneys are here to provide the legal support and guidance you need. Contact us today or call 202-964-4878 to schedule your initial consultation and learn more about how we can help you with your federal employment law matter.

Attorney Justin Schnitzer

Meet the Author:
Attorney Justin Schnitzer

Justin Schnitzer is the managing partner of The Law Office of Justin Schnitzer, and represents individual federal employees and unions in various aspects of federal employment law. His practice is primarily dedicated to federal EEOC and MSPB matters, responses to proposed disciplinary actions and investigations into potential misconduct.