Federal Employment Law — Schedule F & Political Firings
Schedule F: What Federal Employees Need to Know About Political Reclassification and Removal
Schedule F removes your civil service protections without removing your job title. By the time you receive notice, the agency has already built the justification. The time to act is before the removal, not after.
What Is Schedule F?
Schedule F is an employment category created by executive action to reclassify certain Federal employees from the competitive merit system into a separate, unprotected category. The justification is straightforward: employees who hold “policy-making or policy-advisory” roles should not have the same job protections as career civil servants. The effect is dramatic.
What You Lose Under Schedule F
If your position is reclassified to Schedule F, you lose: the right to a PIP before removal, the right to appeal to the MSPB, the right to respond to a proposed removal, your competitive status and associated reemployment rights, and the standard adverse action process — 30 days' notice, right to union representation, right to a hearing. You become an at-will employee of the Federal government.
Schedule F was originally proposed in 2020 but was never implemented before the 2021 administration change. It was revived in 2025, with OPM issuing a final rule codifying the category and agencies moving rapidly to reclassify thousands of positions.
Which Positions Can Legally Be Reclassified?
The OPM final rule (codified at 5 CFR 213.102) limits Schedule F to positions that have primarily policy-making or policy-advisory duties. This is a narrower standard than many agencies have applied in practice.
Positions That Generally Can Be Reclassified
- Senior policy advisors who directly advise agency leadership on political or policy decisions
- Special assistants whose primary function is to advance agency policy priorities
- Positions in the immediate office of agency leadership where the employee’s core function is policy development
- Roles where the position description clearly identifies policy-making as the primary duty
Positions That Generally Cannot Be Reclassified
- Technical or analytical positions — engineers, data scientists, analysts — whose work supports policy but does not create it
- Administrative, HR, or operations roles that manage internal agency functions
- Legal positions whose work is adjudicatory or advisory rather than policy-making
- Positions that have existed in the competitive service for decades with no history of political appointment
- Roles where policy work is incidental rather than primary
“The Schedule F rule requires that policy-making or policy-advisory duties be primary. If your job involves policy work as one of many responsibilities, it does not meet the threshold. Many agencies are reclassifying positions that clearly do not qualify — not because they are acting in bad faith, but because they are moving fast and the oversight is not keeping up.” — Jeffrey Meineke
If You Have Been Reclassified: What to Do
If you have received notice that your position has been reclassified to Schedule F, do not wait to be removed. The classification itself is the vulnerable point — if it is unlawful, your removal will be even harder to challenge. Take these steps immediately.
1. Request the Position Classification Analysis
OPM’s final rule requires agencies to document the basis for each Schedule F classification. Submit a FOIA request for the classification analysis, position description, and any internal memoranda justifying the reclassification. If the analysis is defective, it becomes evidence for your challenge.
2. Preserve Your Competitive Status Record
Save your SF-50, position description, performance reviews, and any documentation that establishes your competitive service status. If you are later removed under Schedule F, this record is essential for challenging the classification.
3. Evaluate Whether the Classification Is Lawful
An attorney can compare your position against OPM’s criteria and the agency’s classification analysis to determine whether the reclassification meets the legal standard. Many reclassifications have been challenged successfully because the agency’s analysis was perfunctory or incorrect.
4. File a Challenge Before You Are Removed
If the classification is unlawful, you can file an appeal with the Office of Special Counsel on the basis of a prohibited personnel practice, or an EEO complaint if the reclassification was motivated by discrimination or retaliation. The earlier you act, the stronger your position.
If You Have Been Removed Under Schedule F
The landscape for Schedule F removals is fluid. Federal courts have issued orders requiring reinstatement, but agency compliance has been inconsistent. Your options depend on several factors.
Court-Ordered Reinstatement
Multiple Federal district courts have issued orders requiring agencies to reinstate employees who were removed under Schedule F. If you fall within the class of covered employees, your agency may be legally required to reinstate you with back pay. However, some courts have paused or narrowed these orders, and the Supreme Court has weighed in on the scope of judicial authority in these matters. An attorney can evaluate whether you are covered by an existing order and what steps the agency has — or has not — taken.
MSPB Appeal
If your Schedule F classification is found to be unlawful, your removal may become appealable to the MSPB as an adverse action taken under an invalid reclassification. The MSPB’s jurisdiction in Schedule F cases is unsettled, and administrative judges have issued conflicting decisions. An attorney can help you navigate this uncertainty.
EEO Complaint
If you believe your reclassification or removal was motivated by your protected characteristics — race, religion, gender, disability — or by protected activity such as whistleblowing or prior EEO complaints, you can file an EEO complaint regardless of your Schedule F status. Discrimination is illegal under any employment category.
OSC Whistleblower Complaint
If you reported waste, fraud, or abuse and were subsequently reclassified or removed, you can file a whistleblower complaint with the Office of Special Counsel. Whistleblower protections apply to Schedule F employees, and the OSC has jurisdiction regardless of employment category.
The Reinstatement Orders: Current Status
Federal courts have issued orders requiring agencies to reinstate Schedule F employees. The current status as of 2025–2026:
- Some agencies have complied — reinstating employees with back pay and restoring competitive status.
- Some agencies have resisted — arguing that the orders exceed judicial authority or that the employees do not qualify for reinstatement.
- Some courts have paused orders — pending appeals or broader rulings on the scope of Schedule F.
- The Supreme Court has weighed in — pausing or narrowing reinstatement orders in some cases, creating uncertainty about which employees are covered.
Because the legal landscape is shifting weekly, it is critical to have counsel who is monitoring the orders, the agency-specific compliance efforts, and the appellate proceedings. An attorney who is tracking the case law can identify when and how you fit into the existing orders.
Note on Timeliness
The information on this page reflects the current state of Schedule F as of 2025–2026. This is a rapidly evolving area of law. Court orders, executive actions, and agency guidance change frequently. If you have been affected by Schedule F, consult an attorney for the most current analysis of your specific situation.
What to Do Right Now
- Save everything: Your SF-50, position description, email correspondence about the reclassification, and any written notice of removal.
- Do not sign a waiver: Some agencies ask Schedule F employees to sign separation agreements that waive appeal rights. Review any document with an attorney before signing.
- Submit a FOIA request: Request the classification analysis, internal memoranda, and any documents justifying the Schedule F reclassification.
- Document retaliation: If you engaged in protected activity — whistleblowing, EEO complaints, FMLA leave — before being reclassified or removed, document the timeline contemporaneously.
- Consult an attorney: The legal landscape for Schedule F is unsettled and shifting. An attorney who specializes in Federal employment law can evaluate your options — reinstatement, MSPB appeal, EEO complaint, or OSC whistleblower complaint — and act quickly before deadlines expire.
Frequently Asked Questions
Can I be placed on Schedule F at any time?
Agencies can reclassify positions to Schedule F if they follow OPM’s final rule and can demonstrate that the position has primarily policy-making or policy-advisory duties. However, the reclassification must be based on the position’s duties, not the person who holds it. If your position does not meet the criteria, the reclassification is unlawful.
Does Schedule F apply to probationary employees?
Schedule F applies to any employee whose position is reclassified, regardless of probationary or permanent status. However, probationary employees already have fewer due process rights, so the practical impact of Schedule F reclassification may be less significant for them.
Can my union challenge a Schedule F reclassification?
If your position is within the scope of a collective bargaining agreement, your union may be able to challenge the reclassification as an improper change in working conditions. However, Schedule F reclassifications raise complex questions about mandatory subjects of bargaining and the agency’s management rights under 5 U.S.C. § 7106.
What if I was removed before the Schedule F reinstatement orders?
If you were removed before the court orders, you may still be eligible for reinstatement depending on the specific order and your agency’s compliance. Some orders cover employees removed during a defined time period. An attorney can evaluate whether you fall within the covered class.
Will I get back pay if I am reinstated?
If you are reinstated under a court order or MSPB decision, you are generally entitled to back pay from the date of removal to the date of reinstatement, minus any intervening earnings. The exact amount depends on the specific order or decision and whether the agency successfully argues for mitigation.
How is Schedule F different from SES?
The Senior Executive Service is a formal, congressionally authorized category for senior policy positions with established standards and due process protections. Schedule F is a category created by executive action that provides fewer protections and has looser standards. SES employees can still appeal adverse actions; Schedule F employees generally cannot.