Here we go again. Federal employees may remember that in October 2020, President Donald Trump issued an executive order regarding Schedule F that would have allowed federal government agencies to reclassify workers, remove certain civil service protections, and make them at-will employees, which essentially would have made it easier for agencies to fire employees for any reason.
Just three months later, and before the order was fully implemented, President Joe Biden rescinded the Schedule F executive order when he took office in January 2021.
But as recently reported by FedSmith, the rule is back, reincarnated as a final rule called the “Schedule Policy/Career” classification rule, which ultimately could strip civil service protections from up to 50,000 federal employees by reclassifying their jobs. The move effectively reclassifies what are considered “policy-influencing” roles and introduces at-will employment to the career civil service.
Reminiscent of Schedule F, this new classification rule will categorize certain federal employee positions as “policy making” or “policy evaluating,” and therefore they will become more so-called responsive to a political party. The action also limits federal unions’ abilities for collective bargaining and their ability to negotiate and to utilize official time working on union activities.
The new rule is outlined by the Office of Personnel Management (OPM), which published the final rule in the Federal Register. It takes effect March 8.
New, Excepted-Service Category
The Schedule Policy/Career rule is a new excepted‑service category created under Executive Order 14171 (January 20, 2025), according to the Office of Personnel Management. It covers career (non‑political) positions that are confidential, policy‑determining, policymaking, or policy‑advocating—commonly referred to as policy‑influencing positions. These positions remain career-based and filled on merit—they technically are not political appointments.
Federal agencies have been directed to create a list of positions to be moved into Schedule Policy/Career, which is to be sent to the White House for review, with President Trump making the final call on which positions are moved into the new category.
OPM says the change is needed to improve accountability in the federal workforce and maintain adherence to the president’s policy objectives.
What the New Rule Says
The rule, published in the Federal Register on Feb. 6, 2026, states that agency supervisors have reported “great difficulty removing employees for poor performance or misconduct.” The final rule authorizes agencies to move policy-influencing positions into Schedule Policy/Career, the positions of which will remain career jobs filled on what the agency states is a nonpartisan basis.
Federal employees should be aware that these positions will be at-will positions excepted from adverse action procedures or appeals, according to the rule. This will allow agencies to quickly remove employees from critical positions who engage in misconduct, perform poorly, or obstruct the democratic process by intentionally subverting Presidential directives, the notice in the Federal Register states. Further, the rule requires agencies to establish internal policies protecting employees from prohibited personnel practices.
During the comment period regarding the new rule, statements ranged from ardent support of the proposed regulation to categorical rejection of it, according to the posting in the Federal Register. Approximately 5% of the overall comments were supportive, 1% neutral or mixed, and 94% outright opposed the proposed regulation.
What Does the New Rule Mean for Federal Employees?
If you are a federal employee, it is important to remember that the new rule is just that—a rule—it is not law. However, there is the possibility that with Republicans having control of the White House and the Congress, any rules aimed at protecting against the new rule could be rescinded, and any laws could potentially be passed to strengthen the rule.
With the new rule in place, federal employees in policy-determining roles will no longer have the right to appeal their terminations, which means the OPM’s “At-Will Rule” takes away the oversight of the Merit Systems Protection Board (MSPB).
The OPM At-Will Rule shifts enforcement to agency general counsels, creating a potential conflict of interest, and many suggest that will politicize federal civil service, which has long been nonpartisan.
But just remember that the Pendleton Act in 1883 created a competitive hiring process and protected workers from partisan-based removal. The U.S. government then slowly developed a professionalized, public-oriented civil service, and the Pendleton Act was followed by a series of statutes and regulations that culminated in the Civil Service Reform Act of 1978, which largely created our current “merit system,” according to the website Protect Democracy.
If you have questions about the new Schedule Policy/Career rule as it relates to your federal employment, our Tully Rinckey attorneys can help. Schedule a consultation online or call (888) 529-4543.
