Schedule F has been the source of much discussion and anxiety among federal employees in recent weeks.
Although government workers often deal with changes after a presidential transition, the proposed reintroduction of this policy could significantly impact many employees’ rights and benefits.
This blog post will explain the basic implications of Schedule F for federal employees. Our experienced federal employment attorneys discuss what Schedule F does, what it means for federal workers, and how you can prepare for potential changes.
For assistance, please reach us online or call (800) 801-0598 today.
What Is Schedule F?
Schedule F is an executive order first issued by President Donald Trump in October 2020. The order aimed to reclassify certain federal roles to give the executive branch more power over employees. Schedule F refers to the new employment category the order created. Federal employees under Schedule F would be exempt from many rights and procedures protecting traditional civil service positions.
In January 2021, the Biden administration reversed the policy before it could officially take effect. However, with the reelection of President Trump, Schedule F may become a reality, potentially impacting thousands of federal employees.
How Will Schedule F Affect Federal Employees?
Here are some significant ways Schedule F could impact federal employees under its authority.
Employee Reclassification
Schedule F’s main aim is to reclassify federal employees in “confidential, policy-determining, policy-making, or policy-advocating” roles into a new employment category. Employees shifted into this new category of “excepted service” positions would now be subject to the direct discretion of the executive branch in a way that traditional federal employees are not. Because of the order’s ambiguous language, there may be disputes over where to limit the reclassification for many employees across agencies and roles.
Talent Recruitment
Instead of the traditional merit-based standards for recruiting and disciplining government workers, Schedule F employees could be hired and fired at the executive’s will. As a result, personal political affiliation may play a larger role than a candidate’s training and experience in staffing decisions.
Loss of Job Protections
Employees reclassified under Schedule F would lose the right to the unique protections that government employees traditionally receive through the Civil Service Reform Act, including:
- Advance notice of disciplinary actions,
- Safeguards against politically motivated or arbitrary firing,
- Merit-based performance standards, and
- Appeal rights to the Merit Systems Protection Board (MSPB).
Schedule F employees may face more uncertainty regarding job progression or security without these protections.
Uncertain Retirement Benefits
The destabilizing effect of Schedule F on the federal workforce could also unexpectedly impact retirement plans and benefits.
Individually, Schedule F could cause suddenly terminated employees to lose out on opportunities to maximize their retirement plans. Since the Federal Employees Retirement System (FERS) is based on years of service, employees who are laid off or fired in a Schedule F role could face challenges in reaching eligibility for benefits. Even if they can be rehired, the gap in employment could complicate their progression to their planned goal.
Schedule F could also disrupt the administration of federal retirement benefits on a broader level. Large-scale reshuffling or reduction of the federal workforce could lead to a loss of personnel and resources in those agencies that maintain the federal retirement systems. As a result, federal employees may face delays or other issues accessing their benefits on their anticipated timeline.
Labor Organizing Challenges
Reclassification under Schedule F may also strip some unionized employees of protections they received through collective bargaining. This could mean employees lose the support of union representation in grievance processes, appealing disciplinary actions, or other negotiations.
What Employees Can Do to Prepare
Feeling anxious and powerless when grappling with unknowns about your future is natural.
However, you can still take steps to keep yourself informed and protected in case of Schedule F’s readoption by:
- Reviewing personal finances. Evaluate your assets, budget, and other financial resources to ensure you have a safety net in case of an unexpected job change. Build an emergency fund and try to minimize outstanding debts.
- Examining retirement options. If you’re close to retirement, consider whether accelerating your timeline or changing your plans could shield you from potential disruptions to getting benefits.
- Understanding your rights. Ensure you know your rights as a federal employee, including those under Schedule F. This includes anti-discrimination and whistleblower retaliation protections.
- Talking to a lawyer. An experienced federal employment lawyer is the best resource to help you understand how Schedule F could impact you. A skilled attorney can provide personalized advice, help you understand your legal options, and strategize for different scenarios.
By taking action steps now, you can face the uncertainties of Schedule F and be empowered about your rights, resources, and options.
Over 60 Years of Dedicated Legal Advocacy for Federal Employees
At Pines Federal, we understand how stressful it can be to do your job normally in the face of uncertainty and potential change. It’s crucial to stay informed as more details emerge about the implementation and meaning of Schedule F for federal employees.
If you’re a government employee concerned about your future, the legal team at Pines Federal is here to help you prepare. Our attorneys have six decades of combined experience supporting civil servants as they navigate their rights and options under federal employment law.
Contact our office online or call (800) 801-0598 today to speak to an experienced advocate about how we can advise you.
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