How the New Executive Order Converts 8,000 Senior Federal Workers to At-Will Status

On June 3, 2026, the White House initiated one of the most significant structural changes to the federal workforce in modern history, signing an executive order that converts approximately 8,000 career civil servants into a new employment category known as "Schedule Policy/Career." The directive effectively strips these employees of their traditional civil service protections, reclassifying them as at-will workers who can be terminated without the standard procedural safeguards.

The move targets senior personnel in "confidential, policy-determining, policy-making, or policy-advocating" roles, fundamentally altering the employment relationship for those tasked with drafting regulations, overseeing federal grants, and advising agency leaders. By removing the protective insulation that has defined the federal bureaucracy for decades, the administration aims to reshape how the government executes the directives of the elected president, sparking immediate legal and political battles over the future of the nonpartisan civil service.[1]

The mechanism at the heart of the executive order relies on transferring specific positions out of the competitive civil service and into the "excepted service." Historically, career federal employees have been shielded from arbitrary or politically motivated dismissal by Title 5 of the U.S. Code, which guarantees due process, advance notice of adverse actions, and the right to appeal terminations to the independent Merit Systems Protection Board (MSPB).

Under the new Schedule Policy/Career classification, those procedural rights are eliminated. Employees placed in this category can be removed for poor performance or misconduct with essentially no notice or opportunity to respond, mirroring the at-will employment model prevalent in the private sector. The administration argues this streamlined process is necessary to ensure that senior bureaucrats cannot obstruct or delay the implementation of the president's lawful policy agenda.

The concept of reclassifying policy-influencing career staff is not entirely new; it is the culmination of a multi-year effort that began during the final months of the first Trump administration in 2020 under the moniker "Schedule F." That initial effort was rescinded by the Biden administration in 2021 before it could be widely implemented.

Upon returning to office, the current administration revived the initiative, issuing an executive order in January 2025 that directed the Office of Personnel Management (OPM) to draft new rules for a rebranded Schedule Policy/Career. Those regulations were finalized in February 2026, setting the stage for the June 3 directive, which officially executed the transfer for the first tranche of identified positions.[1]

While early OPM estimates suggested that up to 50,000 federal workers could eventually be reclassified, the June 3 order took a more targeted approach, focusing on roughly 8,000 of the government's most senior career officials. According to White House data, 97 percent of the affected positions are at the GS-15 or Senior Leader pay grades, representing the highest echelons of the civilian workforce, with some individuals earning nearly $200,000 annually.

The roles encompass deputy directors, chiefs of staff, senior policy analysts, and public affairs leaders across various agencies. The executive order included a 200-page appendix listing the specific position numbers and job titles slated for conversion, giving agencies just seven days—until June 10—to notify the encumbering employees and update their human resources records.[2]

For the individual employees caught in the transition, determining their new status requires navigating bureaucratic paperwork. Because the executive order does not universally apply to all senior roles, workers must cross-reference their specific position numbers—found on Box 10 of their Standard Form 50 (SF-50), the official record of federal employment—against the 200-page appendix issued by the White House.

If their position number is listed, the agency is mandated to formally notify them of the change and require them to acknowledge the reclassification. Legal advisors have cautioned federal workers that the order does not retroactively alter the procedural rights for any adverse actions or disciplinary measures that were already initiated prior to the position being placed into Schedule Policy/Career, though it immediately applies to any future actions.

Administration officials have framed the reclassification as a necessary restoration of democratic accountability. OPM Director Scott Kupor, in a call previewing the executive order, emphasized that the government requires a workforce willing and able to carry out the policy priorities of the elected leadership.

Kupor noted that while employees are entitled to their own political views, they cannot allow those views to interfere with the execution of lawful orders and directives. By converting these specific policy-influencing roles to at-will status, the administration asserts it is creating a mechanism to quickly remove individuals who actively undermine the president's agenda, rather than enduring a termination process that can traditionally take a year or more to navigate.[1]

Critics of the policy, including federal employee unions and good-government advocates, warn that the order effectively dismantles the century-old merit system designed to insulate government expertise from partisan politics. Everett Kelley, president of the American Federation of Government Employees (AFGE), argued that the loss of due process rights will create a chilling effect across the federal bureaucracy.

Without the protection of the MSPB, Kelley and other union leaders contend that career experts will be afraid to report waste, fraud, abuse, or mismanagement, fearing that any dissent could be framed as insubordination and result in immediate termination. Opponents characterize the move as a return to a "spoils system," where loyalty to the administration supersedes professional competence.[2]

A particularly contentious element of the new Schedule Policy/Career framework involves changes to whistleblower protections. Under the traditional civil service rules, federal employees who report misconduct or illegal activity can take their claims of retaliation to the U.S. Office of Special Counsel, an independent investigative body. For workers converted to the new schedule, that external avenue is closed.

Instead, whistleblower retaliation complaints will be referred internally to the employing agency's own general counsel for review. Legal advocates argue this internal grievance process presents a severe conflict of interest, as the same agency leadership accused of retaliation would effectively be tasked with investigating itself, further discouraging employees from speaking out against potential abuses of power.[2]

Despite the sweeping removal of procedural safeguards, legal experts note that reclassified employees are not entirely without recourse. Michael Fallings, an attorney specializing in federal employment law, pointed out that while Schedule Policy/Career workers lose their civil service appeal rights, they retain substantive legal protections under federal anti-discrimination laws.

Employees who believe they were terminated based on protected characteristics—such as race, gender, or religion—or who face retaliation for filing Equal Employment Opportunity (EEO) complaints can still pursue claims through those specific legal channels. However, navigating the EEO process is distinctly different from challenging a performance-based dismissal through the MSPB, leaving workers with a narrower and more complex path to contest adverse actions.

The implementation of the executive order has already triggered a wave of litigation aimed at halting the reclassifications. Democracy Forward, a legal advocacy organization, alongside a coalition of unions and environmental groups, is actively challenging the policy in federal court through the case PEER et al. v. Trump et al. The plaintiffs argue that the executive order exceeds the president's constitutional authority and violates the statutory due process protections guaranteed to federal workers by Congress.

As agencies scramble to meet the seven-day notification deadline, the pending lawsuits seek emergency injunctions to prevent the administration from officially stripping the 8,000 identified employees of their Title 5 rights while the broader legal questions are litigated.

Beyond the immediate legal and procedural battles, public administration scholars warn that the widespread use of at-will employment in the upper tiers of the federal government could severely degrade institutional memory. The GS-15 and Senior Leader positions targeted by the order are typically held by subject-matter experts who have spent decades mastering complex regulatory frameworks, scientific protocols, and grant-distribution networks.

If these roles become subject to high turnover with every change in presidential administration, agencies may struggle to maintain continuity in long-term projects, from environmental remediation to public health initiatives. Conversely, proponents maintain that injecting fresh, private-sector-style accountability into these roles will ultimately make the government more responsive and efficient, breaking through the bureaucratic inertia that often plagues federal agencies.

The Schedule Policy/Career conversion arrives amid a broader, aggressive push to downsize and restructure the federal government. Since October 2024, approximately 348,000 employees—representing more than 11 percent of the overall federal workforce—have left government service, driven by a combination of targeted payroll reductions, agency relocations, and shifting administrative priorities.

While the initial tranche of 8,000 reclassified workers is smaller than the 50,000 originally projected by OPM, the executive order explicitly directs the personnel agency to continue the transfer process, signaling that additional waves of conversions are likely in the coming months. For the career civil service, the June 3 directive marks a profound structural pivot, setting up a defining legal battle over the nature of government employment.[1][2]