State Department expands push to reclassify employees as at-will workers

The State Department is taking another look at its workforce to see if more employees should fall under a new governmentwide designation that makes them easier to fire. Agency officials are expanding their search for employees to reclassify as at-will workers under the Trump administration’s new Schedule Policy/Career designation for the federal workforce.

President Donald Trump signed an executive order in June that officially reclassified 8,000 federal employees into Schedule Policy/Career, a rebranding of the Schedule F designation that Trump pursued in his first term, but did not implement before leaving office. 

Employees placed into the new schedule would no longer be able to challenge adverse personnel actions before the Merit Systems Protection Board, and whistleblower complaints filed by Schedule P/C employees would be investigated by their own agency, rather than the Office of Special Counsel.

The Office of Personnel Management previously estimated that about 50,000 federal employees would fall under this new job category. But an OPM spokesperson said in June that the administration chose to instead focus on “the most senior-level career policy officials.” 

The State Department’s actions suggest that its initial reclassification of employees fell short of the White House’s expectations, and other agencies may take a similar approach. NOTUS first reported that the Trump administration is directing agencies to find more federal employees to convert to Schedule P/C. 

A spokesperson for the foreign policy agency declined to comment on “internal deliberative personnel matters.” 

One State Department employee told Government Executive that human resources officials are using a short questionnaire to determine if GS-13 and GS-14 level employees are working in policymaking positions that should be reclassified to Schedule P/C. 

“It is not clear how many ‘yes’ responses would trigger a new Schedule P/C status,” the employee said.

The questionnaire asks if a position “formulates, develops and/or determines foreign policy, including creation of draft documents with policy recommendations," or "develops or reviews non-public Executive Orders, regulations, directives, policy memoranda, or deliberative materials protected by the deliberative process privilege regarding foreign policy." 

Other screening questions ask if an employee “provides substantive advocacy of foreign policy,” or represents the department before Congress, the Office of Management and Budget, foreign governments or external organizations regarding the administration’s foreign policy. 

The questionnaire asks if an employee “publicly advocates Administration foreign policy through official communications or media engagement” or “exercises delegated authority to commit or bind the Department to policy decisions." 

The department is also looking for positions that conduct official bargaining or negotiations on behalf of the department, or whether an employee “performs statutory policy-making responsibilities." 

The State Department has already shifted supervisory foreign affairs officers and specialists, as well as other senior-level positions, to Schedule Policy/Career. 

A second State staffer said the department is still in the early stages of its expanded search for Schedule P/C conversions, but added that this work is “moving relatively fast.” Staff have been directed to update to their position descriptions to ensure they reflect the full scope of their responsibilities. 

“GS-13s, I don’t think, are typically in a position that you’re going to think of as a senior policymaking position,” the employee said. “I was surprised, personally, to see positions that junior given this designation.” 

A senior administration official told reporters in June that 97% of employees that fall under Schedule Policy/Career are at a GS-15 level or higher. The official said a “small number” of GS-13 and GS-14 employees were also converted, but that most of them work at OMB. 

“Outside of OMB, there are very, very few positions that are below the level of GS-15 that are being covered,” the administration official said. “The bottom line is that almost all of these are very senior positions in the federal government.”

The administration official said Schedule Policy/Career would “increase the accountability of officials who are responsible for carrying out the elected president’s policy agenda,” but would have little day-to-day impact on reclassified employees. 

“As long as they’re performing their job duties in a competent, professional manner, they have nothing to be afraid of,” the official said. 

The second State Department employee said Schedule P/C’s impact on the workforce has not yet been fully felt, but suggested that newly at-will employees may be reluctant to offer candid feedback on policy matters. 

“If you convert my position to a position that can be expeditiously removed, I’m going to more carefully tailor what I’m saying,” they said. “Its practical effect, I think it’s safe to assume, is that it will reduce people’s willingness to give advice or offer policy positions that are inconsistent with the direction of the administration.” 

A third individual said the department has started reviewing GS-13 and GS-14 positions for “possible conversion to Schedule Policy/Career.” 

“That process has resulted in a hold on reclassifying any of the thousands of GS-13 and 14 positions, which an office or bureau might otherwise do from time to time to align position grades with updated responsibilities,” the individual said. 

OPM's guidance to agencies states that many aspects of federal employment – including rules around pay, leave, benefits and reductions in force – remain unchanged for those moved to Schedule P/C. OPM also included a sample termination notice agencies may use when firing Schedule P/C employees. In the template, agencies may specify “unacceptable performance or misconduct” as justification for an employee's termination.