The Trump administration has made major changes for employees in all three categories of the federal civil service:
- the Competitive Service
- the Excepted Service
- the Senior Executive Service (SES)
The three services differ in several important ways, including the hiring and selection process and employee rights. Keep reading for a brief overview of the federal civilian services.
Competitive Service
Most federal civil service positions in the executive branch are in the Competitive Service. The government uses a merit-based competitive process to fill Competitive Service positions. Applicants must meet strict qualification standards for education and years of work experience.
Competitive Service employees typically have a one-year probationary period. After completing probation, Competitive Service employees have job protections that do not apply to employees in the other services or to non-government employees. Most importantly, the government cannot remove, demote, or take certain other personnel actions against a Competitive Service employee without providing advanced written notice and an opportunity to respond. Similarly, the government must provide Competitive Service employees with an opportunity to demonstrate successful performance before removing them for unsuccessful performance.
Excepted Service
The competitive hiring process does not apply to Excepted Service positions. The government makes Excepted Service appointments for a variety of reasons, including:
- Giving certain candidates, such as Veterans and individuals with disabilities, a fair opportunity for employment
- Hiring political appointees and similar employees individuals who left the Senior Executive Service (SES) to GS-15 positions under Schedule B.
- Filling roles that agencies deem impractical to fill through the competitive process
Federal regulations categorize Excepted Service positions into “schedules:
- Schedule A: The most well-known use of Schedule A, which is synonymous with the term itself, is the appointment of individuals with disabilities. Agencies may use a non-competitive process to hire individuals who show proof of disability and are likely to successfully perform the vacant position. Additionally, the government can hire attorneys, certain physicians, and certain research associate positions under Schedule A.
- Schedule B: Narrower in scope than Schedule A, Schedule B includes certain “special executive development” positions. The government can also appointSchedule C: Schedule C includes positions “of a confidential or policy-determining character” that report directly to other employees. Schedule C employees are political appointees, including confidential assistants, policy experts, special counsel, and schedulers. However, Schedule C also includes certain specialized, non-policy support positions.
- Schedule D: Agencies can hire interns under the Pathways Program. The government uses Schedule D to hire students or recent graduates of qualifying educational institutions.
- Schedule E: The government uses Schedule E to hire administrative law judges through a non-competitive process.
- Schedule Policy/Career: On January 20, 2025, President Trump issued an Executive Order creating Schedule Policy/Career (PC), which is supposed to include jobs of a “confidential, policy-determining, policy-making, or policy-advocating character (policy-influencing positions).”
- Schedule G: On July 17, 2025, President Trump issued an Executive Order creating Schedule G, which is another avenue for the president to make political appointments.
The Excepted Service differs from the Competitive Service in other respects as well. In the Excepted Service, the probationary period may be up to two years. Even after completing probation, Excepted Service employees do not have the same rights as Competitive Service workers. They are not entitled to advanced written notice of removal, an opportunity to respond, or the right to appeal to the Merit Systems Protection Board (MSPB).
Senior Executive Service (SES)
The Senior Executive Service (SES) is above the GS-15 or equivalent level and includes most supervisory, management, and policy employees in the executive branch. Generally, SES employees report directly to presidential appointees, and they are responsible for directing the work of an organizational unit. However, the SES does not include positions that require presidential appointment and Senate confirmation or the following types of positions:
- Legislative or judicial branch
- Law enforcement, intelligence, Foreign Service, and jobs with certain other agencies
- Members of boards of contract appeal
- Independent government corporations and certain financial regulatory agencies
- Scientific and Professional (ST) personnel system
- Senior Level (SL) personnel system
There are four types of SES appointments:
- Career appointments
- Noncareer appointments
- Limited term appointments
- Limited emergency appointments:
An agency makes career appointments through a merit staffing process. Before an agency can make a career appointment, a Qualification Review Board convened by OPM must certify the candidate’s Executive Core Qualifications (ECQs):
- Leading change
- Leading people
- Results-driven
- Business acumen
- Building qualifications
The government can make noncareer or limited appointments without using merit staffing, as long as the candidate meets the qualification requirements. The government can also terminate such appointments with at least one day’s written notice.
Did your agency fire you from the federal civil service?
Alan Lescht and Associates, P.C., has extensive experience representing federal employees and applicants. If you are facing non-selection, removal, or another personnel action, we can advise you about the rights you have based on your federal civil service classification and the specific facts of your case. Contact us today to schedule a consultation with an experienced attorney to discuss your situation and learn how we can help you achieve the best possible outcome during this challenging time.
