On January 20, 2025, President Trump issued a Presidential Memorandum (PM) directing federal agencies to, as soon as practicable, take all necessary steps to terminate remote work arrangements and require employees to return to work in person at their respective duty stations on a full-time basis, provided that the department and agency heads shall make exemptions they deem necessary. On January 22, 2025, more detailed guidance was provided on the Return to Office through the Office of Personnel Management. The OPM guidance instructs agencies to revise their telework policies to require employees to work full time at their respective duty stations, unless excused from this requirement based on disability, qualifying medical condition, or other compelling reason certified by the agency head and the employee’s supervisor. OPM’s guidance recommends that agencies be in full compliance with the PM within 30 days.
Things to Keep in Mind
Communicate with Leadership
One of the first key things to keep in mind with the Return to Office order is to maintain open lines of communication with your supervisors and leadership. Every employee’s circumstances will be different and making sure to keep your supervisor and leadership informed of your specific situation and any barriers you may have for a Return to Office may help down the road in trying to obtain an exception to the requirement. Such exceptions will need to be based on compelling reasons and be approved by the employee’s supervisor and agency head. It is not yet clear what will qualify as compelling reasons, but one example that has been discussed pertains to military spouses who work remotely. It is likely that there will be other exceptions as well.
Medical Conditions, Disability, and Reasonable Accommodation
The OPM guidance instructs that employees can be excused from the Return to Work order based on disability or qualifying medical condition. For employees who already have such conditions on file with their agency and are working with Reasonable Accommodations in place, employees should make sure that these accommodations address telework or remote work to ensure that they remain in place as the Return to Office process unfolds. For those employees who have a disability or qualifying medical condition, but do not have a reasonable accommodation in place yet, the employees should work quickly to initiate those requests to seek accommodations that will address their specific conditions and needs. The Rehabilitation Act still protects reasonable accommodations that can include telework.
Union-Related Issues
Some employees who are members of bargaining units within federal agencies may be covered by previously negotiated collective bargaining agreements that address remote work and telework. Currently, it appears that OPM will not interfere with those agreements. However, it is likely that efforts may be taken to change those agreements. Such efforts will take time to unfold but employees should remain aware of their Union’s activities in this regard. Furthermore, the likelihood of litigation over many of these return to work orders by national unions remains high.
Avoidance of Discipline
Once deadlines are established for Return to Office, employees who fail to do so and are not on approved reasonable accommodations or who do not have an exemption based on compelling reason could run into disciplinary issues for failure to follow directives. In the event that such discipline is issued, employees should be cognizant of their rights to respond to such disciplinary actions and challenge those actions through established procedures.
Deferred Resignation
Federal employees were recently notified, on January 28, 2025, of an option for a deferred resignation. The deferred resignation instructs employees to make an election by February 6, 2025, and will theoretically provide employees with leave pay until September 30, 2025. For those employees who cannot physically return to the office, this may seem like a reasonable alternative. However, federal employees should be cautious of this program and seek legal advice before making any such election. The legal basis for the program is not clearly established which may subject the program to legal challenge. There is also the potential that the deadline could be extended or curtailed. It is just too soon to tell.
The program’s email also fails to provide much-needed clarity around how the program would be implemented, whether administrative leave would be utilized, who would be required to continue working, and how an election may impact an employee’s ability to transfer to a different position. Due to these various unknowns, employees should speak with experienced legal counsel before electing to participate.
Contact Us
It is important for a federal employee with telework issues or considering the deferred resignation issues to speak with counsel. Berry & Berry, PLLC represents federal employees in these types of federal employment issues and can be contacted at (703) 668-0070 or www.berrylegal.com to arrange for an initial consultation regarding these or other federal employment issues.
