The working environment for federal employees has undergone major transformations over the last few years. COVID-19 prompted a wide-scale shift to remote work, redefining how government agencies operate. Now, with a new return-to-office (RTO) mandate in effect, many federal employees must adjust again to a predominantly in-person work environment. This blog will explore the history of remote work in the federal government, the current state of telework policies, and the rights and considerations that federal employees should keep in mind during this transition.
History of Remote Work and COVID-19 Impact
Before the pandemic, telework was a growing but supplementary option for federal employees. The COVID-19 outbreak in early 2020 necessitated an unprecedented shift to remote work to ensure public health and safety while maintaining government operations. This period demonstrated the viability of telework across multiple sectors, including government, establishing it as a flexible and efficient solution to workplace needs.
Federal Workforce Telework At a Glance
Until recently, the federal government embraced a hybrid work model, combining remote and in-person work. According to 2024 data from the Office of Management and Budget (OMB):
- 54% of federal employees work purely in person due to their job requirements.
- 46% of employees are eligible for telework, with an average of 60% of work hours completed on-site.
- Around 10% of federal employees work entirely remotely.
The OMB report highlights that many agencies meet or exceed the administration’s guidelines, which encourage a balance between in-person and remote work. However, President Donald Trump’s executive order on January 20 has shifted policies toward reducing telework opportunities, with an Office of Personnel Management (OPM) memo pushing for full implementation within 30 days. Although exemptions are available for certain cases, agencies are largely expected to comply aggressively with the in-person mandate.
The OPM Directive and What It Means
The OPM memo directed agencies to end remote work arrangements and ensure most federal employees return to in-person work. Agencies face tight timelines to solidify these changes, raising concerns for employees with specific health, geographic, or personal challenges. This order also underscores the administration’s harder stance on in-office presence, aiming to improve government efficiency, real estate utilization, and service delivery.
Despite the directive’s rigidity, existing laws and policies continue to provide avenues for flexibility, especially for employees with specific needs. Now more than ever, employees must fully understand their rights and legal protections.
Considerations for Federal Employees
Legal Rights Under the Rehabilitation Act and ADA
Federal employees are protected under the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). These laws require federal agencies to provide reasonable accommodations to qualified individuals with disabilities, so long as doing so does not cause undue hardship to the agency. Examples of reasonable accommodations include:
- Hybrid work schedules.
- Continued remote work agreements.
- Adjusted work hours or responsibilities.
- Ergonomic office modifications or workspace adjustments.
Federal employees who believe their accommodation requests have not been granted have legal avenues for recourse, such as filing a complaint with their agency’s Equal Employment Opportunity (EEO) office or the Equal Employment Opportunity Commission (EEOC).
Navigating Reasonable Accommodation Requests
If you require accommodations to comply with the return-to-work order, here’s how you can initiate the process:
- Submit a Written Request – Outline your requested accommodations and the reasons behind them.
- Provide Supporting Medical Documentation – Be prepared to submit evidence of your condition or requirements.
- Engage in the Interactive Process – Collaborate with your agency to identify potential solutions.
- Formal Decision – Agencies must provide a structured response, approving or denying the request along with explanations.
If denied, employees have the right to file EEO complaints and pursue appeals to protect their workplace rights.
Deferred Resignation Policy
Under the Trump administration’s return-to-work directive, a deferred resignation policy was also introduced. This allows employees to voluntarily resign by a specific date in exchange for up to eight months’ salary without returning to in-person work. While this option may appeal to some, employees should not feel pressured to resign if they require accommodations. Such situations may present grounds for grievances or legal challenges.
Other Considerations for Federal Employees
Returning to in-person work may not be a seamless transition for everyone. Below are vital factors federal employees should keep in mind:
1. Employee Rights
Federal employees are protected under the Rehabilitation Act and the Americans with Disabilities Act (ADA). These laws prohibit discrimination based on disability and require federal agencies to provide reasonable accommodations where necessary. This might include telework arrangements, hybrid schedules, alternative locations, or modified work hours.
2. Reasonable Accommodations
If you have a legitimate medical condition or disability, you can formally request workplace accommodations. Examples include:
- Continued telework or hybrid arrangements.
- Physical workspace adjustments to ensure accessibility.
- Adjusted schedules to accommodate medical needs.
- Extended leave options as reasonable accommodations.
Employees must engage in an interactive process with their agency and submit necessary documentation to validate their requests.
3. Deferred Resignation Program
The deferred resignation policy introduced alongside the return-to-work order provides eligible employees with up to eight months of salary upon voluntary resignation. While this might appeal to those departing federal service, employees requiring accommodations should not feel forced into resignation. Explore all legal options before making a decision.
4. Legal Recourse
Employees denied accommodations or facing discrimination can file complaints with:
- Equal Employment Opportunity (EEO) offices in their agencies.
- The Equal Employment Opportunity Commission (EEOC).
- Legal counsel specializing in federal employment matters to protect their rights.
Summary
The return-to-work order brings renewed focus on how federal employees and agencies balance operational needs with individual rights. While the move toward in-person work is mandatory for many, laws like the Rehabilitation Act and ADA ensure fair treatment and accommodations for eligible employees.
Employees should remember:
- They hold rights and agency in navigating return-to-work orders.
- Legal recourse and workplace accommodations remain viable.
- Clear communication with HR departments and legal professionals can resolve issues effectively.
Federal employees transitioning to in-person work should familiarize themselves with their rights and options and communicate openly with their agencies. Whether you’re exploring accommodations or considering the deferred resignation program, understanding the full scope of available resources is critical.
If you’re a federal employee seeking guidance or experiencing challenges with the return-to-work transition, contacting an experienced federal employment attorney may help secure your rights and peace of mind.
How long have employees of federal agencies worked remotely?
Before the pandemic, telework was a growing but supplementary option for federal employees. The COVID-19 outbreak in early 2020 necessitated an unprecedented shift to remote work to ensure public health and safety while maintaining government operations. This period demonstrated the viability of telework across multiple sectors, including government, establishing it as a flexible and efficient solution to workplace needs.
What was the previous telework policy for federal workers?
Until recently, the federal government embraced a hybrid work model, combining remote and in-person work. According to 2024 data from the Office of Management and Budget (OMB):
- 54% of federal employees work purely in person due to their job requirements.
- 46% of employees are eligible for telework, with an average of 60% of work hours completed on-site.
- Around 10% of federal employees work entirely remotely.
The OMB report highlights that many agencies meet or exceed the administration’s guidelines, which encourage a balance between in-person and remote work.
When did work from home end for federal employees?
President Donald Trump’s executive order on January 20th has shifted policies toward reducing telework opportunities, with an Office of Personnel Management (OPM) memo pushing for full implementation within 30 days. Although exemptions are available for certain cases, agencies are largely expected to comply aggressively with the in-person mandate.
What was the new OPM memo on remote work for employees of federal agencies?
The OPM memo directed agencies to end remote work arrangements and ensure most federal employees return to in-person work. Agencies face tight timelines to solidify these changes, raising concerns for employees with specific health, geographic, or personal challenges. This order also underscores the administration’s harder stance on in-office presence, aiming to improve government efficiency, real estate utilization, and service delivery.
Despite the directive's rigidity, existing laws and policies continue to provide avenues for flexibility, especially for employees with specific needs. Now more than ever, employees must fully understand their rights and legal protections.
Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as financial advice. While we strive to provide accurate and up-to-date information, the content may not always reflect the most current developments. Readers are encouraged to conduct their own research and due diligence before making any decisions regarding their employment.