On January, 27, 2025, the Office of Personnel Management issued a second guidance memorandum on return-to-the-office requirements for federal civil service employees, a policy previously discussed in this blog.
The new guidance memorandum identified a new express second exception to return to the office requirements: spouses of military officers in civil service positions who are appointed to a remote work position under the Military Spouse Employment Act, 5 U.S.C. § 3330d. This exception is in addition to exceptions for disabilities, as noted in the original January 22, 2025 guidance memorandum. The new guidance memorandum also indicated that the Administration is considering in some circumstances potentially having agencies assigning employees returning to the office from remote work to workstations physically located at federal offices for agencies other than the employees’ employing agency. The guidance memorandum prioritized return to the office for employees at agencies’ headquarters and those able to return to in-office work “expeditiously,” and recognizing that there may be a need to phase in return of those remote workers locate more than 50 miles from any of their employing agency’s facilities. The memorandum further directed agencies to “consider grouping organizations and employees based on like duties and job functions, where possible.” Agencies are required to submit their return to office plans for review by February 7, 2025. The return to office plans are also supposed to identify proposed additional categories of employees who the agencies wish to permit to exempt from return-to-office requirements, and identify impediments delaying implementation of return to the office (for example, budgetary constraints or lack of suitable office space in present agency facilities).
If you are a federal employee with a disability which prevents you from successfully performing your job on-site or otherwise have concerns about these changes in telework and remote work policy, and wish to discuss your rights, consider contacting Gilbert Employment Law, P.C. to request an initial consultation.