On February 12, 2025, the Office of Personnel Management issued a third guidance memorandum on return-to-the-office requirements for federal civil service employees, a policy previously discussed in this blog.
The new guidance memorandum provides further guidance on the second exception to return to the office requirements identified in OPM’s January 27, 2025 memorandum: 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. OPM clarified that the exemption applies not only to spouses of active duty military officers (other than certain reservists), but also to certain spouses of disabled or deceased military officers as well.
OPM also announced a third exception to the return-to-the-office requirements: spouses of overseas-deployed Foreign Service Officers (FSOs) hired under 22 U.S.C. § 4026(b). OPM clarified that such FSO spouses can still be hired for remote work positions, pursuant to the statute.
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.