By referring to “remote” work, the memo raised questions regarding its scope, since in federal government HR parlance, remote work is distinct from telework. Image: Tun Pichitanon/Shutterstock.com
UPDATED: OPM has told agencies to notify employees of their “intention to fully comply” with President Trump’s “return to in-person work” directive, adding that “OPM recommends that agencies set a target date of approximately 30 days” to be in compliance.
The guidance says that telework-eligible employees should be informed by close of business Friday (January 24) that they “must work full time at their respective duty stations unless excused due to a disability, qualifying medical condition, or other compelling reason certified by the agency head and the employee’s supervisor.”
Further, it states that “If an employee’s official duty station is more than 50 miles from any existing agency office, the agency should take steps to move the employee’s duty station to the most appropriate agency office based on the employee’s duties and job function.”
That apparently is directed toward the issue of employees receiving higher locality pay rates that are payable at their official duty stations even though they work in a lower-cost zone, typically from home. Several agency IG reports have found instances of that occurring, although they have not suggested that it is the widespread problem that many Capitol Hill Republicans have suggested in advocating for cutting back telework.
The guidance, on chcoc.gov, addresses—although not completely—issues that arose in the wake of Trump’s memo, which read in its entirety: “Heads of all departments and agencies in the executive branch of government shall, 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. This memorandum shall be implemented consistent with applicable law.”
By referring to “remote” work, the memo raised questions regarding its scope, since in federal government HR parlance, remote work is distinct from telework; the former is much less common than the latter and does not involve a requirement to regularly report to an agency worksite. The OPM guidance however clearly references telework.
The memo had meanwhile provided no standards for the exemptions it mentioned; the guidance adds only the not much more specific standard of “disability, qualifying medical condition, or other compelling reason.”
The memo further left open questions regarding bargaining agreements that contain provisions in which agencies committed to providing telework under certain circumstances. Those agreements are legally enforceable contracts—and unions have said they will exercise their legal rights to enforce them.
While the memo stated that return to in-person work policies are to be “implemented consistent with applicable law,” the guidance specifically notes that they are subject to “any collective bargaining obligations.” That could result in implementation differing between those covered by such contract and those who are not.
In cases where unions believe their contracts are being violated, they typically recommend that employees comply, then file grievances that the union would then pursue through the arbitration process and potentially then to the FLRA.
The White House provided little by way of explanation for the policy change except for a statement that “the President will also return federal workers to work, as only 6% of employees currently work in person.” That figure is in wide circulation among Capitol Hill Republicans even though a report from OMB last year showed that 54 percent of federal employees never telework—and that those who do are onsite on average more than 60 percent of their time, for an overall onsite presence of federal workers of about 80 percent of hours worked. Like those members of Congress, the statement also essentially equates offsite work to not working.
Several bills have been introduced in Congress to return telework to pre-pandemic levels and to impose other requirements, including electronic monitoring of employees’ work output. Sponsors are likely to continue pushing those measures, although they may be revised once more clarity emerges regarding the new policy’s impact.
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