On January 20, 2025, President Trump’s first day in office during his second term, he issued a memorandum that states, in full:
“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.”
With these two sentences, President Trump upended normal life for approximately 10 percent of the federal workforce. While affected federal employees may have hoped that the Office of Personnel Management (OPM) would take a measured approach to requiring in-person work, any such hopes were dashed when the OPM issued a memorandum of its own providing guidance on President Trump’s memorandum two days later. This memorandum states, in part:
“President Trump was elected with the mandate to increase the efficiency and accountability of the federal workforce. A glaring roadblock is that most federal offices presently are virtually abandoned. . . . Federal office buildings sit mostly empty . . . devastating the local economy and serving as a national embarrassment. Virtually unrestricted telework has led to poorer government services and made it more difficult to supervise and train government workers.”
The OPM’s memorandum goes on to state, “[t]he only way to get employees back to the office is to adopt a centralized policy requiring return-to-work for all agencies across the federal government.” Regardless of the accuracy of the statements in the OPM’s memorandum, requiring in-person work is now federal policy, and federal employees who have become accustomed to working from home must now deal with the consequences.
Remote Work vs. Telework: Does It Matter?
President Trump’s memorandum on returning to in-person work specifically references terminating “remote work” arrangements. On November 22, 2024, the U.S. Government Accountability Office (GAO) published a report that states:
“Remote work is a work arrangement where an employee performs work from an alternate worksite (generally the person’s residence) and is not expected to report to an agency location on a regular and recurring basis. It is distinct from telework, where workers are expected to report to an agency location on a regular basis and have regularly scheduled days where they work from an alternate worksite.”
Does this mean that you are spared from the new policy if you are a federal teleworker? Unfortunately, despite the imprecise working in President Trump’s memorandum, the answer appears to be, “No.” The OPM’s memorandum directed all federal agencies to take the following steps by January 24, 2025:
- “The agency head or acting agency head should revise their agency’s telework policy issued under 5 U.S.C. § 6502(a)(1)(A) to state that eligible employees 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.”
- “The agency head or acting agency head should email all employees notifying them of President Trump’s [memorandum] . . . and notify employees of the agency’s intention to fully comply . . . .”
- “The agency should notify OPM of the agency’s Telework Managing Officer, and assign that individual responsibility for complying with the guidance herein.”
The OPM’s memorandum then goes on to state that agencies should advise the OPM of when they will be in compliance with “the new telework policy.” Thus, it is clear that the OPM is using remote work and telework interchangeably, and all federal employees are expected to begin or resume in-person work unless they receive an exemption for a “compelling reason.”
What if Your “Duty Station” is Not at an Agency Office?
Both President Trump’s memorandum and the OPM’s memorandum state that non-exempt federal employees must work at their assigned “duty stations.” However, the OPM’s memorandum also goes further, apparently requiring federal agencies to consolidate their physical footprints with “a target date of approximately 30 days for full compliance.”
According to the OPM’s memorandum, “[i]f 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.” In other words, not only are the vast majority of federal employees required to return to in-person work, but many federal employees may now be required to relocate or travel even farther to a new in-person work location.
What if You Have a Collective Bargaining Agreement (CBA) that Permits Remote Work or Telework?
If you have a collective bargaining agreement (CBA) that permits remote work or telework, this may protect you against having to return to in-person work. The OPM’s memorandum advises federal agencies that their obligation to implement full compliance is “subject to any exclusions granted by the agency and any collective bargaining agreements.”
Can You Be Fired from Your Federal Job for Refusing to Return to the Office?
Does all of this mean that you can be fired from your federal job if you refuse (or are unable) to return to the office? Unfortunately, the answer may be “Yes.” Failing to report to your assigned work location can be classified as absence without official leave (AWOL), which is a form of misconduct that can serve as grounds for removal.
With that said, if you are able to secure an exemption or are protected under a CBA, then you should not be at risk of termination. Additionally, if you face removal, you could potentially have a variety of claims and defenses available depending on the specific circumstances involved. In any case, it will be important to ensure that you are making informed decisions; and, if you have questions, you should consult with a federal employment attorney promptly.
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