President Trump’s new mandate ending remote work for most federal employees has recently rocked the federal workforce. Although Trump had long suggested this was a priority for his administration, many federal employees are confused and concerned about what the return to in-person work executive order means in practice.
This blog post will address common questions about the Trump executive order to return to work. We’ll unpack the order’s details, explain the transition timeline, and discuss any exemptions from the mandate.
What Does the Return to Work Order Say?
On his first day in office in 2025, President Trump issued a mandate directing all federal departments and agencies to take steps to end remote work arrangements. The order specifies that agency leaders should “require employees to return to work in person at their respective duty stations on a full-time basis” unless they have legitimate reasons for exemption under existing law.
According to a report by the Office of Management and Budget, in May 2024, 1.1 million federal civilian employees were eligible for work arrangements that allowed them to do their jobs partly or entirely away from their work site. Of those employees, around 228,000 occupied remote positions where they were not expected to report to a physical location.
This new directive marks a significant shift from the Biden administration’s approach, which embraced flexible work arrangements and expanded telework options for federal employees.
When Does the Return to In-Person Work Executive Order Take Effect?
President Trump’s return to work order officially went into effect on January 20, 2025, when it was issued. According to guidance from the Office of Personnel Management (OPM), agencies had until 5:00 p.m. EST on January 24, 2025, to take the following steps toward complying with the mandate:
- Notify employees about the new return-to-work requirement;
- Update telework policies to require full-time, in-person work unless an exemption applies; and
- Assign a Telework Managing Officer to ensure compliance with the order.
Under OPM’s guidance, agencies will aim to fulfill the order’s requirements within 30 days. However, some flexibility with this timeline is possible for federal employees covered by collective bargaining agreements and other exceptional agency circumstances.
Who Is Included in the Executive Order to Return to Work?
The original order specifically addresses employees of “all departments and agencies in the executive branch of Government” engaged in any “remote work” arrangement. This includes any employees who work entirely from an alternative worksite and are not expected to report to agency locations.
However, the OPM guidance clarifies that the president’s mandate also applies to federal employees performing “telework.” In the past, OPM allowed employees with telework arrangements to “report to work both at an agency worksite and alternative worksite on a regular and recurring basis each pay period.” Now, federal employees who’d previously had authorization for full—or part-time telework will also be expected to return to in-person duties.
Are There Any Exceptions to the Federal Employee Return to Work Executive Order?
The president’s mandate does include some exceptions. Certain employees may continue working remotely if they qualify for an exemption under federal law or agency policy. These exemptions include:
- Disability accommodations. Under the Rehabilitation Act of 1973, agencies must provide reasonable accommodations for federal employees with disabilities. If an employee’s disability prevents them from commuting or working in person, they may request an accommodation to continue teleworking.
- Qualifying medical conditions. Employees with chronic or serious health conditions that make commuting unsafe may qualify for an exemption under the Family and Medical Leave Act (FMLA) or agency-specific policies. Medical conditions such as immunodeficiency disorders, severe respiratory illnesses, or recovery from surgery may justify continued telework with proper medical certification.
- Military or foreign service spouses. Many federal employees are spouses of active-duty military members or U.S. foreign service members who must work remotely because of their partner’s job. OPM clarified that these employees are exempt from the return to work mandate.
- Other reasons approved by the employer. The order still allows agency heads some discretionary authority to grant exemptions for compelling personal or professional reasons. For example, an employee who serves as a primary caregiver for a dependent with special needs may receive permission to continue remote work if no reasonable alternative exists.
If you believe you qualify for an exception, it is crucial to communicate with your agency and understand your rights. A lawyer experienced in federal employment law can help assess your situation and ensure the proper handling of your request.
Proud Advocates for the Rights of Federal Employees
Federal employees are understandably concerned about the impact of this executive order on their careers and personal lives. If you have questions about your rights, exemptions, or potential legal challenges, the Federal Employment Law Firm of Aaron D. Wersing PLLC is here to help.
Our team understands the complexities of federal employment law and can help you navigate exemption requests, disability accommodations, and union protections. Additionally, if you experience retaliation for requesting an exemption or challenging the order, you may have legal recourse under federal whistleblower protections and anti-retaliation laws. Contact our office today to learn more about your rights and how we can help.
Resources:
- U.S. Office of Personnel Management, Frequently Asked Questions, “Is there a difference between remote work and telework,” link.
- U.S. Office of Personnel Management, Guidance on Exempting Military Spouses and Foreign Service Spouses form Agency Return to Office Plans, link.
Aaron Wersing, Attorney at Law
Aaron Wersing is the founder of the Law Office of Aaron D. Wersing. Mr. Wersing graduated from the Georgia State University College of Law with a Doctorate in Jurisprudence and was the recipient of the CALI Excellence for the Future Award. Mr. Wersing previously attended the University of Georgia, where he received a Bachelor of Business Administration degree in Accounting. Mr. Wersing is an active member of his local community. Mr. Wersing acts as a volunteer attorney with Houston Volunteer Lawyers, the pro bono legal aid organization of the Houston Bar Association. He is also a member of professional legal organizations such as the National Employment Lawyers Association and the American Inns of Court. To reach Aaron for a consultation, please call him at (833) 833-3529.
Rate this Post
Loading...