Telework? Remote Work? What are my rights as a Federal Employee?
Over the past 15 years, the Federal Government has prioritized flexibility in telework and remote work arrangements with its employees, including by passing the Telework Enhancement Act of 2010. Many employees are eligible for and take advantage of partial or full telework or remote work through their Agencies’ policies and procedures. However, with President Trump’s 2025 “Return to Work In-Person” memorandum, Federal employees should expect to see a reduction in the availability of telework and remote work. While Federal Agencies are required to have policies and procedures outline eligibility for telework, these policies are subject to change.
Federal employees are generally not entitled to telework or to work remotely unless they are covered by a Collective Bargaining Agreement that provides for telework or remote work.
However, if you are disabled and need telework or remote work in order to perform the essential functions of your position, you may be entitled to a reasonable accommodation of telework under the Rehabilitation Act. If you have questions about requesting a reasonable accommodation of telework, our attorneys may be able to assist you.
If you already have telework or remote work as a reasonable accommodation for your disability, you should still be entitled to that accommodation. An Agency may in some circumstances be able to ask for you to re-certify your need for an accommodation but should not harass you about your accommodation or medical documentation. If you have issues with your existing accommodation of telework or remote work, contact our attorneys to discuss your rights.
Further, Agencies cannot apply any return-to-work policies in a discriminatory manner, nor can they use these policies to retaliate against employees who have engaged in protected EEO activity. Federal law prohibits discrimination on the basis of sex (including pregnancy, childbirth, and related conditions, sexual orientation, and gender identity), color, religion, sex, national origin, age, disability, marital status, and political affiliation. If you believe that your telework or remote work agreement was rescinded for a discriminatory or retaliatory reason, contact our team to discuss your situation.
If cancellation of your remote work agreement requires the Agency to change your duty station, the Agency may be required to pay relocation expenses or adjust your salary based on that change of duty station. Our attorneys may be able to assist you with determining whether you qualify for such benefits.
Changes are coming to the Federal sector regarding telework and remote work. Our team is here to help you navigate these changes and protect your rights as a Federal Employee.
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