Federal employee telework rules changed sharply on January 20, 2025, when a presidential memorandum made full-time, in-person work the default across the executive branch. Telework and remote work are still legally available, but only through specific exemptions: a disability accommodation, a qualifying medical condition, a collective bargaining agreement, a continuity-of-operations activation, or a “compelling reason” certified by your agency head.1The White House. Return to In-Person Work The Telework Enhancement Act of 2010 remains on the books, so the statutory framework is intact; what changed is the presumption sitting on top of it.
The 2025 Default and Who Can Still Qualify
The January 2025 memorandum directed every executive branch department and agency head to “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,” while authorizing agency heads to “make exemptions they deem necessary.”1The White House. Return to In-Person Work
OPM’s December 2025 Guide to Telework and Remote Work translates that flexibility into categories. The starting presumption is that you perform your entire biweekly work requirement at an agency worksite unless you qualify for an exemption based on a disability, a qualifying medical condition, or another compelling reason certified by the agency head.2U.S. Office of Personnel Management. Guide to Telework and Remote Work in the Federal Government The compelling-reason categories OPM identifies:
- Spouses of active-duty service members, disabled veterans with a 100 percent VA disability rating, or deceased service members.
- Foreign Service spouses under existing remote work agreements tied to an overseas assignment.
- Spouses of other federal employees, where agencies may allow limited exceptions when both spouses work in the same geographic area as the remote worksite.
- Employees with critical skillsets, where an agency wants to retain hard-to-replace expertise.
None of these exemptions is automatic. Each requires agency-head certification, and agencies retain discretion to grant or deny.2U.S. Office of Personnel Management. Guide to Telework and Remote Work in the Federal Government
Telework and Remote Work Are Not the Same Thing
OPM recognizes three arrangements, and the label attached to yours affects pay and what happens if the arrangement ends.
- Routine telework. You work from home on a regular, recurring schedule each pay period and report to your agency worksite on other days. Once your manager approves the schedule, individual telework days don’t need separate approval.
- Situational telework. You telework occasionally rather than on a set schedule. Your agency may require supervisor approval for each instance.
- Remote work. You are not expected to report to an agency worksite on a regular and recurring basis. Your home or other approved location is your worksite, which directly affects locality pay.
Routine and situational teleworkers typically keep the agency office as their official worksite, preserving whatever locality pay rate applies there. Remote workers have their home address as their official worksite, and locality pay adjusts accordingly. OPM guidance states that a remote work agreement must accurately document the employee’s worksite so locality pay can be determined correctly.4U.S. Office of Personnel Management. Is There a Difference Between Remote Work and Telework
Who Is Eligible and Who Is Barred
Eligibility turns on three things: whether your duties can be performed remotely, whether your performance record supports the arrangement, and whether you have disqualifying conduct on file.
Duties and Performance
The Telework Enhancement Act requires each agency head to determine the eligibility of every employee and notify them of their status.5Congress.gov. H.R. 1722 – Telework Enhancement Act of 2010 Positions requiring hands-on use of specialized equipment, classified material handling, or in-person public contact are generally ineligible. Agencies also weigh individual performance in approving or continuing telework, so employees on a performance improvement plan or with recent disciplinary issues may lose access. That decision belongs to management rather than being an automatic bar.
Two Statutory Bars
Two categories of misconduct trigger a telework prohibition under federal law, and neither is discretionary. An employee who has been officially disciplined for being absent without permission for more than five days in any calendar year cannot telework. The same prohibition applies to an employee disciplined for viewing, downloading, or exchanging pornography on a government computer or while performing official duties.6Office of the Law Revision Counsel. 5 USC 6502 – Executive Agencies Telework Requirement The statute sets no expiration date for either bar, making them effectively permanent once triggered.
Telework as a Disability Accommodation
The return-to-office directive does not override disability protections. Federal agencies remain legally required to provide reasonable accommodations to qualified employees with disabilities, and telework is one form that accommodation can take. Under the Rehabilitation Act, which incorporates the standards of the Americans with Disabilities Act, an agency must conduct an individualized assessment of whether your disability prevents you from performing your job on-site and whether the job can be done from home without significant difficulty or expense.7U.S. Office of Personnel Management. Reasonable Accommodations
A few nuances matter. Agencies cannot use a blanket approach to deny or revoke telework accommodations; each decision has to be fact-specific. If multiple accommodations would be effective, the agency chooses which one to provide, so an employer that previously granted telework voluntarily is not locked into continuing it when an equally effective alternative exists. Retaliation against an employee for requesting an accommodation is unlawful.8U.S. Equal Employment Opportunity Commission. Frequently Asked Questions From the Federal Sector About Telework Accommodations for Disabilities
Not every disability-related telework request will be granted, but every request must receive genuine consideration. A denial issued without individualized analysis is vulnerable to challenge through your agency’s EEO complaint process.
Locality Pay and Your Official Duty Station
Your locality pay depends on your official worksite, and there is a specific regulation that determines what that worksite is when you telework.
Under 5 CFR 531.605, if you are covered by a telework agreement and report to your regular agency worksite at least twice each biweekly pay period on a regular and recurring basis, that agency location remains your official worksite. Your locality pay stays tied to the office. An authorized agency official can make temporary exceptions to the twice-per-pay-period standard for situations like recovery from injury, emergency conditions that prevent commuting, extended approved leave, or temporary duty travel.9eCFR. 5 CFR 531.605 – Determining an Employees Official Worksite
If you don’t meet the twice-per-pay-period rule and no temporary exception applies, your official worksite shifts to your telework location. For remote workers, the home address is the official worksite by default. The financial shift can be substantial. The 2026 locality rate for the Washington-Baltimore-Arlington area is 33.94 percent above base pay,10U.S. Office of Personnel Management. Salary Table 2026-DCB so an employee whose duty station moves to a lower-cost area on the “Rest of U.S.” rate can lose several thousand dollars annually depending on grade and step.
Employees who relocate without updating their official duty station face a worse outcome: the agency can demand repayment of the locality pay difference for the period you were paid at the wrong rate. These determinations sit within the sole and exclusive discretion of the authorized agency official, subject to OPM review.9eCFR. 5 CFR 531.605 – Determining an Employees Official Worksite Expect also that if you are working remotely from a distance and get called back to the office, the agency generally will not cover your travel costs.
Data Security Duties at Home
Working from home does not relax federal data security rules. If your job touches personally identifiable information or Privacy Act records, you carry specific obligations beyond simply using a VPN.
You must get supervisor approval before working with Privacy Act records at a telework location, and you are not authorized to maintain a system of Privacy Act records at home. Hard-copy documents containing sensitive data have to be stored in locked cabinets or drawers when not in active use, and electronic files must be encrypted during storage and transmission. Screens should be locked whenever you step away, and sensitive documents should never be left visible to a family member or visitor.11U.S. Department of the Interior. Privacy Act and Protecting Information for Teleworkers
The consequences for mishandling protected information are serious. A knowing and willful unauthorized disclosure of Privacy Act records can result in a misdemeanor charge and a fine of up to $5,000. Even a negligent failure to safeguard sensitive data can lead to termination of your telework agreement and separate disciplinary action.11U.S. Department of the Interior. Privacy Act and Protecting Information for Teleworkers Suspected loss, theft, or compromise of sensitive data or government equipment goes to your supervisor and your agency’s IT security team immediately.
Emergencies Still Reactivate Telework
Even under the current in-person default, telework keeps a specific statutory role during emergencies. Each executive agency has to incorporate telework into its continuity of operations plan, and during any period when the agency is operating under that plan, the continuity plan supersedes normal telework policy.12Office of the Law Revision Counsel. 5 USC 6504 – Policy and Support Natural disasters, pandemics, and similar disruptions can reactivate telework arrangements regardless of the default requirement to report in person.
Union Agreements Can Change the Picture
If you’re in a bargaining unit, your collective bargaining agreement may contain provisions that affect your telework rights. Some master labor agreements include dedicated articles on telework establishing standardized request and approval forms, safety checklists, and management protocols that supplement or modify the agency’s general policy. The American Federation of Government Employees, the largest federal employee union, has negotiated telework provisions in agreements across multiple agencies.
Collective bargaining agreements can also provide a grievance pathway when a request is denied. Where a general telework policy gives management broad discretion, a negotiated agreement may require the agency to give a written explanation for denials or follow specific procedures before revoking an existing arrangement. If your agency is restructuring its telework program under the return-to-office directive, check whether your union has filed a grievance or unfair labor practice charge related to the changes.