01-28-2025

Return to In-Person Work

MemorandumView the Original .pdf
View the Original .pdf

The 1-Minute Brief

What: A Presidential Memorandum issued on January 20, 2025, directs all executive branch departments and agencies to end remote work arrangements and require federal employees to return to their physical duty stations on a full-time basis. Agency heads are granted authority to make necessary exemptions.

Money: As an executive directive, there is no official Congressional Budget Office (CBO) score. The stated goal is to increase government efficiency, which proponents argue will save taxpayer money. However, ending telework could also lead to new costs, including expenses related to relocating employees, while pausing potential savings from reducing federal office space. Opponents argue it may increase costs by harming recruitment and retention, requiring more spending on hiring and training.

Your Impact: The most direct effect is on the federal workforce. Over one million telework-eligible employees, including approximately 228,000 who were fully remote, will be required to work in-person full-time, significantly altering their work-life balance and personal finances.

Status: The memorandum was issued on January 20, 2025, and is currently being implemented by federal agencies. The Office of Personnel Management (OPM) has issued guidance recommending a 30-day target for full compliance.

What's Actually in the Bill

This Presidential Memorandum is a direct order to the leadership of the executive branch to end the widespread use of remote and hybrid work that became common during and after the COVID-19 pandemic. It reverses the policies of the previous administration, which had encouraged flexible work arrangements as a tool for talent management.

Core Provisions:

  • All remote work arrangements for executive branch employees must be terminated "as soon as practicable."
  • Employees are required to return to work in-person at their assigned duty stations on a full-time basis.
  • Heads of departments and agencies are authorized to grant exemptions as they "deem necessary."
  • Follow-up guidance from the Office of Personnel Management (OPM) clarifies that exemptions may be made for disabilities, qualifying medical conditions, or other "compelling reason[s]."
  • If an employee's official duty station is more than 50 miles from any agency office, the agency is directed to move the duty station to an appropriate office.
  • The directive must be implemented consistent with "applicable law," which may include existing collective bargaining agreements.

Stated Purpose (from the Sponsors):

The administration's stated goal for this policy is to increase the efficiency and accountability of the federal workforce.

  1. Proponents argue that a centralized, in-person work policy is necessary because previous efforts to encourage a return to the office were unsuccessful.
  2. A key objective is to reduce the size of the federal workforce through voluntary attrition, as officials anticipate many employees will resign rather than return to the office.

Key Facts:

Affected Sectors: Federal Government (Executive Branch).
Timeline: Agencies were directed to begin implementation immediately, with OPM recommending full compliance within approximately 30 days of the January 22, 2025, guidance.
Scope: The order applies to the entire executive branch workforce, which includes over 2 million civilian employees across all 50 states.

The Backstory: How We Got Here

Timeline of Events:

Pre-Pandemic Era (2010s):

Telework was a slowly growing but limited practice in the federal government. The Telework Enhancement Act of 2010 required agencies to establish policies allowing eligible employees to work remotely, primarily to ensure continuity of operations during emergencies. However, management culture was often resistant, and before 2020, only a small fraction of the workforce teleworked regularly.

The COVID-19 Pandemic (2020-2022):

In March 2020, the federal government shifted to a "maximum telework" posture to slow the spread of the virus and maintain government functions. This forced a rapid technological and cultural adaptation, proving that large parts of the federal workforce could operate remotely. Studies from this period showed that productivity was generally maintained or even improved.

The Hybrid Era (2022-2024):

Following the immediate crisis, the Biden administration advocated for a "substantial increase" in in-person work but also embraced flexible schedules as a permanent tool for recruitment and retention. This led to a hybrid model where many employees split their time between home and the office. This approach, however, faced growing criticism from Republicans in Congress, who cited low office occupancy rates and alleged drops in public service quality. Bills like the SHOW UP Act were introduced to force a return to pre-pandemic telework levels.

Why Now? The Political Calculus:

  • Change in Administration: The memorandum was issued on the first day of the new presidential administration, signaling a sharp policy reversal and a fulfillment of campaign promises to overhaul the federal bureaucracy.
  • Push for a Smaller Government: Proponents of the order, including the newly created Department of Government Efficiency (DOGE), have explicitly stated that a primary goal is to induce a "wave of voluntary terminations" to shrink the federal workforce without resorting to layoffs.
  • Economic and Social Pressure: The move is also a response to pressure from business leaders and politicians in cities like Washington, D.C., who have suffered from reduced commuter traffic and want federal workers back in offices to revitalize urban economies.

Your Real-World Impact

The Direct Answer: This directly affects a specific group: the nearly one million federal employees who telework, and most acutely, the hundreds of thousands who work fully remotely.

What Could Change for You:

Potential Benefits:

  • For citizens who prefer face-to-face interactions, the return of federal employees could make in-person government services more accessible.
  • Local economies in areas with a high concentration of federal offices, particularly Washington, D.C., may see a significant boost in revenue for restaurants, retail, and public transit.

Possible Disruptions or Costs:

Short-term (First 3 months):

  • Federal employees face an abrupt change in work-life balance, the loss of flexibility, and the reintroduction of commuting times and costs.
  • A potential surge in resignations could lead to "brain drain" and staffing shortages at key agencies, possibly slowing down government services.

Long-term:

  • The federal government may become less competitive in attracting and retaining top talent, as the private sector continues to offer more flexible work arrangements.
  • Employees who were hired for remote positions from across the country may be forced to relocate or resign.

Who's Most Affected:

Primary Groups: Federal employees, especially those with long commutes, caregiving responsibilities, or disabilities for whom telework was a critical accommodation. Military spouses, who often rely on remote work due to frequent relocations, are also heavily impacted.
Secondary Groups: Families of federal workers, public transit authorities, and businesses in and around federal office buildings.
Regional Impact: While felt nationwide, the Washington, D.C. metropolitan area will see the most significant impact due to the high concentration of federal headquarters and workers.

Bottom Line: For a large segment of the federal workforce, this directive means a sudden and potentially costly return to a pre-pandemic work model, forcing major life and financial adjustments.

Where the Parties Stand

Republican Position: "Return to Work, Cut the Waste"

Core Stance: The GOP strongly supports ending widespread federal telework, viewing it as a necessary step to restore government accountability, improve services, and reduce the federal workforce.

Their Arguments:

  • ✓ Ending telework will increase productivity and allow managers to oversee their employees properly.
  • ✓ It will force "unproductive" employees to resign, achieving the goal of shrinking government through attrition.
  • ✗ They reject the idea that remote work is efficient, framing it as a pandemic-era privilege that taxpayers should no longer fund.

Legislative Strategy: Having previously passed legislation like the SHOW UP Act in the House, Republicans are now using the executive power of the presidency to implement this policy directly and rapidly.

Democratic Position: "Flexibility is a Strength"

Core Stance: Democrats generally view telework as a modern and effective tool for government operations and talent management.

Their Arguments:

  • ✓ Telework is a crucial tool for recruiting and retaining skilled workers who have more flexible options in the private sector.
  • ✓ It improves employee morale and is essential for continuity of operations during emergencies.
  • ✗ They oppose a rigid, one-size-fits-all mandate and view the forced return-to-office as a politically motivated attack on the civil service.

Legislative Strategy: Their strategy is largely defensive, focused on highlighting the negative impacts of the policy on government services and working with federal employee unions to explore legal challenges based on existing contracts and labor laws.

Constitutional Check

The Verdict: ✓ Constitutional

Basis of Authority:

The President's directive is based on their authority as the head of the executive branch under Article II of the Constitution. This includes the power to supervise the officers and employees of the executive branch to ensure that laws are faithfully executed.

Article II, Section 1, Clause 1 (Vesting Clause): "The executive Power shall be vested in a President of the United States of America."

Constitutional Implications:

Executive Power: The President has broad authority to set workplace policies for the federal government's executive branch employees. This memorandum is a standard exercise of that executive management authority.
Precedent: Presidents have historically issued executive orders and memoranda to manage the civil service. This action is consistent with that precedent.
Federalism: This directive applies only to federal executive branch employees and does not intrude upon powers reserved to the states.

Potential Legal Challenges:

Legal challenges are unlikely to succeed on constitutional grounds. However, they are expected on statutory and contractual grounds:

  • Collective Bargaining: Federal employee unions are expected to file lawsuits and grievances, arguing the directive unilaterally and illegally overrides negotiated labor agreements that permit telework.
  • Reasonable Accommodation: Employees with disabilities who have telework as an approved reasonable accommodation under the Rehabilitation Act may challenge its revocation as discriminatory.
  • Administrative Procedure Act: Opponents may argue that such a drastic policy change requires a more formal rulemaking process, though this is a difficult argument to win against a direct presidential memorandum.

Your Action Options

TO SUPPORT THIS BILL

5-Minute Actions:

  • Contact the White House: Express your support for the return-to-office policy for federal employees. You can use the White House comment line or website.
  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I support the President's action to require federal employees to return to the office."

30-Minute Deep Dive:

  • Write a Detailed Email: Send a message to the Office of Personnel Management (OPM) and the leaders of congressional oversight committees expressing support for the policy's goals of efficiency and accountability.
  • Support Advocacy Groups: Organizations critical of government spending and in favor of a smaller federal workforce have been vocal on this issue.

TO OPPOSE THIS BILL

5-Minute Actions:

  • Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121 "I'm a constituent from [Your City/Town] and I urge [Rep./Sen. Name] to oppose the mandate ending federal telework and to support federal workers."

30-Minute Deep Dive:

  • Write a Letter to the Editor: Submit a letter to your local newspaper explaining the potential negative impacts on government services and the federal workforce.
  • Join an Organization: Federal employee unions are leading the opposition to this policy. Consider joining or supporting groups like:
    • American Federation of Government Employees (AFGE)
    • National Federation of Federal Employees (NFFE)