Labor & Employment Law Daily Wrap Up, OPM NEWS—New guidance issued on telework and remote work in federal government, (Jan 5, 2026)

By Brandi O. Brown, J.D.

“While telework and remote work can be an effective tool to ensure the continuity of Federal Government operations in emergencies, such work arrangements should generally not be used…”

Following up on the memorandum issued by President Trump upon taking office last January, which had instructed Executive department and agency heads 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,” at the end of December OPM issued a revised guide to telework and remote work for the Federal Government.

Only for emergencies, generally. The guide provides an overview of the acceptable types of telework and remote work arrangements, as well as agency roles and responsibilities. It also provides additional guidance to assist agencies in developing telework and remote work policies. “While telework and remote work can be an effective tool to ensure the continuity of Federal Government operations in emergencies,” OPM’s announcement explains, “such work arrangements should generally not be used in a manner that would permit Federal employees to avoid working full-time, in-person from an agency worksite absent approved exemptions based on disability, qualifying medical condition or other compelling reason certified by the agency head.”

Policies and procedures. According to OPM, agencies are expected to “establish policies and procedures to verify (1) employees are working full-time, in-person at an agency worksite (or taking approved leave) and not using telework or remote work to shorten the workday when not approved by management and (2) that all in-person, telework, and remote work hours are accurately recorded in time and attendance and payroll systems and reported to OPM.” Agencies are also expected to designate a Telework Managing Officer and provide contact information for that officer to OPM by January 16, 2026.

According to OPM, the guide supplements and incorporates prior guidance including OPM’s memorandum providing guidance on the presidential memorandum, the joint OPM and Office and Management and Budget (OMB) memorandum issued on January 27, 2025, providing further guidance on agency return to office implementation plans, and OPM’s March 20, 2025, frequently asked questions on return to in-person work.

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