OPM and Congress Clash Over Future of Remote Work for Feds

New telework guidance from OPM stands in contrast to legislation introduced in the Senate that would return federal employees to more in-person work.

In a world increasingly defined by digital connectivity and flexible work arrangements, the federal government stands at a pivotal crossroads. Many federal agencies have implemented hybrid work models, allowing leaders to refine strategies to adapt to evolving employee needs and mission-driven objectives.

However, as the Office of Personnel Management (OPM) releases new guidance in August on federal remote work, it becomes evident that there is tension between this flexible approach and legislative efforts such as the Back to Work Act of 2024. OPM’s guidance promotes a nuanced, tailored strategy for remote work, countering the more rigid framework proposed by the legislation.

Senators Mitt Romney (R-UT) and Joe Manchin (I-WV) introduced the Back to Work Act of 2024, a bipartisan bill that seeks to limit telework for federal employees to no more than 40% of their workdays per pay period. The legislation aims to compel federal employees to return to the office to address concerns about productivity, office underutilization, and the economic impact on local businesses that depend on office worker traffic.

According to the Government Accountability Office (GAO), in 2023, 17 of 24 federal agency headquarters were operating at an average capacity of 25% less than before the pandemic, leading proponents to argue that telework policies waste taxpayer dollars and reduce employee engagement with the public. Proponents argue that a return to pre-pandemic work arrangements will enhance productivity and accountability.

In contrast, OPM’s recently published guidance promotes a flexible approach to remote work, emphasizing the importance of tailoring work arrangements to meet the specific needs of federal agencies and employees. OPM Acting Director Rob Shriver highlights that while remote work is not universally suitable for all roles, it can be a valuable tool for enhancing recruitment, retention, and employee satisfaction when applied thoughtfully.

OPM distinguishes between remote work and telework, defining remote work as performing duties away from the usual worksite without regular in-office attendance, while telework allows employees to work remotely with periodic office presence. This nuanced approach ensures that remote work is integrated into federal agencies’ workforce culture in a way that aligns with their mission and operational needs.

OPM’s claims come from strong data, namely in its annual report on telework. The report indicates that 68 percent of federal employees who telework frequently express intentions to remain in their positions, compared to only 53 percent of those who do not telework. Furthermore, 77 percent of frequent teleworkers report high levels of engagement, significantly higher than the 59 percent of non-teleworkers. The performance benefits are equally notable, with over 84 percent of employees and managers acknowledging improvements in work quality and customer satisfaction.

Additionally, OPM’s Federal Employee Viewpoint Survey reveals that more than 62 percent of federal employees are “very satisfied” with their current work schedules, with another 26 percent reporting they are “satisfied.” A remarkable 90 percent of federal workers either “strongly agree” or “agree” that their current schedules enable them to work productively.

These findings underscore telework’s positive impact on employee retention, engagement, and performance, challenging the narrative that remote work is detrimental.

OPM’s statistics in its report, along with its recent guidance, effectively pushes back against the Back to Work Act by advocating for flexibility and a tailored approach rather than imposing rigid limits on telework. Critics of the legislation argue that its strict telework limitations could disregard the diverse needs and roles within federal agencies. By mandating in-person work for the majority of the time, the legislation may not account for positions that can be effectively performed remotely, risking a one-size-fits-all approach that fails to consider individual and organizational circumstances.

The OPM guidance urges agencies to establish a standard evaluation process for determining eligibility for remote work, considering organizational needs, the nature of specific roles, and personal employee circumstances. This approach acknowledges that certain flexible work arrangements may not be appropriate for every team or individual but can be highly effective when tailored appropriately.

Senior executives are identified as needing a higher degree of in-person engagement, recognizing the critical role they play in shaping organizational culture. Meanwhile, early-career employees are encouraged to balance in-person work and telework to facilitate professional development through mentorship and networking opportunities.

Remote work arrangements also raise questions about costs related to pay, travel, and other workforce policies. The OPM guidance stresses the importance of evaluating these factors to ensure that remote work aligns with agency missions and delivers business benefits without imposing undue financial burdens. 

To ensure the success of remote work programs, federal agencies must appoint a senior leader to oversee and track their implementation. This leadership role involves monitoring employee performance across different work arrangements and evaluating whether these arrangements enhance or hinder the agency’s objectives. 

OPM’s guidance could be further strengthened by incorporating training programs specifically designed for managers overseeing teleworking employees. Effective telework management requires skills in virtual communication, team coordination, and performance monitoring, which differ from traditional in-office supervision. Training managers in these areas could enhance their ability to support remote teams, address challenges unique to telework, and maximize the productivity and engagement of employees.

By equipping managers with the necessary tools and skills, agencies can ensure that telework arrangements are not only beneficial for employees but also aligned with the organization’s strategic goals. This training could foster a culture of trust and accountability, further solidifying telework as a viable and effective component of the federal workforce strategy.

OPM’s guidance underscores the need for a strategic approach to remote work that supports an agency’s mission while accommodating employees’ diverse needs. By prioritizing thoughtful evaluation and personalized arrangements, federal agencies can harness the advantages of remote work without compromising organizational effectiveness. 

About the Author

Dr. Gleb Tsipursky was named “Office Whisperer” by The New York Times for helping leaders overcome frustrations with hybrid work as the CEO of the future-of-work consultancy Disaster Avoidance Experts, and he wrote the best-seller called “Returning to the Office and Leading Hybrid and Remote Teams.”