During the Trump administration, federal employees faced a significant shift in workplace policies, with a strong emphasis on returning to full-time, in-person work. President Trump issued a memo the day he took office directing federal employees to return to in-office work. It stated:
Heads of all departments and agencies in the executive branch of Government shall, as soon as practicable, 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, provided that the department and agency heads shall make exemptions they deem necessary.
This memorandum shall be implemented consistent with applicable law.
The Office of Personnel Management (OPM) issued guidance shortly thereafter directing agencies to curtail telework options and prioritize on-site operations to foster collaboration and improve service delivery. That OPM memo stated:
The PM [presidential memorandum issued by President Trump] reflects a simple reality. The only way to get employees back to the office is to adopt a centralized policy requiring return-to-work for all agencies across the federal government. Seeking to cajole individual agencies to try to get employees to return to the worksite has not succeeded.
OPM also submitted a second round of guidance to agencies on returning federal employees to in-person work which directed them to submit detailed implementation plans with a focus on bringing their collective bargaining agreements into compliance with the presidential memorandum.
Telework and Religious Rights: OPM’s Latest Guidance
On July 16, 2025, OPM released updated guidance addressing religious accommodations in the federal workplace which clarifies that such policies do not override an employee’s right to request religious accommodations—including telework—when justified. Of note, this is the first memo that was issued by Scott Kupor in his new role as OPM Director after his recent Senate confirmation.
“Religious liberty is foundational,” Kupor said. “No federal employee should be forced to choose between their faith and their federal service. This guidance ensures agencies meet their legal obligations and treat these requests with the seriousness they deserve.”
OPM’s new memo builds on the principles of Title VII of the Civil Rights Act, emphasizing the need for agencies to reasonably accommodate employees’ sincerely held religious beliefs, practices, or observances unless doing so would impose an undue hardship. It states, “Agencies are encouraged to adopt a generous approach to approving religious accommodations, prioritizing employee needs while maintaining operational efficiency.”
Telework as a Religious Accommodation
A key highlight of the new memo is its explicit recognition of telework as a potential form of religious accommodation. The memo spells out the following for federal agencies:
- Case-by-Case Assessment: Agencies must evaluate telework requests tied to religious observance on an individual basis, considering factors such as the employee’s role, the feasibility of remote work, and the impact on mission delivery. Employees must also have a written telework agreement.
- Balancing Operational Needs: While agencies are encouraged to support telework accommodations, they must also ensure that such arrangements do not compromise their operational effectiveness.
- Documenting Decisions: Agencies are required to document their evaluation process and provide clear justifications for any denials, particularly if a request is deemed to impose a significant operational impact for the agency.
It also adds these examples of how it can be used:
Telework can enable employees to fulfill religious duties without compromising agency missions. Examples include:
- Sabbath/Holiday Observance and Preparation: Allowing employees to telework on days of religious significance, or on days immediately before such days, so as to avoid travel or commuting time which may interfere with preparation or observance.
- Fasting: Permitting telework to accommodate employees who wish to take breaks in the workday to engage in fasting-related practices, such as prayer or rest, in a quieter or more private setting.
- Prayer or Religious Observances: Enabling telework to provide flexibility for employees to engage in time-specific religious practices during breaks in the workday.
Religious Compensatory Time Off
In addition to telework, the memo introduces provisions for religious compensatory time off. This allows employees to adjust their work schedules to accommodate religious observances, ensuring they can fulfill their duties without compromising their faith-based commitments.
The memo states:
To the extent that modifications in work schedules do not interfere with the efficient accomplishment of an agency’s mission, an employee must be permitted upon request to earn and take religious compensatory time off for a religious observance or practice as required by the employee’s personal religious belief. An employee may earn religious compensatory time off by working overtime before and/or after the religious observance or practice. The overtime hours worked do not create any entitlement to premium pay (including overtime pay).
Conclusion
OPM’s memo clarifies federal guidance on religious accommodations, recognizing telework and compensatory time off as viable options under Title VII of the Civil Rights Act of 1964. Agencies must are encouraged to adopt a generous approach to using religious accommodations to meet federal employees’ religious needs while maintaining operational efficiency. By addressing scenarios like Sabbath preparation, fasting, and prayer, the memo provides a framework for balancing workplace mandates with religious freedoms for federal employees.
