Telework is not a right — it's a negotiated arrangement subject to agency policy.

If you are negotiating a telework arrangement, navigating changes to an existing agreement, or evaluating options under the post-RTO framework, understanding the statutory structure matters. The framework built in 2010 has been substantially narrowed but not repealed — the core rules still govern every telework agreement that exists today.

Section I The Telework Enhancement Act framework

The Telework Enhancement Act of 2010 (Pub. L. 111-292) established the first comprehensive statutory framework for federal telework. Prior to the Act, telework operated under agency discretion with minimal governmentwide structure.

Codification at 5 U.S.C. chapter 65

The Act is codified at 5 U.S.C. 6501-6506:

• 5 U.S.C. 6501 — Definitions — defines "telework" as a work flexibility arrangement under which an employee performs duties from an approved worksite other than the location from which the employee would otherwise work
• 5 U.S.C. 6502 — Executive agencies telework requirement — requires each agency to establish a telework policy, determine eligibility for all employees, notify employees of eligibility, and ensure written agreements
• 5 U.S.C. 6503 — Training and monitoring — requires interactive training for teleworkers and managers, and ensures equal treatment of teleworkers and non-teleworkers in personnel actions
• 5 U.S.C. 6504 — Policy and support — OPM provides policy guidance; agencies establish measures and goals; maintenance of central telework website
• 5 U.S.C. 6505 — Telework Managing Officer — each agency must designate a Telework Managing Officer (TMO) as senior agency official responsible for policy development and OPM liaison
• 5 U.S.C. 6506 — Reports — annual reporting requirements to Congress

What the Act requires agencies to do

Under 5 U.S.C. 6502, each executive agency must:

• Establish a written telework policy
• Authorize eligible employees to telework to the maximum extent possible without diminished performance
• Determine the eligibility of all employees to participate in telework
• Notify employees of their eligibility determination
• Require that eligible employees enter into written telework agreements as a condition of participation
• Ensure interactive training for both teleworking employees and their managers
• Incorporate telework into Continuity of Operations (COOP) plans
• Report annually on telework participation

What the Act does not do

The Act does not:

• Create an individual employee right to telework
• Override agency management authority under 5 U.S.C. 7106(a)
• Grant MSPB appeal rights for telework denials or terminations
• Specify the frequency of telework that must be approved
• Limit agency authority to establish categorical eligibility rules or positional exclusions

This gap between policy framework and individual rights is central to understanding how the 2025-2026 RTO directives can coexist with the unchanged statutory framework — agencies have used their statutory authority to narrow telework, not to eliminate the framework itself.

OPM Guide to Telework and Remote Work (December 2025)

OPM's revised Guide to Telework and Remote Work in the Federal Government, issued December 2025, is the current implementing guidance. Key points:

• Agencies generally should not permit routine telework unless authorized by a governmentwide or agency-approved exemption or exception to in-person work
• Agency telework policies must describe the process for determining exceptions based on disability, qualifying medical condition, or other compelling reason
• Agencies must describe criteria for granting other compelling exemptions including limited, discrete, categorical, or indefinite exemptions
• Any previously issued OPM telework and remote work guidance inconsistent with the current framework is rescinded

The Guide includes sample situational telework, routine telework, and remote work agreement templates in Appendices 1-4 — agencies generally adapt these templates to their specific policies.

Section II Three categories — situational, routine, and emergency

The framework recognizes three distinct categories of telework participation, each with different approval processes and agreement requirements.

Situational telework

Situational telework — also called ad-hoc, episodic, or unscheduled telework — is telework authorized on an instance-by-instance basis without a regular recurring schedule. Typical uses:

• Completing a writing project or other focused work requiring uninterrupted time
• Attending a medical appointment with remaining work hours performed from home
• Recovering from minor illness without using sick leave
• Managing a one-time family care need (child care gap, home repair)
• Working during OPM-announced "Open with Option for Unscheduled Leave or Unscheduled Telework" status

Each situational instance typically requires supervisor approval, but the underlying telework agreement can remain in place as a standing authorization. Situational telework is reported separately in agency data and is generally the most accessible form of telework in the post-RTO environment because it does not require a departure from the baseline expectation of in-person work.

Routine telework

Routine telework is telework on a regularly scheduled, recurring basis — for example, teleworking on designated days each week. Characteristics:

• Fixed schedule (e.g., Monday and Wednesday every week)
• Ongoing written agreement
• Supervisor approval of the schedule, not each instance
• Typically requires specific exemption or exception under post-RTO guidance

Routine telework is the category most affected by the 2025-2026 RTO directives. Before January 2025, many agencies routinely approved 2-4 days per week of routine telework. Since January 2025, routine telework generally requires agency-approved exemption or exception documented in the agency's telework policy.

Emergency telework

Under 5 U.S.C. 6504(d)(2) and continuity of operations plans, agencies may direct emergency telework during declared emergencies. Categories of emergency:

• Severe weather (hurricane, blizzard, flooding) making travel unsafe or impossible
• Public health emergency (pandemic, outbreak)
• Facility closure (fire, structural damage, security incident)
• Terrorist attack or threat
• Other conditions preventing safe work at the primary worksite

Emergency telework may be directed without individual employee consent, distinguishing it from voluntary telework. The agency COOP plan typically designates which positions can perform emergency telework and which are essential and must report to duty. Emergency telework ends when the emergency condition resolves and normal operations resume.

Situational vs. routine — practical distinction

The line between situational and routine telework can be blurry. OPM guidance identifies the key distinguishing factor as predictability and recurrence:

• Situational: "I need to telework tomorrow because of a plumbing emergency at home" — unpredictable, specific, approved case-by-case
• Routine: "I will telework every Monday and Thursday" — predictable, recurring, approved as a standing schedule

An employee who uses situational telework frequently and predictably (e.g., every Tuesday for months) may be deemed to have converted to routine telework de facto, triggering routine-telework policy requirements. Agencies and employees should maintain clear documentation distinguishing the two categories.

Section III Eligibility determinations and statutory exclusions

Eligibility for telework has three layers: statutory exclusions, position-based determinations, and individual-based determinations.

Statutory permanent exclusions — 5 U.S.C. 6502(a)(2)

Two categories of employees are absolutely ineligible for telework regardless of agency policy, position, or circumstances:

• 5 U.S.C. 6502(a)(2)(A) — an employee who "has been officially disciplined for being absent without permission for more than 5 days in any calendar year" — AWOL discipline exceeding 5 days in any single year permanently disqualifies
• 5 U.S.C. 6502(a)(2)(B) — an employee who "has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct of Employees of the Executive Branch for reviewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties" — a permanent exclusion for this specific category of misconduct

These exclusions are statutory and cannot be waived by agency policy. Both require "official discipline" — not mere allegation or investigation. An employee whose discipline was rescinded, reversed on appeal, or expired from the personnel record under agency time limits may or may not remain excluded, depending on interpretation; MSPB and EEOC case law has been inconsistent on this point.

Position-based eligibility determinations

Under 5 U.S.C. 6502(a), agencies determine position eligibility based on whether the position's duties can be performed at an alternative worksite without negatively impacting employee performance or agency operations. Factors typically considered:

• Physical presence requirements — positions requiring hands-on work with physical equipment, specimens, or materials (laboratory, warehouse, maintenance)
• Security requirements — positions requiring access to classified information or secure systems available only at the agency worksite
• Client-facing requirements — positions requiring in-person interaction with the public (customer service counters, intake officers)
• Supervisory presence — positions where close supervision of others requires on-site presence
• Equipment access — positions requiring access to specialized equipment not available at a home worksite
• Collaborative work — positions where most productive work occurs in in-person collaboration

Agencies may designate entire position categories as ineligible for routine telework (e.g., "All GS-0301 positions in the Customer Service Center are ineligible for routine telework") or may make case-by-case eligibility determinations within a position category.

Individual eligibility — performance and conduct

Within an eligible position, individual employees are typically eligible for telework only if:

• Performance is at least "Fully Successful" or agency equivalent — under-performing employees are typically ineligible
• No pending disciplinary or adverse action
• No documented pattern of performance or conduct issues
• Successful completion of required telework training
• Appropriate home worksite and equipment (sufficient bandwidth, private workspace, etc.)
• Completion and signature of the written telework agreement

Supervisor training requirement

Under 5 U.S.C. 6503(a), supervisors of teleworking employees must complete interactive training before approving a telework agreement. The training typically covers: telework policy, performance management in remote settings, communication strategies, equipment and IT security, legal and regulatory framework. OPM offers "Telework Fundamentals for Managers" as a baseline curriculum that agencies may supplement.

Equal treatment requirement

Under 5 U.S.C. 6503(b), agencies must ensure that teleworkers and non-teleworkers are treated the same for purposes of performance appraisals, training, rewards, reassignments, promotions, reductions in grade, retention, removal, work requirements, or other acts involving managerial discretion. This anti-discrimination provision is important — an agency cannot deny an employee a promotion, training opportunity, or assignment simply because they telework.

Section IV The written agreement — required content

Under 5 U.S.C. 6502(b), every telework participant — regardless of whether telework is routine or situational — must have a written agreement. The agreement is the foundation of the telework arrangement and documents the key terms.

Required content

OPM guidance and agency templates typically require the written agreement to specify:

• Approved alternative worksite(s) — the specific home address or alternative location where telework occurs; multiple sites may be approved
• Telework schedule — for routine telework, the specific days and hours; for situational telework, the general procedure for approval of each instance
• Core hours — the hours during which the employee must be available for work (often mirrors the agency's in-person core hours)
• Performance expectations — the standards and metrics that apply while teleworking
• Communication requirements — how the employee will remain accessible to supervisor and colleagues (email, phone, video conferencing availability)
• Equipment and technology — what equipment the agency provides, what the employee provides, and IT security requirements
• IT security requirements — rules for handling sensitive information, use of VPN, data storage restrictions
• Reporting to the official duty station — expectations for reporting to the agency office when required (meetings, training, emergencies)
• Expenses — who pays for utilities, internet, phone, office supplies (generally the employee is responsible for home office costs)
• Safety and ergonomics — the employee's responsibility for maintaining a safe workspace; some agencies require a safety self-certification
• Official duty station — confirmation that the agency office remains the official duty station (preserving locality pay) unless it is a remote work arrangement
• Agreement duration — typically ongoing with renewal at set intervals or upon position change
• Termination procedures — how the agreement may be terminated and notice requirements

Official duty station for teleworkers

A critical distinction: for teleworkers (situational or routine), the official duty station remains the agency worksite — not the home location. This is important because:

• Locality pay is calculated based on the official duty station, not the telework site
• Travel reimbursement is computed from the official duty station
• Certain premium pay (Sunday pay, night differential) is determined based on the official duty station
• PCS rules apply when the official duty station changes, not when the telework site changes

For more on locality pay and telework, see Career & Pay Topic 21 on Telework and Locality Pay. For remote work where the duty station changes to the home location, see Workplace Topic 27 on Remote Work.

Signature and records

The written agreement must be signed by the employee and the supervisor, and in some agencies by the second-level supervisor or HR. The signed agreement becomes part of the employee's personnel file. Agencies typically use standardized templates with the following structure:

• Employee information (name, position, organization)
• Telework type (situational, routine, remote work — remote work requires separate agreement)
• Terms as listed above
• Certification that the employee has completed required training
• Certification that the employee has reviewed security requirements
• Signatures with dates

Amending the agreement

Changes to the agreement — new schedule, new worksite, new duties, new supervisor — typically require either amendment of the existing agreement or execution of a new agreement. Major changes such as moving to a different locality area (which would change the duty station) require position description updates and potentially separate HR approvals. Minor changes such as adjusting specific telework days can often be documented through supplemental amendments.

Section V The post-2025 RTO landscape

The Presidential Memorandum on Return to In-Person Work, issued January 20, 2025, fundamentally reshaped federal telework. The Telework Enhancement Act framework remains in force, but agency discretion has been used to substantially contract routine telework.

The Presidential Memorandum

The Return to In-Person Work Presidential Memorandum directed all executive branch agencies to "take all necessary steps" to end remote work arrangements and require employees to return to in-person work at their assigned duty stations on a full-time basis, except as necessary to comply with governing law.

OPM guidance implementing the Memorandum

OPM issued implementing guidance on January 20, 2025, February 3, 2025, and subsequently, directing:

• Agencies must develop return-to-office implementation plans
• Agencies may set overall telework levels and exclude specific positions from telework eligibility
• Routine telework generally requires governmentwide or agency-approved exemption or exception
• Reasonable accommodation obligations under the Rehabilitation Act, ADA, and PWFA continue to apply
• Agencies should consult with OPM on collective bargaining obligations in connection with return-to-office implementation
• Any prior OPM telework guidance inconsistent with the Memorandum is rescinded

Agency implementation variation

Agencies have implemented the Memorandum with varying speed and approach:

• Immediate return — some agencies implemented full RTO within weeks of the Memorandum
• Phased return — many agencies implemented graduated RTO over 30-90 days
• Exemption categories — agencies established exemption processes for specific position types, medical conditions, geographic hardships
• Ongoing bargaining — agencies with unionized workforces proceeded through collective bargaining before full implementation

For the specific mechanics of the 2025-2026 RTO directives, enforcement, and compliance, see Workplace Topic 28 on Return to Office 2026.

Collective bargaining implications

Under 5 U.S.C. 7114 and related labor relations law, agencies with unionized workforces typically must bargain changes to telework arrangements that affect conditions of employment. The February 3, 2025 OPM guidance directed agencies to take specific actions regarding collective bargaining obligations in connection with RTO implementation. Existing collective bargaining agreements (CBAs) with telework provisions may continue to control until expiration or successor negotiation. See Workplace Topic 06 on Union Representation.

Exemptions and exceptions

Most agency RTO policies include exemption categories:

• Reasonable accommodation — disability-related, medical, or pregnancy-related (PWFA)
• Compelling medical reasons — temporary or permanent health conditions not rising to disability level
• Geographic hardship — employees hired at distant locations may be grandfathered
• Specialized positions — positions where on-site presence is genuinely not possible (certain intelligence positions, positions with unique equipment needs)
• Leadership discretion — agency head may grant case-by-case exemptions for compelling reasons

Employees seeking exemption must typically submit a written request documenting the compelling reason and proposed arrangement. Documentation requirements vary — reasonable accommodation requests require medical support, while geographic hardship may require only location information.

Section VI Termination of telework and appeal rights

Under OPM guidance, agencies may terminate a telework agreement for any reason and at any time. However, two categories of termination are mandatory, and procedural considerations apply.

Mandatory termination under 5 U.S.C. 6502(a)(2)

An agency MUST terminate an employee's telework agreement if:

• The employee has been officially disciplined for AWOL exceeding 5 days in any calendar year
• The employee has been officially disciplined for pornography/ethics violations as specified in 5 U.S.C. 6502(a)(2)(B)

These correspond to the permanent statutory exclusions — termination is required upon the triggering discipline and the employee cannot subsequently be approved for telework at any agency.

Discretionary termination

Beyond the mandatory categories, agencies may terminate for various reasons:

• Employee performance falls below Fully Successful or agency equivalent
• Employee fails to comply with terms of the written agreement (failure to report, unavailability during core hours, IT security violation)
• Agency policy change eliminates the telework eligibility for the position or circumstances
• Change in the employee's duties that makes the position ineligible
• Supervisor determination that telework is not working well for operational reasons
• Return-to-office directive affecting the position

Procedural expectations

OPM guidance recommends (but does not mandate) that agency termination follow these principles:

• Written notice — termination in writing with an explanation of the basis
• Effective date — clear statement of when the termination takes effect
• Reasons stated — specific reasons for the termination, not merely a generic "for cause" statement
• Agency policy compliance — agency's published telework policy procedures must be followed
• Appeal or grievance information — notice of any available appeal or grievance procedures

These are best practices, not strict legal requirements. Agencies with unionized workforces typically have more formal termination procedures specified in the CBA.

Appeal rights — generally no MSPB jurisdiction

Telework termination is not an adverse action under Chapter 75 and therefore is not appealable to MSPB as such. Employees challenging telework termination may have limited remedies:

• Agency internal grievance — administrative grievance procedures under 5 CFR Part 771 for non-bargaining unit employees, if applicable
• Negotiated grievance procedure — for bargaining unit employees, grievance under the CBA, potentially leading to arbitration
• EEO complaint — if the termination was discriminatory (based on protected characteristic) or retaliatory for protected EEO activity
• Reasonable accommodation denial — if telework was or should have been a reasonable accommodation, the termination may implicate the Rehabilitation Act or PWFA
• Whistleblower retaliation — if termination was retaliatory for protected whistleblower disclosures, OSC complaint may be appropriate
• Prohibited personnel practice — if termination implicated one of the 14 PPPs under 5 U.S.C. 2302, OSC complaint may be appropriate
• MSPB jurisdiction via adverse action — if telework termination is part of a larger adverse action (e.g., reassignment that constitutes a demotion), MSPB may have jurisdiction over the underlying action

Preserving the ability to contest termination

To preserve challenges to telework termination:

• Keep a copy of the original written agreement and all amendments
• Document performance ratings during the telework period
• Preserve communications confirming approval of the agreement and any changes
• Request the specific reason for termination in writing
• If disputed reasons (e.g., alleged performance decline), request the evidence the agency relies upon
• If alleging discrimination, contact EEO counselor within 45 days
• If alleging retaliation or PPP, file OSC complaint or consult counsel

Section VII Telework as reasonable accommodation

Telework as a reasonable accommodation — under the Rehabilitation Act, ADA, or Pregnant Workers Fairness Act — operates under a separate framework with stronger employee protections than standard telework.

The reasonable accommodation framework

Under Section 501 of the Rehabilitation Act (29 U.S.C. 791) and implementing regulations at 29 CFR Part 1614, federal agencies must provide reasonable accommodations to qualified employees with a disability unless the accommodation would impose an undue hardship. The ADA applies to non-federal employers but the standards are largely parallel. The Pregnant Workers Fairness Act (PWFA) extended similar requirements to pregnancy-related conditions.

When telework qualifies as reasonable accommodation

Telework is a potential reasonable accommodation when it enables the employee to perform essential job functions that they could not perform at the primary worksite due to their disability or qualifying condition. Examples:

• An employee with a mobility impairment who cannot access the agency building due to workplace accessibility issues
• An employee with a medical condition requiring frequent medical appointments and rest periods
• An employee with a compromised immune system who cannot safely work in a shared office environment
• An employee with severe anxiety whose condition is materially worsened by workplace interactions
• A pregnant employee whose healthcare provider advises reduced commute or seated work from home

Interactive process

Under EEOC guidance, when an employee requests reasonable accommodation (including telework), the agency must engage in an interactive process to:

• Identify the employee's specific limitations and how they affect the work
• Identify essential job functions and how they can be performed
• Consider possible accommodations, including telework
• Evaluate whether the requested accommodation is effective and whether it imposes undue hardship
• Approve an effective accommodation (not necessarily the one requested, if an alternative is equally effective)

The interactive process is typically coordinated by the Reasonable Accommodation Coordinator or EEO office, not the employee's supervisor. Documentation from a healthcare provider is typically required to establish the disability and the functional limitations.

Protections for accommodation-based telework

Telework as reasonable accommodation has stronger protections than standard telework:

• Cannot be terminated without showing the accommodation is no longer effective or has become undue hardship
• Subject to EEO complaint process if denied or terminated
• Protected against retaliation for requesting or using accommodation
• Documented through the agency's accommodation tracking system, separate from standard telework records

For complete coverage of reasonable accommodation, see Workplace Topic 30 on Reasonable Accommodation.

Distinction from standard telework

An employee approved for telework as reasonable accommodation should ensure the approval is documented as accommodation, not just standard telework:

• The approval document should cite the Rehabilitation Act, ADA, or PWFA
• Medical documentation should be on file with the Reasonable Accommodation Coordinator
• The arrangement should be tracked in the agency's accommodation database
• Any termination should be through the accommodation process, not the standard telework termination process

This distinction matters if the agency later decides to end the arrangement — accommodation-based telework has EEO appeal rights that standard telework does not.

Section VIII Frequently asked questions