Federal Telework 2026: Union Wins, New RA Rules, and Where RTO Stands Now

Last Updated: April 5, 2026

If you're a federal employee wondering about your telework options in 2026, here's the reality: about 90% of the federal workforce is now back in the office full-time, and a new Executive Order titled "Establishment of the Patriotic Home from Work Initiative" has codified the 5-days-per-week in-office requirement into formal law.

That said, exceptions still exist, the legal fights are ongoing, and how the EO interacts with existing union contracts is not fully settled. Arbitrators ruled that HHS and HUD violated their union contracts by ending telework, and OPM issued guidance clarifying what agencies can and cannot do with existing disability accommodations. If you're facing an RTO mandate, understanding what the EO actually says versus what your agency is telling you matters.

Key Takeaways

• April 2026: The "Patriotic Home from Work" Executive Order formally codifies the 5-day in-office requirement into law. This is no longer just OPM guidance.
• 90% of federal employees are now working on-site full-time per OPM
• December 2025 OPM guidance says telework should be used "sparingly"
• New (Jan-Feb 2026): Arbitrators ruled HHS and HUD violated union contracts by ending telework. If your CBA has telework protections, you may have legal standing to challenge a blanket RTO order.
• New (Feb 11, 2026): OPM/EEOC joint guidance: agencies can reassess prior disability accommodations but cannot blanket-rescind them
• Commute cost reality: A genuine 5-day mandate can add $300-$800/month in transportation costs. Run the numbers before deciding whether to stay or request a transfer.
• Telework vs remote work distinction still matters for your locality pay
• 317,000 federal workers left their jobs in 2025
• Telework rates plummeted: partial telework from 40% to 19%, full remote from 10% to 3%

UPDATE: "Patriotic Home from Work" Executive Order - April 2026

A new Executive Order titled "Establishment of the Patriotic Home from Work Initiative" codified the 5-days-per-week in-office requirement into formal law. The r/fednews megathread hit 1,879 upvotes and 190 comments. Here is what the EO changes in practice.

The 5-day mandate is now an executive order, not just guidance. Prior to this EO, agencies were operating under OPM memos and the January 2025 presidential directive. Now there is a formal executive order on the books. That distinction matters for legal challenges: union arbitrators who previously ruled that an RTO "memo" doesn't override a CBA will need to address an order with different legal weight.

Reasonable accommodation process changes. The EO does not eliminate disability accommodations, but it raises the bar for approval. Agencies are expected to document individualized need with greater specificity, and approvals at multiple supervisor levels (in some agencies, SES-level sign-off) are now required before a telework accommodation is granted or renewed.

Union grievance timeline. If your union CBA has telework protections and your agency moves to enforce 5 days in-office, your window to file a grievance is typically 30 days from the date the change is implemented. Do not wait. Contact your union rep now to determine whether your CBA contains enforceable telework language and what the grievance timeline looks like under your specific agreement.

Commute cost impact. For federal employees who relocated during the pandemic and commuted in a few days per week, a true 5-day mandate can add $300 to $800 per month in transportation costs depending on distance and transit options. That is a real pay cut. Use our GS Pay Calculator to see your full salary picture and evaluate whether a transfer to a different duty station or remote position makes financial sense for your situation.

What has not changed. Disability accommodations still exist under the Rehabilitation Act. Union CBA protections are still being litigated in federal courts and arbitration. Situational telework for weather closures and religious observance remains available. The EO did not eliminate any of these, but agencies are enforcing each of them more narrowly than in prior years.

The Current State of Federal Telework

OPM's December 2025 "Guide to Telework and Remote Work in the Federal Government" sets the tone clearly: federal employees should generally be "working full-time, in-person."

The guidance doesn't ban telework entirely. Instead, it positions remote work as a case-by-case tool that agencies should use "sparingly." More importantly, agencies must now have procedures for verifying that employees are actually working on-site.

What changed from pre-2025:

• Telework is no longer a default option for most positions
• Agencies must track and verify in-office attendance
• Remote work approvals require documented justification
• Situational telework has specific, limited use cases

Union Protections: The Legal Battles Over RTO

Since the original RTO mandate, the biggest legal development has been in arbitration. In January and February 2026, two separate arbitrators ruled that the Trump administration's return-to-office order does not automatically override telework rights negotiated in union collective bargaining agreements.

HHS ruling (January 2026): Arbitrator Michael J. Falvo ruled that HHS violated its contract with NTEU by unilaterally ending telework. The ruling found that a presidential RTO memo is not a "governmentwide rule or regulation" under the FLRA framework — meaning it does not automatically nullify negotiated CBA telework provisions. HHS was ordered to reinstate telework for affected NTEU members.

HUD ruling (February 2026): Arbitrator Michael T. Loconto reached the same conclusion, ordering HUD to restore telework for approximately 7,000 AFGE Council 222 employees. The ruling applied the same FLRA precedent: a presidential directive is not a statute or regulation that overrides a collectively bargained contract.

Important caveat: Both HHS and HUD are expected to appeal — HHS within 30 days of the ruling, HUD to the FLRA. These rulings are not settled law yet. But they establish a meaningful precedent that may apply to other unions with similar CBA provisions.

What this means for you: If you're a union member and your current collective bargaining agreement contains telework protections, consult your union representative. You may have grounds to challenge a blanket RTO mandate at your agency. Employees without union coverage or without telework provisions in their CBA are in a different position — the RTO mandate applies to them without the same legal protection.

Telework vs Remote Work: Why the Distinction Matters

These terms aren't interchangeable, and mixing them up could cost you thousands in locality pay.

Status	Official Duty Station	Locality Pay Based On
Telework	Agency office (e.g., DC)	Agency office location
Remote Work	Your home	Your home location

Teleworker example: You live in Richmond but your official duty station is Washington, DC. You telework 3 days a week but come into the DC office twice per pay period. You keep DC locality pay (33.94% in 2026).

Remote worker example: You're approved for full remote work from Richmond. Your SF-50 lists Richmond as your official duty station. You get the Richmond locality rate (22.28% in 2026), not DC.

The 2x per pay period rule: To keep your higher-cost office's locality pay while teleworking, you must report to that office at least twice each biweekly pay period. If you can't make that commute, you're effectively a remote worker and your locality pay must change.

How Return to Office Affects Your Pay

If you moved to a lower-cost area during the pandemic and were working remotely, the return-to-office mandate creates a tough choice:

1. Return to your office location and keep your current salary
2. Request remote work approval and accept lower locality pay
3. Leave federal service if neither option works

For a GS-13 Step 5 employee, the difference between DC locality (33.94%) and "Rest of US" locality (17.06%) is roughly $14,000 per year.

Use our GS Pay Calculator to see exactly how different locality areas affect your salary.

Who Can Still Get Telework or Remote Work Approval

OPM's guidance allows exceptions for:

Disability accommodations: Employees with documented disabilities may qualify for remote work as a reasonable accommodation under the Rehabilitation Act. However, on February 11, 2026, OPM and EEOC issued joint guidance with important new clarifications:

• Agencies can reassess and potentially revoke previously granted telework accommodations — but must do so case-by-case, not through blanket rescission
• Agencies can request updated medical documentation when reassessing
• Agencies can consider whether alternative accommodations (flexible scheduling, adaptive equipment) would serve the same purpose
• Mental health conditions: Agencies should generally try in-person work first before approving telework; telework remains available if in-person work is demonstrably ineffective
• Long commutes alone do NOT qualify for reasonable accommodation — commuting difficulty is not a recognized disability under the Rehabilitation Act
• VA has added a further requirement: SES-level sign-off is now required for certain reasonable accommodation telework requests, with annual supervisory reviews of all approved accommodations

The key takeaway: if you have a telework disability accommodation, your agency may contact you for a reassessment, but they cannot simply revoke it without evaluating your individual situation.

Medical conditions: Qualifying medical conditions can justify telework, though agencies set their own approval processes.

Military and Foreign Service spouses: These employees working overseas are exempt from on-site work requirements.

Compelling agency needs: Some positions may require remote work due to mission requirements, though this is increasingly rare.

Situational telework: Short-term telework is still allowed for:

• Inclement weather when federal facilities close
• Short-term illness or injury
• Religious observance

What "Situational Telework" Actually Means

The December 2025 guidance clarifies when situational telework is appropriate. It's not a loophole for regular work-from-home.

Situational telework should only be authorized when there's a "compelling agency need" and it doesn't "diminish agency operations."

Acceptable uses:

• Federal facilities closed due to weather
• Employee has short-term illness (not serious enough for sick leave)
• Religious observance conflicts with on-site schedule

Not acceptable:

• Routine preference for working from home
• Childcare or eldercare convenience
• Avoiding commute

The Locality Pay Problem for Remote Workers

If you're approved for remote work, your official worksite becomes your home. That location should appear on your SF-50.

Why this matters:

1. Your locality pay adjusts to your home location
2. Travel reimbursement calculations change
3. A mismatch between actual work location and SF-50 can trigger overpayment recovery

OPM has been clear: if your SF-50 says DC but you're actually working from Montana full-time, you may have been overpaid. The government can and does recover those funds.

Impact on the Federal Workforce

The return-to-office mandate has had measurable effects:

• 317,000 federal workers left their jobs in 2025
• The US Patent and Trademark Office reported an 800,000+ application backlog partly attributed to the policy
• GAO raised concerns that OPM canceled guidance requiring agencies to assess remote work's effects on recruitment and retention

Whether you view these as positive efficiency gains or talent loss depends on your perspective. But the numbers are real.

Department of Defense specifics (January 2026 GAO report): A GAO report released January 8, 2026 (GAO-26-107601) found that approximately 92% of DOD civilian employees are now back in-person full-time. About 8% have not returned to full-time on-site work. DOD reported 81% of civilian work hours were performed in-person across all of CY2024 — before the full RTO order took effect.

The same GAO report flagged a data reliability problem: DOD told GAO it had 61,549 remote employees in May 2024, then revised that figure to 35,558 just one month later — a discrepancy of roughly 26,000 employees. GAO recommended DOD develop formal processes to ensure accurate telework tracking. The data gap illustrates how difficult it has been, even inside agencies, to get a precise count of who is actually working remotely.

GAO Report: Telework Cuts Drove SSA Attrition

A January 2026 GAO report provides the clearest evidence yet of telework's impact on federal retention. The Social Security Administration saw dramatic workforce consequences after the return-to-office mandate.

The numbers:

Metric	Before Mandate	After Mandate
Telework hours (share of total)	50-55% (early 2024)	13% (April 2025)
Employees planning to leave within 1 year	N/A	37%
Of those leaving, citing telework as factor	N/A	~50%
Teleservice center attrition rate	N/A	24%

SSA officials told GAO that telework was a key recruitment and retention tool. The agency is now at risk of skills gaps in mission-critical occupations.

The GAO's recommendation: SSA needs to update its human capital plan to identify and retain critical staff given the telework policy changes.

What this means for you: If you're at an agency with high telework restrictions, you may face longer wait times for services and heavier workloads as colleagues depart. If you're considering leaving due to telework, you're not alone.

Your Options If You're Facing RTO

If returning to office doesn't work for your situation, consider these paths:

1. Request a reasonable accommodation If you have a documented disability or medical condition, submit a formal accommodation request. Document everything.

2. Explore internal transfer Some agencies and positions still have remote work. Use USAJobs to search for "remote" positions in your series.

3. Calculate the financial trade-offs If you're considering taking a remote position at lower locality pay, run the numbers. A $10,000 pay cut might be worth it if you're saving $15,000 in housing costs.

4. Consider early retirement or separation If you're near retirement eligibility, review your FERS pension estimate. The numbers might work better than you think.

5. Look at the private sector Federal skills transfer. Many former feds find remote-friendly positions in the private sector, sometimes at higher pay.

Calculate Your Locality Pay Impact

Considering a move or wondering how different locations affect your salary? Use our GS Pay Calculator to compare locality rates across all 58 pay areas.

Enter your grade, step, and location to see your exact base pay, locality adjustment, and total salary.

Frequently Asked Questions

Can federal employees still telework in 2026?

Limited telework is still possible but rare. OPM's December 2025 guidance states employees should generally work "full-time, in-person." Telework should be used "sparingly" and only for approved exceptions like disabilities, medical conditions, or compelling agency needs.

What is the difference between telework and remote work for federal employees?

Telework means you have an agency office as your official duty station and work from home some days. Remote work means your home IS your official duty station. This distinction matters for locality pay: teleworkers keep their office's locality rate, while remote workers get the rate for their home location.

Will I lose locality pay if I work remotely?

It depends on your status. If you telework and report to a DC office at least twice per pay period, you keep DC locality pay. If you're approved for full remote work, your locality pay changes to match your home location, which could mean a pay cut if you live in a lower-cost area.

What are the exceptions to the return-to-office mandate?

Agencies can grant exceptions for employees with disabilities, qualifying medical conditions, or other compelling reasons. Military spouses and Foreign Service spouses working overseas are also exempt. Situational telework is allowed for inclement weather, short-term illness, or religious observance.

What percentage of federal employees are back in the office?

According to OPM Director Scott Kupor, approximately 90% of federal employees are now working on-site full-time, nearly a year after the January 2025 return-to-office executive order.

Is the federal return-to-office mandate causing employees to leave?

Yes. A January 2026 GAO report found that at SSA, 37% of employees planned to leave within a year, with about half citing telework policy as a factor. SSA telework hours dropped from 50-55% of work time in early 2024 to just 13% by April 2025.

Can unions protect federal employees from the return-to-office mandate?

Potentially yes. In January and February 2026, arbitrators ruled that HHS and HUD violated their collective bargaining agreements by unilaterally ending telework. The rulings held that a presidential RTO memo is not automatically a "governmentwide regulation" that overrides negotiated CBA protections. If your union has a telework provision in its current contract, you may have grounds to challenge a blanket RTO mandate. Both agencies are expected to appeal, so the legal picture remains unsettled.

Can my agency take back my telework disability accommodation?

Yes, but not without an individual review. OPM and EEOC issued joint guidance on February 11, 2026 confirming that agencies can reassess previously granted telework accommodations. However, they cannot issue blanket rescissions — each case must be evaluated individually under the Rehabilitation Act. Agencies can request updated medical documentation and consider whether alternative accommodations (flexible scheduling, adaptive equipment) would work instead. Employees should document their condition and maintain communication with their agency's reasonable accommodation coordinator.

Does a long commute qualify me for telework?

No. The February 2026 OPM/EEOC guidance specifically states that agencies are generally not required to grant telework based solely on commuting difficulty. Flexible scheduling may be offered as an alternative. Commuting hardship alone does not meet the Rehabilitation Act standard for reasonable accommodation.

How is DOGE affecting federal telework policy?

DOGE (Department of Government Efficiency), led by Elon Musk, has been a driving force behind aggressive RTO enforcement. DOGE used the threat of immediate suspension for employees who did not return to the office and has supported agency-level elimination of telework programs. DOGE's influence is credited with accelerating the pace at which agencies terminated telework agreements — which then led to the union contract violations cited in the HHS and HUD arbitration rulings.

What is the telework situation at the Department of Defense?

DOD is largely back in-person. About 92% of DOD civilian employees are working full-time on-site. A January 2026 GAO report (GAO-26-107601) found that DOD lacks reliable data on exactly how many employees are still teleworking or remote — the department reported 61,549 remote employees in May 2024 but told GAO just one month later the number was 35,558. GAO recommended DOD develop formal processes to ensure accurate, timely telework data.

Related Resources

• GS Pay Calculator: See how locality affects your salary
• GS Pay Guide 2026: Complete guide to federal pay
• FERS Retirement Calculator: Estimate your pension if considering early out
• VERA/VSIP Guide 2026: Early retirement and buyout options

Sources

• OPM Telework Guidance
• Federal News Network: New federal telework guidance
• FedSmith: OPM Issues Revised Telework Guidelines
• OPM Official Worksite Fact Sheet
• GAO Report on Federal Remote Work
• GAO: SSA Telework and Workforce Planning (GAO-26-107645)
• GovExec: Ending telework increased attrition at Social Security
• Federal News Network: Trump's return-to-office memo doesn't override HHS union contract (Jan 2026)
• Federal News Network: Arbitrator orders HUD to restore telework for thousands (Feb 2026)
• AFGE: Arbitrator rules HUD violated contract by cancelling telework
• OPM/EEOC: FAQs on Telework Accommodations for Disabilities (Feb 11, 2026)
• FedSmith: OPM Issues New Guidance On Telework As A Reasonable Accommodation (Feb 2026)
• GAO: Civilian Telework and Remote Work — DOD Should Evaluate Programs (GAO-26-107601, Jan 8, 2026)
• GovExec: Nearly all civilian Defense employees back in office, watchdog flags telework eligibility tracking