The "Return to Work Act" mandates that all Executive agencies must reinstate their pre-pandemic telework policies from December 31, 2019, within 60 days, superseding any conflicting telework agreements.
Andy Biggs
Representative
AZ-5
The "Return to Work Act" mandates that all Executive agencies must reinstate their telework policies as they existed on December 31, 2019, within 60 days of the Act's enactment. These reinstated policies will supersede any conflicting telework provisions currently in place.
The "Return to Work Act" mandates that all Executive agencies roll back the clock to their December 31, 2019, telework policies. This means whatever remote work rules were in place before the pandemic are coming back, and they'll override any current telework agreements that conflict with those 2019 policies. This change is slated to happen within 60 days of the bill's enactment.
The core of the bill is a reset. It's hitting rewind on the federal government's approach to telework, ditching any pandemic-era adjustments. The bill specifically points to 5 U.S. Code § 6501 for the definition of "telework," meaning we're talking about employees working from approved locations other than their usual office. The goal here, plain and simple, is to reinstate the "reinstated telework policy," as defined in 5 U.S. Code § 6501, that each agency had in place at the end of 2019 (SEC. 2).
For federal workers, this could mean a significant shift. Imagine a graphic designer who's been fully remote since 2020, thriving in that setup. If their agency's 2019 policy only allowed for occasional telework, they might be back in the office more often. On the flip side, a data entry clerk who struggled with limited telework options in 2019 might find themselves with more flexibility if the reinstated policy is more permissive.
It's not just about where people work; it's also about existing agreements. The bill states that these reinstated 2019 policies will "supersede" any conflicting parts of current telework agreements (SEC. 2). This could mean renegotiating contracts or dealing with potential pushback from employee unions, especially if those newer agreements were more favorable to workers.
This rollback raises some practical questions. A lot has changed since 2019 – technology has advanced, work habits have evolved, and many agencies have likely adapted their workflows. Will reverting to pre-pandemic telework policies help or hinder productivity? It really depends on the specific agency and the nature of the work. For some, a return to more in-office presence might boost collaboration. For others, it could disrupt established, efficient remote setups.
One potential challenge is how agencies interpret "reinstate." Does it mean a strict, word-for-word revival of 2019 policies, or is there room for adjustments based on current needs? This could be a point of contention as agencies work to implement the new (old) rules. The bill doesn't provide explicit guidance beyond the mandate to reinstate the 2019 policies.
Longer-term, this could impact everything from office space needs (and costs) to employee morale and retention. If the reinstated policies are significantly less flexible than current ones, agencies might face challenges in attracting and keeping talent, especially in competitive fields where remote work is increasingly common.