PolicyBrief
H.R. 357
119th CongressJan 13th 2025
Back to Work Act
IN COMMITTEE

The "Back to Work Act" limits federal employee telework to a maximum of 40% of workdays per pay period, with exceptions for certain situations, and requires agencies to report on telework's impact.

Zachary (Zach) Nunn
R

Zachary (Zach) Nunn

Representative

IA-3

LEGISLATION

Federal Telework Capped at 40% Under New 'Back to Work Act': Locality Pay Also Adjusted

The 'Back to Work Act' is shaking up how federal employees work, primarily by limiting telework to a maximum of 40% of an employee's working days within a pay period. That's two days a week, max, for most full-time feds. This change kicks in 180 days after the law is enacted.

Capping Remote Work

The core of the bill (SEC. 2) restricts telework across federal agencies. While 40% is the ceiling, agency heads can tighten the reins even further. They can limit telework for employees who handle classified info, are new to their jobs, or hold managerial roles. Think of it like this: if your job requires being on-site, your telework days might be fewer than your colleagues'.

But there are exceptions. Agency heads can waive the 40% limit for:

  • Spouses of military members or federal law enforcement officers.
  • Employees with hard-to-find skills.
  • Roles that involve a lot of travel.
  • Positions that are tough to fill.
  • When bad weather or emergencies hit.

Pay Changes for Remote Workers

If you're a federal employee with a telework agreement, your locality pay—that's the extra cash to cover the cost of living in pricier areas—is changing. Under this bill, you'll be bumped to the "Rest of United States" locality pay area (SEC. 2). For some, that might mean a pay cut if they live in a high-cost area not covered by the "Rest of US" designation. It's essentially saying, "If you're working remotely, your location matters less for pay."

Keeping Tabs: Reporting and Oversight

The Act isn't just about setting limits; it's also about tracking how it all plays out. Agencies have to send annual reports to Congress (SEC. 2) covering:

  • How they measure teleworker productivity.
  • What's stopping them from hitting the 40% limit (and what they're doing about it).
  • Any bad stuff linked to telework, like higher costs, security problems, morale dips, productivity drops, or chances for fraud.
  • How they're responding to any telework-related recommendations or flags from the Inspector General.

The Comptroller General will then check these agency reports for accuracy (SEC. 2).

Real-World Impact: The Good, the Bad, and the Uncertain

For some federal workers, this will mean a return to the office, which might be good for collaboration and team cohesion. For others, especially those who moved further from the office during the pandemic, it could mean longer commutes or even relocation. For military spouses or those with specialized skills, the waiver options could offer some flexibility. The locality pay change could save taxpayer money, but it could also mean a financial hit for some remote workers. The increased reporting requirements aim for greater accountability, but there's also a risk that agencies could manipulate metrics or that the waivers could be applied inconsistently. It will be interesting to see if productivity levels change, and what those changes will be.