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OPM’s Telework Shift: Why Monitoring Now Matters Legally

federal employment opm guidance performance management reasonable accommodation telework policy Jan 07, 2026

Federal employees who rely on telework should pause and read the fine print of OPM’s revised guidance. The most consequential change is not about where work happens—it is about how work will be judged, tracked, and documented. The default assumption has quietly shifted back to in-person work, with telework treated as an exception that must be justified and monitored.

Telework Is No Longer the Default Assumption

OPM’s updated guide frames telework and remote work as tools that should not allow employees to avoid working full-time, in person, at an agency worksite on a regular basis. In practical terms, agencies are now expected to start from an office-based presumption and work backward. Telework is something to be explained, not assumed. That framing alone changes how managers are likely to view offsite employees.

The Exceptions Still Exist—but They Are Narrow

Important carve-outs remain. Employees with disabilities or qualifying medical conditions may still telework under a reasonable accommodation. Certain military spouses, Foreign Service spouses overseas, and a limited category of employees already on remote agreements tied to a spouse’s location are also recognized. What has changed is not the existence of these exceptions, but the scrutiny around them.

Documentation Is the New Pressure Point

OPM is instructing agencies to document who qualifies for exceptions, justify those decisions, and actively monitor productivity. This is not about informal flexibility or managerial trust. It is about records that can later appear in audits, performance reviews, or disciplinary files. Participation in telework, remote work, and mobile work is now something agencies are expected to track for compliance and workforce analysis. Metrics and paper trails matter.

Why This Shift Is Happening

The guidance reflects a political narrative that gained traction during the 2024 campaign: the claim that offsite work equals not working. That narrative persisted despite OMB data showing that more than half of federal employees never teleworked at all, and that those who did were still onsite most of the time. Reported productivity often improved. Policy, however, has moved in response to perception rather than data.

What Federal Employees Should Do Now

First, expect closer scrutiny. Time, availability, output, and presence are all likely to be examined more closely, especially for employees working offsite under any exception. Second, ensure documentation is current and written. Verbal understandings or outdated agreements are unlikely to offer protection if questions arise. Third, pay attention to performance standards. OPM’s guidance emphasizes that offsite workers must be held to the same standards, which means agencies will feel pressure to prove enforcement.

The Legal Overlay Cannot Be Ignored

Telework decisions intersect with reasonable accommodation law, discrimination protections, retaliation claims, and performance actions. When agencies implement these rules sloppily, risk increases on both sides. For employees, understanding the rules early—and grounding telework arrangements in clear documentation—is one of the most effective ways to reduce exposure and protect a career.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While a federal employment attorney authored this post, it does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.

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