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SSA Ends Alternative Work Schedules: What the Law Says and What to Do if Your Schedule Is an Accommodation

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The Social Security Administration (SSA) has told its workforce that every 4/10 and 5/4/9 alternative work schedule is ending in mid-November, and the move raises real questions under the law that governs compressed schedules. If your schedule is how you manage a disability, one part of this affects you directly.

What SSA Announced

SSA's HR chief emailed the whole agency that every 4/10 and 5/4/9 schedule ends for all employees. SSA's stated reason is that the days off thin staffing and hurt service to the public. AFGE said no and filed a national grievance, calling the move an illegal repudiation, and says few employees even use these schedules. AFGE's grievance comes months after an arbitrator found that SSA violated its agreement by canceling telework, a ruling SSA is appealing to the FLRA.

What 5 U.S.C. § 6131 Says

Under 5 U.S.C. § 6131, an agency can terminate a negotiated compressed schedule mid-contract only upon a finding of an adverse agency impact, such as diminished service to the public. If the union disagrees, the agency has to prove it to the Federal Service Impasses Panel, and the schedule stays in place until the Panel rules. SSA's own reason, thinner staffing and weaker service to the public, is the phrase to watch.

A Schedule Can Also Be an Accommodation

A modified schedule is a recognized reasonable accommodation under the Rehabilitation Act. A memo to everyone is a policy, not a finding that your accommodation is an undue hardship. OPM and EEOC's 2026 guidance tells agencies to prioritize alternative work schedules over telework when an employee with a disability requests an accommodation, which makes SSA's decision to end these schedules entirely a notable choice.

What to Do Now

If your schedule is tied to a disability, request it as a reasonable accommodation, in writing, before your schedule ends. SSA has to evaluate you individually. If you are denied, you have 45 days to contact an EEO counselor. If you are at SSA, talk to your union steward before you give up a schedule the law may still protect. Nothing here is final, and no one has ruled yet.

If you are weighing a request or a denial, a conversation with federal employment attorneys at Southworth PC is available as a free consultation.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. 

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