Attorneys for Federal Employees — Nationwide

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Today at a Glance

• HHS tightens telework accommodations: New rules make it harder for HHS employees with disabilities to get or keep telework as a reasonable accommodation.
• OPM reassures managers on performance actions: Memo says supervisors are rarely personally sued for performance decisions, which may encourage more PIPs and removals.
• Judge blocks State Department layoffs: A court order stops more than 200 State Department RIF‑related layoffs tied to the recent shutdown funding law, at least for now.

Top Stories:

1. HHS Tightens Telework as a Disability Accommodation

Source: Federal News Network — December 4, 2025

TL;DR: HHS has issued a new reasonable accommodation policy that makes it harder to approve telework, remote work, or reassignment as a disability accommodation. All such requests must now be approved by an assistant secretary or higher, and telework is generally not allowed as an “interim” accommodation unless a top official signs off. CDC leaders told staff that telework accommodations “will be repealed,” although union pressure has already forced reversals of some earlier CDC moves.

For federal employees, this means:

• If you work at HHS or CDC and use telework as a disability accommodation, your arrangement may be reviewed, changed, or delayed.
• You may wait longer for new telework or reassignment decisions because they must go to very senior officials.
• You should carefully read and save any notice you get about changes to your existing accommodation.

Legal Insight:
This policy sits under the Rehabilitation Act and ADA, as well as HHS’s own reasonable accommodation rules and OPM’s disability guidance. The agency still has to provide an effective accommodation, but it now has tighter internal control over how that accommodation is delivered and who can approve telework or reassignment. If you rely on telework as an accommodation, keep copies of your past approvals, medical documentation, and any new emails or letters about changes, and ask HR or the Reasonable Accommodation office to confirm those changes in writing. If your request is denied, cut back, or stalled, you may have options such as reconsideration, an EEO complaint, or a union grievance, depending on your situation. Because deadlines for EEO and related claims can be short and very technical, consider talking with your union and a qualified federal employment attorney if your accommodation is reduced or revoked.

2. OPM Memo May Encourage More Performance Actions

Source: Federal News Network — December 4, 2025

TL;DR: OPM issued a memo on November 21 telling agencies that managers are almost always acting on behalf of the agency—not in a personal capacity—when they handle performance issues. The memo says there is a very “limited scope” where a manager could be personally liable for performance‑related decisions and notes that, in the rare case of a personal lawsuit, the Justice Department generally provides representation. OPM wants to calm supervisors who have been hesitant to use tools like PIPs and removals because of fear of being personally sued, while still reminding them that discrimination, harassment, or whistleblower retaliation can create individual risk.

For federal employees, this means:

• You may see managers feel more confident using performance tools such as PIPs, demotions, and removals.
• Any performance notice or plan you receive should be treated as serious and time‑sensitive.
• You should expect performance issues to be handled mainly through agency processes like MSPB, EEO, or grievances—not personal lawsuits against your supervisor.

Legal Insight:
The memo on “Personal Liability for Managers and Supervisors Conducting Personnel Management Functions” builds on Title 5’s performance and adverse action rules and existing case law. For employees, the key point is that performance actions are usually treated as agency actions, which means your rights run through formal systems like MSPB, EEO, or your union’s grievance process. If you get a PIP, a mid‑year review with negative comments, or a proposal to demote or remove you, save every document, email, and note about expectations and your response. Calendar all deadlines listed in the notice, ask written questions if anything is unclear, and consider contacting your union, EAP, and a federal employment attorney early rather than waiting for a final decision. Because the timelines to challenge performance‑based actions can be very short, consider talking with your union and a qualified federal employment attorney as soon as you receive a PIP or proposal letter.

3. Judge Blocks State Department Layoffs Under Shutdown Funding Law

Source: Government Executive — December 4, 2025

TL;DR: A federal judge in San Francisco issued a temporary restraining order that stops the State Department from carrying out more than 200 layoffs that were set to take effect on December 5. AFGE and the American Foreign Service Association argue that Section 120 of the continuing resolution that ended the 43‑day shutdown (H.R. 5371) blocks agencies from spending money on RIF actions between November 12, 2025, and January 30, 2026, and requires them to rescind certain RIFs that took place during the shutdown. The judge agreed to freeze the State Department RIFs while the lawsuit moves forward, and unions are asking the court to force other agencies to reverse RIFs they say did not fully comply with the law.

For federal employees, this means:

• If you received a RIF notice tied to the recent shutdown, your situation may be affected by this case and by Section 120 of the continuing resolution.
• Some RIF actions carried out during the shutdown may have to be rescinded or re‑examined under the shutdown law.
• You should not assume your separation is final until you understand how the law and any court orders apply to you.

Legal Insight:
The key authority here is Section 120 of H.R. 5371, the continuing resolution that ended the shutdown and limited spending on RIFs during a specific period. That section also directs agencies to rescind certain RIFs carried out while the government was shut down, and the unions’ complaint argues that agencies did not go far enough. If you received a RIF notice during the shutdown or are scheduled for separation while this continuing resolution is in effect, save every notice, email, and checklist you receive and ask HR in writing how Section 120 affects your position. You should also watch MSPB, OPM, and agency guidance on RIF appeals so you know the deadline for appeals, bump/retreat choices, and priority placement programs. Because RIF appeal and complaint timelines are strict and the issues are complex, consider talking with your union and a qualified federal employment attorney right away if you are facing a RIF.

Legal Tip of the Day

Don’t Miss Short Deadlines

Federal employees face surprisingly short deadlines when something goes wrong. Contacting an EEO counselor, filing a grievance, or appealing to the MSPB can have windows measured in days, not months. Don’t wait to “see how things play out” if you suspect discrimination, retaliation, or an unfair action. Mark key dates on a personal calendar and save any notices that mention appeal rights. Even just asking, “What is my deadline to respond or appeal?” is a smart step. If you’ve received a notice and aren’t sure what the timelines mean, our office can review it with you before time runs out. 

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