Attorneys for Federal Employees — Nationwide

Nearly 200,000 federal workers and supporters follow our updates across TikTok, Instagram, YouTube, Facebook, and LinkedIn. Each briefing gives you the three stories that actually matter to your job, plain‑English legal guidance, and one short practice to protect your peace of mind. If it helps you, forward it to a colleague—new readers can subscribe at https://fedlegalhelp.com/newsletter. 

Today at a Glance

• 2026 pay raise set at 1% — Plan for a smaller increase and double-check your first 2026 pay record.
• Federal union rights case in D.C. Circuit — Workplace representation and bargaining rules may shift; don’t rely on rumors.
• OPM: Dec. 24 and Dec. 26 excused absence guidance — Confirm your status and review your timecard so leave and premium pay are correct.

Top Stories:

1. 2026 Pay Raise Set at 1% (No Locality Adjustment Announced)

Source: Federal News Network — Dec. 18, 2025

TL;DR: An executive order finalizes a 1% pay increase for most civilian federal employees starting in January 2026, with no locality pay adjustment included for 2026. The order also directs OPM to assess whether certain federal civilian law enforcement personnel should receive a higher total increase (up to 3.8%, including the 1%).

For federal employees, this means:

• Expect a smaller bump than some recent years when planning your 2026 budget.
• Check your first 2026 pay stub (and your SF-50/pay tables for your pay system) to confirm the new rate was applied correctly.
• If you are in a special pay category (special rates, supervisory, or certain law enforcement pay systems), watch for how your agency applies the update.

Legal Insight:
Pay changes like this are typically carried out through an executive order tied to Title 5 pay rules, and agencies must follow the schedule. Save a copy of the announcement and compare your new rate against your grade/step and pay plan. If your pay looks wrong, raise it in writing with HR/payroll and keep copies of your pay stubs and SF-50s. If a pay error isn’t fixed quickly, consider talking with your union and a qualified federal employment attorney—some pay-related filing windows can be short.

2. Court Hears Challenge to Executive Orders Limiting Union Rights at Many Agencies

Source: Government Executive — Dec. 16, 2025

TL;DR: The D.C. Circuit heard arguments in lawsuits challenging executive orders that would bar unions at many agencies on “national security” grounds—reported as potentially affecting about two-thirds of the federal workforce. Judges focused on whether unions must seek relief through the FLRA first. The court requested more briefing due in January, so the issue is still active and not finally decided.

For federal employees, this means:

• Your union coverage, grievance routes, and representation rules could change depending on how the courts rule.
• Watch for official agency notices and trusted union updates—don’t rely on informal workplace chatter.
• If you receive a written notice that your bargaining rights changed, save it and track what it says and when it was issued.

Legal Insight:
Federal labor-management rights for covered employees generally come from the Civil Service Reform Act framework administered by the FLRA. If you get a notice saying bargaining is limited, a union is “decertified,” or grievance options changed, save the notice and ask for the policy basis in writing. Review your collective bargaining agreement (if you’re covered) and follow your agency’s written procedures for grievances and representation requests. Because deadlines can be short in grievances, ULPs, EEO, MSPB, or OSC-related situations, consider talking with your union and a qualified federal employment attorney if you think your rights are being cut off.

3. OPM Guidance: Dec. 24 and Dec. 26 Excused Absence Treated Like Holidays

Source: OPM (CHCOC Memorandum, CPM 2025-17) — Dec. 18, 2025

TL;DR: OPM issued government-wide guidance explaining that the President excused federal employees from duty on Wednesday, Dec. 24, 2025 and Friday, Dec. 26, 2025, except for employees who cannot be excused due to national security, defense, or other public need. For pay and leave purposes, the memo says these excused days will be treated as holidays, and employees scheduled to take annual leave generally should not be charged leave for the scheduled workday. Employees required to work non-overtime hours on those days may be entitled to holiday premium pay under 5 U.S.C. § 5546(b) (with exceptions).

For federal employees, this means:

• Confirm whether you are excused or required to work (especially if you’re in a mission-essential role).
• After the pay period closes, review your timecard and leave balances to make sure annual leave wasn’t wrongly charged.
• If you worked, check whether the right premium pay was applied based on your role and schedule.

Legal Insight:
This is mainly a pay-and-leave administration issue under the federal Title 5 holiday and premium pay framework plus OPM guidance. Keep your approved leave requests and a screenshot/export of your time and attendance record for the affected pay period—especially if you work a compressed or flexible schedule. If you were charged leave incorrectly, ask HR/timekeepers for a written correction and save the updated record. If a pay/leave issue turns into a formal dispute, your union (if covered) can often help you use the right process and timeline.

Help us feed the DMV, this Saturday. 

Legal Tip of the Day

Telework, Timekeeping, and Off-the-Clock Work

Telework and flexible schedules can be great, but they also create timekeeping risks. Make sure you clearly understand your approved tour of duty and any overtime or credit hour rules. Never work “off the clock,” respond to work emails while on approved leave, or adjust your time card to “help” your supervisor without written guidance. If you’re non-exempt, even “just 15 minutes” of unpaid work can become an issue later—for you and the agency. If you’re being pressured to fudge your hours or feel discipline brewing over timekeeping, our firm can help you navigate the situation before it gets worse. 

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