Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Federal staffing contraction in 2025: Fewer people can mean heavier workloads and more reassignments—document changes early.
• Telework restrictions in 2026: Expect tighter rules and more in-office time—know your exceptions and put requests in writing.
• Probationary appeals proposal: If you’re in a trial/probation period, your challenge options may narrow—track dates and keep records.

Top Stories:

1. Agencies Lost 317,000+ Workers in 2025—Why 2026 May Feel Heavier

Source: Federal News Network — January 1, 2026

TL;DR: Federal News Network reports agencies lost more than 317,000 employees in 2025, describing a major contraction even with new hiring. The story highlights ripple effects for services and increased disruption for employees who stayed.

For federal employees, this means:

• You may see higher workloads, shifting priorities, and more reassignments—especially in harder-hit components (including DoD and Treasury, with Treasury reductions concentrated in IRS).
• If your job duties, reporting chain, or performance expectations change, ask for the change in writing and keep copies.
• If your agency starts talking about downsizing, watch for formal notices and avoid relying on hallway updates.

Legal Insight:

If an agency reduces positions through a formal Reduction in Force (RIF), federal rules (including 5 C.F.R. Part 351) govern notice, retention standing, and options like reassignment. If your duties or supervision change significantly (details, reassignments, higher‑graded work), request clarification in writing and keep copies of updated duties and performance expectations. If you receive a proposed adverse action or RIF notice, save every document, calendar every deadline, and request the materials the agency relied on. Because deadlines can be short, consider talking with a qualified federal employment attorney.

2. Telework Expected to Tighten in 2026—Plan for Changes and Know Exception Paths

Source: Bloomberg Law — December 31, 2025

TL;DR: Bloomberg Law reports that OPM guidance tells agencies to sharply tighten telework/remote work in 2026 and treat remote work as rare outside limited circumstances.

For federal employees, this means:

• Your remote or hybrid schedule may be narrowed or ended, with more required in-office time.
• If you may qualify for an exception (including certain disability/medical circumstances, military spouse considerations, or other “compelling” reasons mentioned in the reporting), start gathering documentation now and submit requests in writing.
• If your schedule changes, confirm the effective date and the new expectations in writing so you’re not judged by unclear rules.

Legal Insight:
Telework is governed by agency policy and (for many employees) a written telework agreement, and agencies still must follow reasonable accommodation requirements for disability (Rehabilitation Act) and religion (Title VII). If you need telework for a disability, medical condition, or religious practice, submit the request in writing, follow your agency’s process, and keep supporting documentation. If your supervisor changes your schedule, ask for the decision and reasoning in writing and keep a copy of any revised telework agreement and time-and-attendance instructions. If a denial leads to discipline or you believe discrimination is involved, act quickly—deadlines can be short, so consider talking with HR/EEO and a qualified federal employment attorney.

3. OPM Proposal Could Narrow Probationary Termination Appeals—Know Your Status and Document

Source: FedSmith — December 31, 2025

TL;DR: FedSmith reports OPM proposed a rule that would narrow probationary employees’ ability to appeal terminations, shifting review from MSPB to OPM and limiting appeals to specific grounds. The proposal is not final.

For federal employees, this means:

• If you are in a probationary or trial period, your ability to challenge a termination could become even narrower if the proposal is finalized.
• Your probation end date matters—track it and keep a clean file of performance expectations, feedback, and key work product.
• If you receive a separation notice, do not wait—calendar deadlines immediately.

Legal Insight:
Probationary and trial periods already come with limited job protections, and agencies can separate employees more easily than after you gain tenure. Practical steps: know your probation end date, ask for clear performance expectations in writing, and keep copies of key work product, training records, and performance discussions. If you receive a removal notice during probation, request the reason in writing and immediately calendar all response and filing deadlines. Because deadlines can be short and rights differ by appointment type, consider talking with a qualified federal employment attorney as soon as you receive a notice.

Legal Tip of the Day

Build a Simple "Work Timeline"

When something important happens at work, don’t rely on memory. Start a simple timeline at home or on a personal device: date, what happened, who was involved, and where you saved any related emails or documents. Add big events (new supervisor, move to a different unit) as well as problem events (comments, assignments, write-ups). Over months or years, this becomes a powerful tool to see patterns and explain your story clearly if a dispute arises. If your timeline is starting to worry you, our firm can review it with you and discuss what steps make sense for your situation. 

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