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. 

🎧 Listen: Civil Rights for Civil Servants

Shaun Southworth & Lydia Taylor on what's happening to the federal workforce. Latest episode: Apple · Spotify · Amazon Music · Youtube

Listen to the latest episode of Civil Rights for Civil Servants They kept a file on you. It's time you kept one on them. For the last year and a half, federal employees have lived through hiring freeze... player.captivate.fm

Today at a Glance

• TELEWORK REQUESTS: H.R. 10713 would give every federal employee a formal telework request process, written denials, an appeal ending at the MSPB, and automatic approval after 90 days of supervisor silence. It is a proposal, not law; medical telework today still runs through a reasonable accommodation request.

• CISA CYBER PAY: CISA keeps its cyber retention incentive through fiscal 2027 but narrows eligibility to three job series, a 51 percent cyber-duties test, and an "exceeds expectations" rating that OPM's 40 percent cap makes harder to earn. A terminated incentive is not appealable, but you keep what you earned and must get written notice.

• HATCH ACT ENFORCEMENT: With the midterms 26 days away, OSC's September 30 announcement of five Hatch Act settlements shows what draws discipline: three- to ten-day suspensions, one retirement with a four-year ban, and an MSPB complaint against a Federal Protective Service supervisor accused of suggesting to subordinates which candidate to back.

Top Stories:

1. A House Bill Would Give Feds a Real Telework Request Process — Written Denials, a 90-Day Automatic Approval, and an Appeal to the MSPB — and What the Law Requires Today While the Bill Waits

Source: Federal News Network, October 7, 2026

TL;DR: Rep. Suhas Subramanyam (D-Va.) introduced the Federal Telework Protection Act, H.R. 10713, on October 1 with five cosponsors; it sits in the House Oversight and Government Reform Committee. An employee could submit a telework request to the immediate supervisor, who would have to make a "reasonable determination" considering "medical conditions, caregiving, disability, and significant commuting time" and explain every decision in writing. A denial could be appealed to a new telework office in each agency and then to the Merit Systems Protection Board, retaliation for a request or appeal would be barred, and a request with no decision after 90 days would be "deemed approved" until a final decision issues. Employees with an "urgent medical condition" could get 10 to 15 business days of interim telework, and no funds could be spent to carry out the January 20, 2025 return-to-office memorandum. Federal News Network reports that telework and remote-work hours are down 75 percent governmentwide and that employees have accused agencies of slow-rolling or denying accommodation requests to telework. With Congress out until after the election, FNN calls its prospects unclear.

For federal employees, this means:

• Nothing changes today. H.R. 10713 is a proposal; your agency's telework policy and, where one still applies, your collective bargaining agreement control what you can request.
• If you need telework for a medical condition, the enforceable path now is a reasonable accommodation request under the Rehabilitation Act. Put it in writing, state your limitation and what you are asking for, and keep a dated copy; the request starts the interactive process and the agency's processing clock.
• If your request has sat for months or was denied without an individualized look at your job and condition, track the dates: a denial or an unreasonable delay starts the 45-day deadline to contact an EEO counselor.

Legal Insight

The Telework Enhancement Act of 2010 requires every agency to maintain a telework policy, decide eligibility, and use written telework agreements, 5 U.S.C. § 6502(a)–(b), but it gives an employee no right to telework and no appeal from a denial, which H.R. 10713 would change by amending 5 U.S.C. § 6505. Until Congress acts, the Rehabilitation Act governs: EEOC's rules require each agency to publish accommodation procedures that let an employee request an accommodation "orally or in writing at any time," set a maximum processing time that runs from the first request, and provide expedited processing when a request cannot wait, 29 C.F.R. § 1614.203(d)(3)(i)(D), (M), (P). A denial or an unreasonable delay is challenged by contacting an EEO counselor within 45 days, 29 C.F.R. § 1614.105(a)(1). If yours has stalled or been denied, consult a federal employment attorney or your union representative before that window closes.

2. CISA Keeps Its Cyber Retention Pay but Narrows Who Gets It — Three Job Series, a 51% Cyber-Duties Test, and an "Exceeds" Rating That OPM's 40% Cap Now Limits — Here Is What the Rules Say About Losing an Incentive

Source: Federal News Network, October 5, 2026

TL;DR: The Cybersecurity and Infrastructure Security Agency (CISA) will continue its Cybersecurity Retention Incentive program through fiscal 2027 under a July policy signed by acting Director Nick Andersen, with criteria effective October 1 that Federal News Network reports will leave fewer employees eligible. The incentive can add up to 25 percent of base salary. To qualify, an employee must be in the IT Management, Mathematical Science, or Computer and Electronics Engineering job series, spend at least 51 percent of work time on cyber duties, and receive an "exceeds expectations" or higher annual rating; an employee outside those series with 75 percent or more cyber duties can ask a new board of senior CISA executives to review eligibility. That collides with OPM's governmentwide cap limiting the top two rating levels to 40 percent of an agency's employees, which FNN reports could push some CISA staff out of the program. CISA said in December 2025 it would end the program after a DHS inspector general found it mismanaged; the agency now says the restructured program "narrowly targets" employees performing mission-critical cyber functions. CISA lost roughly 1,000 employees, about a third of its workforce, between January 2025 and January 2026, and current and former employees told FNN the narrower program could prompt more departures.

For federal employees, this means:

• If you receive a retention incentive, read your service agreement if you have one; it must state when the agency may end the payments and what happens then.
• At CISA your rating of record now carries a direct pay consequence: below "exceeds expectations" ends eligibility, and OPM's cap limits how many top ratings an agency can give. Ask for the written narrative behind your rating and keep your own record.
• Losing a retention incentive is not an adverse action you can appeal, but the agency must notify you in writing, and you keep payments attributable to service already completed. If you believe a lowered rating was retaliation for whistleblowing or EEO activity, those claims have their own channels.

Legal Insight

Retention incentives are authorized by 5 U.S.C. § 5754 when an employee's "unusually high or unique qualifications" or a "special need of the agency" makes retention essential and the employee "would be likely to leave" without the payment; an individual incentive is capped at 25 percent of basic pay and a group incentive at 10 percent unless OPM waives the limit, 5 U.S.C. § 5754(e)(1), (f). OPM's rules require an annual review of every incentive, allow the agency to end a service agreement "based solely on the management needs of the agency," and require termination when the rating of record falls below "Fully Successful," 5 C.F.R. § 575.311(a)(1), (a)(3), (b)(2). A termination or reduction "is not grievable or appealable," but the employee is entitled to written notice and keeps payments attributable to completed service, 5 C.F.R. § 575.311(c), (g), (h).

3. The Midterms Are 26 Days Away — OSC Settles Five Hatch Act Cases With Suspensions of Three to Ten Days and One Retirement With a Four-Year Ban, and Takes a Federal Protective Service Supervisor to the MSPB

Source: U.S. Office of Special Counsel (press release), September 30, 2026

TL;DR: The Office of Special Counsel announced September 30 that it settled five Hatch Act cases and filed a disciplinary complaint with the MSPB in a sixth; FEDweek covered it October 6. A Department of Veterans Affairs employee who discussed candidates and parties with subordinates at work and in a group text, and wore a hat and sweatshirts opposing a presidential candidate in the workplace before the 2024 election, agreed to retire and not seek federal employment for at least four years. An IRS employee who repeatedly drew coworkers into candidate discussions despite "significant knowledge of the Hatch Act" accepted a 10-day suspension. A VA supervisor who made partisan Facebook posts on duty and reposted a candidate's fundraising message with a "Donate Now" button accepted six days; an FBI employee who shared campaign material and a donation link on Facebook accepted five; and a State Department employee who posted partisan messages on LinkedIn while on duty accepted three. OSC's MSPB complaint alleges a Federal Protective Service employee, while inspecting subordinates' vehicles in September 2024, suggested they vote for a particular candidate, political activity on duty in a federal building and a use of official authority to affect an election; OSC seeks "a reprimand, suspension without pay, removal, debarment from federal employment, a civil penalty, or other administrative sanctions." The midterm elections are November 3.

For federal employees, this means:

• On duty, in a federal building, in uniform, or in a government vehicle: no partisan political activity at all. Posting or reposting about candidates from your desk counts, and so does wearing a candidate's hat or sweatshirt at work.
• Never share anything that asks for money. Two settlements involved sharing a candidate's donation link or a fundraising post with a "Donate Now" button; OSC treats that as soliciting a political contribution, prohibited at any time, on or off duty.
• Supervisors carry extra exposure: the retirement settlement and the MSPB complaint both involve talking candidates with subordinates, and using official authority to influence a vote is a separate violation. FBI employees and other "further restricted" staff cannot take an active part in a campaign even off duty.

Legal Insight

Most federal employees may campaign off duty, but every employee is barred from using "official authority or influence for the purpose of interfering with or affecting the result of an election" and from knowingly soliciting, accepting, or receiving a political contribution, 5 U.S.C. § 7323(a)(1)–(2), and from any political activity while on duty, in a federal building, in uniform, or in a government vehicle, 5 U.S.C. § 7324(a); employees of the FBI and the other agencies listed in 5 U.S.C. § 7323(b)(2) may not take an active part in political management or campaigns at all. The penalties are "removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, or reprimand," a civil penalty of up to $1,000, or a combination, 5 U.S.C. § 7326, imposed by the MSPB on an OSC complaint, and an employee facing a complaint is entitled to answer in writing, to be represented by an attorney or other representative, and to a hearing, 5 U.S.C. § 1215(a)(2). If OSC contacts you about a Hatch Act complaint, consult a federal employment attorney or your union representative before you respond.

Mindful Moment of the Day

The Unanswered Request Pause

You sent the request weeks ago, and the silence has started to take up room: a glance at your inbox before you have even sat down, a conversation rehearsed in the shower, a tightness in your chest when your supervisor's name appears. Before you check again, pause. Feel your feet on the floor and let three slow breaths lengthen the exhale. Silently say, "I cannot control when they answer, but I can control what I do today." Then take one small step within your reach: write down the date you asked and what you asked for, and keep that note somewhere private. Mindfulness here does not mean pretending the waiting is easy; it means noticing the worry without letting it make the next decision for you. 

In Case You Missed It

A few quick hits from our recent posts:

FEHB Premiums Rise 10.9% for 2027 as Pay Freeze Looms: 3 Moves Before Open Season Ends

Judge Orders Bureau of Prisons to Reinstate Union Contract Through May 2029

AFGE Sues EPA Over Discipline of 139 Employees Who Signed a Dissent Letter

Worried About Retaliation or Being Targeted for Speaking Up?

If you’ve reported misconduct, safety concerns, discrimination, or waste/fraud/abuse—and now you’re seeing sudden schedule changes, bad performance reviews, or threats of discipline—you may be in whistleblower or retaliation territory.