Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Health Benefits: A final OPM rule takes effect July 2 requiring FEHB and Postal Service Health Benefits enrollees to prove that the family members on their plans are eligible — and to remove those who are not.

• Disability Accommodations: A union says the National Science Foundation is asking employees, including those with disabilities, to work in its new building without their already-approved accommodations until the agency "tests" whether they are still needed.

• Federal Hiring: The Centers for Medicare & Medicaid Services is hiring about 1,200 people, mostly in technology and anti-fraud roles, as the Department of Health and Human Services reverses some of last year's cuts.

Top Stories:

1. OPM Finalizes FEHB Rule Requiring Proof of Family Members' Eligibility — Checks Begin July 2

Source: Federal News Network, June 1, 2026

TL;DR: The Office of Personnel Management (OPM) has finalized a rule requiring federal employees and retirees to document that the family members they cover under the Federal Employees Health Benefits (FEHB) program and the Postal Service Health Benefits (PSHB) program are eligible. The final rule was published in the Federal Register on June 2, 2026, and takes effect July 2, 2026. It implements the FEHB Protection Act of 2025, which directed OPM to build a verification process and a way to remove enrolled members who do not qualify. Going forward, an enrollee adding a family member after a qualifying life event (QLE) — such as a marriage or a birth — and an enrollee making changes during Open Season will have to provide proof such as a marriage certificate, birth certificate, or tax records. OPM estimates roughly 4 million family members were covered across the two programs in 2025 and that about 3% may be ineligible, and it expects to verify around 100,000 family members each year. Spouses and children under age 26 generally qualify; grandchildren, parents, former spouses, and domestic partners generally do not.

For federal employees, this means:

• Pull your documents now — marriage and birth certificates, and tax records — so you can respond quickly when OPM or your carrier asks you to verify a family member.

• If you currently cover someone who is not eligible, such as an ex-spouse after a divorce, a parent, or a grandchild, expect that person to be removed; the immediate fix is to drop them, but knowingly keeping an ineligible person on the plan can create larger problems.

• Watch your mail and email for verification notices and meet the stated deadline, because missing it can put your family's coverage at risk.

Legal Insight:

The FEHB program is governed by 5 U.S.C. Chapter 89, and "member of family" is defined at 5 U.S.C. § 8901(5) — generally a spouse and children under 26. OPM's new verification requirements are codified at 5 C.F.R. Part 890 and take effect July 2, 2026 under the FEHB Protection Act of 2025. If you receive a notice removing a family member you believe is eligible, or a qualifying-life-event change is denied, you generally have a limited window to respond or appeal through your carrier and OPM; when coverage for a dependent is on the line, it is worth contacting your HR or benefits office, or a federal employment attorney, promptly.

2. Union Says NSF Is Telling Employees to Work Without Their Approved Disability Accommodations

Source: Federal News Network, May 29, 2026

TL;DR: The American Federation of Government Employees (AFGE) says the National Science Foundation (NSF) is requiring employees — including employees with disabilities — to report to its new headquarters without the reasonable accommodations they had already been granted. According to the union, NSF management's position is that the medical necessity of those accommodations has not yet been "tested" in the new building, so employees should first try working there without them. The move is tied to the governmentwide push to return federal employees to full-time, in-person work. An NSF spokesperson said the agency "prioritizes the health and safety of its staff and remains committed to fulfilling all legal obligations under the Rehabilitation Act," and that it is continuing to assess the new workplace during the transition. The dispute centers on whether an agency can pause an existing accommodation while it re-evaluates a new worksite.

For federal employees, this means:

• An accommodation that was already approved does not automatically disappear because your office moved; the agency generally must keep working with you rather than simply switch it off.

• If you are told to work without your accommodation, put your request in writing and keep copies of the request, your medical documentation, and the agency's response.

• If your accommodation is denied or indefinitely delayed, you generally must contact an EEO counselor within 45 days to protect a disability-discrimination claim.

Legal Insight:
Section 501 of the Rehabilitation Act, 29 U.S.C. § 791, requires federal agencies to provide reasonable accommodation to qualified employees with disabilities unless doing so would impose an undue hardship, and it applies the standards of the Americans with Disabilities Act through 29 C.F.R. § 1614.203. Agencies are generally expected to engage in the interactive process and ordinarily may not unilaterally withdraw an existing accommodation without it. An employee who believes accommodation has been denied must contact an EEO counselor within 45 days of the action under 29 C.F.R. § 1614.105(a)(1); because that deadline is short and easy to miss, it is worth speaking with a federal employment attorney as soon as the issue arises.

3. CMS to Hire About 1,200, Mostly in Tech and Anti-Fraud Roles, as HHS Reverses Some Cuts

Source: Federal News Network, May 26, 2026

TL;DR: The Centers for Medicare & Medicaid Services (CMS) plans to hire about 1,200 employees, with roughly 100 of them in its Office of Information Technology. The agency says it is recruiting full-stack engineers, cybersecurity professionals, and data scientists, along with managers to lead those teams, and is focused on expanding AI-driven fraud prevention through its Fraud Defense Operations Center. The hiring comes as the Department of Health and Human Services (HHS), which reduced its workforce by roughly a quarter in 2025, has said it plans to bring on about 12,000 employees overall. For a workforce that has spent two years absorbing layoffs and buyouts, it is a notable step in the other direction.

For federal employees, this means:

• This is a rare, large federal hiring push; current employees can apply through status and merit-promotion announcements, so check USAJOBS for CMS openings.

• Employees who were separated in 2025 reductions in force (RIFs) may qualify for selection priority for these competitive-service jobs under CTAP/ICTAP.

• Technology, cybersecurity, and data skills are in the strongest demand, and CMS is also hiring supervisors to lead the new teams.

Legal Insight:
Federal hiring is built on the merit system principles in 5 U.S.C. § 2301, including recruitment and selection based on ability and fair, open competition. Employees displaced by a reduction in force may receive selection priority under the Career Transition Assistance Plan (CTAP) and the Interagency Career Transition Assistance Plan (ICTAP), 5 C.F.R. Part 330, Subparts F and G; an eligible, well-qualified applicant who applies under those programs can be selected ahead of other candidates.

Mindful Moment of the Day

The Meeting Room Exhale 

Walking into a conference room for a briefing, investigation meeting, performance discussion, or tense staff meeting can make your body feel like it is preparing for impact. Your breath may get shallow, and your mind may start rehearsing every possible thing that could go wrong. Before the meeting begins, place both feet firmly under the table and take a slow exhale that is longer than your inhale. Let your hands rest on your notes. Remind yourself, “I can listen before I respond.” This gives you a little more room to stay present and choose your next words carefully. 

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