Attorneys for Federal Employees — Nationwide

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Today at a Glance

• Admin leave used during workforce reductions: Know your status, keep everything in writing, and watch deadlines.

• Union rights cases in the D.C. Circuit: Your bargaining and grievance options could shift—stay alert to notices.

• Telework as a disability accommodation at HHS/CDC: Process changes may slow approvals—protect your medical info and request written decisions.

Top Stories:

1. EPA Paid Employees to Stay on Administrative Leave During Downsizing

Source: Washington Post — December 17, 2025

TL;DR: The Washington Post reports EPA spent over $86.5 million paying more than 2,600 employees placed on administrative leave during a workforce reduction, and many later resigned or were fired. The story also notes broader government use of paid leave and separation incentives, and questions about legal limits on long-term administrative leave.

For federal employees, this means:

• If you’re put on administrative leave or notice leave, expect fast changes to reporting requirements, pay/benefits, and potential separation actions.
• Ask for clear written instructions (who you report to, whether you can work, and what happens next).
• Do not assume deadlines stop just because you’re offsite—appeal/grievance timelines can still run.

Legal Insight:
Administrative leave rules have limits, including under the Administrative Leave Act (5 U.S.C. § 6329a) and related OPM guidance. Save your leave notice, time-and-attendance records, and any emails about duty status or return dates. If the leave connects to a proposed removal, reassignment, or RIF-like action, calendar response deadlines right away. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

2. Court Weighs Challenge to Executive Orders Limiting Federal Union Bargaining

Source: Government Executive — December 16, 2025

TL;DR: A D.C. Circuit panel heard arguments in three cases brought by federal unions challenging executive orders that restrict bargaining at many agencies based on “national security” grounds. Judges questioned whether disputes must go through the FLRA first and ordered more briefing due in January.

For federal employees, this means:

• Your union representation, bargaining coverage, and grievance routes may change depending on court and FLRA actions.
• Watch for agency notices about bargaining unit status or process changes—and keep copies.
• If you have a live workplace issue (leave, discipline, telework, schedule, safety), don’t assume the “right forum” is clear—preserve your deadlines.

Legal Insight:
These cases involve the federal labor law framework under the Civil Service Reform Act (often called the Federal Service Labor-Management Relations Statute) and “national security” exclusions. If your component is affected, confirm in writing what process applies today: negotiated grievance, administrative process, or something else. If you’re facing a time-sensitive issue, consider filing something timely (grievance/ULP/appeal) so you don’t lose rights while agencies sort out procedures. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

3. HHS/CDC Telework Accommodation Changes Raise Concerns About Process and Privacy

Source: Federal News Network — December 16, 2025

TL;DR: Federal News Network reports CDC supervisors are concerned that new HHS restrictions may slow disability-related telework and interim accommodations. The story says supervisors were instructed to send medical documentation to agency leadership to “bypass” the typical reasonable accommodation process, and it notes a Senate letter warning the policy could harm workers with disabilities.

For federal employees, this means:

• If you rely on telework as a disability accommodation (especially at HHS/CDC), approvals may take longer and interim arrangements may end sooner.
• Keep your accommodation request organized and ask for written decisions and next steps.
• Be careful with medical documents—ask who will see your information and how it will be protected.

Legal Insight:
Federal disability accommodations are rooted in Section 501 of the Rehabilitation Act and require an individualized, interactive process. Put your request in writing and keep a clean record of what you submitted and when. If an interim accommodation ends and you’re told to return onsite or use leave, ask for the reason in writing and what review or reconsideration options exist. Because deadlines can be short, consider talking with your union and a qualified federal employment attorney.

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Legal Tip of the Day

Speaking Up as a Whistleblower

Reporting waste, fraud, abuse, or serious mismanagement is protected in many circumstances, but how you do it matters. Before you blow the whistle, think about where you’re reporting (e.g., OIG, OSC, Congress, or management) and how to frame your disclosure in factual, professional terms. Keep records of what you reported, when, and to whom. If negative actions follow—sudden discipline, reassignment, or exclusion from work—you’ll need that timeline. Don’t assume every complaint is “whistleblowing”; the law is particular about what qualifies. If you think you’re facing retaliation for raising concerns, our office, which only represents federal employees, can help you evaluate whether you have whistleblower protections.

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