Pilot: What can Trump do to stop federal workers from working remotely? By Reuters
by Daniel Wisner
(Reuters) – President Donald Trump on Monday signed an executive order requiring most federal workers to return to work full time.
What will Trump’s order do?
Trump ordered the heads of all federal agencies to “take all necessary steps to terminate remote work arrangements” and have employees report to their “duty stations” full time. The two-sentence order states that the directive “shall be enforced in accordance with applicable law.”
Could Trump ban federal employees from working remotely?
It depends. The president has broad powers over the federal workforce, including the power to tell agencies to stop allowing non-union employees to telecommute. This includes supervisors and managers who cannot join unions, and Trump could move quickly to order them back into office.
However, about 26% of federal workers are unionized and many are covered by collective bargaining agreements that allow for remote or hybrid work. The Trump administration should wait until the deadline expires or try to renegotiate the agreements. Bargaining agreements between federal agencies and labor unions can only be challenged in court if they contain illegal terms or are the result of coercion, bribery or other abuse.
In some cases, federal agencies may need to allow employees with disabilities to work remotely. Federal law requires employers to provide “reasonable accommodation” to workers with chronic health conditions as long as they are still able to perform their job duties.
How many federal employees work remotely?
The Trump White House said on Monday that 6 percent of federal workers currently work in-person, but government data shows remote work is much more limited. According to a report released in August by the White House Office of Management and Budget, 46 percent of federal workers, or 1.1 million people, are eligible for remote work, and 228,000 are fully remote.
The U.S. Department of Defense and Veterans Affairs, which has more employees than any other agency, has the closest staff to the Department of Health and Human Services. For federal employees eligible for telecommuting, about 61% of regular work hours are spent in person, according to OMB. That figure does not fully include remote workers.
Why is Trump opposed to remote work?
Trump’s order may represent an effort to encourage some federal workers to leave, opening up positions that could be filled by political loyalists.
Elon Musk, who heads the commission created by Trump to control government spending, said in a Nov. 20 Wall Street Journal opinion piece that federal workers should not be paid a “Covid-era privilege” for telecommuting. “Having federal employees come to the office five days a week would result in a voluntary layoff that we accept,” Musk wrote.
However, agencies may engage in significant layoffs or layoffs, especially when they involve employees who have important roles or are difficult to replace.
Trump’s agenda calls for fully staffing agencies, including repealing thousands of federal laws, coordinating mass deportations, and overhauling America’s health care policy. In many cases, Trump will have to choose between cutting the federal workforce and pursuing other initiatives, experts say.
Can protested presidential firemen return to office?
The president and agency heads have broad powers to fire non-union employees for cause, including defying orders to return to the office. However, federal employees must be given 30 days written notice of termination, including an explanation of the reason for termination and an opportunity to respond.
And federal workers who lost their jobs could bring a reinstatement challenge before the Merit Systems Protection Board, an independent three-member board appointed by the president. Employees may argue to the board that they were not fired for cause, that agencies did not follow due process and violated their due process rights, or that they were targeted for discriminatory reasons. The Board’s decisions are binding unless overturned by a federal appeals court.
