Federal Employee Return to Work Act
- Bill Number
- H.R. 236
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-01-07: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-03-05T16:07:01Z
AI-Generated Summary
Purpose
The Federal Employee Return to Work Act (H.R. 236) aims to encourage federal employees to return to in-office work by limiting pay benefits for those who telework (work remotely from home or another location) a significant portion of the time. It does this by restricting annual pay increases and locality-based pay adjustments for qualifying teleworking employees.
Key Provisions
- Definitions:
- A "covered employee" is a federal employee who teleworks at least 1 day per week (or at least 20% of the time under an alternative work schedule). This excludes employees who telework due to disabilities (with reasonable accommodations), members of the Foreign Service, federal law enforcement officers, active-duty military personnel, or those whose official worksite is outside standard U.S. locations (e.g., overseas or remote sites not covered by typical pay rules).
- "Employee" refers to any federal civilian worker as defined in U.S. law.
- "Telework" means performing work duties away from the official worksite, as defined in federal statutes.
- Prohibition on Annual Pay Adjustments: Covered employees cannot receive annual pay raises provided under federal law (Section 5303 of Title 5, U.S. Code), which typically adjusts pay based on factors like inflation or cost-of-living changes.
- Locality Pay Restrictions: Covered employees must be paid at the basic rate for their grade and step under the "Rest of U.S." locality pay area (a baseline pay scale for areas outside high-cost urban zones). This rate is fixed as of the date they become a covered employee and cannot be adjusted under federal locality pay rules (Section 5304 of Title 5, U.S. Code), which normally provide higher pay in expensive locations.
- Effective Date: The Act takes effect on the first day of the first full fiscal year after enactment (fiscal years run from October 1 to September 30).
Significant Changes to Existing Law
- This introduces new restrictions on federal pay systems by tying telework participation to reduced pay benefits, overriding parts of the existing General Schedule pay structure (under Title 5, U.S. Code). Previously, teleworking federal employees could receive full annual adjustments and locality pay based on their official duty station, regardless of remote work frequency.
- It creates a penalty-like mechanism for telework, which was expanded during the COVID-19 pandemic under laws like the Telework Enhancement Act of 2010, without such pay disincentives.
Potential Impacts
- On Government Agencies: Agencies may face challenges in retaining or recruiting staff due to pay penalties, potentially leading to higher turnover, increased administrative costs for tracking telework, or shifts toward more in-office operations. It could also affect workforce flexibility in managing remote or hybrid schedules.
- On Citizens: Indirectly, it may influence federal service delivery if agencies struggle with staffing shortages or reduced employee morale, though it does not directly affect public access to services. Taxpayers could see minor savings from lower overall federal pay costs but potential inefficiencies in agency operations.
- On International Relations: Minimal direct impact, though it excludes Foreign Service members, preserving pay flexibility for diplomatic roles abroad.
Main Stakeholders Affected
- Federal Employees: Primarily those eligible for telework (e.g., office-based civilian workers), who may lose pay benefits if they choose remote work; exclusions protect vulnerable groups like disabled workers and law enforcement.
- Federal Agencies and Departments: Such as the Office of Personnel Management (which oversees pay) and individual agencies (e.g., those under the Committee on Oversight and Government Reform), responsible for implementing and enforcing the rules.
- Unions and Employee Advocacy Groups: Likely to oppose the measure, as it affects collective bargaining and work-life balance for represented workers.
- Congress and Taxpayers: As indirect beneficiaries of potential cost controls on federal salaries.
Notable Legal, Constitutional, or Political Implications
- Legal: Could face challenges under equal protection principles or federal employment laws if seen as discriminatory against non-exempt teleworkers, though exclusions for disabled employees align with the Americans with Disabilities Act. It modifies statutory pay entitlements, potentially requiring Office of Personnel Management guidance for enforcement.
- Constitutional: No direct conflicts, but it may raise due process concerns if applied retroactively or without clear notice; it respects exemptions for protected classes.
- Political: Reflects a push for post-pandemic return-to-office policies, introduced by Republican lawmakers, which could spark debates on federal workforce modernization versus employee rights. If passed, it might set precedents for conditioning benefits on work location in public sector employment.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (21)
Rep. Nunn, Zachary [R-IA-3], Rep. Meuser, Daniel [R-PA-9], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Boebert, Lauren [R-CO-4], Rep. Timmons, William R. [R-SC-4], Rep. Ellzey, Jake [R-TX-6], Rep. Hinson, Ashley [R-IA-2], Rep. Collins, Mike [R-GA-10], Rep. Malliotakis, Nicole [R-NY-11], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Finstad, Brad [R-MN-1], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Fallon, Pat [R-TX-4], Rep. Ciscomani, Juan [R-AZ-6], Rep. LaMalfa, Doug [R-CA-1], Rep. Rogers, Harold [R-KY-5], Rep. Barrett, Tom [R-MI-7], Rep. Harris, Andy [R-MD-1], Rep. Hudson, Richard [R-NC-9], Rep. Kelly, Mike [R-PA-16], Rep. Harrigan, Pat [R-NC-10]
Recent Actions
- 2025-01-07: Referred to the House Committee on Oversight and Government Reform.
- 2025-01-07: Introduced in House
- 2025-01-07: Introduced in House
Bill Versions
- Federal Employee Return to Work Act — issued 2025-01-07 — PDF (3 pages)