The Back to Work Act would tighten federal telework policy by setting a hard cap: an employee may telework no more than 40 percent of their workdays in a given pay period, with annual review and approval by the head of each executive agency. Agencies would be required to monitor teleworking employees using remote technologies and other appropriate methods, and could adjust or waive the limit in specific circumstances (such as access to classified information, newly appointed staff, managerial roles, or other defined needs). The bill also creates exceptions to the limit for certain groups or situations, including spouses of military members or federal law enforcement officers, roles requiring highly specialized skills or frequent travel, or when severe weather or other exigent circumstances prevent in-person work. Additionally, the bill imposes pay-related changes for employees who sign a telework agreement: they would not be eligible for certain pay adjustments under 5 U.S.C. 5303 and would instead receive locality-based pay at the Rest of United States level. It requires annual agency reporting on telework productivity, barriers to enforcing the limit, potential negative effects of telework, and agency responses to Inspector General findings, with a companion GAO review evaluating the accuracy of those agency reports. The amendments would take effect 180 days after enactment.
Key Points
- 1Telework cap: No more than 40 percent of workdays per pay period may be teleworked, subject to annual agency review and approval; agencies must monitor teleworking employees remotely.
- 2Adjustments and waivers: Agencies may further limit telework based on roles or circumstances (e.g., access to classified information, newly appointed staff, managerial positions) or waive the limit for specific cases (spouses of military or federal law enforcement members, positions needing highly specialized expertise or frequent travel, or weather/exigent circumstances).
- 3Pay implications: Telework agreement participants are not eligible for certain pay adjustments under 5 U.S.C. 5303 and will receive locality pay under 5 U.S.C. 5304/5304a at the Rest of United States rate.
- 4Reporting and oversight: Each agency must annually report to Congress on telework metrics, barriers to enforcing the limit, negative effects (costs, security, morale, productivity, waste/fraud/abuse), and actions related to Inspector General findings; the GAO must also evaluate the agency reports for accuracy and thoroughness.
- 5Effective date: The new provisions take effect 180 days after enactment.