President Donald Trump’s recent return-to-work order mandates that federal employees return to their designated duty stations for in-person work, effectively rolling back the widespread telework arrangements that have been in place for years. Additionally, the deferred resignation policy offers federal employees the option to resign by February 6, 2025, in exchange for up to eight months of salary, exempting them from in-person work until September 30, 2025.
For federal employees with disabilities, medical conditions, or other qualifying needs, these sweeping policy changes raise serious concerns. If you are a federal employee who cannot return to full-time, in-person work due to a disability or medical condition, you may have the right to request a reasonable accommodation under the Rehabilitation Act of 1973—which remains in full force despite the return-to-work mandate.
At National Security Law Firm, we are federal employment lawyers who understand the unique challenges of working for the federal government. Our team includes former federal employees and military attorneys who know agency policies inside and out—and we’re here to fight for your rights.
What Does President Trump’s Return-to-Work Order Require?
The executive order directs federal agencies to end remote work arrangements and require employees to report to their duty stations full-time. While some agencies may offer hybrid work schedules, the general directive is a shift away from the flexibility federal employees have had in recent years.
However, the order does allow agency heads to approve exemptions where necessary, as long as they comply with existing federal laws—including those protecting employees with disabilities.
What Is the Deferred Resignation Policy?
The deferred resignation policy offers a financial incentive for voluntary resignations: federal employees who agree to resign by February 6, 2025, will receive up to eight months of salary and will not be required to return to in-person work. The policy is designed to reduce the federal workforce while encouraging employees to make an early exit.
While this may be an attractive option for some, it should not be viewed as the only choice for employees who need workplace accommodations. You should not feel forced to resign if you require a reasonable accommodation to continue working.
Your Right to Request a Reasonable Accommodation
Under the Rehabilitation Act of 1973, federal agencies are required to provide reasonable accommodations to qualified employees with disabilities unless doing so would impose an undue hardship. This means that if you have a legitimate medical reason that prevents you from returning to full-time, in-person work, you have the right to request accommodations—and agencies must consider these requests on a case-by-case basis.
Examples of Reasonable Accommodations for Federal Employees
If returning to full-time, in-person work poses a barrier due to a disability or medical condition, you may be eligible for accommodations such as:
- Continued Telework: If you successfully worked remotely before, your agency may need to justify why it is no longer a reasonable accommodation.
- Hybrid Work Schedule: A combination of in-person and remote work to accommodate medical needs.
- Alternative Work Locations: Working from an alternative office closer to your home if commuting poses a medical hardship.
- Modified Work Schedules: Adjustments to start and end times or compressed schedules.
- Physical Workspace Modifications: Ergonomic equipment, private offices, or other accommodations for disabilities.
- Leave as a Reasonable Accommodation: If telework is denied, agencies may be required to grant extended leave rather than force an employee into in-person work that is unsafe or impossible.
How to Request a Reasonable Accommodation
If you need an accommodation under the new policy, you should formally request it as soon as possible. Here’s how:
- Submit a Written Request – Agencies often require employees to submit a written request specifying the needed accommodation and the reasons for it.
- Provide Medical Documentation (If Required) – While agencies can ask for supporting medical documentation, they cannot demand excessive medical records or unrelated health information.
- Engage in the Interactive Process – Federal agencies must work in good faith with employees to explore reasonable accommodation options.
- Receive a Formal Decision – Your agency must provide an official response, and if denied, explain the reasons and any alternative accommodations considered.
What If Your Accommodation Request Is Denied?
If your agency denies your request for a reasonable accommodation, you have several legal options:
- File an EEO Complaint – You can file a disability discrimination complaint with your agency’s Equal Employment Opportunity (EEO) office.
- Appeal the Denial – Some agencies have an internal appeal process for accommodation denials.
- File a Formal Complaint with the EEOC – If you believe your agency violated your rights, you can file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC).
At National Security Law Firm, we help federal employees file and appeal accommodation requests, challenge agency policies, and protect their rights under federal law.
Should You Consider the Deferred Resignation Program?
For employees who were already considering leaving federal service, the deferred resignation program may be an option. However, you should not feel pressured to resign if you need a reasonable accommodation.
Key Considerations Before Resigning: ✔ Are you leaving voluntarily, or do you feel forced to resign due to the return-to-work order?
✔ Would an accommodation allow you to continue working?
✔ Have you explored legal options to challenge an unfair denial of accommodations?
If you are unsure about your options, consulting with an experienced federal employment lawyer can help you make an informed decision.
How National Security Law Firm Can Help
Our attorneys are former federal employees, military officers, and national security professionals who know how agencies operate—and how to challenge unfair decisions. We have deep experience in federal employment law and can help you:
✔ File a reasonable accommodation request
✔ Appeal a denied accommodation
✔ Challenge agency retaliation for requesting accommodations
✔ File an EEO complaint or EEOC charge
Don’t let a return-to-work order force you into an impossible situation. We’re here to fight for you.
