Telework is codified in United State Code

I haven’t seen this posted, so I decided to go for it. The right of government employee telework is a legal right codified by 5 USC 65 Telework (https://uscode.house.gov/view.xhtml?path=/prelim@title5/part3/subpartE/chapter65&edition=prelim). There is a reason these recent memorandum are classified as such. A memorandum is a policy document that is specific to agency operations. That is why the Return to In-Person Work Presidential Memorandum states, “This memorandum shall be implemented consistent with applicable law.”, and similarly the OPM guidance states, “Telework Enhancement Act of 2010, which requires agencies to consult with OPM in developing telework policies and tasks OPM with providing policy and policy guidance, as well assisting agencies with establishing teleworking goals.” Notice there is no mention of anything other than policy. This is by design because the agency heads want employees “in the dark”, so to speak. The employee supervisor agreement carries the weight of law according to Public Law 111-292 Sec. 6502 (b) (2) (A). When it comes time to file whatever exemption the new agency requires it would be a good idea to be conversant in the legal background of teleworking.

For those worried about retaliation, and rightfully so, I would direct ones attention to 5 USC 2302 Prohibited Personnel Practices (https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302&num=0&edition=prelim). For full disclosure I am not a lawyer, I just enjoy reading the most boring documentation ever created.