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(Vets to Ventures features articles addressing legal and business topics impacting service members and veterans. Adams and Reese is proud to feature an article by our labor and employment attorney Tiffany M. Love, spouse of a U.S. Air Force veteran. Tiffany’s experience provides valuable insight for this month’s article.)
President Trump’s Return to In-Person Work memorandum for all federal employees has received much publicity, but there is an important exemption that impacts military families.
On February 12th, the U.S. Office of Personnel Management (OPM) issued guidance that clarifies that spouses of active-duty members of the U.S. Armed Forces on remote work are categorically exempt from the President’s directive. This guidance also applies to spouses of members of the U.S. Foreign Service who are on assignments outside of the continental U.S.
Federal employers must continue to allow military spouses to work in existing remote work arrangements and may continue to appoint military spouses to remote work positions. The guidance covers spouses of members of the Armed Forces on active duty, spouses of service members who are retired with 100% disability, spouses of service members who died while on active duty, and spouses of National Guard members on full-time guard duty. This includes both military spouses appointed under the Military Spouse Employment Act authorities and those appointed under other hiring authorities.
Federal employers need to be aware of this order and ensure that they are complying with the guidance. Agencies should ensure that their return-to-office plans categorically exempt all military spouses authorized to engage in remote work. They should also review and update existing telework and remote work policies to explicitly include the military spouse exemption.
What Do Federal Employers Need to Know?
President Trump was inaugurated on January 20th, and on that same day, his Return to In-Person Work memorandum was published. It directed that “heads of all departments and agencies in the executive branch of government shall, as soon as practicable, take all necessary steps to terminate remote work arrangements and require employees to return to work in-person at their respective duty stations on a full-time basis, provided that the department and agency heads shall make exemptions they deem necessary.”
On January 27th, the U.S. Office of Management and Budget (OMB) published Agency Return to Office Implementation Plans. Within that guidance, OMB inserted a footnote, “For the purposes of this memorandum, the term ‘eligible employee’ means any agency employee, unless excused due to a disability, qualifying medical condition, or other compelling reason certified by the agency head and the employee’s supervisor. Agencies should also exclude military spouses working remotely based on the Military Spouse Employment Act.”
Thus, the exemption for military spouses first came into play and then OPM published further guidance and clarification on February 12th. Title 5 of the U.S. Code provides for military spouses to be noncompetitively appointed to positions in which they will engage in remote work. Military spouses are consequently not eligible employees covered by return-to-office plans. OMB and OPM’s guidance instructed agencies to create appropriate discrete categories of exemptions from return-to-office plans, including military spouses.
Proactive Measures for Federal Employers
There are ways that employers can be proactive, given the news of this exemption, including:
- Ensure that managers and HR personnel are aware of the exemption and its implications.
- Communicate with military spouse employees to reassure them of their continued remote work eligibility.
- Designate a point of contact within HR to address questions and concerns from military spouses regarding the exemption.
- Consider flexible work schedules to accommodate the unpredictable nature of military life, such as deployments and relocations.
- Conduct training for managers on the challenges faced by military families and the importance of supporting military spouses in the workplace.
By taking these steps, federal employers can not only comply with the mandate but also demonstrate their commitment to supporting military families and retaining valuable employees.
Exemption Helps Military Spouses Maintain Careers
The U.S. Department of Defense estimates that 48% of service members are married, making this exemption a crucial benefit for military families. The ability for military spouses to work remotely allows them to maintain stable employment and financial security despite the challenges posed by frequent relocations and deployments. This exemption provides flexibility for military spouses to continue their careers without interruption.
Military spouses often face significant difficulties in continuing professional growth and maintaining steady employment.
According to the 2024 bipartisan report released by the House Armed Services Committee (HASC) Quality of Life Panel, 22% of military spouses are unemployed. A military-ordered relocation increases the likelihood of unemployment, and spouses may take as many as seven months to secure a new job. Being able to work remotely not only helps them maintain a career, but it also enables them to contribute to their household’s income, which is empowering and often necessary. The same HASC report says that nearly 25% of servicemembers are food insecure, and military wages and allowances have not kept pace with rising costs of rent and food, further necessitating two-income households.
This exemption is also a military recruitment and retention tool. Nearly 20% of military families consider leaving active-duty service due to challenges for civilian spouses in securing employment. Access to childcare further impacts military families, with waiting times for childcare centers on military installations often exceeding six months. Remote employment allows flexibility for spouses who often must hold down the home front to allow servicemembers to focus on their military duties. Knowing that their spouses can have stable, remote employment and care for the family impacts a service member’s peace of mind.
About Our Author
Tiffany M. Love is a member of the Adams and Reese Labor and Employment Team. Tiffany’s husband enlisted in the Air Force in the wake of the Sept. 11, 2001, terrorist attacks on our nation. While her husband has been deployed in various locales, Tiffany was a teacher in Japan, and a civilian legal assistance paralegal for the U.S. Army JAG in Germany, among other jobs. She earned her J.D. in 2022 from Syracuse University College of Law, and in 2024, Tiffany joined Adams and Reese, where she practices in the Tampa office.
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