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Federal government establishes guidelines for return of its workforce

April 2020 employment law letter
Authors: 
attorneys with Fortney & Scott, LLC

In a lengthy memo distributed to the heads of federal departments and agencies, Office of Management and Budget (OMB) Director Russ Vought has issued guidelines for returning the federal workforce to normal operations that closely adhere to the president's guidelines for reopening America. Like the president's guidelines, the OMB's guidelines rely on local conditions and "gating" criteria and seek to find a balance between a prompt return to work and consideration of the extent of COVID-19.

The memo stresses the need to respond to state and local conditions and decisions and relies on the cautious approach embodied in the gating criteria, acknowledging that "state and regional assessments should be the starting point for discussions and decisions related to Federal agency operations, but additional factors may include: school and daycare closures, mass transit availability, parking availability, facility requirements, and missions."

The OMB memo offers considerable detail for agency heads and facility managers about when and how to return to work, but a fundamental point is clear: This will not be business as usual. For example:

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