Facing pressure from lawmakers, military families, and advocates, the Office of Personnel Management (OPM) issued a Feb. 12 memorandum categorically exempting spouses of active duty servicemembers from the return-to-office (RTO) directive.

“Agencies shall allow military spouses to continue in remote work arrangements,” OPM Acting Director Charles Ezell wrote in the memo, which also stated that agencies “may continue to appoint military spouses to remote work positions.” The guidance extends to spouses of members of the U.S. Foreign Service on overseas assignments.

This momentary victory for federally employed military spouses was the result of grassroots advocacy. Impacted spouses, MOAA members, and supporters of the military community contacted lawmakers to make them aware of the issue and ask them to push OPM to clarify initial guidance and exempt military spouses. A few lawmakers went the extra mile, organizing letters to OPM, the Office of Management and Budget (OMB), and the White House or introducing legislation designed to ensure protections for military spouses working across the federal government.

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The updated OPM guidance applies to active duty spouses, including those who are spouses of Guard and Reserve members in active status; the spouses of 100% disabled veterans or retirees; and unmarried surviving spouses of those who passed away on active duty.

Protecting All Military Spouses

Stakeholders banded together quickly to take action and help secure this partial win, But there’s more work to be done. Agency heads are trying to thread the needle, and we continue to hear from military spouses who are trying to work through the chain of command and being told nothing or given conflicting guidance. Areas of key concern include:

1. Telework Confusion: Military spouses with telework agreements were not specifically included in the OPM memo. Those with such agreements – which are classified differently than remote work – who live more than 50 miles from their office could see their positions under threat thanks to return-to-office procedures. Teleworkers on the edge of that radius asked to return to the office could face prohibitive commutes, especially considering the ongoing shortage of child care facing military families.

Many military families do not have the luxury of choosing where to live – servicemembers in command assignments, for instance, often are told they must live aboard the installation. A return-to-office mandate could mean a 90-minute commute (or longer) for some of these military spouses, who don’t have the flexibility to find a home closer to their worksite.

2. Disability Requirements: The memo stipulates a servicemember or retiree must be 100% disabled at the time of service exit for their spouse to maintain the remote work exemption. The VA disability process is lengthy, and the number of veterans who exit with a 100% rating is minimal.

3. Probationary Status: The mass dismissal of federal workers in a probationary status disproportionately impacts military spouses who have faced employment hurdles for decades. Newly hired spouses likely spent at least six months in the hiring process before getting a foot in the door … only to have the opportunity snatched away because of these new policies. Many spouses who transfer to a new agency or position are in probationary status; their termination is an insult to the service they’ve performed in previous federal assignments.

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Fully Supporting Military Families

The military-civilian divide doesn’t just impact servicemembers and veterans – it extends to the entire family. Military spouses endure skepticism from employers because the transient nature of military life isn’t conducive to the hiring and employment of a civilian. We’ve come a long way, but the biggest piece of the puzzle is educating hiring managers and employers on the need to provide military spouses with policies that protect their ability to keep a career on the move.

Going forward, MOAA will:

• Work with legislators to amend the language of the Support Military Families Act to codify protections from future return-to-office mandates.
• Continue to educate stakeholders on the value this community brings to the workplace.
• Stress the need for additional guidance from OPM and OMB to allow military spouses to find and maintain gainful employment within the federal government.

Support all MOAA advocacy priorities by visiting our Legislative Action Center, where you can send messages to your lawmakers regarding these efforts and others.