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MemoMemorandumObama · D Quiet signal

Presidential Memorandum

Enhancing Workplace Flexibilities and Work-Life Programs

This 2014 memorandum directs federal agencies to expand workplace flexibilities and work-life programs for federal employees, including telework, alternative schedules, nursing mother accommodations, and various leave policies. It establishes specific deadlines for agencies to review and amend procedures, requires OPM to issue guidance and publish an annual Workplace Flexibility Index, and mandates agency reporting on barriers to these programs.

Federal Register Open PDF 79 FR 36625

Impact dates

  1. Agency reports to OPM on workplace flexibility policies and barriers

  2. OPM report to President on agency best practices and barriers

  3. Agencies review/amend/establish work schedule flexibility procedures

  4. OPM guidance to Chief Human Capital Officers on work schedule flexibility requirements

Key directives

  • Agencies shall periodically inform employees of right to request work schedule flexibilities without retaliation
  • Each agency shall review/amend/establish request procedures within 120 days
  • Procedures must include: request ability (telework, part-time, job sharing), supervisor meeting with employee, 20 business day response, periodic reminders
  • OPM Director shall issue CHCO guidance within 60 days
  • Agency heads shall ensure maximum practicable availability of 12 specified workplace flexibilities
  • Agency heads encouraged to increase availability of 4 work-life programs
  • OPM shall create and annually update Workplace Flexibility Index
  • OPM shall prepare report to President within 120 days of agency reports
  • Agencies shall review policies and submit reports to OPM within 120 days of OPM guidance

Who is ordered

Timeline

Immediate

  • Agencies must begin reviewing procedures for work schedule flexibility requests
  • OPM must begin drafting guidance for Chief Human Capital Officers

Near term (90d)

  • OPM guidance to CHCOs due within 60 days (by August 22, 2014)
  • Agency procedures for work schedule flexibilities due within 120 days (by October 21, 2014)
  • Agency reports to OPM due within 120 days of OPM guidance issuance (approximately late 2014/early 2015)

Long term

  • Annual Workplace Flexibility Index creation and updates
  • Ongoing culture change in federal workplace flexibility
  • Integration with President's Management Agenda Senior Executive Service efforts
  • Annual No FEAR Act review for flexibility-related trends

Risks & tensions

  • Section 1(d) preserves broad supervisor discretion, potentially weakening employee rights in practice
  • Section 6(c) explicitly disclaims creating any enforceable rights, limiting legal recourse
  • 'Maximum extent practicable' and 'mission needs' qualifiers provide significant agency discretion
  • Dependent on 'availability of appropriations' per Section 6(b), creating funding uncertainty
  • No specific enforcement mechanism for non-compliance beyond reporting requirements
Presidential Memorandum: Enhancing Workplace Flexibilities and Work-Life Programs · Executive Orders