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Return-to-office mandate is backfiring on a key federal agency

In the wake of the COVID-19 pandemic, the dynamics of the workplace have undergone a seismic shift. While some heralded the return to the office as a sign of normalcy, evidence suggests that for many, this transition has been far from smooth sailing.

Nowhere is this struggle more evident than in the case of the U.S. federal government employees, particularly those within the Department of Justice.

At the beginning of the year, the Justice Department initiated a return-to-office policy requiring much of its workforce to be present in person for up to six days per pay period or about three days per week. However, there were more stringent requirements for assistant U.S. attorneys. While approximately 70 percent of AUSAs currently enjoy the flexibility of two days per week of telework, recent changes in telework policies within certain offices have left many feeling stranded.

A survey by the National Association of Assistant U.S. Attorneys (NAAUSA) reveals a stark contrast in job satisfaction between those with telework options and those without. In offices where routine telework has been curtailed, a staggering 81 percent of respondents admitted they were actively seeking alternative employment opportunities. This dissatisfaction stands in contrast to offices where some level of telework is maintained, where only 42 percent of respondents expressed a desire to leave their current positions.

NAAUSA Vice President Adam Hanna aptly summarizes the situation as a “workforce revolt.” It’s a sentiment echoed by employees across various offices, underscoring the critical importance of telework in retaining talent and maintaining morale. This is yet another testament to the value placed on flexibility and work-life balance — crucial factors in the recruitment and retention of top talent.

In response to the survey findings, NAAUSA has urged Justice Department leadership to implement consistent telework policies across all offices. The organization recommends a minimum baseline of two telework days per week, citing the importance of treating employees as responsible professionals capable of balancing in-person and remote work effectively.

The issue extends beyond individual preferences, resonating with broader concerns surrounding recruitment, retention, and workplace culture. Employee organizations within the Justice Department have united in calling for a review of return-to-office mandates, citing potential negative impacts on productivity and workforce retention.

These findings align with broader evidence of telework’s positive effects, including the Office of Personnel Management’s annual report about telework in the federal government. That report showed that a staggering 68 percent of teleworking federal government employees intend to remain in their current positions, in contrast to a mere 53 percent of non-telecommuters. This underscores the pivotal role of telework in fostering employee loyalty and commitment.

As the Justice Department grapples with fallout from its return-to-office policies, the imperative for thoughtful, data-driven decision-making has never been clearer. The potential exodus of so many highly credentialed and skilled professional employees — attorneys — serves as a cautionary tale, highlighting the pitfalls of hasty return-to-office mandates.

As businesses and government agencies navigate the complexities of a post-pandemic world, prioritizing the needs and preferences of employees is paramount. By embracing flexibility, fostering a culture of trust, and heeding the lessons learned from the Justice Department’s struggles, organizations can chart a course towards a more resilient and adaptable future.

The benefits of telework extend far beyond individual convenience. Research has consistently shown that telework can lead to higher levels of job satisfaction, increased productivity, better innovation, improved mental health, and stronger work-life balance among both government and private-sector employees. But the benefits also include cost savings through reduced overhead expenses, greater productivity, and greater operational resilience, allowing organizations to maintain business continuity in the face of unforeseen disruptions, such as natural disasters or public health emergencies.

Telework represents a transformative opportunity for organizations to reimagine the future of work in a post-pandemic world. By embracing telework, organizations can empower employees, enhance productivity, and foster a more inclusive and resilient workplace culture.

But to realize the full potential of telework requires thoughtful planning, investment in technology and infrastructure, and thorough training of managers in how to lead hybrid teams. As organizations continue to adapt to the evolving demands of the modern workplace, telework will undoubtedly play a central role in shaping the future of work for years to come.

Gleb Tsipursky is CEO of the hybrid work consultancy Disaster Avoidance Experts and the author of “Returning to the Office and Leading Hybrid and Remote Teams.

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