As of March 14, 2025, the Veterans Health Administration (VHA) has implemented a return-to-office policy with specific exemptions for certain employees. The exemptions include:
- Disabilities and Medical Conditions: Employees with approved remote or telework arrangements as reasonable accommodations (RAs) for disabilities or qualifying medical conditions are exempt from the return-to-office requirements. AFGE has filed a National Grievance over delays in processing RAs
- Military Spouses: Federal employees who are spouses of active-duty members of the U.S. Armed Forces are categorically exempt from the return-to-office mandate, allowing them to maintain remote work arrangements. Spouses of Veterans 100% disability rating as of the date of their discharge also are exempt. See OPM Memo here
- Veterans Crisis Line Employees: Staff working for the Veterans Crisis Line have been granted full exemptions from the return-to-office requirements, allowing them to continue their duties remotely.
- VISN 22 CCC: AFGE Local 1061 has inquired about the VISN 22 CCC during briefing on the call center and was advised that an exemption was placed for the CCC. The anticipated timeframe for a decision was not until May. We will post updates as they occur.
See below for information on Guidance on Exempting Military Spouses and Foreign Service Spouses from Agency Return to In-Person Office Plans
OFFICE OF THE CHIEF HUMAN CAPITAL OFFICER (OCHCO) BULLETIN
SUBJECT: Guidance on Exempting Military Spouses and Foreign Service Spouses from Agency Return to In-Person Office Plans
This OCHCO Bulletin provides Department of Veterans Affairs (VA) guidance on the Office of Personnel Management (OPM) Guidance on Exempting Military Spouses and Foreign Service Spouses from Agency Return to Office Plans, dated February 12, 2025, which provided further guidance on military spouses and spouses of members of the United States (U.S.) Foreign Service who are on overseas assignments.
The VA will categorically exempt military spouses authorized to engage in remote work and spouses of U.S. Foreign Service members from Agency plans to return all eligible employees to in-person work instead of remote or telework arrangements. This policy applies to the following:
- Any spouses of members of the Armed Forces on active duty. The term “active duty” includes members of the Armed Forces covered by 10 U.S.C. § 101(d)(1), as well as any members performing full time National Guard duty as defined in 10 U.S.C. § 101(d)(5). For members of reserve components, as described in 10 U.S.C. § 10101, “active duty” does not include individuals performing training duties or in attendance at a service school.
- A spouse of a disabled member of the Armed Forces. Spouse means an individual who married a member of the Armed Forces who, on the date that member retired, was released, or discharged from the Armed Forces, had a disability rating of 100 percent under the standard schedule of rating disabilities in use by VA.
- A spouse of a deceased member of the Armed Forces is an individual who was married to a member of the Armed Forces on the date on which the member dies while on active duty, and who has not remarried.
- Spouses of U.S. Foreign Service members who are on overseas assignment.
VA will allow military spouses, as identified above, to continue in existing remote work arrangements – regardless of whether they were appointed under the Military Spouse Employment Act authorities. VA will continue to appoint military spouses to remote work positions, when appropriate, to include current VA military spouse employees whose current position is suitable and eligible for remote work.
Spouses of U.S. Foreign Service members on overseas assignments are exempted from any Return-to-Office requirements and may continue to be hired to remote work positions consistent with 22 U.S.C. § 4026(b).
Frequently asked questions are attached to this bulletin to provide further clarification and guidance.
Employees should contact their servicing HR office with questions regarding their eligibility for exemption from VA Return to Office Plans. HR offices with questions regarding this bulletin should contact the Veteran & Military Spouse Talent Engagement Program (VMSTEP) at SpouseExemptionQuestions@va.gov.
Issued by: VA/OCHCO/VMSTEP
Frequently Asked Questions
The following questions and answers are intended to provide additional guidance as it pertains to exempting Military Spouses and U.S. Foreign Service Spouses from Return to In-Person Work Plans. They are not meant to be a substitute for a review of any OPM and/or VA guidance.
1. What is the purpose of these provisions?
Answer: The purpose of these provisions is to minimize disruptions in military families due to military active-duty service, disability, and deaths resulting from active-duty service along with the families of U.S. foreign service employees. To achieve this, these provisions exempt eligible military spouses and U.S. foreign service spouses from VA’s return to in-person work plans.
2. Where can this guidance be found?
Answer: On February 12, 2025, OPM published Guidance on Exempting Military Spouses and Foreign Service Spouses from Agency Return to Office Plans
3. Do these exemptions apply to ALL military spouses?
Answer: No. In accordance with the OPM memo, these exemptions apply to the following military spouses:
- Spouses of current active-duty service members,
- A spouse of a disabled member of the Armed Forces is an individual who married a member of the Armed Forces who, on the date that member retired, was released, or discharged from the Armed Forces, had a disability rating of 100 percent under the standard schedule of rating disabilities in use by the U.S. Department of Veterans Affairs, and
- A spouse who was married to a member of the Armed Forces on the date on which the member died while on active duty and has not remarried.
4. Can the spouse of a military service member whose disability rating was increased to 100 percent after separation from the military be covered in the return-to-office exemption, if the service member did not have their disability rating of 100 percent at the time they left the military?
Answer: No. The return-to-office exemption for military spouses does not cover spouses of Veterans for whom the effective date of the service-connected disability rating of 100% did not occur immediately after their separation from military service. The effective date of the rating must reflect the date immediately following their released/discharged date on the service member’s DD214, Certificate of Discharge.
5. Am I covered by the exemption if I am divorced from my spouse?
Answer: No. For the purposes of exemption, a “military spouse” or “foreign service spouse” is an employee whose current marital status is one of the following:
- Married to a Service member who is on active duty, including members of the Reserve Components serving on active duty, or performing full-time National Guard duty. For members of the Reserve Components, “active duty” does not include performing training duties or attendance at a service school.
- Married to a Veteran who separated or retired from the military and had a 100 percent disability rating under the Veterans Affairs Schedule for Rating Disabilities at the time of discharge from the military.
- A widow/widower who was married to a Service member on the date on which the member died while on active duty, and who has not remarried.
- Married to a member of the U.S. Foreign Service on an overseas assignment.
6. What documentation is needed to confirm that an individual is the spouse of an active-duty service member for purposes of being exempt from return to in-person work plans?
Answer: Individuals must submit a valid marriage certificate or other documentation verifying marriage and a copy of the orders verifying the military member is currently on active duty.
7. What documentation is needed to confirm eligibility for spouses of disabled veterans separated or retired from their applicable branch of service with a 100 percent disability rating?
- Answer: Individuals must submit a copy of their spouses’ Department of Defense (DD) Form 214 showing they were retired, released, or discharged from the Armed Forces, a valid marriage certificate or other documentation verifying marriage, and a copy of documentation from the Department of Veterans Affairs indicating the service member on the date that member retired, was released, or discharged from the Armed force had a disability rating of 100 percent due to a service-connected disability. The effective date of the service-connected disability must reflect the date immediately following their released/discharged date, i.e., released/discharged April 30, 2018, effective date of disability rating May 1, 2018 (language on form may vary).
8. What documentation is needed to confirm eligibility for a spouse of a deceased member of the Armed Forces is an individual who was married to a member of the Armed Forces on the date on which the member died while on active duty, and has not remarried?
Answer: Individuals must submit a valid marriage certificate or other documentation verifying marriage and a copy of the DD Form 1300, Report of Casualty.
On Wednesday, March 12, 2025 Local 1061 filed the following Demand to Bargain over the following changes related to the Return to Office (RTO) initiative: