Editor’s note: This is the fourth in a series of pieces that looks at the rules and laws governing federal employees’ political activities as we head into the midterm elections.
The midterms are fast approaching and federal employees who are teleworking full or part time might be wondering if that affects their compliance with the Hatch Act.
Shortly after the shift to maximum telework during the COVID-19 pandemic, the Office of Special Counsel issued guidance, underscoring that the rules are the same while working from home. Now with the midterms less than a month away, there might be renewed questions, even if employees are back in the office for some portion of the work week.
“Telework has obviously been a big thing over the past two years; we get a lot of questions from employees,” an OSC attorney explained in a recent interview with Government Executive.
“In terms of teleworking, most of the [Hatch Act] prohibitions apply all the time,” the attorney said. “The only prohibition that is really impacted is the prohibition against engaging in political activity while on duty or in a federal building. For purposes of that prohibition, ‘on-duty’ is when you are in a paid status, other than paid leave. So, if employees are working from home, but they’re on duty, they’re getting paid by the government, then they’re still subject to the prohibition against engaging in political activity while on duty.”
For example, while teleworking federal employees can’t be posting political...
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