FEDS July 2025 Newsletter

 

In a continuation of a return-to-office order, the Office of Management and Budget (OMB) has issued a memo ordering managers and supervisors to track the attendance of their employees to ensure optimal utilization of government facilities. 

 

Federal managers are expected to make the choice on which data metric would be most effective and accurate for their particular office and implement this change in a timely manner. This memo comes after the March 2025 order for thousands of government employees to return to the office full-time. In the wake of this order, many offices struggled to have adequate space or office supplies. With the new administration’s attempt to hold agencies accountable for underutilizing government office space, federal managers will face increased vulnerability that often comes with implementing a new procedure and monitoring employee adherence. In this process, managers may face allegations of mismanagement or misconduct from agency heads and employees. If this happens, it is essential that federal managers have the tools to protect themselves – a professional liability insurance (PLI) policy from FEDS Protection can help. 

 

GSA, as required under the USE IT Act, recently updated its website with a list of tools agencies can use to capture occupancy data. Managers and supervisors will need to choose the most effective and accurate way to collect the data needed to comply with OMB’s memo by July 4th, 2025. A few of the proposed data metrics include badge and access systems, timecard analysis, Wi-Fi and Bluetooth aggregators, and mobile location data. Some employees may see this as an invasion of privacy and an unwelcome change to their work life, leading to pushback against the new regulation. While managers are not responsible for the introduction of attendance tracking, blame from employees will likely fall on those implementing these changes. 

 

Federal managers and supervisors may also encounter criticism from agency leaders about the type of data collection they choose. Some may see certain types of data collection as less reliable and call into question the choice made by the manager. 

 

 

With the recent call for the tracking of employee attendance, managers and supervisors face uncertainty and pressure on multiple fronts. With the learning curve of selecting and implementing a data metric for capturing employee attendance and having to answer to their subordinate employees regarding this change, managers and supervisors are at a higher risk of making decisions and mistakes that lead to allegations of wrongdoing.

If mistakes are made, managers could be subject to investigations into their actions taken and instructions given based on the evolving policies. Allegations and investigations can lead to disciplinary actions, which can lead to suspensions and terminations, or even personal capacity lawsuits against you. If an allegation is made against you, it is a necessity, not luxury, to have knowledgeable and effective counsel advocating on your behalf.

 

 

As the professional liability insurance (PLI) provider endorsed by the leading federal manager associations, FEDS Protection offers federal employee PLI policies with $1 million, $2 million, or $3 million in civil liability protection for attorney’s fees and indemnity costs in the event you are sued in your civil capacity.  The FEDS policy also includes $200,000 of legal representation coverage for administrative actions and $100,000 of coverage for criminal defense costs.  

 

Annual premiums for FEDS Protection PLI start at $290.  Additionally, federal managers, supervisors, and law enforcement officers are eligible for a reimbursement of up to 50% the cost of their PLI policy through their agency. To learn more about how a FEDS PLI policy can protect you and your career, visit www.fedsprotection.com or call (866) 955-FEDS, Monday-Friday, 8:30am-6pm EST to speak directly to a representative.

*This article is provided for informational purposes only and does not constitute legal advice.

If yes, consider FEDS Protection for your government contracting insurance needs. At FEDS Protection, we also support Federal Contractors by providing insurance coverage specifically tailored to meet the unique needs of today's federal contractors, including Professional Liability, Defense Base Act Insurance, and Foreign Liability coverage.  In our experience, many small businesses need assistance in navigating the insurance portion of a government RFP.

The federal government is our specific focus and area of expertise. If you are looking to review your current or upcoming insurance needs, including the unique insurance requirements of any contract involving civilian employees overseas (requiring DBA Insurance and Foreign Liability coverage) please contact us at 866-955-FEDS (3337) or dmoylan@fedsprotection.com.

 

As the 2025 fire season reaches its peak, we would like to recognize the brave federal wildland firefighters that play a critical role in protecting our nation’s citizens, property, and natural resources. Federal wildland firefighters are employed by several government agencies like the U.S. Forest Service, U.S. Fish and Wildlife Service, and the Bureau of Indian Affairs. FEDS is proud of our long history of defending federal wildland firefighters, and due to the high liability exposures of the job, these firefighter positions are eligible for the agency 50% reimbursement for PLI. 

 

 

I served as a senior executive with the FAA for 24 of my 33 years of public service and strongly recommend that all supervisors, managers and senior executives have the FEDS Professional Liability insurance as their trusted partner. Public service is a wonderful experience but having FEDS Professional Liability insurance as a partner is critical. Leadership requires risk taking and making difficult decisions that often create controversy and conflict that can adversely affect your successful career. Employees make false accusations for many reasons that often take months or years to investigate and adjudicate. It is a lonely journey to resolution, even if all the allegations are unfounded. I found FEDS Professional Liability insurance to be an outstanding value. The small annual premium is one of the best insurance protection plans I have ever purchased. FEDS Professional Liability insurance is backed by the outstanding professionals of Shaw, Bransford & Roth, P.C. law firm. They provided me with tremendous personal support for nearly 20 years. (...) They were always responsive, responsible, earnest and proactive professionals in every regard. Leadership is lonely. Your interests will not always coincide with your agencies. A smart public servant has professional insurance. In my opinion, you won’t do better than FEDS Professional Liability insurance as your trusted partner.”

-  Tom Accardi (Ret. Director) Aviation System Standards

Contact us if you or your agency are interested in a webinar or brochures that provide federal employees with best practices on how to protect themselves with a federal employee professional liability insurance policy like those offered by FEDS Protection. FEDS Protection webinars are a valuable resource for learning more about the specific professional exposures of federal employees, PLI in general, and the FEDS Protection program. Check out our library via the link below to access content that speaks to your position in the federal government.