A Call for Attendance Records Could Leave Federal Managers Vulnerable

 

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.