Military spouses and military caregivers are faced with frequent relocations, the frequent and often long-term absence of their spouse, and caregiving responsibilities which can pose significant employment challenges. The utilization of telework, remote work, and leave can serve as effective strategies to address issues related to the recruitment and retention of these individuals. 

Administrative Leave

Excused Absence for Military Spouse or Military Caregiver Relocation

Employees accompanying a military spouse during a geographic relocation occurring as directed by a service member’s orders may be provided up to five days of administrative leave. Employees should code leave as 66 “Administrative Leave to Support Military Spouse Relocation.”

Family Medical Leave Act

Under the Family and Medical Leave Act of 1993 (FMLA), most Federal employees are entitled to a total of up to 12 workweeks of unpaid leave during any 12-month period to manage family affairs when their spouse, child, or parent is called to active duty in the Armed Forces requiring deployment to a foreign country or to support specified contingency operations. This leave is available for a number of specific purposes (qualifying exigencies) and may be limited to a specific number of days based on the underlying purpose.

In addition to this 12-week entitlement (or any other 12-week entitlement under FMLA) a Federal employee who is the spouse, child, parent, or next of kin (defined as the nearest blood relative) of a covered servicemember and provides care for a serious injury or illness incurred in the line of duty is entitled to up to 26 weeks of FMLA leave during a single 12-month period.

Like regular FMLA leave without pay, FMLA leave for the above purposes is unpaid leave for which an employee may substitute any accumulated annual or sick leave. However, the normal leave year limitations on the use of sick leave to care for a family member do not apply.

Additional information on these benefits can be found on the OPM FMLA website.

Leave for Funerals and Bereavement

In addition to the entitlement to use sick leave for bereavement purposes, an employee is entitled to up to 3 workdays of funeral leave to make arrangements for or to attend the funeral of an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone. If the employee provides satisfactory reasons, the 3 workdays do not need to be consecutive.

An employee who is a veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be granted up to 4 hours of excused absence to serve as a pallbearer, member of a firing squad, or guard of honor in a funeral ceremony for a member of the Armed Forces whose remains are returned from abroad. 

Additionally, an employee who is a member of the National Guard or a Reserve component of the Armed Forces may use military leave to attend to funeral honors duty under 10 U.S.C. 12503 and 32 U.S.C. 115.

Telework

In compliance with the January 20, 2025, Presidential Memorandum, “Return to In-Person Work” and the January 22, 2025, “Guidance on Presidential Memorandum Return to In-Person Work” from the Office of Personnel Management (OPM), in-person work is the primary work arrangement for Department of Commerce (DOC) employees. Traditionally, DOC employees should work their full schedules at their assigned DOC facilities/traditional worksites. However, as explained in Section II of the DOC Telework and Remote Work Policy, an employee who is the spouse of a deployed military or similar government employee (e.g., Foreign Service Officer) and has an approved agreement to perform work at an alternative location away from a DOC facility/traditional worksite is not subject to the DOC policy’s in-person work requirement.

Under this exemption, an employee who had an existing telework or remote work arrangement prior to January 20, 2025, may continue such arrangement for the duration of their spouse’s deployment. Additionally, new employees and those whose spouses have been deployed after implementation of Return to In-Person Work requirements may be approved for an appropriate telework or remote work arrangement.

Domestic Employee Teleworking Overseas (DETO)

DETOs support military spouses and military caregivers by allowing them to continue their employment while living overseas on the orders of a U.S. Government-employed spouse assigned abroad on Government orders. When an employee has been approved by appropriate DOC officials and the Department of State, Chief of Mission to work overseas, they are not subject to the DOC Telework and Remote Work Policy’s in-person work requirement.

Based on DOS guidance, it is DOC policy that only “sponsored” DETO agreements (including those for family members deployed on government orders) will be considered, and the DETO must not incur any additional costs to the bureau/operating unit than it would otherwise cost for the employee to work at their normal location. In most cases, the government agency sponsoring the travel will pay the cost. 

No employee should telework from a foreign location without an approved DETO Agreement. The Office of Human Resources Management (OHRM) can assist bureaus in pursuing such approval.

Additional information can be found on the OHRM DETO website.

Military Spouse Noncompetitive Appointing Authority

Some jobs are not suitable for teleworking or remote work. The Military Spouse Noncompetitive Appointing Authority allows DOC and other agencies to appoint certain military spouses to a new job without using traditional competitive examining procedures. The authority does not entitle spouses to an appointment over any other applicant, but it may be a tool to assist a spouse in changing jobs when a vacancy is available, either to support off-site work or to allow the spouse to work in-person at a different location. If there are no suitable positions within the Department, this authority can also be used to apply for positions at other agencies. Eligibility and other details are available in 5 CFR § 315.612.