With Campaign Season Heating Up, OSC Issues Hatch Act Guidance and a Reminder during Telework


In recent months, both the Office of Special Counsel (OSC) and the General Counsel of the Army have issued guidance on the application of the Hatch Act while teleworking.

Based on an OSC memorandum dated April 28, 2020, OSC reissued a reminder to clarify several issues for federal employees who are working from home during campaign season. In brief, OSC states that:

  • Employees are On Duty when they are in a pay status other than paid leave or other compensatory time off status.
  • Employees may not display campaign or partisan materials while on videoconferences or other virtual communication platforms.
  • OSC encourages employees to review its social media guidance memo.

The Army General Counsel’s guidance is very similar with the added admonition against political fundraising. Both memos are linked below. For more thorough review, NFFE members are encouraged to review their agency’s policies and forward any questions to the appropriate oversight office.

Office of Special Counsel | Hatch Act Advisory for Teleworking Employees

Office of the General Counsel | Political Activities and Hatch Act Guidance (ARMY)