It was June, we were going to work, to restaurants and happy hours, without masks. We thought we had made it. The masks had come off, the parties had started and things were getting back to normal. And then the delta variant hit, combined with significant portions of the country with low vaccination rates, and the party ended. As much as Members of Congress and managers may WANT to get back to normal, the coronavirus has different plans. Dozens of major companies in the U.S. changed their policies last week, moving back to remote work, for the safety of their employees. The Congressional Management Foundation has this tough message to Congress: you need to do the same for the sake of your employees.
We realize that even management advice will be politicized, and that even workplace rules have political implications. CMF takes no position on the underlying ideological arguments that seem to be influencing public health opinions regarding the pandemic. Our only interest is aiding in the management of congressional offices, and ensuring employers are taking every necessary step to create a safe work environment for their employees.
With that context, CMF recommends the following:
Re-Institute "Work from Home" First Policy. At the height of the pandemic nearly every congressional office set up systems to allow employees to work from home – and, shockingly, it worked! There is simply no ethical or managerial reason to require employees to come to a work environment where the delta variant could be spread. Last week's CDC report made it clear: it is possible that the delta variant can be spread by vaccinated people, even though the transmission is less likely in those vaccinated. Employees may live with children who have not been vaccinated for the coronavirus, or could be in regular contact with family members in a high-risk category for hospitalization or death if they contract it. Moreover, until we know more about the spread of the delta variant, more person-to-person contact is only going to delay ridding our nation of this plague. If you want to get back to normal sooner rather than later – keep your people at home instead of at the office. CMF recognizes that Members of Congress feel an obligation as a "representative of the people" to be present, and in Washington, DC, to conduct work in person. Yet that may not be possible 100 percent of the time until the public safety situation changes, and it certainly should not be required for staff. This policy may not be necessary for long, but until public health officials have a better handle on reducing the spread of the virus, this a vital and necessary strategy.
At the very least, congressional offices must allow individual employees to work from home if they feel coming to the office would threaten their health or the health of a family member. And, as CMF has previously noted – this isn't just an ethical requirement, it might be a legal requirement. Under the Congressional Accountability Act, Congress is subject to many of the same provisions as private sector businesses to create a safe working environment. Knowingly forcing employees to return to a work environment that could cause harm to the employee or family members could expose the Member and the office to a lawsuit. If your Member insists on employees returning to office, CMF highly advises that you check with an attorney in your respective employment counsel's office before doing so.
Conduct Mental Wellness Checks. The increasing spread of the coronavirus will likely cause renewed stresses on congressional employees. Additionally, the negative impact of the January 6 attacks are still with us. Psychologists have warned that trauma can be retriggered months, even years after traumatic events occur. Last week's hearing with U.S. Capitol Police and D.C. Metropolitan Police officers testifying before the January 6 committee likely produced renewed fears and memories of that fateful day for many congressional staff. Managers should conduct individual and group check-in's with their staffs, and strongly encourage them to utilize the excellent mental health professionals provided by the House and Senate.
Get Ready for the New Workflex World. Prior to the pandemic, CMF's advice to congressional offices was to "consider" workflex arrangements for your team. Our post-pandemic advice is this: you have no choice. In one national survey, 80 percent of U.S. employees said if they were not offered a work from home arrangement within a year they would start looking for a new job. One House legislative director in the spring asked their office to consider a work from home policy – the Member refused, and the staffer quit to work for another Member who offered such a policy.
CMF has a great resource in our Workflex Toolkit for Congress that can help managers and employees think through which policies are best for them, and assess how your arrangements are working. You can use the Workflex Toolkit, along with other helpful worksheets and tools we developed in collaboration with the Society for Human Resource Management (SHRM), to adjust options that need improvement, or to formalize communications plans and arrangements that developed organically over the past 17 months. We've heard that some Members may be reluctant to continue workflex arrangements created during the pandemic. Rather than trying to convince the Member yourself, perhaps connect them with a Member-colleague who is successfully continuing new policies.
Finally, managers should be honest with their team about how they feel about this pause to getting back to normal. Admit it ... this really sucks! But as with all things with the pandemic, we do not know what the future holds. We can only manage the moment effectively, guided by best practices, advice from scientific experts, and trust in our teams. The light at the end of the tunnel might have diminished a bit in July – but likely will shine bright very soon!
