Vermont State Employees Win Right to Work from Home

Labor Relations Board rules against governor's return-to-office mandate

Apr. 1, 2026 at 8:09pm

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The Vermont State Employees Union successfully challenged the state's policy requiring employees to return to the office at least three days a week, with the Labor Relations Board ruling that telework is a mandatory subject of bargaining and the unilateral imposition of the return-to-office mandate was a violation. The Scott administration plans to appeal the board's decision, citing harm to operations and a dangerous precedent.

Why it matters

The ruling is a significant victory for Vermont state employees, who have pushed back against the governor's efforts to end remote work policies implemented during the pandemic. It highlights the ongoing tensions between government leaders and public sector unions over workplace flexibility and the future of office work.

The details

In November 2022, the Vermont State Employees Union (VSEA) challenged the policy implemented by Gov. Phil Scott that required state employees to return to the office at least three days a week by December 2022. The VSEA argued that decisions about telework should be made on a case-by-case basis, as per the previous policy. The Vermont Labor Relations Board (VLRB) sided with the union, concluding that 'telework is a mandatory subject of bargaining' and the state's unilateral imposition of the return-to-office mandate was a violation.

  • In November 2022, a judge denied VSEA's petition for a preliminary injunction to halt the return-to-office mandate.
  • On April 1, 2026, the VLRB issued its opinion ruling in favor of the VSEA.

The players

Vermont State Employees Union (VSEA)

The labor union representing Vermont state employees, which challenged the governor's return-to-office policy.

Gov. Phil Scott

The Republican governor of Vermont who implemented the policy requiring state employees to return to the office at least three days a week.

Vermont Labor Relations Board (VLRB)

The state board that ruled in favor of the VSEA, concluding that telework is a mandatory subject of bargaining.

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What they’re saying

“Given the harm to Vermonters and our operations, and the extremely dangerous precedent this decision sets for future governors, we will appeal this flawed, biased decision made by a non-judicial Board outside the court of law.”

— Scott administration

What’s next

The Scott administration has announced plans to appeal the VLRB's decision, setting up a potential legal battle over the future of remote work for Vermont state employees.

The takeaway

This ruling underscores the ongoing debate over the future of work, with public sector unions pushing for more workplace flexibility even as some government leaders seek a return to traditional in-office arrangements. The outcome of the appeal could have significant implications for how state and local governments approach remote work policies going forward.