Federal Telework Law

Telework arrangements allow employees to work off-site.

Telework is defined as "work arrangements in which an employee regularly performs officially assigned duties at home or other worksites geographically convenient to the residence of the employee." In 2000, a legislative mandate was established to address specific issues associated with telework for federal employees.

Significance

Technological enhancements have made it possible for employees to work from remote areas, telecommuting from home or another off-site locations. Federal agencies are interested in the concept of telework because it allows them to recruit and retain the best workers while allowing them to maintain a healthy work/life balance. For the teleworker, commutes are reduced or eliminated, cutting down on traffic, emissions and urban congestion. Taxpayers may even notice savings due to reduced operating costs.

Legislation

Since the year 2000, federal legislation has required each federal agency to develop a policy for allowing eligible employees the opportunity to telecommute to the point where their employee performance does not diminish. Executive agencies participating in the telework program must develop their own criteria for applying their established policies as well as remove any barriers that may hinder the program's success. Organizational or logistical changes may be necessary to meet these telework policies.

Considerations

The OPM and General Services Administration (GSA) work together to support federal agencies involved in telework programs. The OPM determines an agency's compliance with legislation by obtaining reports regarding telework data. Situations involving work extension or mobile work, where employees either take their work home with them or by the nature of their jobs work off-site, are not considered telework circumstances. While federal law does require agencies to have a telework program in place, employees cannot claim a right to telework.

Agreements

The decision to establish a telework arrangement should be confirmed with a formal written agreement signed by both the manager and employee. This agreement should outline the type of work expected to be performed along with the frequency of working remotely. These contracts should be updated often in order for the arrangement to stay current. Telework agreements should be designed for any federal employee required to work remotely during a Continuity of Operations (COOP) situation, whether he teleworks on a regular basis or not.

Management

Federal agencies are required to offer routine opportunities for their employees to telework to the greatest degree possible. Managers must be sure not to display bias when assigning telework opportunities, using established criteria to determine which employees are eligible to work off-site and which are not. Managers cannot insist upon an employee working off-site should they refuse, and termination of a telework agreement must prove to be for a business reason. Managers can choose to allow their teleworkers to work from home, or insist upon another location.

References

• Office of Personnel Management.gov: A Guide to Telework in the Federal Government