Telework Guide
1. BACKGROUND
The term “telework” refers to paid employment performed away from the conventional office, either at home or at an alternative office site. Telework should not be confused with home-based businesses or independent contractor or consultant arrangements in the home. It also differs from situations where employees permanently work out of their homes, traveling daily to clients or audit and inspection sites on premises not controlled by their employers. Telework is also known as telecommuting, flexiplace, and work-at-home. These terms are used interchangeably in this document.
Telework is a management option; it does not change the terms and conditions of employment. Rather, it provides a way of responding to rapidly changing factors affecting today’s workforce. Telework also increases an agency’s ability to attract and retain employees in critical occupations and to recruit a more diverse workforce. Telework can reduce the number of commuter trips and reduce traffic congestion. It can result in reduced air pollution, noise, and consumption of transportation fuels. Telework can help put injured, recuperating, and physically challenged employees back to work. In short, managers, employees, and society can benefit from a successful telework program.
Federal agencies have been experimenting with telework since 1990. At that time, the President’s Council on Management Improvement (PCMI) sponsored a Governmentwide pilot Flexible Workplace Project to examine the feasibility of flexible workplace arrangements on a limited basis. The purpose of the pilot was to assess whether flexible workplace arrangements would assist in recruiting, motivating, and retaining workers, as well as reduce costs. The Office of Personnel Management (OPM) and the General Services Administration (GSA) were given key roles in coordinating and evaluating flexiplace arrangements on behalf of the PCMI. OPM evaluated the two-year pilot and found it to be a successful program that works well and provides significant benefits to participating employees.
The 2001 Department of Transportation appropriations measure, which became Public Law 106-346 in October 2000, requires agencies to establish policies allowing eligible employees to telework “to the maximum extent possible without diminishing employee performance.” The law also requires OPM to ensure that at least 25 percent of the eligible Federal workforce has the opportunity to telework within six months and that an additional 25 percent of the workforce has such opportunity each year thereafter.
2. PURPOSE
This document provides the ITA policies and procedures for implementing the requirements of Section 359 of Public Law 106-346, and the Department of Commerce (DoC) Telework Policy. The DoC policy requires that bureaus establish telework implementation plans that provide for:
- the opportunity for a minimum of twenty-five percent of eligible employees to telework by October 2001, followed by an additional twenty-five percent each year for the next three years;
- identification of the types of positions or duties within positions that are suitable for telework;
- authorizing the expenditure of funds to cover expenses associated with approved telework arrangements, subject to funding availability and managerial discretion;
- promoting participation among eligible members of their workforces;
- approving individual telework arrangements;
- orienting new teleworkers and their supervisors regarding the program and their responsibilities; and
- administering and evaluating the telework program in their organizations.
3. SCOPE
The policies and procedures in this document apply to all units of ITA. This document covers the following ITA employees:
- General Schedule employees;
- Wage Grade employees;
- All Foreign Service Officers, both domestic and overseas;
- Full-time and part-time employees;
- Supervisory and nonsupervisory employees;
- Foreign Service Nationals;
- Third Country Nationals; and
- American Personal Service Contract/Personal Service Agreement employees.
The following employees are excluded:
- Employees serving a probationary or trial period; and
- Student interns, unless an exception is authorized by OHRM.
4-1. Employees are responsible for completing the Telework Application and Agreement form, abiding by the terms of their telework agreements, reporting problems with their telework arrangements, ensuring that information is adequately secured and protected from unauthorized disclosure, and voluntarily terminating their telework agreements when they can no longer abide by the terms of the agreement.
4-2. Supervisors (in consultation with requesting employees) will identify jobs and duties suitable for telework, determine whether employees meet basic eligibility requirements, and recommend approval or disapproval of telework applications. Supervisors will also recommend modification of individual telework agreements, maintain records of telework agreements, certify the accuracy of time and attendance reported by teleworkers; ensure protection of sensitive, classified, and Privacy Act protected information, and periodically evaluating the efficacy of telework arrangements.
4-3. Approving Officials will review and approve or disapprove telework agreements, ensuring consistency in treatment of employees in their units; authorize the use of Government-owned equipment and the expenditure of funds to support telework; and monitor employee participation. Approving Officials will also be responsible for the overall management of telework in their work units.
4-4. The ITA Office of Human Resources Management (OHRM) is responsible for facilitating implementation of the ITA Telework Program, conducting orientation and training sessions for employees and supervisors, coordinating reporting and evaluation requirements, and providing advice and assistance to employees, supervisors, and Approving Officials on the ITA Telework Program.
5-1. Alternate Work Site Options
An ITA employee who wishes to telecommute has two work-site options:
- Home Office. ITA employees may establish work stations in their private residences, provided that a specific work location for telework is identified in advance, e.g., a room or part of a room. Employees working at a home office must certify that safety requirements are met by completing the Telework Safety Checklist at Appendix A-2.
- General Services Administration (GSA) Federal Telecenter. Authorized telecenters provide teleworkers access to a wide array of up-to-date equipment. Decisions on permitting employees to use GSA telecenters will be made by Approving Officials. Consolidated requests for work stations in Federal telecenters must be submitted to the ITA Chief Financial Officer and Director of Administration for inclusion in an ITA-wide request. Payment to the GSA will be made from one account with individual line units providing reimbursement. Appendix A-6 provides a list of GSA Federal Telecenters, with locations and phone numbers.
5-2. Official Duties
Telecommuters are expected to perform only official duties during duty time at the alternate work site. While telecommuting is expected to help employees balance the demands of their work and family lives, it cannot be used to conduct personal business or to provide dependent care in the home. During the established work schedule, telecommuters will ensure that appropriate child care, elder care, and any other dependent care arrangements are made so that their ability to complete work assignments is not impeded.
5-3. Position Descriptions and Performance Standards
Telework arrangements will seldom require major changes in position descriptions, but factors such as supervisory controls and work environment should be reviewed for accuracy. Telecommuters will be subject to the same performance appraisal process as other employees. Performance elements and standards will not differ between telecommuters and other employees performing similar or identical duties, but standards should be results-oriented and should describe the quantity and quality of expected work products and the method of evaluation. The supervisor may request regular reports on the status of work products in order to judge performance. Any decline in performance should be addressed immediately. If the supervisor believes the decline in performance is due in whole or in part to the employee’s participation in telework, the telework arrangement should be modified or terminated as appropriate to correct the deficiency.
5-4. Program Participation
- Participation. Participation in the ITA Telework Program is voluntary. Supervisors may not direct or coerce employees to participate. Employees may initiate a request to participate in the program at any time; however, in deciding on telework requests, Approving Officials will give priority to the operational needs of the organization.
- Modification and Termination of Telework Agreement. Employees who telework do not have a right to continue indefinitely in a telework arrangement. Telework agreements must be reviewed at least annually, and they may be modified or terminated at any time.
- Termination by Employees: Employees may voluntarily terminate their participation in the ITA Telework Program. They are, however, expected to give sufficient notice (at least two weeks) so that arrangements can be made to accommodate their return to work at the conventional office, if necessary.
- Termination by Supervisors: The employee’s supervisor, with the concurrence of the Approving Official, may initiate action to terminate an employee’s telecommuting arrangement at any time with a valid reason, e.g., if the employee violates Governmentwide standards of conduct, the employee (or the employee’s situation) no longer meets the eligibility criteria, the employee’s duties change, or the arrangement no longer supports the mission of the organization, e.g., when there has been a decline in customer satisfaction, or equipment is no longer available. When feasible, supervisors will provide employees with at least two weeks of advance notice of their intent to terminate a telecommuting agreement. When terminating an agreement, both the employee and supervisor will complete and sign the Telework Program Termination Agreement, Appendix A-3, and submit it to the Approving Official, who has the final authority to terminate an approved telework agreement. The effective date of termination will be two weeks from the date of the supervisor’s signature on the termination form, unless the Approving Official disapproves the termination.
- Modification: Telework agreements may be modified at any time. Either the employee or the supervisor may initiate a modification to an approved telework agreement. The modification must be documented in the original agreement and requires the signature of both parties.
5-5. Approval of Telework Agreements
The first-level supervisor will review and make recommendations on telework applications. However, the authority to officially approve individual telework agreements will reside at the Deputy Assistant Secretary level, except that Commercial Service Officers overseas will obtain the approval of the Chief of Mission or his/her designee before authorizing telework arrangements for any employee. Officials responsible for approving telework agreements may re-delegate this authority as appropriate. When a request to telework is disapproved, the basis for the decision must be documented on the Telework Application and Agreement, Appendix A-1.
5-6. Standards of Conduct and Ethics
Employees participating in the ITA Telework Program are expected to comply with the Governmentwide standards of conduct and ethics found in 5 CFR Part 2635.101-902, and supplemented by DoC’s “Summary of Ethics Rules.” Failure to comply with these standards may result in termination of the telework agreement and disciplinary action for misconduct.
5-7. Equal Opportunity
Participation in the ITA Telework Program is open to all eligible employees without regard to race, color, gender, religion, national origin, marital status, age, disability, or sexual orientation. 5-8. Disputes
Disputes over participation in the ITA Telework Program will be resolved informally by the next higher management level over the Approving Official. If the informal approach is not successful, an employee may raise the issue under formal procedures. A bargaining unit employee may raise a dispute under the negotiated grievance procedure. An employee not covered by a bargaining unit may use the administrative grievance procedure prescribed in the Department of Commerce Administrative Order 202-771, “Employee Grievances.” If the employee believes management action is due to discrimination, he/she may seek counseling from the Office of Civil Rights.
6. JOBS AND DUTIES SUITABLE FOR TELEWORK
Decisions on whether a position involves work suitable for telework must be based on job content, rather than job series or title, type of appointment, or work schedule. A position may be suitable for telework if: (1) work activities are portable and can be performed effectively outside of the conventional office, (2) job tasks are easily quantifiable or primarily project-oriented, or (3) the position normally requires only predictable contact with other employees and customers. Types of work suitable for telework include: writing–editing documents and writing decisions or reports; analysis--data analysis and reviewing cases; telephone-intensive tasks–setting up a conference or obtaining information; and computer-oriented tasks–programming, data entry, or word processing.
Many jobs in ITA have duties that are suitable for a regularly scheduled or an episodic telework arrangement. Supervisors are responsible for determining whether individual positions have duties that can be performed at an alternate work site. The duties of each position must be examined carefully and discussed with the employee before a decision is made. Supervisors should avoid categorical decisions about telework and use an analytical approach in determining whether a position is suitable for telework by focusing on the specific duties of the position. In many cases, 100 percent of a position will not lend itself to telework. However, by focusing on discrete job tasks, the supervisor will often identify work that can be performed away from the conventional office. For example, a computer operator who is normally expected to perform his/her duties in the traditional office may be able to perform some duties (e.g., periodic reports), after consideration of all other factors. Appendix A-5, ITA Jobs/Duties Suitable for Telework, provides a discussion of the types of jobs and duties in ITA that are suitable for telework and a listing of the types of duties that are generally not suitable for telework.
7-1. Basic Eligibility
Supervisors will determine when an employee meets basic eligibility requirements. An ITA employee is eligible to participate in the ITA Telework Program if:
- (1) The employee’s position has sufficient duties or work activities that can suitably be performed at an alternate work site;
- (2) The employees’s current performance rating of record is at the “Pass” level in the Pass/Fail system;
- (3) The employee is willing to sign a telework agreement that documents all of the terms of the telework arrangement along with the Telework Safety Checklist at Appendix A-2; and
- (4) For employees assigned overseas, approval is received from the Chief of Mission or his/her designee and is consistent with host government employment.
7-2. Additional Factors for Consideration
Supervisors should consider factors other than the basic eligibility criteria when evaluating an employee’s request to participate in telework, but these factors cannot be used to arbitrarily restrict participation. Factors appropriate for consideration include:
Appendix A-4, Telework Screening Guidelines, provides a complete range of factors the supervisor should consider when reviewing an employee’s request to participate in the ITA Telework Program.
Some employees may desire or need only occasional periods of workplace flexibility, while others may wish to telework for longer periods under regularly scheduled arrangements. Supervisors and employees have the flexibility to establish arrangements that are responsive to unique work and personal situations. ITA authorizes two types of telework arrangements, both of which must be approved under the formal application and agreement process. These are:
- a. Regularly scheduled: This is a continuing arrangement under which an employee works at an alternate work site for some portion of the work week or pay period. Regularly scheduled arrangements may be continuing (with no anticipated end date) or short-term, e.g., to accommodate a medical situation or physical condition which makes work-at-home a viable alternative to working in the traditional office.
- b. Ad-Hoc or Episodic: This is an arrangement under which an employee may periodically work at an alternate work site to complete one-time or unique assignments that can be performed away from the traditional office.
9. WORK SCHEDULES, HOURS OF DUTY, TIME AND ATTENDANCE, AND PAY
9-1. Work Schedules and Hours of Duty
ITA employees who telework will be governed by the same policies that apply to other employees regarding work schedules and hours of duty. The telework agreement must indicate the days the employee will work at the alternate work site, and must permit no more than two telework days each week. To accommodate medical situations or for other valid reasons, exceptions to the two-day telework limitation may by authorized by the Assistant Secretary. Normally, employees who telework will work the same hours that they work in the regular office; however, supervisors may structure alternative arrangements that meet the needs of the organization and participating employees. Alternate Work Schedule (AWS) arrangements will be permitted for teleworkers under the same guidelines that apply to other employees; however, when deciding on telework requests, Approving Officials should consider the impact on the organization of having employees participate in both AWS and telework. In some cases where office coverage is an issue, employees may be required to choose between AWS and telework.
Work schedules and hours of duty may be changed with the supervisor’s approval and in accordance with established procedures. If the employee’s telework schedule conflicts with organizational requirements, the needs of the organization will take precedence over a signed telework agreement.
9-2. Employee Availability
The business needs of the organization, as determined by the supervisor, will determine whether a teleworking employee must report to the traditional office on a day that would normally be a telework day. In those situations when the supervisor determines that the employee must be present at the traditional office, e.g., to attend meetings or mandatory training, the teleworking employee must comply. However, every attempt should be made to provide the employee with reasonable notice that he/she must report to the conventional office. In all cases, the needs of the organization, as determined by the supervisor, will take precedence over a telework arrangement.
9-3. Certification and Control of Time and Attendance
Employees are responsible for providing accurate information on time and attendance to timekeepers and supervisors. Supervisors must certify the accuracy of time and attendance to ensure that employees are paid only for work performed and that absences from scheduled duty are accounted for correctly. Some approved techniques for doing so include: occasional supervisory telephone calls or e-mails to an employee during the scheduled tour of duty, scheduled visits to the alternate work site, and review of work output during periods of telework. The teleworking employee is responsible for reviewing and ensuring the accuracy of his/her time and attendance records.
9-4. Overtime
The provisions of the Fair Labor Standards Act governing overtime apply to telework arrangements. Overtime must be requested and approved in advance to preclude any unintended liability for premium pay. Failure to obtain approval in advance may result in termination of the telework agreement or other supervisory action. It is the responsibility of the supervisor to regulate and control the use of overtime. For additional information on overtime, consult the DoC Premium Pay Manual at http://ohrm.doc.gov/handbooks/premium_pay_manual.htm
9-5. Leave
Policies and procedures currently in place for requesting the use of leave, compensatory time, or earned credit hours remain unchanged. Employees participating in telework are responsible for requesting leave in advance from supervisors and keeping timekeepers informed of leave usage.
9-6. Emergency Closings and Dismissals
Teleworkers are subject to the same OPM and DoC policies governing administrative leave, dismissals, and closings. If an employee is working at home when an early dismissal due to inclement weather is announced, the employee will exercise discretion as to whether he or she is capable of continuing work for the rest of the regularly scheduled shift. However, employees are encouraged to continue working if the inclement weather has no impact on the alternate work site. If the employee is working at a GSA Telecenter when an early dismissal due to inclement weather is announced, the employee will follow the dismissal procedures of the telecenter. If OPM announces a “snow closing day,” employees who telework will be excused, without loss of pay or charge to leave, if the conventional office is excused. When the organization announces an early dismissal of employees for non-emergency conditions (such as on the day prior to a Federal holiday), employees who telework will be excused. When an emergency affects only the alternate workplace for a major portion of the workday, the employee is expected to contact the supervisor for instructions as to whether (s)he is expected to report to the regular office or request leave. When an employee knows in advance of a situation that would prevent working at the alternate workplace, the employee will report to the regular office or request leave. For additional information on dismissals and closings, consult the DoC Leave Handbook at the following site: http://ohrm.doc.gov/managers/manager.htm.
9-8. Duty Station
For purposes of pay, leave, benefits, and travel, the employee’s “official duty station” is the location of the conventional office.
10-1. Home Alternative Office
- a. Requirements. Requirements of the home office will vary depending on the nature of the work to be performed. A typical workstation should be equipped with the following:
- (1) personal computer or laptop with modem, (2) printer, (3) Internet service, (4) Internet browser software, (5) general purpose software, e.g., word processing, presentation, and anti-virus software, and (6) a separate telephone line or cellular phone.
- b. Expenses. ITA will not reimburse teleworking employees for operating costs, home maintenance, or home utility costs associated with working at home. The opportunity to participate in telework and the associated savings to the employee (resulting from reduced commuting costs and other work-related costs) are expected to offset any incidental increase in expenses.
- c. Safety. Employees who telework are responsible for reviewing and documenting a finding that their home work sites comply with health and safety requirements. The Telework Safety Checklist, Appendix A-2, will be used for this purpose. A request to telework may be disapproved based on safety problems or the presence of hazardous materials identified by the employee. Home work areas must be clean and free of obstructions, in compliance with all building codes, and free of hazardous materials.
10-2. Use of Government-Owned Computer Equipment
Supervisors and employees will work together to determine the equipment needs of employees wishing to telework. Employees who do not have their own equipment may be loaned computers and printers from available supplies of excess equipment. Supervisors will also consider loaning fax machines to those employees who require them to adequately perform assigned duties. Teleworkers are subject to the same policies and procedures as other employees using Government-owned computer equipment. Equipment furnished by ITA is to be used only for official business, and the Government retains ownership and control of the hardware, software, and data. ITA will be responsible for the maintenance, repair, replacement, and technical support of Government-furnished equipment. Teleworking employees must notify their supervisors immediately of any malfunction of Government-furnished equipment and make necessary arrangements to have it repaired. It may be necessary to bring some equipment into the office for repairs. When ITA-furnished equipment is no longer being used by a telecommuter, the employee must return it to the employees’s official duty station within three work days. Failure to do so may result in termination of the telework agreement and disciplinary action.
Only hardware and software procured by ITA and authorized by the Approving Official may be installed on Government-owned computers. Under no circumstances will employees be allowed to add non-ITA owned or authorized hardware (other than a printer) or software to a Government-owned computer.
10-3. Use of Non-Government Computer Equipment
If an approved teleworker elects to use his/her personal computer equipment at home, the employee is responsible for ensuring that the equipment is compatible with that in use in the conventional office. The employee is responsible for the purchasing, servicing, and maintenance costs associated with non-Government equipment. ITA will not reimburse employees for such costs, nor will ITA provide technical support for personally-owned equipment.
Government-owned computer software normally should not be taken from the office for use on a personally-owned computer because it is generally copyrighted and subject to restrictive license agreements. Employees who believe they have a valid reason for an exception to this policy should seek approval from their supervisors before installing Government-owned software on a personally-owned computer. Supervisors should consult with the Office of the Chief Information Officer before permitting employees to install Government-owned software on a home computer.
The Government will not be liable for damages to an employee’s personal property while performing official duties or while using Government equipment in the employee’s residence, except to the extent the Government is held liable by the Federal Tort Claims Act.
10-4. IT Security
ITA supervisors and teleworkers both have responsibilities for ensuring that automated information and systems have an appropriate level of security to ensure protection from loss, misuse, disclosure, or modification. All DoC and ITA policies covering IT security will be followed by telecommuters.
10-5. Telecommunications Equipment
- a. Telephones. ITA employees who wish to telework must be accessible by telephone at all times. ITA will not require that managers pay for the installation of separate phone lines, nor will ITA provide cellular phones. To ensure accessibility, teleworkers who work from their homes may choose to install separate telephone lines (at their own expense), or they may use a personally-owned cellular phone. If neither a separate phone line nor a cellular phone is available, employees may use their own personal phone lines for Government business, but ITA will not reimburse employees for installation or monthly service charges when they use their own personal phone lines to conduct Government business. Government calling cards will be used by teleworkers to make long distance calls to conduct official Government business, including calls from the alternate workplace to the traditional office to conduct business. Teleworking employees will comply with established policies and procedures when using Government calling cards.
- b. Remote Access. Teleworkers will be responsible for ensuring that appropriate remote access software is installed on computers used at the alternate work station. ITA supervisors may opt to pay monthly charges associated with Internet service and high-speed Internet access, but ITA policy does not require that managers pay for this cost.
Telecommuters must obtain supplies from those stocked at ITA offices and will not be reimbursed if they obtain them elsewhere. By participating in the ITA Telework Program, the employee does not relinquish entitlement to reimbursement for authorized expenses incurred while conducting business for the Government. Telecommuters should request approval in advance for expenses for which they expect to claim reimbursement, and failure to do so may result in denial of reimbursement.
11. PRIVACY ACT, SENSITIVE, AND CLASSIFIED INFORMATION
Classified data may not be transported from employees' official work sites to off-site locations. The responsibility for ensuring proper use and handling of sensitive data, as well as records subject to the Privacy Act, is delegated to individual supervisors.
The requirement to protect sensitive, Privacy Act, or classified data does not exclude employees from telework. However, it does limit the type of work an employee can do at the alternate workplace or when an employee might be allowed to telecommute. For example, if an employee is writing a report that requires using sensitive information, the employee could write the sections of the report that do not actually contain the sensitive data while at the alternate workplace but would have to write the remaining sections that contain sensitive data when at the regular office.
Teleworkers must maintain official records and files in the same manner they do when working in the traditional office. Records maintained by employees who telework are subject to the Freedom of Information Act (FOIA), the Privacy Act (PA), and ITA records retention requirements. Supervisors of teleworking employees are responsible for ensuring that the files and records used by those employees are subject to search for documents responsive to FOIA and PA requests. Once projects/assignments are completed, associated files should be returned to the conventional office.
13. TAX ISSUES
It is the sole responsibility of teleworkers to determine the Federal and State tax implications of working at an alternate work site. Teleworkers should consult the Internal Revenue Service for information on Federal tax laws and interpretations that address their specific circumstances.
14. PROCEDURES FOR INITIATING AND IMPLEMENTING TELEWORK AGREEMENTS
14-1. Application Procedures
An employee who wishes to participate in the ITA Telework Program must request permission from the immediate supervisor via the Telework Application and Agreement, Appendix A-1. The employee must complete, sign, and date Section I of the form and submit it to his/her supervisor, along with a Telework Safety Checklist, Appendix A-2, if the employee’s home is to be used as the alternative work site. The supervisor and the employee will then meet and discuss the work of the position that is suitable for telework. If the supervisor determines that the position has duties suitable for telework on either an episodic or regularly-scheduled basis, he/she will then review the Telework Screening Guidelines, Appendix A-4, for consideration of other factors that may have a bearing on a decision to allow the employee to telework. Only after consideration of all factors will the supervisor make a recommendation to the Approving Official on whether the employee may participate in the ITA Telework Program.
14-2. Preparing Telework Agreements
If no factors or safety conditions preclude the employee’s participation in telework and agreement is reached, the supervisor and the employee will sign the Telework Application and Agreement. The supervisor will then submit the agreement to the Approving Official.
14-3. Maintaining Agreements
The supervisor will maintain a copy of all Telework Applications and Agreements (whether approved or not) in the same location as other documents on time and attendance and work schedules. A copy of the form will be submitted to ITA OHRM for record-keeping and program management purposes.
14-4. Preparing to Telework
Once the telework agreement is approved, the employee will take the necessary steps to secure computer and telecommunications equipment in accordance with the agreement. If a GSA Federal Telecenter is to be used, arrangements must first be made to tentatively reserve a work station for the employee at the desired telecenter. Appropriate documentation must be completed by the Approving Official, including a Telecommuting Facility Reimbursement Information Sheet.
15. TELEWORK ORIENTATION AND TRAINING
The ITA OHRM will conduct orientation and training sessions for supervisors and employees on the ITA Telework Program. The training will be conducted in two phases. The first phase of the training will provide all employees with a broad overview of the ITA Telework Program. The second phase of the training will be designed for supervisors who require additional information about telework. The training will address specific issues such as strategies for effective telecommuting, communicating work expectations, compatible work projects, IT security, and performance management, including establishing reporting requirements and evaluation of completed work.