United States General Services Administration

Interagency Telework Issues Working Group Subcommittee DRAFT Reports

United States Office of Personnel Management

(Revised 5/30/01)

Scope of Report

The attached paper on work schedule flexibilities for teleworkers examines existing work schedule arrangements in the Federal Government and how they assist or impede flexibility for teleworkers, and employees generally. It includes a discussion of standard and non-standard work schedules including alternative work schedules (AWS); overtime; night and Sunday premium pay; and the number of days per week appropriate for teleworking. The paper examines how some organizations have sought to overcome barriers to maximizing work schedule flexibilities for their employees, and particularly teleworkers. Finally, the paper recommends ways that Federal agencies can tailor their telework policies to optimize working hours arrangements for their teleworkers, and indeed for all employees, by taking advantage of existing flexibilities in work schedule legislation and through changes to Government-wide policies, and in some cases, through legislative change.

Issues

The main areas of concern identified by Federal agencies in relation to telework work schedules were the lack of flexibility which reduced the overall effectiveness and attraction of telework; the perceived restriction on combining telework with other flexibilities such as alternative work schedules; and the need to clarify overtime entitlements for teleworkers.

An examination of existing agency policies, Federal legislation and relevant industry-wide studies revealed that:

• some agencies, notably the Food and Drug Administration, have implemented very flexible work schedules (e.g., "Any 80") for their employees, including those who telework, within existing Government-wide legislative and policy parameters;
• some agencies allow teleworkers to work a different work schedule than that worked in the main worksite, but still within traditional time bands;
• US-wide research shows that the majority of teleworkers work mostly during non-business hours, and that this is a major attraction of the arrangement;
• some agency policies allow employees to both telework and work an AWS, consistent with OPM Government-wide policy; and
• one study shows the median number days spent telecommuting are 1-2 per week.

The challenge for Federal agencies in determining work schedules for teleworkers is to achieve the right balance between maximizing the flexibility of telework schedules, while at the same time ensuring the teleworker is accessible and responsive to the needs of the main office and his or her supervisor as required.

The paper includes formal OPM advice on a number of key areas relating to the scope of existing legislation to accommodate greater flexibility in work schedules.

Recommendations

In recommending new approaches for work schedules for Federal employees, it is important to take account of:

• the legislative mandate (pursuant to Section 359 of Public Law No. 106-346) for agencies to increase participation in teleworking;
• the administrative ease with which new work schedules can be introduced and maintained;
• the scope of existing legislation and regulations to accommodate the new work schedule, and any need for legislative or government-wide policy change required to implement the new work schedule;
• the need for equitable treatment of all employees, including those who do and those do not telework; and
• the traditional Federal government culture, which has not embraced telework in any significant way to date.

Taking these things into account, it is recommended that Government-wide policy be developed on the issue of work schedules for all employees and be implemented in two stages as follows:

Hours of Work

In the short-term, agencies will adopt maximum flexibility in determining work schedules for all employees, including those who telework to optimize the effectiveness of these arrangements. Agencies will choose from an unlimited range of work schedules within existing legislative parameters to maximize flexibility, including "Any 80 (Monday through Friday)" and "Any 80 (Monday Through Saturday)" work schedules (as described under Options B and C of the supporting research paper).

In the long-term, the existing impediments to work schedule flexibility will be removed to allow agencies to adopt an "Anytime-Anywhere" system (as described under Option D of the supporting research paper). This will require amendment to 5 U.S.C. 6122(a)(1) to remove the legal requirement for core hours; 5 CFR 610.111(d) to remove the entitlement to Sunday pay for employees whose tour of duty include hours on Sunday; and 5 USC 6101 to amend the definition of standard and non-standard work schedules to accommodate the increased flexibility.

Telework Days

It is recommended that Government-wide policy state:

There are no limits on the number of telecommuting days vs. "in-office" days per week for teleworkers, and agencies will develop flexible procedures that allow supervisors and teleworkers to determine the best balance for individual situations.

Combining Teleworking with Alternative Work Schedules

It is recommended that Government-wide policy reflect OPTION C:

Teleworkers, like all employees, are eligible to work AWS, without restriction, based on the employee's job requirements and personal circumstances (as described in Option C of supporting research paper).

Overtime

It is recommended that Government-wide policy on overtime for teleworkers be clarified as outlined in Section 5.4 of the supporting research paper, to make it clear that:

Supervisors will ensure that employees, whether telecommuting or working in the main office, only work overtime with prior approval and are paid only for overtime officially ordered and approved.

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