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Frequently Asked Questions Telework

If an employee’s position is determined to be telework suitable and the employee is eligible to participate, can the employee be required to telework even though he/she has indicated a desire not to telework?

No. An employee's "eligibility" for telework does not automatically confer the right or the obligation for an employee to "participate" in telework. Agencies have discretion to make their own eligibility and participation determinations for employees subject to operational needs while considering the specific requirements of the Act. The fact that an employee may be deemed "eligible" does not mean that the employee can be compelled to "participate" because telework is a voluntary workplace flexibility. In other words, an agency may not compel an employee to telework, even if the duties of the position make that employee "telework eligible." Keep in mind that although entering into a telework arrangement is voluntary, once the employee is under such an arrangement, he/she may be required to telework outside of his/her normal telework schedule in the case of a temporary emergency situation if that understanding has been clearly communicated by the agency to the teleworking employee in the written telework agreement.

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