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Frequently Asked Questions Telework

  • Yes, the Telework Enhancement Act requires every employee who participates in telework to have a written agreement, regardless of the type of telework.
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  • Yes.  Denials should be based on the requirements of the Telework Enhancement Act, individual agency telework policies, applicable collective bargaining agreements, and the business and operational needs of the organization.  Remember, telework is not an employee right or entitlement.  Although the intent of the Act is to promote the use of telework, agencies have the flexibility to determine participation based on the specific needs of the organization.  Decisions to deny a request to telework should be based on sound business management principles and not for personal reasons.

    Also, as a general rule, a manager’s denial of a telework request should follow some basic principles:
    • Be in writing
    • Provide an explanation
    • Be timely
    • Follow agency policies and procedures for denial/termination of telework requests
    • Include any appeals/grievance procedures available to the employee
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  • To obtain a copy of your agency telework policy, first go to your agency’s intranet.  If you are unsuccessful, please contact your agency telework coordinator or TMO or visit your agency HR Department.
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  • Yes, the Telework Enhancement Act requires every employee who participates in telework to have a written agreement, regardless of the type of telework.
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  • For the most recent telework data, visit Telework.gov's Annual Reports to Congress page and view the latest report.
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  • There is no current prohibition in Federal law or regulation that says an employee who engages in telework is not eligible to participate in an alternative work schedule.  Agency telework policies establish the basic guidelines for telework eligibility.  Within this framework, managers and supervisors generally have the discretion to implement telework to fit the business needs of the organization.  For more information, please refer to your agency telework policy, contact your agency telework coordinator,or visit your agency HR Department.

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  • When a telework program is implemented properly and the teleworker selection process is clear and objective, any possible negative effects on the morale and productivity of non-teleworkers can be minimized.  It is important to clearly communicate to all employees that teleworkers are selected on the basis of their job functions and their work performance characteristics. It is also critical that an employee's telework arrangement does not increase other employees' workloads. When management does not handle the transition carefully, objectively and transparently, jealousy and resentment can arise from non-teleworkers who mistakenly believe that teleworkers are not really working.  In other instances, co-workers are not interested in teleworking, but respect those who do.  Managers need to ensure that all employees are treated equitably when it comes to expectations and performance, regardless of where they are working.  Employees who telework more than two or three days per week should be encouraged to visit the office in order to maintain personal relationships with colleagues and supervisors.  As with any organizational change or shift, communication is the key to its success!
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  • Yes. There does not appear to be any language in the Act that would lead us to revise our understanding that telework is a voluntary 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." However, 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.  Also, it is important to remember that the intent of the Act is to promote the use of telework and agencies should make every effort to encourage employees and managers accordingly.
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  • No.  Telework is not a universal employee benefit or an employee right.  Federal law requires agencies to establish telework programs but does not give individual employees a legal right to telework.
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  • It is the employee's responsibility to maintain a clean, safe and productive home office environment.  Depending on the requirements of the agency telework policy, a manager may ask the employee to complete a safety checklist self-certifying the home office is free from hazards.  The checklist generally provides a description of the agreed upon alternative worksite or designated work area, a self-certifying assessment of its overall safety, and if signed, assumes compliance.

    Government employees causing or suffering work-related injuries and/or damages at the alternative worksite are covered by the Military Personnel and Civilian Employees Claims Act, the Federal Tort Claims Act, or the Federal Employees’ Compensation Act (workers’ compensation), as appropriate.  Managers should immediately investigate any reports of accidents or injuries on the job.
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