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Frequently Asked Questions Telework

Telework Eligibility

  • Subject to the limitations specifically described in the Act, the agency eligibility requirements and any applicable collective bargaining agreements, the law applies to all Federal Executive agency employees, regardless of geographic location. 

    In the definitions section of the Act (Sec. 6501), the law refers to 5 USC 2105 for the meaning of the term "employee." If your agency is considered to be an Executive agency and if all of your employees fall within the definition in 5 USC 2105, the law applies, regardless of the location of any given employee's permanent duty station.
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  • The provisions of the Telework Enhancement Act only pertain to Federal civilian employees as defined by 5 USC 2105.  However, there is no Federal statute or regulation that specifically prohibits Federal contractors from teleworking.  Generally, the decision to allow a contractor to telework would be made by the contractor’s supervisor and/or in conjunction with the contracting agency/office.

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  • There is no current prohibition in Federal law or regulation that says managers and supervisors cannot telework.  Managers and supervisors must be committed to using telework to the fullest extent possible within their organizations if Federal telework programs are to succeed.  Experience is the only way to enable managers and employees to work through any technology, equipment, communications, workflow, and associated issues that may inhibit the transparency of telework.  Also, individuals expected or anticipated to telework during an emergency situation, including managers and supervisors, should be encouraged to telework with some frequency under non-emergency situations.  Managers and supervisors should make it a point to regularly participate in telework in order to lead by example and be comfortable with the dynamics of managing in a telework environment.
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  • Yes.  The Telework Enhancement Act allows for termination of a telework agreement if an employee does not comply with the terms of the written agreement and/or if the performance of the employee falls below a certain standard (usually fully successful).  Telework denial or termination decisions should be based on the operational needs of the organization and/or performance in accordance with the requirements of the Act and the agency’s telework policy.

    When deciding to terminate a telework agreement, a manager should be able to document and demonstrate that:
    • The employee’s teleworking directly and negatively impacts the employee’s performance or the performance of the work group/organization
    • Continuation of telework will interfere with remediation of the standards such as the employee’s ability to attain or return to a fully successful performance level.
    Also, as a general rule, a manager’s termination of a telework agreement 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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  • Yes.   A manager’s decision to deny a request to telework should be based on sound business management principles and not for personal reasons.  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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  • The answer depends.  Agency telework policies establish the basic guidelines for telework eligibility and the application process.  Within this framework, managers and supervisors generally have discretion to implement telework to fit the business needs of their organizations. Some agencies may impose additional eligibility standards around tenure that may limit when an employee is eligible to participate in telework.  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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  • Agency telework policies establish the basic guidelines for telework eligibility and the application process. Within this framework, managers and supervisors generally have discretion to implement telework to fit the business needs of their organizations. You can work with your telework coordinator to fully understand the relevant policies and procedures. If you are eligible by the terms of the policy and have followed proper procedures, your telework coordinator can help you write a business-based proposal to submit to your manager.
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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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  • 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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  • 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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