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Frequently Asked Questions Telework

  • 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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  • 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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  • 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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  • Federal hiring authority and decisions are made at the individual agency level.  The Governmentwide office for the Federal telework program does not maintain information about Federal job opportunities or a listing of Federal positions that are eligible for telework.  As required by the Telework Enhancement Act, each Federal agency establishes its own telework program authorizing employees to telework, including determinations about eligibility.  

    For more information about Federal job opportunities please visit the USAJOBS website.
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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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  • For the most recent telework data, visit Telework.gov's Annual Reports to Congress page and view the latest report.
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  • No.  The language of the Telework Enhancement Act does not contain language 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 work 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 the intent of the Act is to promote the use of telework so agencies and managers should make every effort to encourage employees and managers to telework as appropriate.
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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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  • 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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