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Frequently Asked Questions Telework

  • The Telework Enhancement Act of 2010 (Act) requires that each Executive agency designate a Telework Managing Officer (TMO). Before the law was passed, most agencies fulfilled the day-to-day operational aspects of telework through a telework coordinator (with telework coordinators at the subagency level). The telework coordinator served as the key contact for policy and program questions. Many coordinators, however, had telework as a collateral responsibility without much authority or contact with senior leaders. The Act requires the TMO to assume these duties as the main agency official on telework matters. The TMO is a senior official of the agency, established within the office of the Chief Human Capital Officer (CHCO), or its equivalent, and who has direct access to the head of the agency. Note that he or she does not need to be the CHCO. The important thing is that the position be given direct access to the head of the agency. We believe it is the intent of this legislation that the TMO be a strategic thinker and planner who will help the agency incorporate telework in a way that makes good business sense.

    The TMO is responsible for policy development and implementation related to telework programs; serves as an advisor to agency leadership; and is the primary point of contact with OPM on telework matters. In addition to making telework an integral way of doing business in the agency, the TMO will be responsible for helping with the development of goals and metrics in order to evaluate the effectiveness of the program. In designating a TMO, agencies should look for the same leadership competencies and high standards they would consider in selecting for any leadership position.
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  • Agencies have their own policies and procedures that determine how its employees may apply for a telework arrangement.   In general, employees should be prepared to make a business-based proposal to telework, rather than base the request to telework on personal considerations. At the very least, in addition to describing logistics like location and frequency, you should be able to discuss how you will accomplish your work without adverse effect on your organization and/or co-workers. While an employee may request a telework arrangement in writing or verbally (depending on the agency’s policy), the Telework Enhancement Act of 2010 requires that a written telework agreement between the supervisor and employee be in place before he/she can begin to telework.  This agreement outlines the specifics of the telework arrangement (e.g., location of telework, expectations, etc.).  Also, you will be required to successfully complete an interactive telework training program before you will be allowed to telework. Note that the head of the agency has discretion to exempt employees from this training requirement if they have already been participating in telework.
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  • Most agency telework policies and many collective bargaining agreements will include procedures for establishing telework agreements, obtaining equipment, and related matters.  Managers should familiarize themselves and their employees with their agency’s telework policy and applicable collective bargaining agreements to ensure compliance.
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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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  • For the most recent telework data, visit Telework.gov's Annual Reports to Congress page and view the latest report.
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  • The TMO designation is new with the passage of the Telework Enhancement Act of 2010. The TMO is a single person at each agency who is ultimately accountable for that agency's telework program. This position is meant to be a high-level advisor to the agency leadership, a resource on telework issues for managers and employees, and is responsible for policy development and implementation related to the agency's telework program.

    The way agencies implemented telework before the law was passed was that each agency had a "Telework Coordinator" at the Department/Agency level (e.g., Department of Homeland Security), and also individual "telework coordinators" at the subagency/subcomponent level (e.g., Immigration and Customs Enforcement, Transportation Security Administration, etc.). Whenever OPM would require agency-wide information on telework such as for the annual aggregate data collected on telework participation, it would work with the single point of contact at the Department/Agency-level. The agency-wide coordinator would then work with his/her subcomponent "coordinators" to gather the information for their respective areas and then would tally everything to submit the data in a single report to OPM on behalf of the entire agency.

    The TMO position more closely resembles what was formerly the Department-level "Telework Coordinator." This means the role within an agency of pulling together information on telework from various internal sources and then reporting to OPM now falls on the TMO. However, the responsibilities of the TMO extend beyond operational day-to-day aspects of telework and delve more into policy, advising, and an overarching management of the entire telework program for his/her agency.

    Agencies have discretion to determine whether or not, or how, they will continue to utilize "telework coordinators" to implement the day-to-day aspects of the agency telework program subject to the oversight of the TMO. The bottom line, however, is that each agency will have only one individual, the TMO, who is the single accountable person according to the law for the agency's telework program. In other words, when OPM contacts any given agency in the future to either request or disseminate information on Federal telework, we will contact the TMO. It will then be up to the TMO to coordinate internally with other staff members assisting with operational telework issues in that agency. Human Resources staff or agency employees that have questions or issues about telework should be encouraged to direct their concerns to the agency's TMO or the TMO’s designee.
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  • There should be no significant difference between managing the performance of a teleworker and managing the employee who works in the office.  Each employee should be appraised against his or her performance standard(s), despite location.
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  • Not necessarily. The Act states the head of the agency may provide for an exemption from the training requirements "if the head of the agency determines that the training would be unnecessary because the employee is already teleworking under a work arrangement in effect before the date of enactment." The bottom line is that employees who have already been teleworking may be exempted from this training requirement; however, the decision to waive this training requirement must be made by the agency head and implemented in the manner that is normally done in your agency.
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  • It is important to note that performance standards for teleworking employees must be the same as performance standards for non-teleworking employees. Management expectations for performance should be clearly addressed in the employee's performance plan, and the performance plan should be reviewed to ensure the standards do not create inequities or inconsistencies between teleworking and non-teleworking employees. Like non-teleworking employees, teleworkers are held accountable for the results they produce. Good performance management techniques practiced by the manager will mean a smoother, easier transition to a telework environment.

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  • No.  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.

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