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Frequently Asked Questions Telework

Telework Coordinator

  • 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 Telework Enhancement Act defines telework or teleworking as a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.  In practice, telework is a work arrangement that allows an employee to perform work, during any part of regular, paid hours, at an approved alternative worksite (e.g. home or telework center).
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  • The answer depends on the specific language and requirements of the agency telework policy.  The Telework Enhancement Act requires each Federal agency to incorporate telework into its Continuity of Operations Plans (COOP).  To meet the objectives of the Act, many agencies have adopted policies that expand the usage of telework to allow a greater number of their telework-ready employees to be productive during Government closures in response to severe weather, special events and other emergency situations.  Consequently, if the agency telework policy requires telework-ready employees to work during agency closures and that requirement is clearly communicated by the agency to the employee in the written telework agreement, then the employee would be required to work.  The bottom line is employees should follow the guidelines as outlined in their agency telework policy.  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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  • Telework is not a substitute for dependent care.  However, in keeping with the objectives of the Presidential Memorandum - Enhancing Workplace Flexibilities and Work-Life Programs, telework is a valuable tool to individuals with caregiving responsibilities. Time saved commuting can be spent with family members, and the flexibility of being closer to home may enable caregivers to take less time off for activities like doctor’s visits, school programs, etc. A teen-aged child or elderly relative might also be at home with the teleworker, after school or during the day, as long as they are independently pursuing their own activities.
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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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  • The Telework Enhancement Act is silent on the question of whether an employee is automatically entitled to substitute his/her telework day if it falls on a Federal holiday.  Ultimately the agency’s telework policy and telework agreement should provide the framework for the discussion that needs to take place between the manager and the employee about expectations, including whether the agency’s telework policy allows for a substitution of the telework day if it falls on a holiday.  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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  • 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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  • 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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  • Generally, decisions regarding what equipment will be provided for teleworkers are made by the agency and individual manager consistent with the agency’s telework policy and applicable collective bargaining agreements.  We encourage managers to familiarize themselves with these guidelines and also their agency’s policy on equipment.  Within those constraints, the challenge is often finding the right balance between budget, security and effectiveness.  Factors to consider include technology needs based on the work of the employee, agency security requirements, and budget constraints.  

    The General Services Administration (GSA) provides guidelines for implementing and operating telework and other alternative workplace programs through the efficient and effective use of information technology and telecommunication.  Additionally, GSA provides basic recommendations for the equipment and support that an agency may provide teleworkers. 

    You can find more information in the GSA Guidelines for Alternative Workplace Arrangements.  For more information about your agency equipment policy for telework, please consult your agency telework policy or telework coordinator.
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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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