U.S. Department of Agriculture
Safety, Health and Employee Welfare Division
U.S. Department of AgricultureSafety, Health and Employee Welfare Division |
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FREQUENTLY ASKED QUESTIONS AND ANSWERS
DEPARTMENTAL REGULATION
NUMBER: 4060-3
DATE: January 2, 2002
SUBJECT: Teleworking Programs
OPI: Office of Human Resources Management
This regulation sets forth the authority, policy, and responsibilities for managing the teleworking
programs within the United States Department of Agriculture (USDA).
USDA supports programs that improve air quality, reduce traffic congestion, reduce the cost of office
space, and assist employees in managing their work and family life. Teleworking can have a positive
impact in all these areas.
Employees who perform duties that are suitable for teleworking and meet other established eligibility
requirements must be afforded the opportunity to telework.
Employees may be approved both to telework and work an alternative or compressed work schedule.
Teleworking should be considered in providing reasonable accommodations for disabled employees
and for addressing short-term agency or employee needs. Short-term uses could include allowing
an employee to telework while the employee recovers from a minor injury affecting this/her mobility,
or while working on a special work-related project with identifiable time frames and deliverables.
3. DEFINITIONS
Duty Station. The city or town, county, and state in which
the employee normally works. This is the location of the employee's desk or the place where the employee
normally performs his or her duties.
Telecenter. A General Services Administration (GSA), USDA, or other approved facility
established by state, local, or county governments or private sector organizations for use by teleworkers. Payment for use of GSA telecenters is made annually
using GSA's "Telecommuting Facility Reimbursement Information Sheet".
Teleworker.An employee who works at an alternative work location (i.e., home, telecenter, or other satellite work location) on a regular and reoccurring
schedule for a minimum of one day a pay period and with a written agreement.
Teleworking.(Also know as flexiplace, flexible workplace, and telecommuting). Performance of official duties at an alternative work site (i.e.,
home, telecenter, or other satellite work location), which is not the employee's official duty station.
Telework agreement. A written agreement, completed and signed by an employee and
appropriate official(s) in his or her mission area/agency/staff office that outlines the terms
and conditions of the telework arrangement (examples of agreements may be obtained at www.telework.gov
4. AUTHORITIES
Memorandum for the Heads of Executive Departments and Agencies; Subject: Expanding Family-Friendly Work Arrangements in the Executive Branch, dated July 11,
1994.
Public Law 104-52, Treasury, Postal Service, and General Government Appropriations Act of 1996.
Public Law Number 106-346, Section 359, Department of Transportation Appropriation Act of 2001.
Office of Personnel Management (OPM) Guide to Processing Personnel Actions, Chapter 23.
OPM Memorandum to Executive Heads of Agencies, subject: Establishing Telecommuting
5. RESPONSIBILITIES
The Assistant Secretary for Administration (ASA) will: Advise the Secretary of Agriculture, mission areas/agency heads, and staff office directors, in the development
and implementation of policies, programs, and oversight of the teleworking program.
The Director, Office of Human Resources Management (OHRM) will:
The Director, Safety, Health and Employee Welfare Division (SHEWD) will:
(1) Provide oversight of teleworking programs; and,
(2) Provide agency officials with technical assistance and consultative services for complex teleworking issues.
The Mission Areas/Agency Heads/Staff Office Directors will:
(1) Designate a Teleworking Program Coordinator to coordinate the program with both external sources and internal USDA offices;
(2) Administer a teleworking program in accordance with applicable public law, guidelines, and this regulation. The program shall establish supervisory
and employee responsibilities and require written agreements of documenting teleworking arrangements
(refer to 6(1)). Examples of telework agreements approved by OPM and GSA are available at http://www.telework.gov; and,
(3) Report the following information annually, on a Fiscal Year basis to the Director, OHRM, by October 31st of each year.
(a) Total number of employees in mission area/agency/staff office;
(b) Total number of employees participating in teleworking (based on teleworker definition above);
(c) Statistical data pertaining to program participants with respect to race, sex, national origin, and disability; and,
(d) Percentage of increases or decreases in teleworkers since the last report.
(4) Maintain documentation for all teleworking program participants; and,
(5) Ensure any labor-management relations obligations are fulfilled prior to implementing a teleworking
program.
6. PROGRAM ADMINISTRATION
Telework Arrangements
(1) Participation in a telework arrangement is not an employee entitlement. An employee may participate in the program if the responsible supervisor or designee
decides that the employee's job duties are suitable for offsite work.
(2) The telework arrangement under which an employee will perform work must be clearly set forth in a written agreement and signed by the respective supervisor
and employee. The agreement must at a minimum, address the location and requirements of the alternative worksite, telework schedule, security of official information, protection
of Government-furnished equipment, applicable standards of conduct, liability and injury compensation, and government access to the alternative worksite.
(3) A telework arrangement does not alter the terms and conditions of appointment, including an employee's official duty station, salary, benefits, individual rights,
or obligations. All pay, leave, and travel entitlements shall be based on the official duty station. The telework arrangement shall not affect other conditions of employment (e.g.,
hours of work, unless otherwise specified in the telework agreement).
(4) Upon appropriate notice the manager or designee has the right to inspect the home or alternate work site and equipment to be used by an employee to ensure
that proposed work space is safe, and all equipment is adequately installed and performing property.
(5) The telework arrangement may be terminated by either management or by the employee. Advance written notification of termination of the teleworking relationship
must be provided except in emergency situations. An employee's teleworking arrangement may be terminated if performance or productivity declines, or if the arrangement no longer
benefits the organization's needs. Mission areas/agency heads and staff office directors may establish specific termination provisions, as they deem necessary, for their operations.
(6) The telework arrangement shall be for the performance of official duties and shall not be treated as an opportunity to conduct personal business.
(7) Telework may not be used to replace appropriate arrangements for dependent care.
(8) Management reserves the right to require employees to report to the traditional work site on scheduled telework days, based on operational requirements.
Determining Eligibility
(1) Positions eligible for telework are those involving tasks and work activities that are portable, do not depend on the employees being at the traditional work
site, and are conducive to supervisory oversight at the alternative worksite.
(2) Tasks and work activities generally suited for telework include, but are not limited to thinking and writing; policy development; research; analysis (e.g.,
investigating, program analysis, policy analysis, financial analysis); report writing; telephone-intensive tasks; computer-oriented tasks (e.g., programming, data entry, word processing,
web page design); or data processing.
(3) Positions not generally eligible for telework are those positions involving tasks that are not suitable
to be performed away from the traditional worksite, including tasks that:
(a) Require the employee to have daily face-to-face contact with the supervisor, colleagues, clients; or the general public in order to perform his or her job effectively,
which cannot otherwise be achieved via e-mail, telephone, fax or similar electronic means;
(b) Require daily access to classified information; or
(c) Are part of trainee or entry-level positions.
(4) An employee suitable for telework is an employee whose demonstrated personal characteristics are well suited to telework, as determined by the supervisor,
including as a minimum:
(a) Demonstrated dependability and the ability to handle responsibility;
(b) A proven record of high personal motivation; good time management skills; and,
(c) A proven or expected minimum performance rating of "fully successful" or equivalent. Probationary status employees generally would not be eligible for telework
because probationary status periods are established to allow supervisors an opportunity to personally
observe and evaluate employee performance.
7. INQUIRIES
Direct all inquiries to the Office of Human Resources Management, Safety, Health and Employee
Welfare Division; Room 3027 South Building, Washington, D.C., 20250; telephone number
(202) 720-8248.
-END-
FREQUENTLY
ASKED QUESTIONS AND ANSWERS
FREQUENTLY ASKED QUESTIONS AND ANSWERS ON TELEWORK
Updated 2/26/02
CONTACTS FOR POLICY GUIDANCE
Q1. What Federal agency should be contacted to obtain Government-wide policy guidance on human resources
issues (e.g., pay-entitlements, hours of work, dependent care, etc.) related to teleworking?
A1. The Office of Personnel Management OPM). Within OPM, the Office of Compensation Administration has
responsibility for developing and implementing policies on pay, leave, and work scheduling and can be reached by email at "payleave@opm.gov". OPM’s
Office of Work/Life Programs is responsible for providing Government-wide guidance on the administration of telework and dependent care programs
Q2. What Federal agency should be contacted to obtain guidance on travel, government sponsored telecenters,
reimbursements for phone lines, internet service, data security lines costs, equipment, etc.) related to teleworking?
A2. The General Services Administration (GSA).
Q3. What Department of Agriculture (USDA) Agency should be contacted to obtain USDA-wide policy guidance on
human resources issues (e.g., official duty station, pay-entitlements, hours of work, etc.) related to teleworking?
A3. Office of Human Resources Management, Personnel Policy and Partnership Division at (202) 720-3327.
Q4. What USDA Agency should be contacted to obtain USDA-wide policy guidance on other related teleworking issues
not identified in Q3 above?
A4. Office of Human Resources Management, Safety, Health and Employee Welfare Division at(202) 720-8284.
Q1. What is the legal authority that requires Federal agencies to establish a Telework Program for civilian
employees?
A1. Public Law 106-346, Section 359, October 23, 2000 .
TELEWORK ARRANGEMENTS
Q1. Why should management support teleworking?
A1. Teleworking has many proven benefits to both management and employees.
For managers: Telework is an important recruitment and retention tool to attract new applicants and retain current
employees; A cost benefit in savings on office space and parking space; An alternative for placement
of employees when their current office space is under renovation, destruction or closed during an emergency; Improvement in customer
service by expanding the location and availability of employees; Enhances the agencies’ efforts to employ and accommodate people with disabilities, including employees
who have temporary or continuing health problems, or who might otherwise have to retire on disability; and, Possibly a reduction in
sick leave usage by participants. There are also broader benefits in terms of environmental improvements through reduced traffic
congestion.
For employees: Telework improves the balance between work and family demands by allowing more time with family or on
personal interests (that was previously spent in their commute); Improves morale; Reduces stress; Can increase productivity
through fewer interruptions and allowing employees to capitalize on peak productivity periods; Reduces employees’ transportation
costs; and, Allows them to more effectively use their leave.
Q2. Who is responsible for approving an employee’s request to Telework?
A2. Each Federal agency sets up its own approval process, but generally the immediate supervisor must agree
to a specific employee’s request to telework.
Q3. What role do unions play?
A3. Agencies are strongly encouraged to develop their Telework programs in partnership with their unions and
other stakeholders. Telework affects conditions of employment and agencies must consult and negotiate with unions, as appropriate, regarding
Telework programs.
Q4. Does an employee have a right to Telework? Could an employee be directed to work at an alternative
worksite?
A4. No, to both questions. Subject to any applicable union agreement and agency policy, management
decides whether the employee can work at an approved alternative worksite, depending on the eligibility criteria established by the agency.
Management has the right to end an employee’s participation in the Telework program, if, for example, the employee’s performance declines or if the
arrangement no longer meets the organization’s needs.
Q5. Who should be allowed to telework?
A5. ALL employees (including managers and supervisors) who meet the eligibility criteria established by their
agency telework policy should be offered the opportunity to telework. Management in particular should be encouraged to telework themselves.
Q6. What are the advantages of managers/supervisors teleworking?
A6. Managers/supervisors who have, or are, teleworking themselves cite advantages of teleworking as allowing
a concentrated quiet time where they can do “strategic thinking”, planning, reading, and writing.
Q7. What approach should managers/supervisors take in determining which positions are suitable for Telework?
A7. Agencies should develop broad criteria to guide managers and supervisors in determining which positions
are eligible for telework. Managers/supervisors should take a positive analytical approach by focusing their attention on the nature of the work
and job characteristics in determining whether a position is suitable for telework. In many cases, 100 percent of a position will not lend
itself to telework. However, the focus on discrete job tasks works to identify those tasks that can be performed away from the main office.
Q8. How can the supervisor monitor work performance when the employee is not physically present?
A8. Managers/supervisors should monitor work performance for teleworkers in the same way as for all employees,
based on the quality and timeliness of the work product, i.e. results-based management This can be accomplished by establishing timeframes for completion
dates, key milestones, project schedules, regular status reports, and team reviews. Supervisors may call employees who are working at telecenters
or home based offices.
Q9. What criteria should the supervisor use to rate the teleworker’s performance?
A9. Managers/supervisors should use the same established performance objectives and standards established
for the employee in the main office worksite. There should be no difference in the performance objectives and standards for the teleworker
based solely on where the work is being performed.
Q10. Won’t the employee’s work suffer without direct, onsite supervision?
A10. No. The opposite is more often the case, partly because the employee working at home has fewer interruptions
and distractions and partly because the individual has a strong incentive to demonstrate the value of working at an alternative worksite. In
practice, many employees currently work at the traditional worksite with little or no direct supervision.
Q11. What about the impact on the office when some employees are working at an alternative worksite?
A11. Teleworking should be viewed and handled like alternative work schedules in how it impacts those employees
who are left to provide customer service. Managers/supervisors should establish guidelines to be followed and the guidelines should be communicated to
both teleworkers and those employees who remain at the main office location. This should be done before any staff members begin to work at alternative
worksites. A supervisor may require an employee to work at the main worksite on a day scheduled for an alternative worksite if the needs of
the office so require. Telework, as well as alternative work schedule should not put a burden on staff remaining in the office. An equitable distribution of workload should be maintained, and methods should be instituted to ensure that employees working at the main office are not
saddled with the teleworker’s responsibilities.
Q12. Won’t customers be negatively impacted by an employee teleworking?
A12. No. Customers have commented that when a participant is teleworking he/she is often more readily accessible
to them. When the participant is in the main worksite the immediate availability may be reduced due to meetings for example. Customers
do not care where the employee is physically located as long as they are provided the best customer service.
Q13. Is there a minimum or maximum number of days a week or month a teleworker can work at an alternative
worksite?
A13. The minimum recommended in the Conference Report associated with Public Law 106-346, Section 359 is
one day a week. There is no recommended maximum. Each agency should establish the length of time in their internal policy. Some
Federal agencies allow employees to telework 2 to 3 days a week, while others allow teleworkers to work 5 days a week at an alternative site.
Also, there are some that allow teleworkers to work a minimum of 1 day a pay period.
Q14. Can teleworkers follow an alternative work schedule?
A14. Yes. In fact, telework schedules should be sufficiently flexible to permit periodic work schedule
adjustments. Initial telework schedules may require trial and error adjustments to determine the optimal schedule to meet the needs of the
employee and the organization.
Q15. Is teleworking a substitute for full time dependent care?
A15. No. Employees should not be caring for children or elderly adults while they are working from
a home based office or a main office worksite. However, some short-term or adhoc situations may work (e.g., school or a day care is closed due
to unplanned circumstances such as snow, power outage, etc.; a caregiver calls at the last minute and can not take care of the dependent on that
given day; etc.). Such situations should be determined on a case-by-case situation and approved by the manager/supervisor. The teleworker
could still accomplish work and would not have to take leave and be unavailable for a day.
Q16. When the telworker is working from a home-based office, can another caregiver be in the home taking care
of a dependent(s) (e.g., child or elderly adult)?
A16. Yes, as long as the caregiver is taking care of the dependent(s) as if the teleworker was working from
the main office. This arrangement does not interfere with the performance of the teleworker’s duties.
Q17. Can Telework help an employee with child or other dependent care needs?
A17. Yes, telework can provide valuable assistance with dependent care. Time saved commuting to the main
office can be spent with family members. For example, a parent may need less after school care for a school age child or the teleworker may
be able to rearrange his/her work schedule to have time to take an elder parent to the doctor. However, employees should not be caring for
dependents while they are working from a home-based office during an approved work schedule.
Q18. Should managers/supervisors and employees be educated on Teleworking?
Q18. Yes, education of managers/supervisors and employees is one of the most significant components to making an agency
teleworking program acceptable and successful. Even though teleworking has been available for a minimum of 10 years in the Federal government
it is still not widely understood and used to the full effectiveness of the program. For more information on training go to www.telework.gov
OFFICIAL DUTY LOCATION
Q1. Are employee location-based pay entitlements are impacted by the determination of an employee’s “official
duty station?
A1. Yes, under current regulations, an employee’s location-based pay entitlements (i.e., special salary rates,
locality payments, and nonforeign area cost-of-living allowances) are based on the location of his or her official duty station as documented on his
or her most recent notification of personnel action.
Q2. What guidance should be used in determining the “official duty station” of a teleworker?
A2. OPM’s current guidance in the “Guide to Processing Personnel Actions” provides instructions to agencies
on documenting duty station changes. Chapter 23 of the Guide defines “duty station” as the city/town, county, and State in which the employee
works. For most employees, this will be the location of the employee’s work site.” The Guide states that the work site of an employee is
“the place where he or she works, or at which the employee’s activities are based, as determined by the agency.” The Guide further states,
“the location of an employee’s work site is the location of the employee’s desk or the place where the employee normally performs his or her duties.”
OPM believes it is contrary to the intent of the locality pay law to provide locality payments to an
employee who does not actually perform work “within the locality” in question. (See 5 U.S.C. 5304(c)(1)(A). In addition, 5 U.S.C. 5304(c)(4)(B)
and 5304(f)(1)(A) excludes the payment of locality pay to employees in positions located outside the continental United States.
OPM believes an agency should change the official duty station of an employee, who enters into a teleworking
arrangement from a long distance (e.g., an overseas location or another State when the employee works essentially full time from another location).
Q3. Are there any exceptions to A2 above?
A3. Yes, OPM realizes that there may be unusual situations in which an agency should not change an employee’s
official duty station even though he or she rarely or never comes into the office (e.g., in the case of an employee who works temporarily from
home while recovering from an injury or due to an emergency situation at an employee’s worksite).
Q4. Can a teleworker be reimbursed for travel expenses when the alternative worksite is outside the normal
local commuting distance?
A4. Currently, travel expenses are paid only if the duty station location is changed from the location of
the main office.
TRAVEL TIME AS HOURS OF WORK
Q1. When is official duty travel authorized or not authorized for a teleworker?
A1. Official travel is authorized when:
a) An employee has a preplanned event, e.g., a meeting in the main or another authorized business location
office on the employee's scheduled teleworking day. This scenario implies that the agency has a compelling reason to require the employee
to work at the main office for a least part of the day. When that occurs, the agency may cancel the employee’s authority to telework on the
day of the meeting in the main office or reschedule his or her teleworking day.
If a teleworker is required to travel to the main office during his or her regularly scheduled basic tour of
duty on that day, the agency must credit the travel time as hours of work. In order to maximize productivity and avoid situations where a teleworker
has a greater pay benefit than employees who do not telework, agencies should avoid requiring a teleworker to travel to the main office during
his or her regularly scheduled basic tour of duty.
(b) An employee is directed to come in to the office for an unplanned event, e.g., to work on an urgent assignment
for which the employee doesn't have the resources available at home to complete. If a teleworker is directed to travel to the main office during
his or her regularly scheduled basic tour of duty, the teleworker's travel hours must be credited as hours of work. If the teleworker is directed
to travel back to the main office before or after his or her regularly scheduled basic tour of duty for irregular or occasional overtime work,
the employee is entitled to at least 2 hours of overtime pay under the "call back" rules. (See 5 CFR 550.112(h) and 551.401(e).)
(c) An employee forgets to take home the correct resources needed to work all day, so comes in long enough
to get them and return home. A teleworker must receive approval from his or her supervisor for any trips to the main office on his or her teleworking
day. If the trip is approved and occurs during the teleworker's regularly scheduled basic tour of duty, the employee's travel time is hours of work.
For this reason, the supervisor must evaluate whether such a trip is necessary before granting approval. The supervisor may require the employee
to work at the main office for the remainder of the workday. If a teleworker repeatedly fails to plan properly and does not have the necessary resources
to work at home, the agency should reevaluate the employee's continued participation in the teleworking program.
(d) An employee needs or desires to arrive or leave the main office during the normal work schedule and
is approved to complete the day at the alternate work site/home. As stated above, if an employee is permitted to travel to and from his
or her teleworking work site during his or her regularly scheduled basic tour of duty, the travel hours are hours of work.
(e) The employee's alternate work site/home is outside the 50-mile commute radius or takes more than an hour
for the normal commute. The normal commuting from home to work, and vice versa, is not hours of work. This applies no matter how long the
employee's normal commute is.
EARLY DISMISSAL FOR CLOSURES
Q1. Does the recent advice on OPM's website on Early Dismissal for Closures reflect formal Government-wide
policy on this issue?
A1. The guidance is applicable to Federal agencies and employees in the Washington, DC metropolitan area,
but OPM recommends that other major metropolitan areas adopt similar policies.
Q2. Are agencies required to adopt the new guidance, or can they set their own policy? If they set their
own policy, are there legal and/or regulatory issues they must keep in mind?
A2. OPM intends the guidance to apply to employees in all executive agencies located inside the Washington Capital Beltway.
Although the guidance is not regulatory or statutory in nature, OPM requests that all agencies making a different decision notify Opm’s
Office of Communications at (202) 606-1800, FAX - (202) 606-2264, or email news@opm.gov. In addition for Department of Agriculture
contact OHRM/PPPD (202) 720-8629, fax (202) 720-4123 or email: Elizabeth Daly@usda.gov.
Q3. Does the new guidance hold true if an agency closes but the Federal government as a whole does not; or,
must each agency intended to set its own policy as relates to its own closure?
A3. If an individual agency decides to close, that agency must determine its own policy on excusing employees
from work. Each department or agency has discretion to excuse employees from their duties without loss of pay or charge to leave. OPM advises that
the granting of excused absence should be limited to those situations in which the employee's absence, in the department's or agency's determination,
is not specifically prohibited by law and satisfies one or more of the following criteria: (1) the absence is directly related to the department
or agency's mission; (2) the absence is officially sponsored or sanctioned by the head of the department or agency; (3) the absence will clearly enhance
the professional development or skills of the employee in his or her current position; or (4) the absence is brief and is determined to be in the interest
of the agency.
Q4. If teleworkers were able to continue working when federal agencies were closed, what are the compensation
issues? Would this simply be the "price" of being able to telework (agreed-upon in advance), or would some kind of compensatory time and/or
pay be necessary?
A4. There are no unique compensation issues if employees are not excused from their work requirements. Teleworkers
who are not excused from work during their regular work hours and workdays are paid their regular pay for working during that time.
Employees (including teleworkers) who work their regular work hours are not entitled to additional compensation, compensatory time off, or credit
hours because their main office is closed. Similarly, employees (including teleworkers) who have an AWS day off (nonworkday) on a day an
agency closes are not entitled to a "replacement day off" nor to any additional compensation. We note that an agency may designate an employee who
teleworks from an alternative work site as an “emergency employee.”
Q5. If an individual is teleworking from home and the home site is "closed" (power out, person needs connectivity
to function) and they can't come in to the main office (blizzard) but the Federal Government is not shut down, must the teleworker take leave?
A5. In the situation described, the individual agency has the authority to establish its own policy. Several
options may be considered. Since circumstances may differ in each instance, the agency may wish to consider each such incident on a case-by-case basis.
Depending on the particular circumstances, the agency may require the teleworker to report for work at the main office, grant the teleworker excused absence,
or offer the teleworker the option to take leave or use compensatory time off or credit hours. Each agency has the discretion to determine whether
or not to grant excused absence to an employee or group of employees. Also, see the response to 3, above.
HOURS OF WORK SCHEDULES
Q1. Are there any legal obstacles to prevent teleworkers from working anytime/anywhere"? If there are,
what legal obstacles would there be?
A2. In order for flexible work schedules to accommodate a “work anytime” concept, the legal requirement for core
hours would have to be changed or eliminated. Core hours are designated hours and days during which an employee on such flexible work schedule
must be present for work. (See 5 U.S.C. 6122(a)(1).) However, agencies need not require more than one or two core hours under a maxiflex
work scheduling policy. For example, the “any-80” work schedule under the AWS plan for the U.S. Food and Drug Administration requires 2 core
hours on Wednesday and does not permit employees to work flexible hours on Sunday.
There are no statutory constraints to the concept of working “anywhere” so long as the employee is working
from an approved office, including teleworking from approved alternative work sites. However, for employees working away from their designated
official duty stations for a significant period of time, determining entitlement to locality-based comparability payments and whether the employee’s duty
station has changed are important considerations. See the “Official Duty Station” section for more information.
Q2. Are there any legislation or regulations that prohibit employees from working outside "normal hours"
- however they are defined?
A2. Under 5 U.S.C. 6101 and 5 CFR 610.111 and 610.121, agency heads (or their designated representatives) are
required to establish work schedules in advance of the workweek for full-time employees. The legislative history of the law establishing alternative
work schedules indicates that the work scheduling requirements in 5 U.S.C. 6101 apply only to the extent that they are compatible with the authority
to establish flexible and compressed work schedules.
OPM shows great deference to an agency's determination that its operations would be seriously handicapped
or that its costs would be substantially increased if employees are scheduled to work only on Monday through Friday. In addition, 5 U.S.C. 6101 states
that the basic 40-hour workweek must be scheduled on Monday through Friday "when possible." The requirements in 5 U.S.C. 6101 should not be viewed
as an impediment to establishing alternative work schedules to accomplish agency work requirements. Employees who work under flexible or compressed
work schedules established under 5 U.S.C. 6122 and 6127 may work outside “normal hours” (e.g. Monday through Friday, 8:30 a.m. to 5:00 p.m.)
voluntarily without an entitlement to overtime pay. Agencies may also permit employees under flexible work schedules to earn credit hours voluntarily.
Q3. Is it possible for employees to work outside the "normal hours" without being entitled to night pay
differential?
A3. Yes. This can be done under the flexible work schedule program if flexible time bands (hours when employees may
work flexible hours) are broad enough. If an employee's tour of duty includes 8 or more hours available for work during daytime hours (i.e., between
6:00 a.m. and 6:00 p.m.), he or she is not entitled to night pay for voluntarily working during hours for which night pay is normally required (i.e., between
6:00 p.m. and 6:00 a.m.).
However, agencies must pay night pay for those hours that must be worked between 6:00 p.m. and 6:00 a.m.
to complete an 8-hour daily tour of duty. If an agency requires employees to work at night as part of their regularly scheduled workweek, including
core hours, employees are entitled to night pay.
Q4. Is it possible for employees to work weekends and/or Federal holidays without being entitled to premium
pay?
A4. Employees are not entitled to overtime pay or compensatory time off for voluntarily working flexible
hours or for earning credit hours. See the definitions of overtime hours in 5 U.S.C. 6121(6) and (7). For credit hours, see 5 U.S.C. 6121(a), 6123(b)
and 6126.
Flexible hours are considered to be regularly scheduled work for premium pay purposes. See 5 CFR 610.111(d).
If an agency's flexible time bands include hours on Sunday, and employees under flexible work schedules work flexible hours on Sunday, the employees
are entitled to Sunday premium pay for up to 8 hours of a tour of duty that begins or ends on Sunday.
A full-time employee under a flexible work schedule is entitled to holiday premium pay for non-overtime work,
including working flexible hours, on a holiday. Agencies can prohibit employees under flexible work schedules from working flexible hours during their
8-hour holiday tour of duty.
No night pay may be paid when credit hours are earned, since employees must voluntarily work credit hours and
earning credit hours is not considered to be regularly scheduled work.
Likewise, employees may not earn Sunday premium pay or holiday premium pay for earning credit hours. This
is because credit hours are not considered to be regularly scheduled hours and are not part of the employee's basic work requirement. (Note that holiday
hours and hours for which Sunday premium pay may be paid are part of an employee's basic work requirement.)
Q5. Would it make any difference if we confined "anytime/anywhere" to Mon-Fri or Mon-Sat?
A5. An agency can avoid a requirement to pay Sunday premium pay if it does not permit the employee to work flexible
hours on Sunday and does not schedule core hours on Sunday.
Q6. Could such a policy in 5 above also be extended to employees who do not telework?
A6. The work scheduling and premium pay requirements discussed above apply equally to employees who telework
and those who do not.
Q7. Can Teleworkers participate in Alternative Work Schedules (i.e. 5/4/9; 4/10)?
A7.Yes. Consistent with OPM advice, employees who work alternative work schedules, such as flexible work
schedules and compressed work schedules, may also telework. Supervisors may approve any work schedule according to the individual's work requirements
regardless of work location. There must be a method to properly account for the time worked (5 CFR 610.404).
EQUIPMENT/FURNITURE
Q1. Who provides the equipment and furniture needed at the home-based worksite?
A1. Each Federal agency must establish its own policies on the provision and installation of equipment and furniture,
noting that there is authority for agencies to fund the purchase of equipment for teleworkers.
Q2. What equipment will the employee need at the home-based worksite?
A2. The needed equipment will vary by situation. For example, a teleworker may need a computer, printer,
and fax machine, along with authorized software.
Q3. Who is responsible for maintaining and servicing Government or privately owned equipment used at the alternative
worksite?
A3. Generally, the Government will be responsible for the service and maintenance of Government-owned equipment.
However, teleworkers using their own equipment are responsible for its service and maintenance.
UTILITIES AND OTHER RELATED EXPENSES
Q1. Who pays for any increase in home utility expenses incurred by employees as a result of telework?
A1. The teleworker is currently responsible for any increases in utility expenses. An agency may
not use appropriated funds to pay for items of personal expenses unless there is specific statutory authority.
Q2. Must a teleworker who works from a home-based office have a second telephone line? Who pays for the installation of the second line?
A2. Each agency must establish its own policies on the requirement to have a second telephone line; however,
having a second line is encouraged. If the agency requires a second line, the agency has statutory authority to pay for the installation of
the second line (Public Law 1054-52).
Q3. Are business phone calls made from a Telecenter or home based office reimbursable by the agency?
A3. Yes. An employee may be reimbursed for business related long distance phone calls over the employee’s
personal phone. GSA regulations (41 CFR 101.7) provide for the reimbursement on SF 1164 for telephone calls approved by the supervisor. Agencies
may also provide employees with Government telephone credit cards.
Q4. Can teleworkers be reimbursed
for monthly expenses of Data Security Lines (DSL) that are necessary forthe teleworker to perform his/her tasks by accessing databases, secure
information, etc.?
A4. Yes. An employee may be reimbursed for business related items such as DSL communications when required
to perform their government tasks.
Q5. Can teleworkers be reimbursed for monthly Internet access expenses when it is determined to be necessary
in order for the teleworker to perform his/her tasks and communicate with customers?
A5. Yes. An employee may be reimbursed for monthly Internet access expenses.
Q6. Can teleworkers be reimbursed for FedEx expenses in sending documents to customers, colleagues, etc.related to government-performed tasks?
Q6. Yes.
HEALTH AND SAFETY
Q1. What law, rule or regulation covers Federal employee safety and health issues, and who is accountable?
A1. Section 19 of the Occupational Safety and Health Act (the Act) (www.osha-slc.gov/OshAct_data/OSHACT.htm#19)
sets forth the obligations for Federal agencies with regard to safe and healthful working conditions for Federal employees. Under that section,
it is the responsibility of the head of each Federal agency to establish and maintain an effective and comprehensive occupational safety and health
program consistent with the standards promulgated under section 6 of the Act.
Executive Order 12196, (www.usbr.gov/safety/eo.htm)Occupational Safety and Health Programs for Federal Employees, provides
that the Secretary of Labor issue basic program elements in accordance with which the heads of agencies shall operate their safety and health
programs.
29 CFR Part 1960, (www.osha-slc.gov/OshStd_data/1960.html) Basic Program Elements for Federal Employee Occupational Safety and Health
Programs and Related Matters contain these basic program elements. Although agency heads are required to operate in accordance with the basic program
elements, those elements contain numerous provisions that permit, by their terms, agency heads the flexibility necessary to implement their programs
in a manner consistent with their respective missions, sizes, and organizations. Under Part 1960, each Federal agency establishes and implements their own safety and health program to address how to maintain
a safe and healthy work environment at alternate work sites.
Q2. At what point does an alternate
work site become subject to Federal safety and health policies?
A2. Once a supervisor has agreed to allow an employee to work at an alternate work site, that site becomes
subject to Federal safety and health policies. It is important to note that only the actual work site (i.e., area used as the office) is subject
to these policies and not, for instance, the entire house, apartment, etc.
Q3. Has OSHA staff reviewed the Office of Personnel Management's current guidance including the Sample
Agreement and Sample Self-Certification Safety Checklist? Are there specific questions on the safety checklist that would be an automatic "flag" to
the supervisor to disallow this arrangement or require some appropriate action on the part of the employee?
A3. The Sample Self-Certification Safety Checklist was originally developed with
input from OSHA staff. The Sample Agreement is not within the scope of OSHA's responsibilities.
There are no automatic "flags" to indicate to a supervisor to disallow a particular arrangement; however, the supervisor should review the checklist
with the employee, and document any discussions needed to clarify information. In addition, supervisors should focus on the actual
area where work will be performed rather than the entire home, or a stairway, for instance, that may not
necessarily be used to get to the work area.
Q4. Do you consider the current guidance and safety checklist to be accurate and sufficient to protect employees working at alternate work sites? Would you like to offer any supplementary
advice or information relative to the various possibilities of remote working which are broader than working at home, for example, when working in a
hotel room or while traveling on public transportation or in a privately-owned or Government-owned vehicle?
A4. For most Federal employees working at alternative work sites, the safety checklist is adequate; however, some positions may require additional safeguards, and agencies should modify the checklist
as needed to address those unique situations. Federal employees who work in establishments of private employers are covered by their own agencies' occupational safety
and health program. Although an agency may not have the authority to require private entities to correct deficiencies, the agency head must assure safe
and healthful working conditions for his/her employees. This shall be accomplished, to the extent necessary, by administrative controls, personal protective
equipment, or withdrawal of Federal employees from the private sector facility to assure that employees
are protected. In addition, periodic safeguards are issued on a government-wide basis such as wearing seat belts in taxi
cabs or government owned vehicles, staying in hotels with fire sprinkler
systems, etc.
Q5. Is there a need to establish government-wide policy and guidance regarding when self-certification of
the work site is adequate or when it is necessary to do more (i.e., home inspections)?
A5. The head of each agency is required to develop, implement, and evaluate an occupational safety and health program
which provides employees a place of employment free from recognized hazards that cause or are likely to cause death or serious illness, to include
alternate work sites. Agency telework policies should outline under what conditions a home inspection might be necessary due to the type of work
being performed there, or based upon a credible complaint that the work site may not be healthful, and how the inspection would be carried out.
This should be done in consultation with the Designated Agency Safety and Health Official.
OSHA Instruction on Home-Based Worksite Inspections (dated February 25, 2000) states that the Occupational Safety and Health Administration
(OSHA) will not conduct inspections of employees’ home offices, nor will OSHA hold employers liable for employees’ home offices, and does not expect
employers to inspect the home offices of their employees.
Q6. Does OSHA offer guidance (either in a publication or web site) that provides basic information and guidance
to employees about safety and health issues in a home or other alternate work site?
A6. [www.telework.gov provides the extract from OSHA instruction above] No, the responsibility for the safety of Federal employees rests with each individual agency head. Therefore,
employees should review information provided by their Designated Agency Safety and Health Official.
Q7. Does OSHA offer guidance (either in a publication or web site) that provides basic information and guidance
to supervisors/managers of teleworkers about safety and health issues in a home or other alternate work site?
A7. No, the responsibility for the safety of Federal employees rests with each individual agency head. Therefore,
supervisors should review and/or request guidance from their Designated Agency Safety and Health Official. It should be noted that OSHA offers
compliance and technical assistance to agencies that have questions; however, OSHA would not conduct a home evaluation or inspection. A list of OSHA
Area or Regional Office addresses and telephone numbers can be found at www.osha.gov.
Q8. To what extent, if any, does state law prevail over safety and health issues of Federal workers?
A8. Federal employees are not covered by state occupational safety and health laws.
Q9. Do employees need to complete a safety checklist when their alternate work site is a telecenter or other
government "leased" space, as in a hotelling situation?
A9. No, documents used by GSA or other Federal agencies to lease space that will be occupied by employees contain standard
language that addresses safety and health issues.
GUIDELINES
FOR MANAGERS/SUPERVISORS TO TAKE PRIOR TO AN EMPLOYEE TELEWORKING
1. Identify which tasks performed by staff are suitable for teleworking.
2. Identify the characteristics an employee must possess to be eligible to telework.
3. Determine if the organization will:
a. Establish a Trial Period for each telework arrangement;
b. Provide computer equipment, printer, fax or will the employee be required to provide these items if working from home alternative worksite;
pay for installation of a second phone line at the home alternative worksite;
d. Pay for Internet Service (i.e. AOL, Earthlink, etc.); Pay for DSL (if employee needs access to any data files while at home
Alternative worksite; and,
f. Pay for an employee to work at a GSA or USDA Telecenter.
4. Arrange with the operating personnel office work/life coordinator to train management staff and employees
on teleworking.
5. Discuss teleworking with the entire staff and cover:
a. Items 1 – 3 above;
b. Office coverage when teleworker is not physically present;
c. Who will transfer and retrieve teleworker’s office phone while teleworking;
d. Importance of keeping teleworker’s informed when not physically in the
main office;
e. Scheduling meetings, when possible and feasible, when teleworkers are present
in the main office; and
f. Considering having conference calls with teleworkers for meetings.
6. When eligible employees request to telework:
a. Discuss items 1-3 above;
b. Discuss the teleworking agreement with the employee;
c. Employee sign an agreement only after discussion of the agreement with
the employee;
d. Complete and sign a Safety Checklist if employee will be working from home
alternative worksite; and, Complete a GSA Telecommuting Facility Reimbursement Information Sheet if
employee will be working from a GSA Telecenter.
7. When the teleworker arrangement is approved:
a. Contact agency Resource Manager to:
b. Provide copy of approved agreement to the employee, resource manager, and timekeeper.
GUIDELINES
FOR EMPLOYEES WHO TELEWORK
1. Discuss teleworking arrangement with manager/supervisor.
2. Prepare a memo to manager/supervisor requesting to telework. Include the following in the memo:
a. Reason for requesting the teleworking arrangement;
b. Benefits to the organization and the employee;
c. Day(s) for teleworking;
d. Location for alternative worksite;
e. Equipment that will be needed or will provide own; and,
f. Effective date to begin teleworking.
3. When teleworking arrangement is approved:
a. Discuss teleworking agreement with supervisor;
b. Determine what the organization will provide and not provide to the teleworker;
c. Sign the teleworking agreement;
d. Sign a Safety Checklist if the alternative worksite will be at home;
e. Complete a GSA Telecommuting Facility Reimbursement Information Sheet if the alternative worksite will be at a GSA Telecenter;
Know who is going to be responsible for transferring and retrieving office
phone on teleworking day(s). Discuss the arrangements with the individual; and,
g. Contact resource manager to ensure the authorization to transfer office
phone, the Federal calling card, and any authorized equipment, etc. has been approved.
4. Responsibilities of teleworker:
a. Ensure customer service is maintained;
b. Send a reminder to manager/supervisor of the work location for that day;
c. Ensure arrangements are made to transfer and retrieve the office phone
on teleworking day(s);
d. Ensure materials needed to perform work assignments are taken to alternative
worksite.
e. Keep in contact with office colleagues to keep informed and updated;
f. Check voice message every hour and return telephone calls, if phone is
not transferred;
g. Check e-mail every hour and respond, when appropriate;
h. Ensure Federal Calling Card is used to make long distance phone calls;
i. Change teleworking schedule if he/she is needed at the main office on regularly
scheduled teleworking day; and,
j. Immediately notify the manager/supervisor if an emergency should arise while teleworking at the designated alternative worksite.
The following constitutes the terms and conditions of the telework agreement between the employer and:
Employee:
Last Name:
First Name:
Middle Initial:
Title:
Pay Plan/Series/Grade
Department of Agriculture Agency:
Days in Biweekly Pay Period Employee is Authorized to Telework:
The employee is approved to work at the approved alternative worksite specified below in accordance with the following schedule:
DAYS PER PAY PERIOD:
WORK SCHEDULE:
DUTY HOURS:
FIXED OR ALTERNATIVE: (FWS or CWS)
Specify hours of work and lunch break:
MON:
ALTERNATIVE WORKSITE
The employee’s alternative worksite is:
OR
OR
TRIAL PERIOD (Optional). Employee and agency agree to try out the telecommuting arrangement for at least (specifiy number) months unless unforeseeable
difficulties require earlier cancellation.
Changes to Telework Arrangement
Employees who telework must be available to work at the traditional worksite
on telework days on an occasional basis if necessitated by work requirements. Requests
by the employee to change his or her scheduled telework day in a particular week or biweekly pay period
should be accommodated by the supervisor wherever practicable, consistent with mission requirements.
A permanent change in the telework arrangement must be reflected in a new
Telework Agreement.
Work-at-Home Telework
It is the responsibility of the employee to ensure that a proper work environment is maintained while teleworking. Work-at-home teleworkers must complete and sign a safety checklist that
proclaims the home safe for an official home worksite, to ensure that all the requirements to do
official work are met in an environment that allows the tasks to be performed safely. The employee
agrees to permit access to the home worksite by agency representatives as required, during normal
working hours, to repair or maintain Government-furnished equipment, and to ensure compliance with the terms of this telework agreement. For work at home arrangements, the employee is required to designate one
area in the home as the official work or office area that is suitable for the performance of official
Government business. The Government’s potential exposure to liability is restricted to this official
work or office area for the purposes of telework. The employee acknowledges that telework is not a substitute for dependent
care. The Government is not responsible for any operating costs that are associated with the employee using his or her personal residence as an alternative worksite, including
home maintenance, insurance, or utilities.
Official Duty Station
The employee’s official duty station for such purposes as special salary rates, locality pay adjustments, and travel is:
Time and Attendance, Work Performance and Overtime
Time spent in a teleworking status must be accounted for and reported in the same manner as if the employee reported for duty at the traditional worksite.
The employee is required to satisfactorily complete all assigned work, consistent with the approach adopted for all other employees in the work group, and according to standards and guidelines in the employee’s performance plan.
The employee agrees to work overtime only when ordered and approved by the supervisor in advance. Employees who work overtime without such prior approval may be subject to administrative or disciplinary action.
Security and Equipment
No classified documents (hard copy or electronic) may be taken to an employee’s alternative worksite. For regular and recurring telework, sensitive unclassified
material, including Privacy Act and For Official Use Only data, may only be used by teleworkers provided with Government-furnished
equipment. The employee is responsible for the security of all official data, protection of any
Government-furnished equipment and property, in carrying out the mission of USDA at the alternative worksite. Government-furnished equipment must only be
used for official duties and family members and friends of teleworkers are not authorized to use any
Government furnished equipment. Where the employee has been approved by the agency to use their personal
computers and equipment for telework on non-sensitive unclassified data, remote access software must not be
loaded into employee’s personal computers for official purposes. The employee is responsible for
the installation, repair and maintenance of all personal equipment. The agency is responsible for the maintenance of all Government-furnished
equipment. The employee may be required to bring such equipment into the office for maintenance.
The employee must return all Government-furnished equipment and materials to the agency at the conclusion
of teleworking arrangements or the agency’s request.
Liability and Injury Compensation
The Government is not liable for damages to the employee’s personal or real property while the employee is working at the approved alternative worksite, except to the extent the Government
is held liable by the Federal Tort Claims Act of the Military and Civilian Employees Claims Act.
The employee is covered by the Federal Employees Compensation Act (FECA) when injured or suffering from work-related illnesses while conducting official Government
business. The employee agrees to notify the supervisor immediately of any accident or injury that
occurs at the alternative worksite while performing official duties and to complete any required
forms.
Standards of Conduct
The employee acknowledges that he/she continues to be bound by the Department of Agriculture standards of conduct while working at the alternative worksite and
using Government-furnished equipment.
Mileage Savings
The employee estimates that the telework arrangement will result in a reduction of approximately ________miles traveled in commuting per week.
Termination of the Telework Agreement
This telework agreement can be terminated by either the employee or the supervisor by giving advance written notice. Management shall terminate the telework agreement
should the employee’s performance not meet the prescribed standard, or the teleworking arrangement
fails to meet organizational needs.
Date of Commencement
The telework arrangement covered by this Agreement will commence on (date):
Signatures:
Employee:
Date:
Supervisor:
Date:
SAMPLE SAFETY CHECKLIST
USDA TELEWORK PROGRAM
The following checklist is designed to assess the overall safety of the home worksite. The participating
employee should complete the checklist by circling the correct answer, sign and date it, and return it to his or her supervisor (and retain a copy for his or her own records).
1. Are temperature, noise, ventilation, and lighting levels adequate for maintaining your normal level of job performance?
Yes
No
2. Is all electrical equipment free of recognized hazards that would cause physical harm (frayed wires, bare conductors,
loose wires or fixtures, exposed wiring on the ceiling or walls)?
Yes
No
3. Will the building’s electrical system permit the grounding of electrical equipment (a three-prong receptacle)?
Yes
No
4. Are aisles, doorways, and corners free of obstructions to permit visibility and movement?
Yes
No
5. Are file cabinets and storage closets arranged so drawers and door do not enter into walkways?
Yes
No
6. Are phone lines, electrical cords, and surge protectors secured under a desk or alongside a baseboard?
Yes
No
EMPLOYEE'S SIGNATURE:
DATE:
NAME:
AGENCY:
POSITION:
ADDRESS:
LOCATION OF DESIGNATED HOME OFFICE OR WORK AREA:
HOME TELEPHONE:
SUPERVISOR’S NAME:
RESOURCE LINKS
1. General Services Administration/Office of Personnel Management: http://www.telework.gov
2. Mid-Atlantic Telecommuting Advisory Council: http://www.dctelecommute.org
3. General Services Administration: http://www.gsa.gov
4. Washington Metropolitan Council of Government: http://www.mwcog.org/
5. International Teleworking Association Council: http://www.telecommute.org
1. PURPOSE
2. POLICY
(1) Advise the ASA in planning, developing, and implementing policies, programs, and systems to manage teleworking programs; and,
(2) Provide and interpret USDA policies and standards for teleworking programs.
(1) Obtain authorization to transfer office phone to home or telecenter number;
(2) Obtain Federal calling card for employee;
(3) Make arrangements for any authorized items in 3 above; and,
(4) Provide completed GSA Telecommmuting Facility Reimbursement Information Sheet Form which he/she will send to appropriate office in GSA.
TUES:
WED:
THURS:
FRI:
Home office or work area -
Address:
Location of home office or work area:
Phone Number:
Fax Number:
Email:
GSA Telecenter -
Address
Phone Number:
Fax Number:
Email:
Other approved alternative worksite -
Address
Phone Number:
Fax Number:
Email:
The official duty station corresponds to that found on the most recent SF 50, Notification of Personnel Action.
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