Chapter 368
Telecommuting
Subchapter
SUBCHAPTER 1. GENERAL PROVISIONS
1-1. General
1-2. Background
1-3. Reference
SUBCHAPTER 2. OPM Policy
2-1. Policy
2-2. Benefits
2-3. Guidance for Approving Request to Telecommute
SUBCHAPTER 3. Procedures
3-1. Requesting Approval to Telecommute
3-2. Time, Attendance and Pay
3-3. Documenting and Reporting Changes to Work Agreements
3-4. Use of Equipment
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APPENDIX A-1: |
ALTERNATE WORKSITE WORK AGREEMENT |
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APPENDIX A-2: |
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APPENDIX A-3: |
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APPENDIX A-4: |
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APPENDIX B: |
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APPENDIX C: |
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APPENDIX C-1: |
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APPENDIX C-2: |
TELECOMMUTING FACILITY REIMBURSEMENT INFORMATION SHEET |
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APPENDIX C-3: |
PAYING OFFICE INFORMATION SHEET |
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APPENDIX D: |
REQUEST TO TELECOMMUTE |
1-1. General
This chapter provides guidance on the establishment, management and maintenance of telecommuting within the Office of Personnel Management. The telecommuting program allows OPM employees to work at alternative worksites as part of their regular tour of duty. This may include their homes, satellite telecommuting centers or other approved sites away from the office. Other common names for telecommuting include work-at-home, flexiplace, telework and homework.
1-2. Background
a. In January 1990, the President's Council on Management Improvement (PCMI) approved guidelines for a one year Federal Flexible Workplace Pilot Project. OPM implemented this pilot on October 1, 1990. The purpose of the pilot was to assess whether flexible workplace arrangements would assist OPM in recruiting, motivating and retaining workers, as well as reducing costs. Results of the pilot concluded that flexiplace, or telecommuting, is a successful program that works well with employees who are proven performers and provides significant benefits to participating employees.
b. On July 11, 1994, President Clinton signed a directive calling on each executive department and agency to establish a program to encourage and support the expansion of flexible family-friendly work arrangements including... telecommuting and satellite work locations.
c. The President's Management Council endorsed the National Telecommuting Initiative in January 1996. This initiative is a plan that set goals for significantly increasing the numbers of Federal employees who telecommute. The governmentwide goal was 60,000 Federal employees telecommuting in FY 1998 and 160,000 Federal telecommuters by FY 2002.
d. On June 21, 1996, President Clinton further directed all executive departments and agencies to review their personnel practices and develop a plan of action to utilize the flexible policies already in place and, to the extent feasible, expand their ability to provide their employees... opportunities to telecommute.
1-3. References
The Balancing Work and Family Demands Through Telecommuting guide was issued by the Family Friendly Workplace Advocacy Office within the Office of Personnel Management in September 1995. The Guide provides basic guidelines for establishing a telecommuting program.
2-1. Policy
a. The Office of Personnel Management supports the full range of telecommuting options. All organizations will be covered by the provisions of this policy. OPM's telecommuting program is voluntary. It is an option that may be used to assist in the effective and efficient accomplishment of agency business.
b. Telecommuting as used in this chapter allows OPM employees to work at alternative worksites as part of their regular tour of duty, either at home or at a telecenter.
c. Telecommuting should not be confused with home-based, employee owned businesses or independent contracting or consulting arrangements in the home. In most cases, the employee's official duty station remains the telecommuters current traditional Federal office regardless of where the work is actually performed.
d. Employees approved to telecommute as a reasonable accommodation are not necessarily subject to all provisions of this chapter. The employee's Alternative Worksite Work Agreement will note the provisions of this chapter to which the employee must adhere.
2-2. Benefits
OPM believes the telecommuting program provides benefits for all parties.2-3. Guidance for Approving Requests to Telecommute
a. Under OPM's telecommuting program supervisors will approve, disapprove or discontinue telecommuting arrangements on a case-by-case basis. The form, Request to Telecommute, is in Appendix D of this Chapter. This form must be used to request telecommuting arrangements. Approval or disapproval of telecommuting requests must also be documented on this form. Employees must complete the form and submit it to the supervisor. The supervisor will return the form to the employee within five (5) business days, whenever possible.
b. Employees who are approved for telecommuting should be able to manage workloads with minimum supervision. Telecommuting is not appropriate for employees who are performing at less than the fully successful level. Generally, telecommuting will not be appropriate for new employees, e.g., employees who need to be in the office to learn the organization, employees who require on-the-job training, etc.
c. Telecommuters should have work assignments that require minimum personal interface with co-workers and customers. The work should be measurable in terms of results and outcomes. The employees' current performance standards will be used to govern all telecommuting assignments as well as those in the telecommuters current traditional Federal office. All government records, which may include files, references and databases, should be transferable to the alternative worksite or available through some form of technology. The telecommuting agreement must identify specific items (phone, computer, fax, data, etc) needed to complete assignments at the alternate worksite. In addition, the agreement must include types of work assignments to be accomplished and means of communication with the employee when telecommuting (phone, fax, email, etc). [NOTE: Classified data may not be taken to alternative worksites. Privacy Act and sensitive non-classified data may be taken to alternative worksites if necessary precautions are taken to protect the data.]
d. Employees who regularly telecommute should be scheduled to come into the office for at least one day a week or as required by the supervisor. However, there are exceptions to this guideline which include, but are not limited to, when an employee is injured or has a disability that temporarily limits mobility.
e. Supervisors should consider the effect of telecommuting on all employees in the work unit, especially if it means there are fewer employees in the office to handle customer requests. Supervisors and telecommuters must be able to establish effective lines of communication. The supervisor and/or employee may terminate the telecommuting agreement at anytime. In the event that a telecommuting agreement is terminated, employees should be given one pay period to transition back to the current traditional Federal office.
f. The Partnership and Employee Services Division of the Office of Human Resources and EEO is available to assist supervisors with any disputes which arise from the termination of a telecommuting agreement. Employees may contact the agency telecommuting coordinator in the Office of Human Resources and EEO if there are any concerns regarding a telecommuting request or agreement. In addition, bargaining unit employees may contact their respective union officials regarding disputes which arise from the denial of a telecommuting request or the termination of a telecommuting agreement. Bargaining unit employees may also discuss concerns regarding a telecommuting request or agreement with their respective union officials.
g. Employees approved for telecommuting must have a work space that is free from personal distractions and safety hazards (See Appendix B). Telecommuting, whether from home, a telecenter or other remote worksite is not a substitute for dependent care services. Those employees who work from a telecommuting center may not take dependents to the center.
3-1. Requesting Approval to Telecommute
a. Employees who wish to telecommute must request approval from their immediate supervisor. If approved, employees must sign a work agreement with their supervisor. A sample work agreement may be found in Appendix A of this chapter. Offices may design individual work agreements that encompass the information found in the sample agreement. The work agreement should include a safety checklist for those employees who will be working from their homes to assist them as they survey the overall safety and adequacy of their alternate worksite. Completed work agreements must be forwarded to the organizational telecommuting contact for recordkeeping purposes. Supervisors may contact the Office of Human Resources and EEO to identify the contact for their organization.
b. Telecommuters who will be working from home must have a specific room or area of a room designated to perform their official duties. An agency may not use appropriated funds to pay for the increased costs of utility services due to an employee telecommuting from home.
c. Employees who would like to use a telecenter must complete a work agreement and have a Telecommuting Facility Reimbursement Information Sheet completed by their supervisor. This sheet is an agreement between the individual office and the General Services Administration (GSA) regarding the use and the cost of using a telecenter. A copy of the Information Sheet is included in Appendix B of this chapter. The completed sheet must be mailed to the General Services Administration and the telecommuter must take a copy to the telecenter director on the first day of use. The Office of Human Resources and EEO maintains a copy of approved telecenters, their locations and their contacts.
d. Employees may request to telecommute on an ad hoc basis for a short duration (1 to 5 days). After approving the arrangement, the supervisor should document the approval of ad hoc telecommuting. Below are some, not all, situations when it may be appropriate to approve telecommuting on an ad hoc basis:
a. Employees who telecommute are governed by the same policies regarding work schedules, leave and premium pay as apply to those working in the telecommuters current traditional Federal office.
b. If a situation arises at the employee's alternative worksite that results in the employee being unable to continue working, the supervisor may excuse the employee from duty, reschedule work, authorize leave or require the employee to commute to the office to continue working. If the employee knows in advance of a situation that would preclude working at the alternative worksite, then alternative work schedules, leave or time in the employee's current traditional Federal office must be scheduled.
c. Telecommuters will follow the same emergency dismissal and closure procedures as those employees in the telecommuter=s current traditional Federal office.
d. Employees who work regularly scheduled hours between 6:00 p.m. and 6:00 a.m. are entitled to night differential. Under a flexible work schedule, hours worked between 6:00 p.m. and 6:00 a.m. are not counted as night differential if the flexible band of hours included enough time for an employee to work a full day.
e. For purposes of special salary rates and travel allowances, the employee's official duty station is the current traditional Federal office, regardless of whether the employee does the majority of work there or at the alternative worksite. All rules governing premium pay apply to telecommuters. Employees will be paid overtime when ordered and approved in advance by the supervisor. Employees designated Anon-exempt@ are covered by the overtime provisions of the Fair Labor Standards Act (FLSA).
f. Supervisors are responsible for ensuring that
telecommuters work overtime only on duties for which the supervisor intends to
make overtime payment. Non-exempt employees must be paid overtime (or
compensatory time, under certain circumstances) when overtime hours are ordered
and approved in advance by the supervisor with the authority to authorize
overtime. In addition, non-exempt employees under the Fair Labor Standards Act
must be paid overtime for any work that a supervisor "suffers or permits."
Suffered and permit is defined as any work performed by an employee for the
benefit of OPM, whether requested or not, provided the supervisor is aware that
work is being performed and has the opportunity to prevent the work from being
performed. If a telecommuter works unauthorized overtime on a recurring basis,
the supervisor may terminate the telecommuting work agreement.
3-3. Documenting and Reporting Changes to Work
Agreements
a. OPM will provide and/or install equipment in alternative worksites other than telecenters. Decisions on equipment will be made on a case-by-case basis. Employees may request to use their personal computers and equipment. The Government will not be liable for damages to an employee's personal or real property while the employee is working at the approved alternative workplace, except to the extent the Government is held liable by the Federal Tort Claims Act or the Military Personnel and Civilian Employees Claims Act.
b. S upervisors should refer to the Office of the Chief Information Officer Support Guidance on setting up a telecommuter prior to approving telecommuting arrangements.
c. The Government is responsible for maintenance of all Government-owned equipment. Employees may be required to bring equipment into the office for maintenance. All files, records, papers or machine readable materials created while telecommuting on behalf of OPM are the property of the Government. Personal use of Government-owned equipment by employees is governed by the OPM Policy on Personal Use of Government Office Equipment. Family members and friends of telecommuters are not authorized personal use of Government-owned equipment under this policy.
d. Employees who use telecenters will be provided access to basic office equipment (e.g. computer, modem, telephone, fax, copier). Telecommuting centers are responsible for the installation and maintenance of telecenter equipment. Employees are prohibited from using telecenter equipment for personal use.
e. Public Law 104-52 allows agencies to use funds to install telephone lines in private residences of those authorized to telecommute and to pay monthly phone charges for such lines. Telecommuters should be provided with calling cards if duties require that long distance calls are made on a regular basis. Management may also use other methods deemed appropriate for providing long distance service.
The following constitutes an agreement between:
____________________________________ and _________________________________________ Employee's Name Supervisor's Name of (Service, Office, Division, Branch, Section, etc.) ______________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ of the U.S. Office of Personnel Management to participate in the alternative worksite (telecommuting) program. Tour of Duty All work schedule flexibilities currently permitted may be continued in a telecommuting arrangement. Please identity the hours a telecommuter will work each day as well the location (alternative vs office). FIRST WEEK: SECOND WEEK: Monday_____________________ Monday___________________ Tuesday____________________ Tuesday__________________ Wednesday__________________ Wednesday________________ Thursday___________________ Thursday_________________ Friday_____________________ Friday___________________
Assignments and Communication
This should include work assignments, agreements on checking voice mail and email or contacting the supervisor as well as the requirement for employees to come into the office as needed. If additional space is required, attach another sheet to the agreement. ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________Length of Agreement
The employee will begin telecommuting on: ____________________ (begin date).This telecommuting schedule will be (check one) _______ indefinite _______ temporary; until ____________ (end date).
Duty Station
The address of the employee's official duty station is _____________________________________________________The address and phone of the employee's alternate worksite is ______________________________________________
Check one
____residence ____telecenterDuty Station.All pay and travel entitlements are based on the official duty station.
Voluntary Participation. The employee voluntarily agrees to work at the agency-approved alternative worksite indicated above and agrees to follow all applicable policies and procedures. This is a flexibility that may be used by management to accomplish work needs. However an employee may not be forced or coerced into a telecommuting arrangement.
Salary and Benefits. Working at an alternative worksite is not a basis for changing the employee's salary or benefits.
Official Duties. The employee will perform official duties only at the official duty station or agency-approved alternative worksite. Employee agrees not to conduct personal business while in official duty status at the alternative worksite.
Time and Attendance. The employee will follow established office procedures for requesting and obtaining approval of leave. The supervisor agrees to certify biweekly the time and attendance for hours worked at the regular office and the alternative worksite.
Overtime. Supervisors are responsible for ensuring that telecommuters work overtime only on duties for which the supervisor intends to make overtime payment. Non-exempt employees must be paid overtime (or compensatory time, under certain circumstances) when overtime hours are ordered and approved in advance by a supervisor with the authority to authorize overtime. Employees designated Anon-exempt@ are covered by the overtime provisions of the Fair Labor Standards Act (FLSA). Any work performed by a non-exempt employee that a supervisor Asuffers or permits@ must be counted as hours of work for pay purposes. Suffered and permit is defined as any work performed by an employee for the benefit of OPM, whether requested or not, provided the supervisor is aware that work is being performed and has the opportunity to prevent the work from being performed. Employees agree that failure to obtain proper approval for overtime work may result in termination of the telecommuting privilege and/or other appropriate action.
Equipment. The employee will protect any Government-owned equipment and use of such equipment is governed by the OPM Policy on Personal Use of Government Office Equipment. The agency will maintain and service Government-owned equipment. The employee may be required to bring the equipment into the traditional Federal office for service. The telecommuting center will install, service and maintain all telecenter equipment.
Liability. The Government will not be liable for damages to an 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 or the Military Personnel and Civilian Employees Claims Act.
Worksite. The employee will provide a work area adequate for performance of official duties. The employee agrees to review work space that is located in a personal residence for conformance with suggested safety checklist.
Alternative Workplace Costs. The Government will not be responsible for any operating costs that are associated with the employee using his or her personal residence as an alternative worksite, for example, home maintenance, insurance, or utilities. However, the employee does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for the Government, as provided by statute and implementing regulations. The Government will be responsible for costs associated with using a workstation in a telecenter. The employee will not be held responsible for costs associated with ordinary and authorized use of a workstation.
Injury Compensation. The employee is covered under Federal Employee's Compensation Act if injured in the course of actually performing official duties at the official duty station or the alternative worksite. The employee agrees to notify the supervisor immediately of any accident or injury that occurs at the alternative worksite. The supervisor will investigate such a report immediately.
Work Assignments. The employee will complete all assigned work according to procedures mutually agreed upon by the employee and the supervisor and according to guidelines and standards in the employee's performance plan.
Work Reporting. The supervisor and employee will agree on terms of reporting work progress and accomplishments from alternate worksite in accordance with the guidelines and standards in the employee=s performance plan.
Performance. The employee's most recent performance rating is at least "fully successful." Neither higher nor lower productivity will be expected of the employee as a result of the telecommuting arrangements.
Disclosure. The employee will protect Government records from unauthorized disclosure or damage and will comply with requirements of the Privacy Act of 1974, 5 U.S.C. 552a.
Standards of Conduct. The employee agrees he or she is bound by agency standards of conduct while working at the alternative worksite.
Cancellation. After appropriate notice to the supervisor, the employee may terminate the telecommuting arrangements. After appropriate notice to the employee, the supervisor may terminate the telecommuting arrangements.
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Supervisor Date
__________________________________________________________________________________________ Employee Date
Supervisors should use the following checklist to ensure that telecommuting requirements are met and that covered employees understand the policies and procedures of the telecommuting program. After an item is completed, list the date on the line next to it.
1. Guidelines and outlining policies and procedures of the
telecommuting program have been
explained to the
employee. Date Completed_________________
2. The employee's most recent performance appraisal rating is "Fully Successful" or better. Date Completed: __________
3. The provisions governing premium pay have been explained to the employee including that he/she must receive the supervisory approval in advance of working overtime. Date Completed: __________
4. Performance expectations been discussed with the employee. Standards are in place and have been signed. Date Completed: __________
5. Policies and procedures covering classified, secure and privacy data have been explained to the employee. Date Completed: __________
6. The employee has been given the safety checklist which identifies safety and adequacy issues that employee should consider when working from home. Date Completed: __________
7. Equipment issued to the employee has been documented with an OPM Form 4753, "Receipt and Pass for Property." Also, check items taken below, as applicable:
YES NO -computer _____ _____ -modem _____ _____ -fax machine _____ _____ -telephone _____ _____ -desk _____ _____ -chair _____ _____ -other _____ _____ ____________________ ______________________ Employee's signature Supervisor's signature
Participating employees may use the following checklist to assist them in a survey of the overall safety and adequacy of their alternate worksite. The following are only recommendations, and do not encompass every situation that may be encountered. Employees are encouraged to obtain professional assistance with issues concerning appropriate electrical service and circuit capacity for residential worksites.
1. Complete a Telecommuting Facility Reimbursement Information Sheet for each user. (All users must give a copy of their agency approved Information Sheet to the appropriate Telecenter Director. The sheet registers and guarantees reimbursement of telecenter services to GSA.)
2. Send a copy of the information sheet to GSA, Business Service 1800 F Street NW. B Room 4333 ATTN: Penny Einarsen Washington, DC 20405
3. Make reservations at a GSA Telecenter by telephoning the appropriate center director as follows:
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2001 daily and monthly fees, as listed on the previous page, are set to 100% of the operating cost per workstation.
Other Procedures
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TELECOMMUTING FACILITY REIMBURSEMENT INFORMATION SHEET |
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2. CONTROL NUMBER(GSA Use only) | |||||||||||||||||||
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5A. AGENCY CONTACT |
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5B. CONTACT TELEPHONE NO. |
AREA CODE |
PHONE NUMBER |
EXT. |
5E. CONTACT ADDRESS
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5C. CONTACT FAX NUMBER |
AREA CODE |
PHONE NUMBER |
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5D. E-MAIL |
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6. FLEXIBLE WORKPLACE PROGRAM SUMMARY : List employee's name , days of telecenter usage and monthly costs below. Fees and usage below (ex: 3 days @ $54 = total monthly cost of $162.00) (30-days notice is required for fee adjustments related to unused workstation days):. | |||||||||||||||||||||
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WEEKLY USAGE EMPLOYEE NAME MON TUE WED THU FRI MONTHLY COST ($'S)
TOTAL COSTS:
1) This payment document will be submitted to GSA on an annual basis. 2) The user will give the center director 30-days notice prior to vacating a telecenter or requesting fee adjustments and notify the appropriate user agency personnel. 3) The telecenter director will notify GSA of the use termination by signing in Section 18 and forwarding a copy of this document to GSA, PBS, Business Performance. | |||||||||||||||||||||
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CHECK AS APPROPRIATE: |
10. REQUESTED SERVICE DATES: |
13A. FED CODE |
13B. BUREAU CODE | ||||||||||||||||||
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7. New User |
A. START: |
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8. Amendment |
B. COMPLETION: |
14A. AGENCY FINANCE BILLING ADDRESS | |||||||||||||||||||
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9A. BILLING TYPE |
9B. BILLING TERMS |
11. AGENCY CERT. AMT. |
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14B. STREET ADDRESS | |||||||||||||||||||||
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12A. AGENCY LOCATION CODE |
12B. AGENCY ID # |
12C. FUND CODE |
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14B. CITY |
14C. STATE |
14D. ZIP CODE | ||||||||||||||||||
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12D. AGENCY ACCOUNTING DATA: (LIMITED TO 60 CHARACTERS ) |
16A. CREDIT CARD NUMBER |
16B. EXP. DATE | |||||||||||||||||||
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16C. TYPE OF CARD (i.e., VISA) |
16D. CARD HOLDER NAME (TYPE OR PRINT) | ||||||||||||||||||||
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15A. CERTIFYING OFFICIAL'S SIGNATURE |
15B. DATE |
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17. CERTIFYING OFFICIAL'S PHONE NUMBER | |||||||||||||||||||||
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15C. NAME OF SIGNER (Type or Print) |
AREA CODE |
PHONE NUMBER |
EXT. | ||||||||||||||||||
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GSA & Center Director Records: |
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POINT OF SALE TERMINAL (For
Credit Card Purchases Only) | |||||||||||||||||||||
| 18. CENTER DIRECTOR TERMINATION SIGNATURE |
SIGNER'S NAME (Type or Print) |
25C. DATE | |||||||||||||||||||
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KEEP A COPY FOR YOUR RECORDS AND FORWARD COPIES TO:
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5a-e. Enter information regarding the individual responsible for agency employee(s) telecenter coordination. Enter a concise statement of workstation used, fees and total projected monthly costs.
7. Check if new information sheet.
8. Check if submittal is a modification to an existing AGREEMENT or information sheet.
9a. Enter billing type: C = Credit Card
9b. Enter billing terms: A = Advance, C = At completion, M = Monthly, Q = Quarterly, T = At Termination, Y = Annually (in arrears),
10a-b. Enter agreed upon project start and completion dates.
11. Enter the total dollar amount approved for funding. Must match GSA=s established telecenter fees.
12a. Enter the eight (8) character agency location code. (Treasury Pay-station Designator)
12b. Enter the appropriate agency identification number.
12c. Enter the appropriate agency fund code.
12d. Enter agency accounting information (Limited to 60 characters).
13a. Enter the agency Fed Code. 13b. Enter the agency bureau code.
14a-d. Enter the appropriate billing address information.
15a-c. Enter signature, name and date of agency's authorized representative, certifying the validity of order and the availability of funds.
16a. Enter Credit Card Number (Or phone the appropriate GSA official with this information.
16b. Enter expiration date
16c. Enter type of Card.
16d. Enter Card Holder's name.
17. Enter the certifying official's phone number.
18. Telecenter Director signs here when user vacates workstation.
GSA PortionEnter the Point of Sale Terminal (For Credit Card Purchases Only).
APPENDIX D
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REQUEST TO TELECOMMUTE | |||
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Employee=s Name |
Date of Request | ||
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Employee=s First Line Supervisor |
Employee=s Organization | ||
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I certify that my current rating of record is at least AFully Successful.@ initial | |||
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Proposed Start Date |
No of Days at Alternate Worksite |
Alternate Worksite (circle one) Telecenter Or Home | |
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Address of Alternate Worksite:
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Phone # of alternate worksite |
Fax # of alternate worksite | |
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Circle days in office: M T W Th F |
E-mail of alternate worksite | ||
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Work assignment, communication methods, and work reporting:
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I understand that if approved this agreement is subject to all guidelines, rules and regulations identified in Chapter 368, Telecommuting, of the Human Resources Handbook. Employee =s Signature: Date: | |||
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9 Approve 9Disapprove (If disapprove, indicate reason below.)Supervisor =s Signature: Date: | |||
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Reason request was not approved (attach additional sheet if needed):
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Request to Terminate Agreement | |||
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Name of individual requesting termination of agreement:
Circle one : Supervisor or Telecommuter |
Reason for termination of agreement - attach additional sheet if needed (2 weeks notice must be given when terminating an agreement)
Effective Date of Termination: | ||
The supervisor will sign and return the form to the employee within five (5) business days, whenever possible.
Attach copy of this form to the telecommuting agreement between employee and supervisor. A copy of the request to telecommute should be forwarded to the Agency Telecommuting Coordinator in the Office of Human Resources and EEO after the supervisor has signed off.
cc: Office of Human Resources and
EEO
Attn: Telecommuting
Coordinator
1900 E Street, NW Room
1469
Washington, DC
20415
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Comments and Feedback to: Randy McCrimmon |