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"Each executive agency shall establish a policy under which eligible employees may participate in telework to the maximum extent possible without diminished employee performance."
Public Law 106-346, §359,
October 23, 2000
Department of Justice Telework Guide
January 2006
Table of Contents
Introduction
Purpose
Background
Benefits
Contingency of Operations Plan (COOP)
Policies/Procedures
About Telework/Teleworkers
Responsibilities
Time, Attendance and Pay
Facilities Issues
Computer Security
Other Issues
Appendix A
INTRODUCTION
| With the heightened focus on the integration of telework, Continuity of Operations (COOP) planning, and general emergency preparedness, telework must continue to be an integral part of agencies' business practices.
Message from the Director of OPM, 2005
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In today's world, employees are no longer content to stay locked into the traditional 9 to 5 jobs of the past. With the improvements in technology, employees now look for increased job flexibilities, which permit employees to better manage their work-life and their home life. If the federal government wants to become an employer of choice for this nation's talent then they are going to have to change the way business has traditionally been conducted in the past. In order to continue to attract and retain quality employees, programs like Telework are becoming a valuable management tool that can be effectively implemented to address quality of life issues for employees while enhancing an organizations ability to produce more work with fewer resources.
By implementing programs such as Telework managers emphasize that they trust and value the individual worker, in return for this flexibility workers are more loyal, harder working and conscientious than ever before. Work place flexibilities are truly a win-win scenario for the organization as well as the individual.
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PURPOSE
This Guide establishes basic parameters for the Telework Program. (Telework is also referred to as flexible workplace, work-at-home, flexi-place, and telecommuting.) This guidance applies to all Department of Justice components. All Department components choosing to develop specific telework programs must ensure compliance with the provisions of this Guide.
The telework program's objective is to allow selected employees to work at alternative worksites on a regularly scheduled basis (versus unscheduled or occasional performance of work by employees at an alternate work site). Teleworking extends the workplace and enables productive work to be conducted outside the traditional office workplace.
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BACKGROUND
The Department of Justice (DOJ) was one of the first agencies to initiate a telework pilot program through our participation in the 1990 Federal Flexible Workplace Pilot (Flexi-place) Program. The program, developed by Office of Personnel Management (OPM) and General Services Administration (GSA), was established in response to a recommendation by the President's Council on Management Improvement (PCMI) and was implemented with the support of the White House, Congress, and the major unions representing Federal employees. It was designed to test alternatives to the traditional work environment. The results of that landmark telework pilot program can be viewed on the Internet at: http://www.opm.gov/studies/FINAL-TELEWRK.htm
At the onset of the program, Managers expressed reservations and concerns over:
- Employees availability for face-to-face interaction
- Potential resentment of the rest of the staff
- Anticipated communication problems
At the end of the study managers reported that concerns had been unfounded.
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The telework experience within the Department has been consistently positive and reflects flexibility, cooperation, creativity, and initiative on the part of both managers and employees. Examples of successful programs and experiences, from the Department and other agencies, can be obtained by contacting Component Worklife Coordinator: http://www.usdoj.gov/jmd/ps/wpc-dic.htm
Telework is an innovative management tool that provides employees with the opportunity to perform their duties at alternative worksites during an agreed upon portion of their workweek.
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BENEFITS
| Telework is emerging as an important and attractive work option for the Federal Government and its employees. For agencies, it provides another flexibility that makes Federal service attractive to prospective employees and a tool to encourage employees to remain in Federal service.
Message from the Director of OPM, May 2003
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Telework offers an alternative to the traditional work environment, which yields significant benefits to the Department and the individual employee:
- Employees who telework are often more productive and generate better quality work due to the quiet environment where interruptions are minimized.
- Supervisors experience improved employee loyalty and commitment. Supervisors often report seeing an increase in quality of work and cooperation from the employee in ensuring that office coverage is maintained. In short, employees want to perpetuate the benefit they have been given.
- Employees avoid arduous commutes to high-density urban areas, thus having more productive time available to carry out work assignments as opposed to sitting in traffic. This reduces employee stress levels, which in turn, contributes to better employee health.
- Less commuting improves the environment by reducing air pollution.
- In this increasingly competitive job market telework allows supervisors to attract and retain high quality employees.
- Telework provides organizations with opportunities to test their Continuity of Operations Plans (COOP) on an on-going, day-to-day basis, allowing for bugs to be worked out of the COOP by providing support to alternative work-sites.
- Managers can target specific labor markets such as handicapped individuals. Technological advances enable managers to support the disabled person with equipment that accommodates the individual's impairment, as well as permits flexibility in the location of the worksite.
- Employees who are injured, recuperating, and/or physically limited may be able to work at home and complete work assignments while minimizing sick leave.
- Telework has also been linked to reducing absenteeism, reducing training dollars by reducing employee turnover, as well as reducing parking issues and workspace issues in the office and long-term real estate costs.
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CONTINUITY OF OPERATIONS PLAN (COOP)
(Reference document, "A Federal Employee's Emergency Guide", by United States Office of Personnel Management, August 2005.)
| "The changing threat environment and recent emergencies, including localized acts of nature, accidents, technological emergencies, and military or terrorist attack-related incidents, have shifted awareness to the need for continuity of operations in order continue their essential functions across a broad spectrum of emergencies."
Federal Preparedness Circular 65, update 6/15/2004
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| "We must be ready and flexible in our methods of accomplishing the Department's mission. Our primary way to achieve this flexibility and ensure continuity of Department operations in times of emergency is through the establishment of remote work sites. Today's technology can provide effective communication from a variety of locations - home offices, Telework Centers, even federal office buildings located outside of large urban centers. In setting-up alternative worksites, we will be better prepared to carry on in the face of any threat confronted by the Department and the Nation. While establishing home office workstation or one at a Telework Center is not inherently difficult, they need to be established before a crisis requires them. Affected personnel need to be practiced at operating from their alternative sites and be familiar with remote access security procedures."
Memorandum for Heads of Department Components, Paul R. Corts, Assistant Attorney General for Administration, June 2004
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FPC 65 is a government-wide initiative mandated by the President that was created to ensure the ability of the Federal Departments and Agencies to fulfill their essential roles and functions in response to a wide spectrum of threats. Each Department of Justice (DOJ) Component is required to develop and maintain a Continuity of Operations (COOP) Plan to ensure that mission essential function are operational within 12 hours of any emergency activation with or without warning. Some threats might include:
- Fire in the building
- Natural Disasters
- Threat or occurrence of terrorist attack
- Any event that makes it impossible for employees to work in their regular facility
Telework can be an essential part of a COOP. A fully implemented telework program should be a key component of an effective COOP Plan. Telework provides a cost effective reliable COOP capability that is routinely exercised since it is integrated into existing IT infrastructures and normal employee activities. To make telework a viable option during emergencies work must be organized to facilitate electronic communication and eliminate paper-based processes whenever possible, e.g., automating reports and procedures as much as possible. To facilitate the use of telework during emergencies DOJ Components should:
- Identify essential functions that essential personnel or key personnel can perform from a telework location. These employees should be familiar and comfortable in working from remote locations.
- Ensure the IT infrastructure can support the volume of telecommuting anticipated in an emergency.
- Permit essential personnel to work off-site at a designated telework site on a quarterly basis to test the worksite.
- Identify problems and develop new processes for accomplishing regular tasks from remote locations.
- Work through IT issues that arise from dealing with a variety of remote locations with a variety of equipment.
- Develop emergency training and exercises for essential "telework" personnel.
- Include agency telework coordinators in disaster planning.
- Help Department decision makers understand that telework is an important agency tool, not just a "nice to have" flexibility for employees. Educate Component managers on the advantages of telework and how it would be beneficial in their emergency planning.
- Consider scenarios where power is unavailable or certain regions or locations are inaccessible during various emergency situations. Then work backward to ensure that your COOP considers alternatives. These alternatives should provide solutions to these problems, such as the back-up emergency generators at the GSA Telework Centers. If this contingency becomes part of your agencies COOP then the Department should investigate and establish agreements with the GSA telework centers now, to ensure that space is available for your agency.
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POLICIES/PROCEDURES
Public Law 106-346, §359-implementation guidance mandates:
By April 2004, 100% of eligible employees should be able to telecommute.
- Each agency shall provide for adequate administrative, human resources, technical, and logistic support for carrying out the policy.
- In determining positions appropriate for telework, each agency must identify positions that are appropriate in a manner that focuses on broad objective criteria.
- "Eligible employee" means any satisfactorily performing employee of the agency whose job may typically be performed at least one day per week via telework.
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That being said, telework is not an employee right. The supervisor is responsible for deciding if the position is one that is appropriate for off-site work and for examining both the content of the work and the performance of the employee. If the manager believes the telework arrangement is not working (for example, the employee's performance declines or the participation interferes with organizational needs), he/she has the responsibility to end an employee's participation. However, a minimum of 90 days participation should be allowed to provide employees and supervisors a reasonable period of time to determine the viability of the telework arrangement. (The 90-day "trial" time period is not necessary for short-term, situational or project-based telework arrangements.)
Both the telecommuter and the supervisor need to remain adaptable especially during the initial adjustment period. This flexibility will allow the teleworker to find the optimal arrangement for his/her personality and the job requirement.
By making the commitment to a telework program employees and supervisors must remain flexible in order to remain responsive to unexpected contingencies. Therefore, teleworkers must be able to:
Work at the traditional worksite on telework days, when needed.
Temporarily suspend telework, on an occasional basis, if necessitated by work requirements.
Conversely, 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.
Initiating the Request for Telework:
In order to to be considered for telework, the employee must submit an initial request for a telework arrangement using the DOJ Flexible Work Options Request form. (Choose your preferred format: HTML or Word Perfect® 6/7/8/9;http://www.usdoj.gov/jmd/ps/doj-fwo.htm). This form is also available from your Component Worklife Coordinator http://www.usdoj.gov/jmd/ps/wpc-dic.htm or the Department's Worklife Program Manager. The request will include information such as: the telework schedule and location, any costs or cost savings to the Government, and methods for avoiding disruption to the supervisor, co-workers, and clients. A cover memorandum explaining the reason for the request and any benefits to the Government and the requester is optional. The form is submitted to the first line supervisor for review and approval. (Note: authority for approving telework requests varies among Department Components. Please contact your Component Worklife Coordinator to determine the correct process for your organization.)
In accordance with:
| Memorandum for Heads of Department Components, SUBJECT: Human Resource Order Chapters: Student Loan Repayment and Flexible Work Options, dated June 17, 2005
"Supervisors and managers must process employees' request for flexible work options within a timeframe not to exceed 6 weeks or 30 working days".
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Completing the Telework Agreement:
Upon supervisory approval, the employee must complete the DOJ Telework Agreement form that covers the terms and conditions of the arrangement. This constitutes an agreement by the employee to adhere to applicable guidelines and policies. The telework agreement will cover items such as the voluntary nature of the arrangement; length of telework arrangement; hours and days of duty for each work site; responsibilities for timekeeping, leave approval, and requests for overtime and compensatory time; performance requirements; proper use and safeguards of government property and records; and, standards of conduct.
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ABOUT TELEWORK/TELEWORKERS
Telework impacts not just the employees who will work from an alternative worksite, but their manager, their co-workers and their clients. In order for the telework program to be a success a clear plan must be developed to eliminate potential negative impacts while enhancing the positive for all involved. Key to this, from both the activity and organizational standpoint, is the proper selection of teleworkers, telework positions, and a strong commitment from management. The criteria used to select participants will depend upon a number of interrelating issues.
Before a manager can consider a telework request, the manager and employee must examine the job requirements. While some jobs can be performed almost exclusively offsite, most jobs require a certain amount of time at the office. Jobs that require the worker to perform a daily, hands-on service for others are not adaptable to telework.
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Positions Compatible for Telework
Specific work activities are portable and can be performed as effectively outside the office.
Performance can be judged either through quality and timeliness of assignments or quantity of tasks completed or a combination of these factors.
An essential component of job responsibility consists of reading/processing tasks, e.g., reviewing case files and writing legal briefs.
Face-to-face contact with other employees and clients is predictable or contact can be managed through telephone or E-mail communication.
Work planned for telework days is not classified.
The technology and equipment needed to perform the job off-site is available or can be adjusted for use on the days when the employee is in the primary office. For example, use of photocopier and telefax equipment.
Cyclical work does not present a problem.
Security and confidentiality of data, including sensitive, non-classified, Privacy Act information, can be adequately assured.
Access to necessary reference materials is available through photocopying, faxing, or electronic transfer of documents.
Travel requirements for the position have been identified and anticipated. For example, trips may begin or end at the remote office rather than the main office and paperwork is accomplished at the remote office.
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Eligible Employees
The employee has demonstrated self-motivation, independence, and dependability in accomplishing work assignments.
The employee can work effectively in an isolated environment.
The employee has good time management skills.
The employee's overall performance evaluations are fully successful or higher.
The employee has clearly defined performance standards.
The employee has satisfied satellite work station requirements, including availability of necessary equipment; privacy and lack of personal interruptions; security of sensitive, non-classified data; and confidentiality of Privacy Act information.
The employee has a history of reliable and responsible performance of duties in the current organization.
The employee does not require close supervision or constant, face-to-face interaction with co-workers to complete their assignments.
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Managers
| "Agencies shall take a fresh look at the barriers that currently inhibit the use of this flexibility, act to remove them, and increase actual participation."
Public Law 106-346, §359
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In order to reduce barriers that inhibit the use of this flexibility, managers must work to learn or adjust methods of leading to ensure the continued success of telework.
- The manager should use existing quality and quantity standards to evaluate work performance of a teleworker. (Therefore management for the teleworker remains the same as for employees in the traditional worksite, measure performance by results without daily, direct observation).
- The manager must be an effective communicator and must be able to clearly define tasks and expectations.
- The manager should be supportive of the concept and willing to work through minor problems or obstacles that may occur.
Go to the Manager's Page on DOJ's Worklife Website and review "Manager's Tips" at http://www.usdoj.gov:80/jmd/ps/wlmtips.html. Also review the information provided under the "Manager's Decision Tool Kit", at http://www.usdoj.gov:80/jmd/ps/wldtool.html. In addition, there is an introductory on-line telework course available for managers through USALearning.gov. For additional details on this course see the training section of this guide.
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Locations for Telework
Telework locations are also important considerations when evaluating a telework arrangement. The most common two options are listed below along with some thoughts to consider regarding each alternative.
- Employee's home-working in a space specifically set aside as an office or other appropriate area in the employee's residence where the employee can perform official work duties. Some considerations may include:
- ensure dependent care arrangements are maintained and do not interfere with the home office;
- work-at-home telework may increase an employees home utility costs. (The Department assumes no responsibility for any operational costs associated with the employees' home residence, including home maintenance, insurance, or utilities.) However, these costs are usually offset by the savings the employee realizes by reducing the cost of their weekly commute to the traditional worksite, reduced lunch money and clothing.
- Government equipment lent to the employee for the purposes of telework are for Official Government Business only. (Maintenance of government owned equipment may require access by approved repairers to the employee's home or the teleworker may have to transport the equipment to the traditional worksite for repairs.)
- Satellite facility-working from a telework center or an office near the employee's home, in space owned or leased by one or more agencies. Satellite center employees work there primarily because it is close to their home, not necessarily because they belong to the same work unit. Some considerations for a telework center include:
- On-site technical support and full resources;
- Telework centers generally provide more traditional work structure;
- Maintains a clear delineation of work and home life.
- There is usually a monthly/yearly cost associated with use of a telework center which the Agency will have to agree to cover.
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RESPONSIBLITIES
Work Agreements:
Each employee makes an initial request for telework using the DOJ Flexible Work Option Request form. Employees should consider the following when making telework requests:
- Look beyond the benefits to yourself; explain to your supervisor how it will positively benefit your organization.
- Start off small by suggesting a day or two a week.
- Be willing to be held accountable and self-policing. If you are not self-motivated, off-site work may not suit you.
- Create a track record of being reliable and producing quality work.
- Maintain a list of your accomplishments. (Particularly those that indicate an ability to work in a more isolated environment.)
- Consider the possible effects on your co-workers and clients. Your off-site work should not impose on others by making their work more difficult.
Supervisors will:
- Review and approve/disapprove employee requests to telecommute;
- Evaluate distribution of assignments to ensure equitable distribution of workload; for all workers, in and out of the office.
- Develop and amend performance work plans as needed for work performed away from the primary official duty station;
- Assign appropriate work to be performed at the alternate duty station and verify that the teleworker has the information and equipment necessary to perform the work independently;
- Ensure that work-related documents in both hard copy and electronic form have been adequately secured within the remote work site; and
- Periodically evaluate the efficacy of the telework arrangement.
- To help teleworkers reduce the feelings of isolation, supervisors should ensure efforts are made to include teleworkers as part of the team.
- Plan meetings for days when all teleworkers are scheduled to be in the traditional office.
- Teleworkers should be considered equally for the selection of assignments, performance reviews, or any other employer/employee matter.
- Supervisors must approve changes in work schedules on telework days and on flexitime schedules in advance to ensure any liability for premium or overtime pay.
Employees will:
- Complete the DOJ Flexible Work Options Request (Choose your preferred format: HTML or Word Perfect® 6/7/8/9), Flexible Work Option Form; and the DOJ Telework Agreement Form.
- Observe agreed-upon hours of work in accordance with established policies;
- Observe policies of requesting leave when leave is to be taken;
- Use Government equipment only for official purposes;
- Ensure that work information in both hard copy and electronic form have been adequately secured; and
- Ensure that dependent care for young children, elderly loved ones, or loved ones with special needs is provided by someone other than themselves while they telework. Telework can provide valuable assistance in the management of work/family schedules, but it is not a substitute for dependent care support.
- Ensure that their work schedule clearly identifies the days and times the employee will work in each work setting, (i.e., primary duty station or telework site).
- Maintain a regular work schedule to make it easier for clients and colleagues to stay in-touch.
- Coordinate absences from the alternative work-site, including official meetings, to ensure that supervisor can properly account for the teleworker's whereabouts and attendance.
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Work Schedules:
Work away from the office will vary depending upon the individual arrangements between employees and their supervisors. However, for on-going programs, each telework agreement should provide for a minimum number of days in the office, because:
- This will ensure that the employee is available for occasional face-to-face meetings, access to facilities, etc.
- Successful programs have shown employees need to spend at least some time in the office to minimize isolation and communication problems, facilitate integration of the employee with those in the office, and to ease supervisor's adjustment.
These hours can parallel the hours in the traditional worksite or be specific to the alternative worksite. However, work schedules must adhere to provisions of existing regulations, government-wide policy and applicable bargaining agreements.
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Position Descriptions:
Changes to position descriptions normally should not be required, unless the telework arrangement changes the actual position duties or the position description is not up-to-date. Supervisors should ensure that outdated or nonessential functions are removed and include any minor modifications to supervisory controls or work environment factors.
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Performance Management:
An employee must have a proven or expected (for new employees), performance rating of "fully successful" or equivalent, to be eligible for participation, and for ongoing participation, in the telework program.
Teleworkers' performance should be monitored in the same manner as all employees' at the traditional worksite. The performance standards should be based on a results-oriented approach and should describe the quantity and quality of expected work products and the method of evaluation.
Teleworkers are required to 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.
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TIME, ATTENDANCE AND PAY
Hours of Duty:
Employees may work standard, flexible, or compressed schedules, depending upon the agreement between the employee and the supervisor.
- The supervisor and the employee select the work-at-home day(s) together.
- There are no limits on the number of telework days vs. in-office days per week; although, it is normally recommended that no more than three work-at-home days per week be allowed.
- Supervisors do have the discretion to allow more than three telework days per week to meet the Department's operational requirements.
- Completely unstructured arrangements where employees work at home at will are not permitted.
Components should adopt a flexible approach in developing optimum arrangements for these employees. Likewise, managers reserve the right to require employees to report to the traditional worksite on scheduled telework days, based on operational requirements.
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Leave:
The policies for requesting annual leave, sick leave, or leave without pay remain unchanged. The employee is responsible for requesting leave in advance from the supervisor and keeping the timekeeper informed of leave usage.
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Certification and Control of Time and Attendance:
Proper monitoring and certification of employee work time is critical to the success of the program. Supervisors must report time and attendance to ensure that employees are paid only for work performed and that absences from scheduled tours of duty are accounted for correctly.
| In order to comply with reporting requirements set forth by Congress, all Components using National Finance Center (NFC), Star Web 4.0 must track telework hours through that system. Information regarding the proper Transaction Code Descriptor(s) (TCD) for telework hours worked with the appropriate Transaction Code(s) (TA) are available from the National Finance Center.>
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Administrative Leave, Dismissals and Emergency Closings:
Although a variety of circumstances may affect individual situations, the principles governing administrative leave, dismissals, and closings remain unchanged. The ability to conduct work, whether at home or at the office, determines when an employee may be excused from duty. For example, if the employee is working at home, and the main office closes, normally the teleworker will continue working at home. However there are some circumstances where this may not be true.
In a situation where an employee's electricity fails while working at home, the supervisor should determine the appropriate action on a case-by-case basis. The supervisor may:
- Require the employee to report for work at the traditional worksite
- Grant administrative leave: particularly if the government has shutdown due to inclement weather.
- Offer the teleworker the option to take leave, compensatory time off or credit hours
When an employee knows in advance of a situation that would preclude working at home, either time in the office or leave should be scheduled.
What about teleworking employees during emergency closures such as extreme ice and snow days? Do they still telework?
"Employees who telework from home or from an alternative workplace are an invaluable resource to employers for keeping an agency operational during a time of emergency. Therefore, agencies may wish to modify their current policies concerning emergency situations to require telework employees to continue to work at their alternative worksites when the agency is closed. Teleworkers can be required to work during emergency closures even if that day is not a regular telework day or a day with specific approval for situational/episodic telework. If an agency chooses to require an employee to telework during emergency closures either on his or her regular telework day, or on any day when the agency is closed by an emergency, the agency should include this requirement as part of the employee's written telework agreement. On a case-by-case basis, an agency may excuse a telework employee from duty during an emergency if the emergency adversely affects the telework site, if the teleworker is unable to access the alternative telework site (telework center), if the teleworker faces a personal hardship (e.g. child care issues, the inability of telework center teleworkers to get to the centers, etc.) that prevent him or her from working successfully, or if the teleworker's duties are such that he or she cannot continue to work without contact with the regular worksite. Agency management officials are reminded that they should consult with their employees' unions before implementing new, or revised, telework policies."
Taken from the "Frequently Asked Question" section of OPM's and GSA's, Interagency Telework Website. For more information go to: http://www.telework.gov/faqs.asp.
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Fair Labor Standards Act (FLSA):
The existing rules in title 5 U.S.C. and the FLSA governing overtime also apply to telework.
- Overtime is time worked at official duties in excess of the scheduled tour of duty that is ordered and approved by the supervisor in advance of that work.
- It is the responsibility of the supervisor to regulate and control the use of overtime.
- Employees are responsible for requesting, in advance, approval to work in excess of their normal hours of duty. This is particularly important when employees are working at a remote site without direct supervisory oversight.
- Managers must ensure that only the work for which it intends to make payment is performed. Since the supervisor is not on the scene, FLSA overtime (or potential liability for FLSA overtime) could be hard to control if clear directions are not provided to participating employees.
- Non-exempt telecworkers who work in excess of the hours approved by managers to receive compensation should be removed from the program.
- Supervisors should ensure that the employee's work agreement includes a prohibition to working overtime that has not been approved in advance by the supervisor.
Additionally, if employees request supervisory approval first and the work schedule is appropriate given the nature of the work being performed and the level of interaction with the office that is required, employees can extend their work hours to accrue religious compensatory time. Employees must also fulfill all the requirements for eligibility for religious compensatory time.
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Other Pay Issues
Duty station:
For pay purposes, the "official duty station" is the employee's Federal office, also referred to as the "traditional worksite".
Special salary rates:
The employee's official duty station serves as the basis for determining special salary rates.
Premium pay:
The normal rules apply for night differentials, and Sunday and holiday pay whether work is accomplished at the conventional or alternate worksite. Official work schedules determine the entitlement to premium pay.
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FACILITIES ISSUES
Home office space:
Teleworkers should have a designated workspace or work station for performance of their work-at-home duties. Requirements will vary depending on the nature of the work and the equipment needed to perform the work. At a minimum, an employee should be able to easily communicate by telephone with the supervisor during the work-at-home day.
Each participating employee should review the Safety Checklist, which is included as an attachment to DOJ Telework Agreement form, to ensure that the home is safe according to Federal Occupational Safety and Health standards.
Employees are responsible for ensuring that their homes comply with these health and safety requirements.
Home offices must be clean and free of obstructions.
The home must be in compliance with all building codes and free of hazardous materials.
A supervisor may deny an employee the opportunity to participate or may rescind a telework agreement based on safety problems in the home or suspected hazardous materials in the home. The supervisor may also inspect the home office for compliance with safety requirements when deemed appropriate. Inspections will be by appointment only.
The Department does not pay home utility costs associated with working at home. Potential savings to the employee resulting from reduced commuting, meals, etc., should offset any incidental increase in utility expenses. Exceptions apply only where the personal expense directly benefits the government, e.g., business-related long distance calls on the employee's personal phone.
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GSA-Sponsored Telework Center Workstations:
The component leases a workstation, directly with the Telework center in question, for the employee's use. The employee should visit the Telework center in question, obtain the necessary forms for leasing a workstation and information on the associated costs, and follow component procedures for requesting lease of a Telework center workstation. The Telework Center Director can provide tours of the center, advise employees on the process for obtaining a workstation, and actively assist in doing so. More information on the Telework Centers are available at GSA's Telework Center Site:
http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8195&channelPage=%252Fep%252Fchannel%252FgsaOverview.jsp&channelId=-12950
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Other Department Work Space:
The component establishes an agreement with the DOJ component in question to use available office space and equipment. The process for reaching an agreement varies and it is advisable to talk with the appropriate Administrative or Executive Officer to determine the method for doing so.
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Telecommunications and Equipment:
Public Law 104-52, §620 (31 USC 1348)
"Not withstanding any provisions of this or any other Act, during the fiscal year ending September 30, 1996, and hereafter, any department, division, bureau, or office may use funds appropriate by this or any other Act to install telephone lines, any necessary equipment, and to pay monthly charges, in any private residence or private apartment of an employee who has been authorized to work at home in accordance with guidelines issued by the Office of Personnel Management: Provided, that the head of the department, division, bureau, or office certifies that adequate safeguards against private misuse exist , and that the service is necessary for the direct support of the agency's mission."
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Components must identify tools the employee will need while working at the alternative workplace and ensure that the participating employee has access to the necessary reference sources and other materials.
- Each organization must establish its own policy on purchase and installation of equipment.
- Some organizations may agree to purchase or install equipment, while others, due to budget constraints or other management reasons, may choose not to.
- Organizations may make this decision on a case-by-case basis considering such factors as the nature of the work, availability of existing equipment, etc.
- In some instances, participation in the program may be contingent on equipment costs or the telecommuter supplying their own, compatible equipment, if equipment is needed to perform the job.
Transfer of computers, printers, modems and other data processing equipment from the office to the home residence and back is determined by the organization. Normally, organizations will make it the responsibility of the individual.
Telephones: For official government business only and specific to telework, Federal agencies may use appropriated funds to pay for telephone installation and basic service in private residences.
Organizations may also pay for the use of the employee's personal phone for business related long-distance phone calls. Current GSA regulations (41 CFR, 101-7i) allow for reimbursement of expenses incurred as a result of official duties on SF-1164, including telephone call expenses approved by the Department.
Computers, government-owned equipment, etc.: Government-owned property, including computers and other telecommunications equipment, may be removed from the Department and used by employees in their private residences provided the equipment is used only for official business. The government must retain ownership and control of hardware, software, and data. In these situations, the government is responsible for maintenance, repair, and replacement of such equipment. The employee must notify his/her supervisor immediately following a malfunction of Government-owned equipment. If repairs are extensive, the employee may be asked to report to the main office until equipment is usable.
Note: If government loaned equipment is unsecured and consequently damaged by non-employees (for example, dependents of the employee) employees may be held liable for the repair or replacement of the equipment, software, etc., to the same extent they are presently held to when loaned equipment is damaged due to their negligence.
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COMPUTER SECURITY
All Department work conducted from alternate worksite locations should comply with DOJ Order 2640.2E: Information Technology Security, Networks and Computer Connections and Connecting to Non-Department Entities.
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Supervisors must ensure that the designated workspace or workstation of the employee has adequate physical or environmental security measures in place to protect the equipment from being accessed by unauthorized individuals.
- Only hardware/software equipment procured by the Federal government and authorized by an approving official for the alternate work site should be installed.
- Under no circumstances should employees be allowed to add non-government owned or unauthorized hardware or software, such as bulletin board software, to a government issued homework station.
- Securing the alternate worksite should include having the employee specifically identify the proposed work area and certify in writing the security measures that will be used. (A checklist, similar to the one being used to certify the safety of the work area may be useful for this purpose).
- Examples of measures that may be acceptable, depending upon the information, include denying children access to the work area or securing the work area by locking it when it is not in use.
- Components must ensure adequate property management procedures for their property, whether owned or leased.
- Program officials and/or teleworkers should ensure that anyone servicing the alternative work site equipment is authorized to do so.
Dial-up telecommunication access to government computers presents special security concerns.
- A combination of physical controls, unique user identifiers, passwords, terminal identifiers, access control software, and strict adherence to security procedures is required to protect the information from unauthorized access. This is available through DOJ-supplied software which can be installed on the computer used at the alternate work location.
- Ensure that personal ID's, passwords, access codes, etc., that are assigned are accounted for and maintained properly.
- If your organization is not already using these types of safeguards, and does not know how to ensure computer security from an alternate work site, contact the Security and Emergency Planning Staff and/or the Information Management and Security Staff in the Justice Management Division for guidance.
Be aware that telephones represent security vulnerability because conversations can be easily intercepted. The normal non-secure telephone cannot be used to discuss classified information.
Teleworkers must comply with component security procedures to protect government information stored on magnetic media of workplace computers when the computers are repaired or serviced.
Teleworkers should not rely on software deletion commands such as remove, delete or erase, to fully remove files from the computer.
Even though information may appear to be deleted, there is a possibility that it may be retrieved.
Where the hard disk of a workplace computer is inoperable, arrangements must be made to remove sensitive information from the hard disk prior to having the computer serviced.
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Privacy Act, Sensitive or Classified Data
Classified data may not be removed from employees' official work sites to off-site locations!
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Decisions regarding the proper use and handling of sensitive data, as well as records subject to the Privacy Act, are delegated to individual supervisors who permit employees to work at home. Off-site access to sensitive data may be permitted provided that the security for such access is adequate.
- Care must be taken to ensure that records subject to the Privacy Act and sensitive non-classified data are not disclosed to anyone except to those who are authorized access to such information in order to perform their duties.
- Organizations allowing employees to access records subject to Privacy Act from a remote work site must maintain appropriate administrative, technical, and physical safeguards to ensure the security and confidentiality of the records.
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OTHER ISSUES
Dependent Care:
Generally, telework will not significantly reduce dependent care costs. Young children or a loved one with special needs create too many distractions for the employee working at home. Telework is not intended to serve as a substitute for dependent care. However, telework may reduce dependent care costs by reducing the number of hours of care necessary due to time saved commuting. In some cases, it could eliminate the need for before or after school daycare.
The opportunity to participate in the program is offered only with the understanding that it is the responsibility of the employee to ensure that a proper work environment is maintained (e.g., dependent care arrangements are made so as to not interfere with the work, personal disruptions such as non-business telephone calls and visitors are kept to a minimum, etc.). The employee and his/her family should understand that the home office is just that, a space set-aside for the employee to work. Family responsibilities must not interfere (to the extent they are controllable) with work time at home.
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Labor-management relations:
Federal employee unions have a right to negotiate on programs that affect bargaining unit employees' conditions of employment. This right extends to telework. The Office of Personnel Management has consulted on telework with the national offices of Federal employee unions and the Department has fulfilled consultation requirements with the American Federation of Government Employees (AFGE). Each organization that wishes to participate in the DOJ Telework Program should refer to the terms of their negotiated agreement or coordinate with their Union to negotiate an agreement.
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Training:
Supervisors and employers participating in a DOJ Telework Program are encouraged to undertake training in telework, as experience shows that the most successful telework arrangements include initial training for both supervisors and employees.
DOJ has developed a special Manager's Page specifically designed to assist managers. There is a decision tool kit, a manager's tips section and video clips all designed to help the managers successfully negotiate telework and other work place flexibility programs. This site is found at http://www.usdoj.gov/jmd/ps/wlmanagers.html
There is also a wealth of information designed to assist employees with telework and other worklife issues, start with information on the main page and move on from there: http://www.usdoj.gov/jmd/ps/wlbasics.html
For more information on telework training go to: http://www.usalearning.gov/USALearning/ UAS Learning is the official learning and development site for the US Federal Government. They have developed a training package for employees and managers to assist in making telework a success.
USA Learning For Employees:
USA Learning, The Official Learning and Development Site for the US Federal Government has added a new course to its free catalogue, Telework 101 for Employees: Making Telework Work for You. Telework can give you more control over your schedule, more time for family and community, and freedom from the interruptions of a noisy office. But will it work for you? This course gives you a brief, practical introduction to telework. It offers tools for deciding whether telework is a good fit for you and for the specific job you hold. It teaches you strategies for teleworking efficiently, staying "plugged in" to the office, and managing your interactions with co-workers and customers. If you decide that telework sounds right for you, you'll find a roadmap for developing and marketing a successful telework proposal. Instructions on how to register.
USA Learning For Managers:
USA Learning, The Official Learning and Development Site for the US Federal Government has added a new course to its free catalogue, Telework 101 for Managers: Making Telework Work for You. Telework can help managers attract and retain the best qualified employees, provide them with uninterrupted blocks of time to work on key projects, and give their organization a way of functioning more effectively during crisis situations and other business interruptions. The course introduces managers to basic telework concepts. It walks managers through the process of developing a program, selecting employees for telework, and managing effectively in a telework environment. It helps them structure their telework program in a way that avoids common pitfalls
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Workers' Compensation
Teleworkers are covered by the Federal Tort Claims Act or the Federal Employees Compensation Act (FECA) and qualify for continuation of pay or workers' compensation for on-the-job injury or occupational illness.
- The supervisor's signature on the request for compensation attests only to what the supervisor can reasonably know whether the event occurred at a conventional work site or at an alternative work site (e.g., home) during official duty.
- Under normal circumstances, supervisors are often not present when an employee sustains an injury.
- Employees, in all situations, bear responsibility for informing their immediate supervisor of an injury at the earliest time possible. They must also provide details to the Department of Labor when filing a claim.
- The Federal equivalent of workers' compensation limits recovery by an employee injured while on duty to reasonable amounts. Supervisors must ensure that claims of this type are brought to the attention of the servicing personnel office.
It is also essential for a supervisor to require the employee to designate one area in the home as the official workstation. The government's potential exposure to liability could possibly then be restricted to that one area.
Telework arrangements can help to put injured employees back to work and off the compensation rolls. Organizations may wish to determine which employees currently on the compensation rolls might be able to perform some portion of their work at home. Accommodations of special equipment or restructuring assignments may enable an employee to resume work and terminate worker's compensation.
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APPENDIX A
Pitfalls to Avoid
Many of the common pitfalls and traps that new telecommuter and his/her supervisor may encounter have already been identified. Fortunately, ways to avoid these situations have also been developed. Much of the training for employees and their supervisors addresses how to get started correctly and how to deal with problem situations as they arise. Telework training for managers is available through UAS Learning, go to http://www.usalearning.gov/USALearning/ .
The following are examples of some of the common pitfalls and traps to avoid.
- Managers routinely plan important meetings during scheduled work at home days.
Alternative: Negotiate a telework schedule that is more compatible with office needs or, whenever possible, set up a conference call.
- Co-workers don't know when the teleworker will be in the office. There is a general sense that the teleworker is "never around."
Alternative: Post a schedule when each employee is in the office and when they are out (either teleworking or on approved leave).
- Managers and teleworkers do not have a clear understanding of work expectations.
Alternative: Define work expectations in advance to avoid misunderstanding and periodically review the agreement to ensure its adequacy.
- Co-workers are not able to contact the teleworker (and are sometimes actively discouraged). Clerical staff are unclear on how or when to contact the teleworker. There is a reluctance to call teleworkers at home on their telework days.
Alternative: Provide staff with the teleworker's remote office phone number. Encourage staff to call them on telework days. Supervisors should set an example by calling teleworkers on their home work days and insisting that others continue to transact business with employees at home.
- Teleworkers are reluctant to leave the phone on their telework days, even to use the restroom or take a break, because someone who called might think they are not working.
Alternative: Use an answering machine to take messages during absences. The teleworker should follow-up with caller immediately upon their return.
- Teleworkers run into technical problems with their computers and no one is available to assist them.
Alternative: Establish procedures for call-in trouble shooting.
- Telework is joked about as "goofing off". Telework days are referred to by co-workers as days off.
Alternative: Provide information on the benefits of telework to staff members. Make visible the work products that the teleworker produces while working at home.
- Teleworker feels a sense of isolation and loss of interaction with co-workers.
Alternative: Encourage active communication via email and telephone between telecommuters and in-office staff. Consider use of a telework center or increase the number of days in the primary office.
- Teleworker's home/work boundaries are blurred.
Alternative: Keep the home office separate from the living area by placing it in a separate room as far removed from the living areas as possible. Keep a definite schedule of work time and personal time and adhere to it.
- The organization incurs additional expenses associated with the provision of equipment and services such as telephone charges for computer connections and long-distance call.
Alternative: Weigh additional costs against current and projected organizational needs. Factor in office space savings, potential recruitment savings, savings in training funds, and other "bottom line" savings to the organization.
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