U.S. DEPARTMENT OF AGRICULTURE
WASHINGTON, D.C. 20250
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DEPARTMENTAL REGULATION
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Number: 4080-811-002 |
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SUBJECT: Teleworking Program |
DATE: June 2, 2005 |
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OPI: |
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1 PURPOSE
This regulation sets
forth the authority, policy, and responsibilities for managing
Teleworking Programs
within the Department of Agriculture (USDA).
2
POLICY
a USDA
supports programs that benefit management in the recruitment of potential applicants and retention of
current employees; that reduce the cost of office space, sick leave usage, and
workers compensation; that assist
employees in managing their work and
family responsibilities and that improve
air quality and reduce traffic congestion.
Teleworking can have a positive impact in all these areas.
b Employees,
inclusive of managers and supervisors, who perform duties that are suitable for
teleworking and meet other established eligibility requirements must be afforded the opportunity to
telework.
c Employees
who are approved to telework are to be provided with the necessary government
equipment to adequately perform their tasks at an alternative worksite. The exception is when a waiver has been
requested and approved in accordance with DM-3525-003, Chapter 5, and Part 3.
d Teleworking on a regular and recurring basis
means that the employee teleworks at least one day a week. Teleworking for more
than one day a week may be appropriate for attracting potential applicants,
retaining current employees, and providing reasonable accommodations for
disabled employees, as well as for employees housed in Federal buildings
undergoing renovation projects, emergency situations, and for addressing other
agency or employee needs.
e Teleworking
will be considered for emergency situations that involve national security,
extended emergencies or other unique situations. As a result, employees teleworking on the day of an emergency
agency closure can be required to continue working from their alternative
worksite if the closure occurs on his or her telework day. In addition, teleworkers may be designated
as either “emergency” or “mission
critical” employees. These designations
should be an integral part of an organization’s (mission area/agency/staff
office) Continuity of Operations Planning (COOP) and emergency evacuation
plans.
f Teleworking,
especially hoteling, will be considered as an alternative when planning for any
building renovation in the Washington Metropolitan Area or any other agency
location.
g Excess
personal property (computers, laptops, printers, fax machines) will be
earmarked for telework programs prior to being reported as excess.
3
CANCELLATION
Departmental Regulation 4080-811-02 -
Teleworking Programs dated
August 26, 2002.
4
DEFINITIONS
a Emergency
Teleworker. A teleworker who is
required to continue to work at his or her alternative worksite during all
emergency situations when the agency is closed.
b Emergency Situation. A national security situation, extended emergencies or other
unique situations when the agency is closed.
c Hoteling. Shared office space in an agency location
designed for use on a drop-in basis by teleworkers. Equipped with standard office technology – phones, PCs, faxes,
printers, copiers, e-mail, internet access, etc., employees either reserve
space in advance or drop in to use a cubicle on an as needed basis.
d Mission Critical Teleworker. A teleworker who is expected to remain in contact with his or her
agency at all times during any closure situation and who may be called on to
work at his or her alternative worksite during emergencies dealing with
national security, extended emergencies or other unique situations.
e Official
Duty Station. Consistent with current law, regulations, and Office of
Personnel Management (OPM) guidance, the official duty station is the city or
town, county, and state in which the employee normally works. For most employees, this will be the
location of the employee’s worksite, i.e., the place where the employee
normally works, or at which the employee’s activities are based, as determined
by the supervisor.
For example, an employee’s official duty
station would continue to be the agency office from which he or she teleworks
as long as the employee regularly commutes into the agency office at least once
a week. However, if the employee does
not regularly commute into the agency office, his or her official duty station
will be changed to the alternative worksite from which the employee performs
his or her duties.
There are exceptions for short-term situations. There may be unusual situations in which an
agency should not change an employee’s official duty station even though the
employee rarely commutes to the agency office (e.g., in the case of an employee
who works temporarily from home while recovering from an injury or employees
who are required to work temporarily at alternative worksites in emergency situations).
f 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.”
g Teleworker.
An employee (i.e., permanent, part-time, temporary) who works at an alternative
work location (i.e., home, telecenter, or other satellite work location) either
on a regular and reoccurring schedule for a minimum of one day a pay week or on
a temporary basis in those situations identified under 2d and e with a written
agreement.
h Teleworking. (Also known as
flexiplace, flexible workplace, and telecommuting.) Performance of official duties at an alternative work site (i.e.,
home, telecenter, or other satellite work location).
i 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 (Refer to Appendix A).
5 AUTHORITIES
a Memorandum for the Heads of Executive
Department and Agencies; subject: Expanding
Family-Friendly Work Arrangements in the Executive Branch dated July 11, 1994.
b Public
Law Number 104-52, Treasury, Postal Service, and General Government Appropriations
Act of 1996.
c Public Law Number 106-346, Section 359,
Department of Transportation Appropriations Act of 2001.
d OPM Guide to Processing Personnel Actions,
Chapter 23.
e OPM
Memorandum to Executive Heads of Agencies, subject: Establishing Telecommuting
Policy dated February 9, 2001.
f OPM
Memorandum to Executive Heads of Agencies, subject: Washington, D.C., Area Dismissal or Closure Procedures dated
December 4, 2003.
g DR 3440-002, Control and Protection of
“Sensitive Security Information” dated January 30, 2003.
h DM
3525-003, Chapter 5, Part 3 - Telework and Remote Access Security dated
February 17, 2005.
i DM
3550-002, Chapter 10, Part 2 - Sensitive But Unclassified Information
Protection dated February 17, 2005.
j Federal
Preparedness Circular (FPC) 65 dated July 26, 1999 and FPC 67 dated April 30,
2001.
6 RESPONSIBILITIES
a 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.
b The
Director, Office of Human Capital Management (OHCM) will:
(1) Advise the ASA in planning, developing, and implementing
policies, programs, and systems to manage teleworking programs.
(2)
Provide and interpret USDA policies
and standards for teleworking programs.
c The Quality of Work Life Division Director
will:
(1)
Provide
oversight of teleworking programs.
(2)
Provide agency officials with
technical assistance and consultative
services
for complex teleworking issues.
d The Director,
Office of Operations will:
(1)
Whenever
appropriate, incorporate teleworking and/or hoteling into headquarters complex
renovations project plans as alternatives to reducing the cost of securing
additional space through leasing and/or renting during the temporary renovation
and the cost of moving employees to other locations.
(2)
Encourage the use of teleworking and/or
hoteling in the assignment of office space to mission areas, agencies, and
staff offices.
e The Director,
Office of Procurement and Property Management will:
(1)
Incorporate
teleworking into the headquarters Continuity of Operations Plan (COOP) and
Occupant Emergency Plan (OEP) as
another alternative for relocating employees to continue providing customer
service and carrying out the mission during an emergency situation.
(2)
Ensure mission areas/agencies/staff offices
address teleworking in their internal COOP and OEP.
(3)
Ensure
mission areas/agencies/staff offices earmark surplus computers,
laptops, printers, and fax equipment for telework
arrangements prior to
being identified as surplus.
f The Mission Areas/Agency Heads/Staff Office Directors
will:
(1) Designate a Teleworking Program Coordinator
to manage 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:
(a)
Supervisory
and employee responsibilities and require written agreements documenting
teleworking arrangements (refer to 7a (2)).
(b)
Telework
Agreements, at a minimum, must include ALL of those items outlined in Appendix
A - Telework Agreement.
(c)
Security
controls that must be addressed through the completion of a Telework
Security/IT Checklist identified under 5h above.
(d)
Identify
teleworkers who are designated “emergency employees” and/or “mission critical”
emergency employees and ensure this is identified in the teleworking agreement.
(e) Policy that permits a telework employee to be excused from
duty during an emergency if the emergency adversely affects the telework site
(e.g., disruption of electricity, loss of heat, etc.), and to the extent that
the teleworker cannot continue due to loss of contact with the regular work
site.
(f) Alternative ways to notify eligible employees
that they are eligible to telework on an ongoing basis throughout the fiscal
year, as well as an annual notification.
(3)
Whenever
appropriate, incorporate teleworking and/or hoteling into renovation project
plans as alternatives to reducing the cost of securing additional space through
leasing and/or renting during the temporary renovation and the cost of moving
employees to other locations.
(4)
Ensure
teleworking is identified in COOP and OEP as an alternative to relocating
employees to continue providing customer service and mission responsibilities.
(5)
Ensure
eligible teleworkers and managers are provided Computer Security Awareness
Training prior to implementing a telework agreement.
(6)
Provide
government-furnished equipment to eligible teleworkers who work at an
alternative work site, unless a waiver has been obtained under 5h above.
(7)
Earmark
excess computers, laptops, printers, and fax equipment for telework programs
prior to reporting the personal property as excess.
(8)
Report
the following information annually, on a fiscal year basis to
the Director, OHCM by October 31 of each year:
(a)
Total number
of employees in mission area/agency/staff office.
(b)
Total number
of employees identified as eligible to telework.
(c)
Total number
of eligible employees who applied, and total number
who were approved and disapproved (based on teleworker
definition).
(d)
Total number
of agreements terminated and the reason for termination.
(e)
Summary of
statistical data pertaining to eligible employees
approved and
disapproved with respect to race, sex, national origin, and disability status.
(f) Analysis of the statistical data in (e) to
determine if eligible employees are being treated fairly and equitably in
authorizing telework arrangements and to identify solutions for correcting any
issues.
(g) Percentage
of increases or decreases in teleworkers since the last report.
(h) Plans for increasing the number of
identified eligible teleworkers.
(9)
Maintain documentation for all teleworking
program participants. In accordance with General Record Schedule l, Section 42a,
an employee’s telework agreement must be kept for 1 year after the end of the
employee’s participation in the program.
(10)
Notify labor
organizations, and bargain with bargaining units as appropriate, the establishment of and any changes to telework programs affecting conditions of
employment for bargaining unit employees.
7
PROGRAM
ADMINISTRATION
a Telework Arrangements
(1) Participation
in a telework arrangement is not an employee entitlement.
An employee may participate in the program
only if the responsible
supervisor or designee decides that the
employee’s job duties are suitable
for alternative work sites (e.g., telecenters, home-based, other satellite
offices), and the employee meets other eligibility requirements such as length
of service, performance rating, etc.
(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 contain all the items listed in Appendix A.
(3) A Telework Security/IT Checklist (refer to
5h above) must be used by agency Information Technology staff to establish a
secure working environment regardless of the type of telework arrangement.
(4) A
telework arrangement does not alter the terms and conditions of the
appointment as specified on the employee’s
Notification of Personnel Action, SF-50.
However, an employee’s official duty station may change if he or she
does not regularly commute into the agency office. See definition of official duty station in 4d above. All pay, leave, and travel entitlements must
be based on the employee’s official duty station. The telework arrangement must not affect other conditions of
employment (e.g., hours of work) unless otherwise specified in the telework
agreement. Employees may be approved
both to telework and to work an alternative work schedule.
(5) The telework arrangement may be terminated by either management
or by the employee with a minimum of two weeks advance written notification of
termination of the teleworking relationship, except in emergency
situations. Reasons for termination of
an arrangement may be a decline in performance or productivity, or if the
arrangement no longer benefits the organization’s needs. Mission areas/agencies/staff offices 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. However, this does not
preclude a teleworker from having a caregiver working in the home providing
care to the dependent(s)
while he/she teleworks. Management may request documentation from
the teleworker to substantiate a caregiver is providing on-site or off-site
care during the teleworker’s scheduled work.
(8) Management reserves the right, normally with one day notice, to require employees to
return to the official duty location on scheduled telework days, based
on operational requirements. Exceptions
for a lesser notification may be appropriate in certain unforeseen situations.
b Determining Eligibility:
(1) Positions eligible for telework are those involving tasks (may
be one or more) and work activities that are portable, do not depend on the
employee being at the official duty location worksite, 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: writing, policy development; research; analysis (e.g.,
investigating, program analysis, policy analysis, and financial analysis);
report writing; telephone-intensive tasks (excluding receptionist duties);
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 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
routine access to classified information.
(c) Are
part of trainee or entry-level positions.
(4) An
employee suitable for telework is that employee who has demonstrated personal
characteristics that 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.
(c) The ability to prioritize work effectively
and utilize good time management skills.
(d) A proven or expected minimum performance
rating of “fully successful” or equivalent.
Management officials may make
exceptions to the minimum on a case-by-case basis as appropriate.
(5)
Mission
areas/agencies/staff offices may establish their own internal policies on
probationary status employees being allowed to telework. Typically,
probationary status employees, excluding supervisors, would not be eligible for
telework because probationary status periods are established to allow
supervisors an opportunity to personally observe and evaluate employee
performance.
8
INQUIRIES
Direct all inquiries to the Office of
Human Capital Management, the Quality of Work Life Division Director, Room 3021
South Building, Washington, D.C. 20250, telephone number (202) 720-8248.
-END-
APPENDIX A
The following constitutes the terms and conditions of the Telework Agreement between:
Employee:
MISSION
AREA/AGENCY/STAFF OFFICE:
________________________________________________________________________
TYPE OF TELEWORK: ___
CORE (Must complete
Telework schedule below)
___ SITUATIONAL
DESIGNATION UNDER ___ Emergency
___ Mission Critical
TEMPORARY OR
EMERGENCY
SITUATION
in accordance with the following schedule:
DAY |
PER WEEK |
PER PAY PERIOD |
WORK SCHEDULE Fixed or Alternative |
WORK SCHEDULE FWS or CWS |
DUTY HOURS (specify hours
of work and lunch break) |
MON |
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Lunch: |
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TUES |
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Lunch: |
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WED |
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Lunch: |
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THURS |
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Lunch: |
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FRI |
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Lunch: |
The employee’s alternative worksite is:
___Home
Address: _______________________________________________________________
Location of home office work area: ___________________________________________
Phone: ______________________________
Fax: ______________________________
E-mail: ______________________________
___GSA
Telecenter
Address: _______________________________________________________________
Phone: ______________________________
Fax: ______________________________
E-mail: ______________________________
___Other
approved alternative worksite
Address: _______________________________________________________________
Phone: ______________________________
Fax: ______________________________
E-mail: ______________________________
TRIAL PERIOD (Optional)
Employee and agency agree to try out the teleworking arrangement for at least (specify number) months unless unforeseeable difficulties require earlier cancellation.
An employee who teleworks must be available to work at the traditional worksite on their telework day(s), normally with a one-day notice, when management makes a determination their presence is required. The teleworker may request to telework on an alternate day when they are required to report to the traditional worksite on a regular scheduled telework day.
While teleworking, and then required to return to the official duty station, the teleworker must report within a reasonable amount of time. Items to take into consideration are traveling distance, mode of transportation, etc. Teleworkers and management must discuss these items as in some cases there may not be sufficient time for the teleworker to report to the traditional worksite.