Sample Telework Policy and Agreement

Sample Telework Policy and Agreement
Metropolitan Washington Council of Governments
"Personnel Policies and Practices Manual" (May 1997)

H. Telecommuting

1. Purpose

Telecommuting, the practice of working at home or another work site instead of physically traveling to COG offices, is a work alternative that COG offers to some employees when it would benefit both COG and the employee.

Telecommuting, properly administered, may serve to reduce absenteeism, improve staff recruitment and retention, and provide employees with greater flexibility in meeting their job and family needs. In addition, telecommuting is supported by the U.S. Environmental Protection Agency through the Clean Air Act Amendments of 1990 as a measure that can help ozone non-attainment areas achieve the National Ambient Air Quality Standard. Instead of driving a vehicle to work or to a transit facility, a telecommuter would stay home, which would directly result in a reduction of vehicle miles traveled (VMT). This reduced VMT would provide direct air quality, transportation and energy conservation benefits.

Telecommuting is not a formal employee benefit, but an alternate approach to fulfilling COG's work program requirements. The opportunity to telecommute must be approved by both the employee and the employee's supervisor. Supervisors will work closely with telecommuting employees to ensure that this alternative work arrangement benefits both COG and the employee. However, the supervisor is ultimately responsible for any decision to continue or discontinue telecommuting by the employee, following appropriate notification of the telecommuting employee.

Employees are not required to telecommute. Employees have the right to refuse to telecommute if the option is made available to them. Employees who do choose to telecommute have the right to cease telecommuting and return to their former in-office work pattern at any time.

The employee's compensation, benefits, work status, and work responsibilities will not change due to participation in the telecommuting program.

Not all jobs are suited for telecommuting. To assess whether telecommuting would fit the job, supervisors and employees should address the following issues:

Does the position have clearly defined tasks?

Can results and productivity be effectively measured with limited supervisory observation?

Can work products and tasks be completed without undue hardship on COG, its members and employees?

Does technology currently available at COG permit telecommuting as an option?

2. Eligibility

Employees who have completed their introductory review period are eligible to telecommute. The decision to allow an eligible employee to telecommute will be made by the employee's supervisor. Supervisors may wish to take into account the employee's current areas of responsibility, need for and nature of interaction with other staff and external clients, and appropriate measures of performance. Eligibility and suitability of employees to participate in telecommuting will vary among departments, offices and sections or units, depending on the function and program responsibilities of the employee.

3. Telecommuting Schedule/Hours

A regular telecommuting schedule, including specific days and hours must be established and approved by the supervisor. The amount of time the employee is expected to work per day or per pay period will not change due to participation in the telecommuting program.

A telecommuting employee will be required to establish a work schedule for those days in which the employee will be working at their off-site work space. Telecommuting employees will be required to work the core hours of 10:00 a.m. to 3:30 p.m., in addition to hours outside the core hours required to meet the eight (8) hours required for all COG employees.

The supervisor retains the right to require a telecommuting employee to return to COG's office on a regularly scheduled telecommuting day, should the work situation warrant such an action. This situation is expected to be only an occasional occurrence. If an employee is frequently required to return to COG offices during regularly scheduled telecommuting days, the supervisor may re-evaluate the compatibility of the employee's position and job responsibilities with telecommuting.

If a telecommuting employee is sick while working at home, the employee will report hours worked and use sick leave for hours not worked.

Telecommuting employees are required to submit bi-weekly time sheet records in accordance with COG's current schedule. Telecommuting employees may fax their time sheet to COG for approval and signature by their supervisor. However, it is the employee's responsibility to submit time sheets in a timely manner.

4. Work Space

The employee's off-site work space will be considered an extension of the COG work space. Before participating in the telecommuting program, employees must provide a written description of the intended work space on the Telecommuting Application/Agreement (the agreement). The employee's off-site work space should provide adequate work area (e.g. table or desk), light, telephone service, power and temperature control. Additional requirements may vary, depending on the nature of the work and the equipment needed to perform the work.

As part of the ongoing monitoring process of the telecommuting program, supervisors will be allowed to inspect the off-site work space, after giving employees one (1) working day notice.

COG will not pay for any increase in the employee's home utility costs. Telecommuting employee's may be reimbursed for long- distance telephone calls made from the employee's personal telephone, provided appropriate documentation is submitted for reimbursement.

The employee agrees to maintain safe conditions in the off-site work space and to practice the same safety habits in the designated off-site work space as in his/her office on COG's premises.

Homeowner's insurance and any changes in rates or coverage are the responsibility of the employee and not COG.

5. Off-Site Work Space Environment

Employees may use COG-owned equipment at their off-site work space, with the prior approval of their supervisor, provided the equipment will be used for COG work only and its use by an employee at his/her off-site work space will not impede the work of employees working at COG facilities.

Office equipment needed to participate in telecommuting may vary by employee and task. COG will not purchase or reimburse a telecommuting employee for equipment necessary to function in a telecommuting work environment. Employees may use their own equipment (e.g. personal computer, modem, answering machine, fax machine, photocopier, etc.) provided no cost is incurred by COG. Repair and maintenance of employee-owned equipment is the responsibility of the employee.

Although the use of a personal computer is not necessary to be eligible to or successfully telecommute, many work activities may be more efficiently and easily accomplished using such equipment. Employees using their own personal computer equipment will be required to inventory their hardware and software on the Telecommuting Application and be notified by Computer Services staff regarding such issues as data file integrity and protection against computer virus transmission.

Employees participating in the telecommuting program may wish to consult their attorney, tax advisor or accountant regarding any legal or tax implications attendant to working at their home or alternative site.

6. Employee Access and Availability

Telecommuting employees must be available by telephone during scheduled hours, with the exception of the lunch period allowed under COG personnel policies. COG employees participating in the telecommuting program are required to have a telephone answering machine or service and call-waiting service to ensure unimpeded availability.

Telecommuting employees are required to modify their COG voice mail announcement to indicate that they may be reached at an alternate number or that the employee will be regularly checking for messages. Employees are required to check for messages at least once every two (2) hours.

7. Liability

COG will continue to be liable for job-related accidents that occur in the employee's off-site work space during the employee's working hours. COG will not be liable for injury to others in the employee's home during working hours.

The employee's off-site working hours will conform to a schedule agreed upon by the employee and his/her supervisor. If such a schedule has not been agreed upon, the employee's working hours will be assumed to be the same as it was before the employee began telecommuting.

In the case of an injury while working at the off-site work space, the employee will immediately (as circumstances permit) report the injury to his/her supervisor or the Office of Personnel Services to get instructions for obtaining medical treatment.

8. Application Process

Employees wishing to telecommute are required to submit their request on the Telecommuting Application/Agreement (see page 8-11). This includes employees who have obtained approval to telecommute only for a temporary period of time, such as while on family leave. The employee will provide information concerning current responsibilities, proposed telecommuting schedule, types of work tasks and activities to be performed at the off-site work space, and description of the off-site work space and appropriate equipment, including any personal computer hardware and software on this form.

The agreement must be signed by both the telecommuting employee and his/her supervisor. The agreement will specify the terms and conditions, as outlined in this policy, and will be subject to review and renewal no less than annually, in conjunction with July performance appraisal. The agreement will become part of the employee's personnel record.

9. Manager/Employee Orientation and Training

Employees and their managers who wish to participate in COG's telecommuting program will be required to meet with the Office of Personnel Services for guidance and to review this policy. Periodic training sessions will be conducted for interested staff by the Office of Personnel Services.

10. Telecommuting in Conjunction with Ozone Action Days

Additional employees may be able to telecommute instead of coming to the office on Ozone Action Days with the prior approval of their supervisor and office/department head. Employees who wish to telecommute on Ozone Action Days should review their summer work plans and complete the Telecommuting Application/Agreement for the necessary approvals prior to the start of the summer season. Employees who have regular telecommute schedules may want to propose an additional opportunity for telecommuting on unscheduled Ozone Action Days.

After receiving approval to telecommute during the ozone season, employees are to confirm specific plans to telecommute with their supervisor by 4:00 p.m. of the afternoon before an Ozone Action Day is forecast (Ozone Action Day forecasts will be broadcast to COG staff by cc:mail at approximately 3:00 p.m., or employees can call the air quality hotline at ext. 3299).

11. Coordination with Family Leave Policy

COG has established a family leave policy that provides employees an unpaid leave of absence for the care of and bonding with newborn or newly adopted children or to care for a seriously ill family member for a limited period of time. This remains the focus of the family leave policy and the proposed work at home option should in no way impede employees' ability to meet their family leave obligations.

The option of telecommuting for employees on family leave is solely at the request of the employee and the permission of the supervisor. COG can not require an employee on family leave to telecommute. Employees on family leave will not be able to telecommute prior to the fifth week of their family leave. This will allow the employee to best gauge their ability to meet their family obligations while taking on additional work assignments. For employees that have given birth, telecommuting may only begin after a physician has certified that they are no longer disabled.

This is a special provision of the telecommuting policy designed to, whenever possible, meet the temporary needs of the employee without undue disruption to COG's work program. Supervisors who approve telecommuting for an employee on family leave are not required to allow that employee to telecommute once they have returned to work full-time.

Employees on family leave will be required to complete a telecommuting application/agreement (see page 8-8, #8, Application Process). Time sheets will be completed and submitted in accordance with current COG policy.

COG TELECOMMUTING APPLICATION/AGREEMENT

Name:

Department:

Title:

Grade:

Telecommuting, or working from another location, such as home or an office close to home, is an arrangement that COG may choose to make available to some employees when a mutually beneficial situation exists.

You are required to refer to the Telecommuting Policy (Chapter 8, Section H in the COG Personnel Policy and Practices Manual) and familiarize yourself with the terms of this policy prior to entering into this agreement.

Outlined below are the conditions for telecommuting agreed upon by the participating employee and his/her supervisor:

1. The employee agrees to work at the following location (include address and telephone number):

2. The employee will telecommute ________ days per week. Please provide a complete work schedule (days/hours in and out of the office):

Special schedule requirements:

3. Please attach a list of assignments or duties to be completed by the employee at the alternate location with expected delivery dates where applicable.

4. The following equipment will be used by the employee in the remote work location (e.g., PC, printer):

5. The employee agrees to check his/her voice mail to obtain messages at least once every two hours.

6. The employee agrees to obtain all office supplies needed for the alternate location from COG; expenses for office supplies regularly available at COG will not normally be reimbursed.

7. Additional conditions agreed upon by the telecommuter and the supervisor are as follows please consider the impact of telecommuting on your overall duties and programs):

** CERTIFICATIONS **

I have reviewed the above material with _____________________ prior to his/her participation in COG's telecommuting project.

Date:

Supervisor's Signature:

I understand that this telecommuting agreement is not an employment contract and may not be construed as such. I certify that I have read, understand and agree to comply with the terms of COG's general Telecommuting Policy document and the specific terms of this Agreement.

Date:

Employee's Signature:

Posted August 22, 1997