RD Instruction 2045-A

Table of Contents

PART 2045 - GENERAL

Subpart A - Telecommuting (Flexiplace/Telework)

## [TABLE OF CONTENTS]{.underline}

[Sec]{.underline}. [Page]{.underline}

2045.1 Purpose. 1

2045.2 Definitions. 1

2045.3 Participation. 2

2045.4 Hours of duty. 3

2045.5 Overtime. 4

2045.6 Workers compensation. 4

2045.7 Equipment and supplies. 4

2045.8 Operating costs. 5

2045.9 Home inspections. 5

2045.10 Responsibilities. 6

\(a\) Supervisors. 6

\(b\) Employees. 8

\(c\) Human Resources. 8

2045.11 Position description and performance standards. 9

2045.12 Liability. 9

2045.13 Dependent care. 10

2045.14 References. 10

Exhibit A -- Questions and Answers

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RD Instruction 2045-A

PART 2045 - GENERAL

Subpart A - Telecommuting (Flexiplace/Telework)

§ 2045.1 [Purpose]{.underline}.

\(a\) To establish flexible workplace arrangements that are driven by
efforts to improve the quality of work life, employee productivity, the
balance of work and personal/family life, the environment, energy
utilization, and other social and economic conditions. The telecommuting
movement is facilitated by innovations in human resources management,
changes in the nature of work, and new technology. Many current workers
can perform their work from their home or community-based telecenter
(satellite worksite). This policy is for Rural Development employees.

\(b\) This policy is for non-bargaining unit employees. Before
implementing or applying this policy to bargaining unit employees,
negotiations with the appropriate union local must be completed.

§ 2045.2 [Definitions]{.underline}.

[Agency]{.underline}. Rural Development (RD) Mission Area agencies
(Rural Business-Cooperative Service, Rural Housing Service, and Rural
Utilities Service) as well as the Office of Community Development and
Operations and Management.

[Telecommuting]{.underline}. Also known as flexiplace or telework,
refers to paid employment performed away from the office, either at home
or a telecenter (satellite worksite), for an agreed-upon portion of the
workweek.

\(1\) Home-based telecommuting -- Employees spend part of their time
performing tasks from home.

\(2\) Telecommuting centers -- Alternative worksites in facilities
generally shared by two or more agencies that provide space for
employees to work nearer their homes instead of in their main office.

DISTRIBUTION: WSAL General

Personnel

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RD Instruction 2045-A

§ 2045.2 (Con.)

[Official duty station]{.underline}. The official duty station for an
employee who is telecommuting is the location of the office to which
he/she is assigned. Entitlement to locality-based comparability payment,
special salary rates, travel allowances, and relocation expenses is
based on the official duty station.

§ 2045.3 [Participation]{.underline}.

\(a\) Employees may request to participate in this program by completing
Form RD 2045-6, \"Telecommuting Application\". If the application is
approved, the following forms must be completed: Form RD 2045-7,
\"Telecommuting Employee/Supervisor Agreement\", Form RD-2045-8,
\"Self-Certification Safety Checklist for Home-Based Telecommuters,\"
and Form RD 2045-9, \"Supervisory-Employee Checkout List.\"

\(b\) Participation in the program requires an approved, written
agreement signed by the employee and first and second level supervisors.

\(c\) Employees participating in the program on an infrequent basis also
must have a Form RD 2045-7 signed by both the employee and first and
second level supervisors. Subsequent approval for infrequent use may be
verbal. However, each infrequent telecommuting occurrence should be
documented on the supervisor\'s calendar.

\(d\) Telecommuting may be on a long term recurring basis (over 6
months), short-term recurring basis (6 months or less), or on an
infrequent basis.

\(e\) Telecommuting is a management option, not an automatic right of
the employee. The Agency may modify or terminate any flexiplace
arrangement based on Agency needs, taking into account such factors as
the success of the arrangement in achieving Agency objectives, and
changes in budget, staffing, and workload demands. The Agency will
continually, and at least quarterly, review telecommuting arrangements
to determine whether they should be modified or terminated.
Telecommuting agreements may be suspended until the repair of
malfunctioning equipment such as computers or fax machines.

\(f\) An employee's involvement in the telecommuting program is
voluntary and may be discontinued by the employee or the supervisor at
any time with appropriate notice (normally 2 weeks). Management may
remove an employee from the program if performance declines, the
employee violates the terms of Form RD 2045-7, or the program no longer
benefits the organization's needs, without advance notice.

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RD Instruction 2045-A

§ 2045.3 (Con.)

\(g\) Re-certification of telecommuting agreements will be done on an
annual basis. Supervisors will review and discuss re-certification
criteria with employees. For those agreements to be re-certified,
supervisors will submit Form RD 2045-10, \"Telecommuting Annual
Re-Certification\", to the Servicing Personnel Office (SPO).

§ 2045.4 [Hours of duty]{.underline}.

\(a\) Rules on hours of duty apply to telecommuting employees. Alternate
schedules may be approved for telecommuting employees.

\(b\) Credit hours normally may not be earned while telecommuting.
However, in unique situations the supervisor may concur in the
employee's request to accrue credit hours within the Flexible Work
Schedule (6:00 AM to 6:00 PM).

\(c\) The number of days each pay period an employees works offsite is
determined in consultation with the supervisor. In addition to regularly
scheduled onsite days, employees are responsible for attending
occasional meetings or other onsite events; adequate notice of such
events will be given to employees who are not scheduled to be in the
office on those days.

\(d\) Supervisors must record time and attendance to ensure that
telecommuting employees are paid only for work performed and that
absences from scheduled tours of duty are properly recorded. The General
Accounting Office (GAO) requires agencies with employees working at
remote sites to provide reasonable assurance that the employees are
working when scheduled, for example when determining the reasonableness
of the work output for the time spent or by having the supervisor make
occasional telephone calls or unannounced visits during the employee's
scheduled work time.

\(e\) In cases of early dismissals or closures that are weather related,
employees on valid telecommuting agreements who work from home are
designated as \"emergency\". For example, on a snow closing day, the
Agency should not excuse a telecommuting employee unless she/he cannot
perform work because the official duty station is closed. In other
circumstances, certain employees will be designated as \"emergency\"
depending upon the nature of the emergency (e.g. natural disasters,
national security, and logistical problems, etc.) Managers should refer
to the \"Continuity of Operations Plan\" or the \"Occupant Emergency
Plan\" if further guidance is needed. When both the official duty
station and

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RD Instruction 2045-A

§ 2045.4 (Con.)

the alternate work site are effected by a widespread emergency, the
Agency should grant the telecommuting employee excused absence as
appropriate. When an emergency affects only the alternate worksite for a
major portion of the workday, the Agency can require the telecommuting
employee to report to the official duty station, approve annual leave or
approve leave without pay.

§ 2045.5 [Overtime]{.underline}.

\(a\) The existing rules on overtime under Title 5, United States Code,
and the Fair Labor Standards Act apply to telecommuting employees.

\(b\) Employees should work overtime only with advance supervisory
approval. Telecommuting privileges may be canceled for employees who
work unapproved overtime.

§ 2045.6 [Workers compensation]{.underline}.

\(a\) Telecommuting employees qualify, under the Federal Employees
Compensation Act (FECA), for continuation of pay (COP) of workers'
compensation for legitimate on-the-job injury or occupational illness.
Telecommuting employees are responsible for reporting such injury to his
or her supervisor immediately.

\(b\) When an employment related accident is sustained by an employee
outside the premises of the official duty station, the supervisor must
investigate all reports as soon as practicable after being notified of
the injury.

§ 2045.7 [Equipment and supplies]{.underline}.

\(a\) Government-owned property; including computers and other
telecommuting equipment may be provided and used by employees
participating in the telecommuting program. Some offices may have or
agree to acquire equipment, while others, due to budgetary constraint
may not. Excess Government property should be used in lieu of new
acquisition whenever possible and suitable. The cost of any

Government-owned equipment for the purpose of telecommuting must be
borne by the employing office.

\(b\) Government-owned equipment is to be used only for official
business. The Government is responsible for the maintenance, repair and
replacement of Government-owned equipment.

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RD Instruction 2045-A

§ 2045.7 (Con.)

\(c\) For employees using Government-owned computers, the IT Staff will
be responsible for transporting and installing the equipment. The IT
staff will be responsible for service and repair of Government
computers. Employees must notify their supervisor immediately following
a malfunction of Government-owned equipment.

\(d\) Employees wishing to use their own computers may do so, however,
they must contact the IT Staff to ensure that their computer has the
appropriate software to ensure security of Government information.
Employees using their own equipment are financially responsible for any
installation cost, upgrade, maintenance/repair, damage or theft that may
occur.

\(e\) Supplies will be provided through established office procedures.
Employees are responsible for transporting necessary supplies from the
office to the alternate worksite. Normally, equipment such as desks,
chairs, and file cabinets will not be provided to employees who are
telecommuting.

§ 2045.8 [Operating costs]{.underline}.

The Agency will not be responsible for operating costs, home
maintenance, or any other incidental cost, except the Agency will pay
the cost of additional telecommunication expenses incurred on behalf of
the Government. The Agency may provide employees with Government
telephone credit cards. The Agency may pay for the installation and
applicable charges associated with the use of a designated telephone
line in a private residence. (Public Law 104-52). Utilization of this
Government telephone line must be for official business only. The Agency
will pay for business related long-distance telephone calls over the
employee's personal telephone in accordance with GSA regulations.

§ 2045.9 [Home inspections]{.underline}.

The telecommuting employee's worksite must meet acceptable standards for
the safety of the employee and the security of data and any
Government-loaned equipment. Form RD 2045-8 or onsite inspection
(normally within 24 hours notice) may be used to meet this requirement.

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RD Instruction 2045-A

§ 2045.10 [Responsibilities]{.underline}.

\(a\) [Supervisors]{.underline}.

\(1\) The following criteria must be considered in evaluating a position
for telecommuting:

\(i\) Benefit to the Agency exceeds the cost of telecommuting, i.e.,
computer equipment, modem, phone lines, etc.;

\(ii\) Availability of financial resources and information technology
equipment;

\(iii\) Office staff is not adversely affected (work assignments and
responsibilities are evenly distributed);

\(iv\) Office coverage is not adversely affected;

\(v\) Service to internal and external customers is not adversely
affected;

\(vi\) Work activities are portable and can be performed as effectively
outside the office;

\(vii\) Job tasks are easily quantifiable or primarily project oriented;

\(viii\) An essential component of job responsibility consists of
reading and/or processing tasks;

\(ix\) The technology needed to perform the job off-site is currently
available;

\(x\) Cyclical work does not present a problem;

\(xi\) Security and confidentiality of data can be adequately assured.

\(2\) The following criteria must be considered in evaluating employees
for telecommuting:

\(i\) The employee has demonstrated motivation, independence, and
dependability;

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RD Instruction 2045-A

§ 2045.10(a)(2) (Con.)

\(ii\) Employee has not been officially disciplined (official letter of
reprimand to removal) in the last 2 years (the supervisor should check
with their servicing Human Resources staff for this information);

\(iii\) The employee can deal with less frequent face-to-face contact
with others;

\(iv\) The employee has good time management skills;

\(v\) The employee's overall performance for the last 3 years has been
fully successful, results achieved, or higher;

\(vi\) The employee has clearly defined performance standards;

\(vii\) The employee has satisfied adequate home workstation
requirements, including provisions for protecting the confidentiality of
data.

\(3\) Determine need and availability of equipment (Government or
employee owned).

\(4\) The second level supervisor has the authority to
approve/disapprove telecommuting requests, after discussion with
employee, that are of a short/long term recurring basis.

\(5\) Supervisors must establish a method for monitoring an employee\'s
work assignments and establish reporting requirements to facilitate
contact for the employee to receive or turn in assignments.

\(6\) Supervisors will continue to certify time and attendance for
telecommuting employees. Supervisors must also provide reasonable
assurance that employees are working when scheduled by using the
following techniques:

\(i\) Occasional supervisory telephone calls to an employee during times
the employee is scheduled to be on duty;

\(ii\) Occasional unannounced visits by the supervisor to the
alternative worksite; or

\(iii\) Determining reasonable work output for the time spent.

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RD Instruction 2045-A

§ 2045.10(a) (Con.)

\(7\) Supervisors must ensure there is a signed Form RD 2045-7 prior to
an employee telecommuting. Copies of all approved agreements must be
provided to the SPO.

\(8\) Supervisors must maintain records of requests for telecommuting
that are denied.

\(9\) Supervisors must review the request and respond in writing within
30 calendar days of the receipt of a written request and completed
agreement.

\(b\) [Employees]{.underline}.

\(1\) Employees are responsible for signing and adhering to the terms
and conditions of Form RD 2045-7.

\(2\) Employees must maintain or improve productivity and customer
service.

\(3\) Employees must follow established procedures for requesting and
obtaining leave and accurately record time and attendance.

\(4\) Employees are responsible for ensuring the safety and adequacy of
the telecommuting site and be in compliance with applicable building and
safety codes and local permits. This includes but is not limited to,
ensuring that the electrical system and safeguards are adequate to
protect Agency computers, printers, and other equipment.

\(5\) It is the employee's responsibility to determine and comply with
any local zoning restrictions. The employee is responsible for any costs
of working at home that arise from local zoning requirements.

\(c\) [Human Resources]{.underline}.

\(1\) The SPO provides advice on the provisions of the Telecommuting
(Flexiplace/Telework) program.

\(2\) The SPO maintains a database of all participants and official
records on each telecommuter. This record will include a copy of the
Form RD 2045-6, Form RD 2045-7, Form RD 2045-10, and any information
relating to denials and/or terminations.

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RD Instruction 2045-A

§ 2045.10(c) (Con.)

\(3\) The Telecommuting Coordinator (National Office) conducts an annual
review and assessment of the program to ensure compliance with
applicable Federal and Departmental Regulations and guidelines. The
Telecommuting Coordinator submits a telecommuting program report to the
Director, Office of Human Resources Management by October 31 of each
year. The Telecommuting Coordinator may also request information from
the SPO\'s on an ad hoc basis.

§ 2045.11 [Position description and performance standards]{.underline}.

Evaluations of job performance for telecommuters should be based on
existing or modified standards and expectations. In order to evaluate
job performance as well as to certify time and attendance for
telecommuters, supervisors should establish clearly defined work
assignments and expectations. Work performance should be evaluated
according to:

\(a\) Existing quantity and quality expectations, such as a specified
number of claims processed without errors during a specified period;

\(b\) Existing expectations monitored through periodic progress reports
by the telecommuter; for example, reporting progress on specified steps
of an on-going project (a major audit, investigation, research project,
job analysis, etc.) in which a reasonable time frame, based on past
experience, has been established for each step. This applies to work for
which performance and progress can be evaluated by a supervisor who has
the experience and knowledge to certify and evaluate timeliness,
quality, and quantity aspects of work reported by the telecommuter; and

\(c\) Other appropriate measures, such as timely completion of high
quality products.

§ 2045.12 [Liability]{.underline}.

\(a\) The employee is responsible for obtaining necessary insurance
coverage, business use permits and/or variances from local
municipalities, homeowners' associations, etc.

\(b\) The employee understands that the Government will not be liable
for damages to personal property such as house, carpet, furniture, or
automobile while the employee is working at the approved alternate
worksite.

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RD Instruction 2045-A

§ 2045.12 (Con.)

\(c\) The employee understands that he/she will be held liable for any
occupant within the household, regardless of age, for unauthorized
access to Government-owned equipment or information.

\(d\) The employee will safeguard and protect Government/Agency records
from unauthorized disclosure or damage and will comply with the Privacy
Act of 1974, Title 5 U.S.C., section 552a.

§ 2045.13 [Dependent care]{.underline}.

The employee understands telecommuting is not a substitute for family
care. The employee must certify that he/she is not and will not provide
child and/or elder care during the work hours unless an in-home care
provider is present. Older children (typically 11 years old and up) who
can tend themselves and other adults may be in the home during duty
hours. If at anytime an employee is tending to a dependent and therefore
not performing official duties, the employee must charge leave as
appropriate.

§ 2045.14 [References]{.underline}.

\(a\) Office of Personnel Management website
http://www.opm.gov/wrkfam/telecomm/telecomm.htm

\(b\) \"U. S. Department of Agriculture Family-Friendly Workplace
Guide\" available at http://www.usda.gov/da/shmd/guide.html

Attachment: Exhibit A

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RD Instruction 2045-A

Exhibit A

Page 1

+----------------------------+-----------------------------------------+
| #### QUESTIONS AND ANSWERS |                                         |
+----------------------------+-----------------------------------------+
| ##### QUESTIONS            | ##### ANSWERS                           |
+----------------------------+-----------------------------------------+
| 1\. Does management        | Yes. Management benefits by improved    |
| benefit from offering      | productivity and morale; improved       |
| telecommuting?             | recruiting (including persons with      |
|                            | disabilities) and retention of skilled  |
|                            | employees; accommodation of workload    |
|                            | peaks, reduction in absenteeism,        |
|                            | continued operations in emergencies     |
|                            | (e.g., snow days).                      |
|                            |                                         |
|                            | Allows management to accommodate        |
|                            | employees with short or long-term       |
|                            | health problems or family               |
|                            | responsibilities associated with elder  |
|                            | care and latchkey children.             |
+----------------------------+-----------------------------------------+
| 2\. Can the supervisor     | Yes. Generally, telecommuting           |
| monitor work performance   | performance should be monitored in the  |
| when the employee is not   | same way official duty station          |
| physically present?        | performance is monitored. Optimally,    |
|                            | performance should be monitored on a    |
|                            | results-oriented basis. The manager     |
|                            | will have to carefully plan and         |
|                            | identify the nature and objective of    |
|                            | the task, perhaps by establishing       |
|                            | deadlines or arranging for progress     |
|                            | reports and meetings. Most studies of   |
|                            | telecommuters have reported that        |
|                            | telecommuting job performance equals or |
|                            | exceeds pre-telecommuting performance.  |
|                            |                                         |
|                            | Managers can measure what the employee  |
|                            | produces by examining the product or    |
|                            | results of the employee's efforts. It   |
|                            | is also helpful to use project          |
|                            | schedules, key milestones, regular      |
|                            | status reports, and team reviews.       |
|                            | Supervisors may call or make            |
|                            | unannounced visits to employees who are |
|                            | working at home.                        |
+----------------------------+-----------------------------------------+
| 3\. Can a supervisor       | Yes. Only in limited situations where   |
| participate in the         | the supervisory function is not         |
| Telecommuting program?     | negatively impacted.                    |
+----------------------------+-----------------------------------------+

(08-18-04) PN 378

RD Instruction 2045-A

Exhibit A

Page 2

+----------------------------+-----------------------------------------+
| #### QUESTIONS AND ANSWERS |                                         |
+----------------------------+-----------------------------------------+
| 4\. Should a specific      | Yes. All work schedules are             |
| schedule be set for work   | discretionary and require management    |
| at the alternative         | approval. A preset schedule of          |
| worksite?                  | telecommuting work hours should be      |
|                            | established prior to the employee       |
|                            | working at the alternative worksite.    |
|                            | Temporary telecommuting assignments or  |
|                            | changes in work schedules may be made   |
|                            | at management's discretion to meet work |
|                            | needs or to accommodate the employee.   |
+----------------------------+-----------------------------------------+
| 5\. Is there an impact on  | Yes. Certain guidelines must be         |
| the office when some       | established to minimize adverse impact  |
| employees are working at   | on other staff members before employees |
| the alternative worksites? | begin to work at alternative worksites. |
|                            | The overall interests of the office     |
|                            | must take precedence over working at    |
|                            | alternative sites. A supervisor may     |
|                            | require an employee to work at the      |
|                            | official duty station on a day          |
|                            | scheduled for an alternative worksite   |
|                            | if the needs of the office so require.  |
|                            | Telecommuting should not put a burden   |
|                            | on staff remaining in the office. An    |
|                            | equitable distribution of workload      |
|                            | should be maintained, and methods       |
|                            | should be instituted to ensure that     |
|                            | employees working at the official duty  |
|                            | station are not saddled with a          |
|                            | telecommuters' responsibilities.        |
+----------------------------+-----------------------------------------+
| 6\. Are there restrictions | Yes. Government-owned equipment can be  |
| on the use of the          | used for official purposes only.        |
| Government-owned           | Telecommuters must adhere to all rules, |
| equipment, software or     | regulations, and procedures relating to |
| information at an          | security and confidentiality of         |
| alternative worksite?      | work-related information and data.      |
|                            | Agencies allowing employees to access   |
|                            | records subject to the Privacy Act from |
|                            | an alternative worksite must maintain   |
|                            | appropriate administrative, technical   |
|                            | and physical safeguards to ensure the   |
|                            | security and confidentiality of the     |
|                            | records. The Agency should revise       |
|                            | appropriate records to indicate that    |
|                            | the alternative worksite is authorized  |
|                            | for the use and maintenance of          |
|                            | classified or confidential information  |
|                            | and data.                               |
+----------------------------+-----------------------------------------+

RD Instruction 2045 A

Exhibit A

Page 3

+----------------------------+-----------------------------------------+
| #### QUESTIONS AND ANSWERS |                                         |
+----------------------------+-----------------------------------------+
| 7\. Suppose an employee    | Yes. Just as when working at the        |
| (covered by FLSA) works    | regular duty location, employees must   |
| overtime at the            | have prior authorization to work        |
| alternative worksite but   | overtime. The first time, the           |
| that overtime was not      | supervisor should warn the employee in  |
| authorized. Should a       | writing that she/he may not work        |
| supervisor take action to  | unauthorized overtime, and will not be  |
| prevent this from          | paid for the hours worked. If there is  |
| happening?                 | a second time, the employee's           |
|                            | participation in the program should be  |
|                            | terminated.                             |
+----------------------------+-----------------------------------------+
| 8\. Suppose a              | No, unless she/he cannot perform work   |
| telecommuting employee is  | because the official duty station is    |
| scheduled to come to the   | closed.                                 |
| official duty station      |                                         |
| office for a two-hour      |                                         |
| meeting. On the day of the |                                         |
| meeting, the office is     |                                         |
| closed because of a snow   |                                         |
| emergency. Is that         |                                         |
| employee excused from work |                                         |
| at the alternative         |                                         |
| worksite?                  |                                         |
+----------------------------+-----------------------------------------+
| 9\. The day before         | Yes. Just as when working at the        |
| Thanksgiving, management   | regular duty location.                  |
| excuses employees from     |                                         |
| work two hours prior to    |                                         |
| their departure time, in   |                                         |
| which the absence is       |                                         |
| charged to administrative  |                                         |
| leave. If an employee is   |                                         |
| telecommuting on that day  |                                         |
| should she/he also receive |                                         |
| administrative leave for   |                                         |
| two hours?                 |                                         |
+----------------------------+-----------------------------------------+
| 10\. Can a telecommuting   | Yes. If all parties concur, the         |
| agreement be modified?     | agreement may be modified, however, a   |
|                            | new Form RD 2045-7 must be signed       |
|                            | incorporating the modifications.        |
+----------------------------+-----------------------------------------+

(08-18-04) PN 378

RD Instruction 2045-A

Exhibit A

Page 4

+----------------------------+-----------------------------------------+
| #### QUESTIONS AND ANSWERS |                                         |
+----------------------------+-----------------------------------------+
| 11\. If an employee is at  | Yes, if the child is younger than 11    |
| his/her alternative        | years old, the employee must take leave |
| worksite (home) and        | since she/he may not have a dependent   |
| his/her child is sent home | in the home during work hours unless a  |
| from school due to         | care provider is in the home. If the    |
| illness, must the employee | child is 11 years old or older the      |
| take leave?                | employee must charge leave for the      |
|                            | period of time that she/he is tending   |
|                            | to the child's needs and, therefore,    |
|                            | not performing official duties.         |
+----------------------------+-----------------------------------------+
| 12\. Must an employee who  | Yes. Leave procedures apply to          |
| is authorized to           | telecommuters. Leave must be requested  |
| telecommute request        | and approved in advance prior to its    |
| advance approval from the  | use. Leave over one day must be         |
| supervisor to use leave?   | requested on a SF-71, Application for   |
|                            | Leave. Any time an employee is tending  |
|                            | to household or family responsibilities |
|                            | and is not performing official duties   |
|                            | she/he must be on leave.                |
+----------------------------+-----------------------------------------+
| 13\. At any time is a      | No. Travel allowances are based on the  |
| telecommuter entitled to   | official duty station.                  |
| mileage from their         |                                         |
| alternative worksite to    |                                         |
| their official duty        |                                         |
| station?                   |                                         |
+----------------------------+-----------------------------------------+

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