**SUBJECT: TELECOMMUTING PROGRAM POLICY**

990-1-00 Background

990-1-10 Purpose

990-1-20 References

990-1-30 Definitions

990-1-40 Coverage and Exclusions

990-1-50 Roles and Responsibilities

990-1-60 Eligibility Criteria for Program Participation and Termination

990-1-70 Delegations of Authority

990-1-80 Labor Management Relations

990-1-90 Telecenters

990-1-100 Hoteling

**990-1-00 BACKGROUND**

Advances in telecommunications, the rising costs of office space,
growing air pollution, traffic congestion and changing social needs have
increased interest in telecommuting arrangements. Telecommuting is a
practical solution to these quality of life issues as well as work life
challenges. Public Law No. 990-346, Section 359, dated October 23, 2000,
as interpreted by the Office of Personnel Management (OPM) in a
memorandum dated February 9, 2001, instructs Federal agencies (1) to
review existing telecommuting policies to reduce and eliminate barriers
that inhibit the use of telecommuting and to increase program
participation, (2) to establish eligibility criteria, and (3) that
subject to any applicable agency policies or bargaining obligations,
employees who meet the criteria and want to participate must be allowed
that opportunity if they are satisfactory performers. The law provides
that its requirements must be applied, within four years, to 100% of the
Federal workforce. More specifically, the law requires that 25 percent
of an agency's eligible employees shall be participating in a
telecommuting program this year, and an additional 25 percent of the
eligible employees each year to reach 100% within four years.

**990-1-10 PURPOSE**

This policy provides implementing guidelines for carrying out the
requirements of Section 359 of Public Law 990-346 cited above. These
implementing guidelines apply to the establishment of telecommuting
programs in HHS. Our intent is to actively promote telecommuting as a
legitimate flexibility for managers and their employees throughout HHS
and at the same time optimize the benefits of telecommuting while
assuring continued productivity. In addition, the purpose of this policy
is to promote HHS as an employer of choice; enhance the Department\'s
efforts to employ and accommodate people with disabilities, including
employees who have temporary or continuing health problems, or who might
otherwise have to retire on disability; reduce office space, parking
facilities, and transportation costs, including costs associated with
payment of the transit subsidy; complement the Continuity of Operations
Program (COOP) plans; and improve the recruitment and retention of
high-quality employees through enhancements to the employees quality of
life. Any implementing guidance developed by HHS components must comply
with this policy, as well as the law from which it is derived.

**990-1-20 REFERENCES**

A.  Public Law No. 106-346, Section 359, dated October 23, 2000

B.  Office of Personnel Management (OPM) Memorandum dated February 9,
    2001, Establishing Telecommuting Policies

C.  OPM Telework website: [www.telework.gov](http://www.telework.gov/)

**990-1-30 DEFINITIONS**

A.  [Telecommuting.]{.underline} (Also referred to as \"flexiplace,\"
    \"work-at-home,\" \"flexible workplace,\" and \"teleworking\")
    Performing work at a place other than the employee\'s official duty
    station in accordance with the terms of an employee-employer
    agreement.

B.  [Regular telecommuting]{.underline}. Telecommuting where the work is
    performed on a regularly scheduled basis for a period of several
    months or longer. Reasons for initiating regular telecommuting
    agreements may include: to enhance mission accomplishment; to
    improve service to clients; to improve productivity; to attract and
    retain high-quality employees in key occupations; to reduce office
    space and associated costs; to improve access to federal employment
    for the disabled; to assure reasonable accommodation for disabled
    employees; and, to reduce commuting distance.

C.  [Non-Regular or episodic telecommuting]{.underline}. Work performed
    at an alternate work station without a regular schedule. Some
    examples where non-regular or episodic telecommuting arrangements
    may work well include: time to complete discrete portions of
    projects or work assignments; convalescence from an injury or
    illness; during office renovation; and, reasonable accommodation.
    All of these situations involve performing work at an alternate work
    station that cannot be performed at the permanent work station for
    the reasons stated earlier.

D.  [Hoteling.]{.underline} Offices and/or cubicles set aside for the
    shared use of employees who spend the majority of their time
    telecommuting.

E.  [Alternate Work Station]{.underline}. A specific area at a
    telecommuting center or within an employee\'s residence or at
    another approved location other than the official duty station.

F.  [Telecenter]{.underline}. Office space, located so as to reduce
    commuting, that is available for the use of telecommuters.

G.  [Official Duty Station.]{.underline} The current work location
    specified in the employee\'s Official Personnel Folder.
    Telecommuting does not change the Official Duty Station.

**990-1-40 COVERAGE AND EXCLUSIONS**

A.  This policy applies to all HHS employees except Public Health
    Service Commissioned Corps personnel. Commissioned Corps personnel
    should refer to HHS Commissioned Personnel Manual 23.5, Instruction
    10 for guidance.

**990-1-50 ROLES AND RESPONSIBILITIES**

A.  Operating Divisions (OPDIVs) and Staff Divisions (STAFFDIVs) are
    responsible to:

    1.  Establish written guidance for implementing telecommuting
        requirements to include: Reimbursement for business-related long
        distance phone calls over the employee\'s personal phone-such
        calls must be approved by the supervisor as required by GSA
        regulations (see 41 CFR 101.7) and service and maintenance of
        Government-owned equipment if applicable.

    2.  Review positions, using OPM and GSA guidelines, to identify
        positions that lend themselves to telecommuting, as well as
        those that do not.

    3.  Approve, disapprove employee requests to participate in
        telecommuting and terminate program participation, when
        necessary, due to performance issues, for cause or other reasons
        as stated in the OPDIV/STAFFDIV telecommuting guidance.

    4.  Maintain signed copies of telecommuting agreements and such
        other records as may be required for program evaluation and
        reporting of regular and episodic telecommuting, use of
        telecenters etc.

    5.  Provide training for managers, supervisors and employees on the
        OPDIVs/STAFFDIVs telecommuting programs including the
        applicability of the Military Personnel and Civilian Employees
        Claims Act, the Federal Tort Claims Act, or the Federal
        Employees Compensation Act to services performed at home. (See
        Publication CA-810 Revised January 1999, Injury Compensation for
        Federal Employees, U.S. Department of Labor, Employment
        Standards Administration, Office of Workers\' Compensation
        Programs).

    6.  OPDIVs/STAFFDIVs shall designate a telecommuting coordinator to
        serve as the focal point for questions on the OPDIV/STAFFDIV
        telecommuting guidance.

B.  In consultation with the OPDIV/STAFFDIV Information System Security
    Officer assures that:

    1.  The requirements of the HHS IRM Policy for IT Security for
        Remote Access (dated January 8, 2001) are incorporated into
        telecommuting access briefings and training programs.

    2.  The Departmental IT Security Officer is promptly notified of
        computer security incidents (or suspected incidents) resulting
        from remote access.

    3.  Security procedures for LAN access; policies on providing
        computer equipment, and policies regarding maintenance and
        software for the alternate work station are discussed with
        telecommuting participants and/or included in the telecommuting
        agreement.

C.  Employees are responsible for:

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1.  Participation - The employee must request to participate in the
    telecommuting program; the employee may also request to end
    participation, without cause, at any time.

2.  Notice to Employer - The employee will promptly inform the employer
    whenever problems arise which adversely affect his/her ability to
    perform work at the alternate work station.

3.  Work Schedule - The employee must be available upon reasonable
    notice (generally a day in advance, if feasible) to come to the
    official duty station whenever the need arises for meetings, travel,
    training, etc.

4.  Work Activities - The employee will not engage in any
    non-governmental activities while in official duty status at the
    alternate duty station. This includes such pursuits as child care,
    elder care or the conduct of personal business.

5.  Leave - The employee will follow established leave policies at the
    alternate work station as though he/she were at the official duty
    station.

6.  Telephone - The employee agrees to maintain a telephone contact at
    his/her alternate work station and to furnish the employer with the
    number so that during business hours, he/she is accessible.

7.  Conduct - The Employee shall adhere to the Standards of Conduct for
    Executive Branch employees and to supplemental standards, as issued,
    while working at the alternate work station.

8.  Equipment Use- The employee must assure that all Government-owned
    equipment is used only for authorized purposes.

9.  Security - The employee will follow standard security procedures
    when removing official records from the official duty station.
    Classified or sensitive data must not be accessible from off-site
    locations unless agency IRM security officials certify that the
    system adequately protects records, and that off-site use conforms
    to applicable laws or policies.

10. Safety - The employee will read, certify and sign such safety
    checklists as may be required by the OPDIV/STAFFDIV.

11. Liability - The employee will be liable for damage to any
    government-supplied property, including equipment at the alternate
    work station, in the same way the employee is liable at the official
    duty station. HHS will not be liable for damages to an employee\'s
    personal or real property during the course of performance of
    official duties or while HHS equipment is in use at the employee\'s
    residence, except to the extent HHS is held liable by the Federal
    Tort Claims Act, the Military Personnel and Civilian Employees
    Claims Act or the Federal Employees Compensation Act (workers\'
    compensation).

12. Costs - Generally, the Government will be responsible for the
    service and maintenance of Government-owned equipment. The employee
    is responsible for all operating costs, home maintenance and any
    other incidental costs (e.g., utilities) associated with the use of
    the home for business purposes.

**990-1-60 ELIGIBILITY CRITERIA FOR PROGRAM PARTICIPATION AND**

> **TERMINATION**

A.  When developing telecommuting guidance OPDIVs/STAFFDIVs must
    establish eligibility criteria for program participation and
    termination. Participation in telecommuting programs is not an
    entitlement. In establishing eligibility criteria, OPDIV/STAFFDIV
    programs must include:

    1.  The employee\'s work (or the portion to be performed at the
        alternate work station) must be portable: i.e., it must be work
        that the employee can reasonably complete at an alternate work
        station.

    2.  The supervisor must be able to evaluate the quantity and quality
        of the employee\'s work performed at the alternate work station.

    3.  The employee\'s most recent performance rating of record must be
        a rating of fully successful or equivalent or better. The
        employee must not be on a performance improvement plan.

    4.  An employee\'s performance is not maintained at the fully
        successful or equivalent level or better the employee-employer
        telecommuting agreement must be terminated.

    5.  The employees\' type and length of appointment, and work
        schedule must be included among those determined by the
        OPDIV/STAFFDIV to be eligible for participation.

    6.  The employee must not require close supervision in order to
        telecommute.

    7.  The employee must not require frequent input from others in
        order to perform tasks at the alternate work station.

    8.  The employee\'s absence from the official duty station must not
        unduly interrupt office operations.

B.  Management officials with delegated authority may terminate a
    telecommuting agreement if the work situation no longer meets the
    requirements for eligibility.

C.  Individual employee participation will be decided on a case-by-case
    basis by the individual with delegated authority.

D.  If an employee\'s request to participate in the telecommuting
    program is denied, management will provide written notice to the
    employee explaining the reasons for the denial which shall include
    the process for submitting requests for reconsideration.

**990-1-70 DELEGATIONS OF AUTHORITY**

The authority to establish and maintain telecommuting programs is
delegated to OPDIV/STAFFDIV Heads, who may redelegate without
restriction. We encourage delegation of individual employee
telecommuting arrangements to front-line supervisors, as they are
usually in the best position to determine eligibility and assess
results.

**990-1-80 LABOR-MANAGEMENT RELATIONS**

In implementing this policy OPDIVs/STAFFDIVs must meet their labor
relations obligations.

**990-1-90 TELECENTERS**

OPDIVs/STAFFDIVs shall establish guidelines for using telecenters. A
[list of telecenters and their
locations](http://www.gsa.gov/Portal/gsa/ep/contentView.do?contentId=19845&programPage=%2Fep%2Fprogram%2FgsaBasic.jsp&channelId=-12950&ooid=8591&pageTypeId=8195&P=PL&programId=8477&contentType=GSA_BASIC)
is available at the [GSA website](http://www.gsa.gov/).

**990-1-100 HOTELING**

Working with the HHS Office of Facilities Services and the Assistant
Secretary for Resources and Technology as appropriate, OPDIVs/STAFFDIVs
shall establish guidelines for hoteling.