From: Tarbert, Heath (Chairman) 

Sent: Mon, 16 Mar 2020 11:25:12 -0400 

To: All CFTC 

Subject: Telework Advisory for CFTC Employees 

Dear All, 

In light of weekend developments regarding the spread of COVID-19, I am 

reaching out again to stress that all those who are able to telework should do so 

until further notice. 

While CFTC offices remain open, I hope and expect that only those with essential 

work that cannot be performed from home will report to their assigned duty 

station. 

Pursuant to OPM guidance, we are offering maximum telework flexibilities to all 

current telework eligible employees. Affirmative supervisor approval is no longer 

needed for teleworking in this instance. Friday's CFTC guidance (below) regarding 

teleworking logistics and details remains applicable. Unscheduled leave remains 

available to address school closures and similar personal conflicts, as well as 

situations in which an employee is not telework ready. Please reach out to 

Workforce Relations with any questions you may have. 

In addition, all non-essential business travel (foreign and domestic) is suspended 

until further notice. Please contact the travel office if you need assistance in 

canceling travel. 

Take care and stay safe. 

Best, 

Heath 

Heath P. Tarbert 

Chairman & Chief Executive 

Commodity Futures Trading Commission 11an1 202-418-5030 

chairman@cftc.gov CFTC 
000G) 

From: Tarbert, Heath (Chairman) 

Sent: Friday, March 13, 2020 8:08 PM 

To: All CFTC 

Subject: FW: Operating Status for all CFTC Employees - UNSCHEDULED LEAVE AND TELEWORK 

Dear CFTC Community, 

Your health and safety- and that ofyour loved ones- is a chief 

priority for me. Please make sure you read the email below 

about your potential options oftelework or unscheduled leave. 

The former (for those who have a telework agreement) is to 

facilitate social distancing that may not be possible during your 

commute or in the office; the latter recognizes the fact that 

school closures, etc. may be impacting our lives, and we may 

need to take some leave. 

Best, 

Heath 

llilfll 

CFTC 

Heath P. Tarbert 

Chairman & Chief Executive 

Commodity Futures Trading Commission 

202-418-5030 

chairman@cftc.gov 

000G) 
From: CFTC Communication 

Sent: Friday, March 13, 2020 6:03 PM 

To: All CFTC 

Subject: Operating Status for all CFTC Employees - UNSCHEDULED LEAVE AND TELEWORK 

CFTC COMMUNICATION 

SUBJECT: Operating Status for all CFTC Employees- UNSCHEDULED LEAVE AND TELEWORK 

Today we are announcing that, effective Monday, March 16, 2020, and until further notice, all CFTC 

offices will be OPEN and all employees will have the option of UNSCHEDULED LEAVE or UNSCHEDULED 

TELEWORK. We will notify you as soon as any decisions are made to change the operating status. 

The situation in our communit ies continues to evolve rapidly, and the healt h and safety of t he CFTC 

workforce remains our top priority. With recommendations from federal, state, and local authorities to 

practice social distancing, as well as extensive school closures and the recent declaration by t he World 

Health Organization that COVID-19 has reached pandemic status, we want to ensure that CFTC staff 

have the flexibility to take protective measures. 

Today's telework readiness exercise is a key component in our continuity of operations. We will be using 

the information from the exercise to further strengthen our ability to execute our mission during this 

critical time. 

If you believe you may have been exposed to coronavirus or contracted it, first and foremost, please 

take care of yourself in accordance with medical advice. We also encourage you to promptly inform your 

immediate supervisor, so we can determine whether additional measures are warranted. 

How does unscheduled telework occur under these circumstances? 

• To telework pursuant to this announcement, you must have: 

1. Submitted a Telework Agreement and Safety Certification Checklist to your Business 

Management Specialist; 

2. Completed mandatory telework training; 

3. Identified work you can complete from home; and 

4. Received oral or written approval from your supervisor to telework. 

• In cases where an employee does not have access to a CFTC laptop, and VPN is not available, the 

employee can telework if: 

1. You have portable work; and 

2. You have access to CFTC E-mail. 

• Unscheduled telework days pursuant to this announcement are excepted from the 3 day inoffice rule. 

• If you have items in your office that you would like to have while teleworking, the building is 

open and you are able to come in to retrieve them. 

• We are continuing to work with NTEU on additional flexibilit ies to address personal conflicts, 

such as school closures, that are impacting employees ability to telework. 

What do I need to know if I am unable to telework or have not signed a telework agreement? 
• Telework is not being mandated. 

• Employees who have not completed the requirements for telework are expected to report to the 

office or request accrued annual leave, credit hours, or compensatory time. 

• Employees may request unscheduled leave for their full scheduled work days. 

• Employees must notify their supervisor of their intent to take unscheduled leave. 

What do I need to do if I do not yet have a telework agreement and want to seek approval to 

telework? 

• Submit for approval a completed telework agreement and Safety Checklist with your Business 

Management Specialist. Employees must submit a safety checklist for every alternate worksite 

they want to be approved for telework. 

• New teleworkers should schedule to take the Telework Training by contacting Workforce 

Relations. 

Who does this apply to? 

• This status applies all CFTC Employees. 

• Contractors should contact their COR to discuss their status. 

We will continue to monitor the ongoing effectiveness of this operating status to determine if we need 

to enhance or alter our approach. 

Questions? 

• Workforce Relations 

• Todd Remusat x5454 
.

.

Article**: Telework 

Section l 

Telework Program 

A. Participation in the telework program is.voluntary, and an employee may choose to 

dis.continue a telework arrangement at any time . 

B. Participants in the telework program will receive the same treatment/opportunities as nonteleworking employees in regards to work assignments, awards and recognition, development 

opportunities and promotions. 

C. The Employer will not be responsible for operating costs, home maintenance, insurance, 

travel, relocation or any other costs (e.g., utilities, internet service) associated with the use of an 

Alternative Worksite. 

Section 2 

Definitions 

For the purposes of this Article, the te1ms contained herein have been defined as follows: 

A. Alternative Worksite - A location in the employee's home, designated by the employee as the 

location they will use to perform their official CFTC duties, and/or another location(s) agreed 

to by the employee and his or her supervisor. 

B. Official Duty Station - An employee's Official Duty Station is the Official Duty Station as 

defined by applicable Office ofPersonnel Management (OPM) regulations, 5 C.ER.. § 

531..605 . 

C. Telework - Perfo1mance of official duties at an Alternative Worksite (i.e., home or other 

location). 

D. Teleworker - An employee (i.e., permanent, part-time, temporary) who works at an 

Alternative Worksite (i.e., home, telework center, or other location) on an occasional and/or 

recurring schedule with a Telework Agreement. 

E. Telework Agreement - A written agreement, completed and signed by an employee and 

appropriate official(s) in his or her mission area/agency/staffoffice that outlines the terms 

and conditions ofthe telework arrangement. 
Section 3 

Employee Eligibility 

An employee is eligible for a telework arrangement if: 

A. The employee is rated fully successful or above as ofher/his last appraisal; 

B. The employee has sufficient portable work; 

C. The employee's work does not require frequent access to confidential or sensitive data or 

information which is not attainable from home, for example: personnel and/or payroll 

records; non-public (CFTC restricted) information; or information protected from 

unauthorized disclosure by the Privacy Act of 1974 and its implementing regulations. 

However, the Employer will consider whether the security of data or information (including 

sensitive and Privacy Act material) can be adequately assured; 

D. The employee has not been officially disciplined for being absent without permission for 

more than five (5) days (i.e., at least 40 or more hours) in any one (1) calendar year and the 

record of the discipline remains in the OPF. For the purpose ofthis provision, "officially 

disciplined" means any discipline that is placed in the empl.oyee's OPF; 

E. The employee has not been officially disciplined for violations ofsubpart G ofthe Standards 

ofEthical Conduct ofEmployees ofthe Executive Branch for viewing, downloading or 

exchanging pornography, including child pornography, on a Federal Government computer 

or while performing official Federal Government duties; and 

F.. The employee has not received any disciplinary or adverse action in the preceding one (1) 

year and has no pending discipline or adverse action 

Section 4 

Telework Arrangements 

All eligible employees may request a telework arrangement The following telework 

arrangements are available: 

A. Episodic Telework. Approved telework performed when an employee's work assignments, or 

paii of his or her work assignments, can be performed remotely for a portion ofthe day or 

week. Generally, episodic telework is expected to last from a few hours to less than one (1) 

calendar week. Although episodic telework is generally not recurring, and should occur 

infrequently, it may be scheduled on a limited basis for short periods oftime. For example, 

an employee may have a special project that warrants the use of episodic telework on the 

same day or days for a number of consecutive or non-consecutive weeks. Prior approval by 

the immediate supervisor is required for each episodic occurrence unless the employee and 

his or her supervisor agree otherwise. 

2 
B. Recurring Telework.A recurring telework arrangement under which an employee may 

telework for up to four ( 4) days per pay period, subject to the employee's work schedule that 

is selected and approved in accordance with Article** (Work Schedules and Credit Hours). 

1. Employees who work a Flexitour or Gliding schedule are authorized to telework for up to 

four (4) days perpay period. 

2.. Employees who work a 5-4/9 or 4-10 Compressed Work Schedule (CWS) may be out of 

the office on either a regular day off (RDO) orworking at her/his telework site for no 

more than four (4) days per pay period. 

3. Employees who are on a Maxiflex schedul.e under which they work less than ten (10) but 

at least eight (8) days in a pay period may be out of the office on either a regular day off 

(RDO) or working at her/his telework site for no more than four ( 4) days per pay period. 

4. Excused absences (administrative time), leave (e.g., annual, sick, FMLA) or unscheduled 

telework ( e.g. due to inclement weather or emergency) are not considered days on which 

an employee is "out of the office" for Section 4B purposes. 

A request for recurring telework must be submitted to the immediate supervisor and is 

subject to approval by the Division Director. The Employer's approval ofan employee's 

request for a regular, recurring telework arrangement will remain fixed unless and until it is 

changed by the employee or the Employer in accordance with this Article. 

C. Reasonable Accommodation - Approved episodic or recurring telework to enable a disabled 

employee to perform the full range of his or her official duties. All requests for reasonable 

accommodations are subject to approval by the Employer's Disability Officer in HRB and 

subject to the requirements of Article** (Reasonable Accommodation). 

D. Temporary Medical. 

L Approved episodic or recmTing telework performed for a period of time requested by the 

employee, submitted to the immediate supervisor and approved by the Division, which 

may be in excess of Section 4B, due to a documented medical condition of the employee, 

or the employee's immediate family member, that temporarily prevents the employee 

from performing his or her duties in the traditional office. 

*For the purposes of this Article, an immediate family member is defined consistent 

with 5 C.F.R. 630.201 as the spouse and parents thereof, parent, children and 

brothers/sisters and spouses thereof, or any individual related by blood or affinity 

who has an equivalent family relationship. 

2. To be approved, the employee must submit documentation of: 

a. the date the health condition commenced; 

b. a general statement ofthe medical condition; 

3 
.

c. the probable duration (i.e., the date on which the employee will be able to return to 

work in the office); and, 

d. if applicable, whether there is any limit on the employee's performance ofwork 

during the temporary telework arrangement (e.g., type ofwork, numberofhours per 

day). 

3. The.Employer may request additional documentation or clarification. 

4. Requests for temporary medical telework will be approved in increments ofninety (90) 

calendar days or less. 

5. Requests based on the medical condition of an employee that exceed ninety (90) 

calendar days must be requested as a reasonable accommodation under Section 4C. 

Employees who do not qualify for reasonable accommodation may be granted a limited 

extension of up to one calendar year, in increments of ninety(90) days or less. Requests 

based on the medical condition ofan employee's immediate family member that exceed 

ninety9O calendar days must be.requested as a temporary hardship under Se.ction 4E. 

6. At the.conclusion ofthe te.Iework arrangement, or when an e.xtension is denied, the. 

employee must return to the official duty station as directed. by the Employer. 

7. The Employer will decide 1) whether the employee meets the medical requirements and 

2) whether to approve the telework request. 

8. Decisions regarding telework based on a medical condition are made on a case-by-case 

basis and are based on work constraints, office coverage, impact on co-workers, and 

employees' medical requirements or personal needs. The decision will be upheld if 

based on a rational basis. 

E. Telework for Temporary Hardships. 

1. Where an employee is experiencing a qualifying hardship, an eligible employee may 

request a temporary Telework arrangement which may be in excess of4B. 

2. Eligibility: An employee is eligible to request a telework arrangement under this section 

if: 

a. the employee meets the eligibility requirements in Section 3. 

b. the employee has not been placed on leave restriction for one (1) calendar year 

c. the employee has served a minimum of two (2) years of service with CFTC and is not 

serving on a probationary or trial period. 

3. A qualifying hardship cannot pre-date employment with CFTC . Employees can apply for 

hardship telework on the following basis: 

4 
.

a. Involuntary Reassignment of a spouse. Where the request is based on the 

reassignment ofa spouse, the employee can sign a self-certification stating that the 

assignment is involuntary, and providing the current and future duty location. 

b. Temporary medical condition ofan immediate family member, that exceeds ninety 

(90) calendar days in duration. The required medical documentation must be 

provided in accordance with Section 4.D.2 and 3 

4. A request for Temporary Hardship telework must be submitted to and approved by the 

Executive Director in consultation with Chief, Human Capital Officer (CHCO) and. 

Telework Managing Officer and supervisory staffas appropriate. 

5. Where a request for telework based on a temporary medical condition is covered by 

section 4C or 4D it will not be considered under this part. 

6. The Employer will consider and retains the discretion to approve temporary hardship 

requests in increments of ninety (90) calendar days, depending on the specific 

circumstances ofthe hardship, subject to staffing and workload needs. Employees may 

seek to extend the temporary hardship to a cumulative total ofup to one (1) calendar year 

(365 calendar days) where the hardship still exists and approval is consistent with the 

business needs of the Employer. Once the allowance is exhausted, the employee will not 

be eligible to be considered for hardship telework for three (3) calendar years. 

7. When a request for a Temporary Hardship telework arrangement is denied, the Employer 

will provide the employee with the reason(s) for the denial in writing. The denial will be 

upheld ifsupported on a rational basis based on staffing or workload needs. At that time, 

the Employer will provide the employee with the reason(s) for the suspension or 

termination in writing. 

8. At the conclusion of the telework arrangement, or when an extension is denied, the 

employee must return to the official duty station as directed by the Employer. 

F. Continuity ofOperations Plan (COOP). Episodic or recurring telework performed to ensure 

that the Employer can continue to perform mission-essential functions during an emergency, 

including localized acts ofnature, accidents, and technological or attack-related emergencies. 

During the time period that the COOP has been activated in response to a specific 

emergency, the COOP supersedes the provisions ofthis Article. 

G. Telework in lieu of approved annual leave. Employees who have an approved telework 

arrangement may request to telework at a location other than their primary telework site in 

lieu of approved annual leave, so long as approval to do so is grnnted in advance. The 

alternate worksite must meet the terms and conditions ofthe employee's telework agreement, 

and the employee must complete the safety certification checklist. However, upon 

converting annual leave to telework, employees are subject to the frequency limitations 

specified in S.ection 4A and 4B, unless ordered to perform work by the Employer. 

5 
Section 5 

Location of the Telework Site 

A. Employee telework sites must be located within the United States. The Employer will not pay 

any additional costs borne by the employee where the employee is required to physically report 

to their office. 

B. An employee may be approved to work from more than one telework sit.e contingent upon 

meeting the requirements in Section 9. 

Section 6 

Requests for Telework and the Telework Agreement 

A. To request a telework arrangement, the employee must submit a signed "Telework Request 

and Agreement Form" to his or her supervisor. The Employer will respond to a properly 

submitted request for a recurring or episodic telework arrangement within fourteen ( 14) calendar 

days. Denial ofa recurring or episodic telework arrangement will, upon request, be provided to 

the employee in writing, specifying the reason(s) for denial. 

B. The telework agreement documents the terms and conditions ofparticipation in the telework 

program. The agreement must be signed by both parties prior to the start ofteleworking. If 

employees have an approved agreement for recurring telework, they may also work episodic 

telework, with advance supervisory approval. 

C. To discontinue participation in the telework program, the employee must notify his or her 

supervisor in writing. Because participation in the telework program is voluntary, an employee 

may do so at any time, however, the change to non-telework status will take effect within one 

pay period 

D. An employee may submit a writt.en request t.o change his. or her recurring telework schedule 

at any time by submitting a revis.ed. telework agreement. The Employer will respond to the 

request within fourteen (14) calendar days. In the event ofdenial, upon request, the Employer 

will provide the employee with the reason(s) for the denial in writing. 

E. Within a particular pay period, an employee may request to change his or her scheduled 

telework day(s) to other day(s) in the work week. Such requests will not be unreasonably denied. 

Where an employee takes a day ofleave or portion thereof using credit hours, the employee will 

be required to forfeit a telework day or days, or po1tion thereof, to the extent that the employee 

would otherwise not comply with the minimum number ofdays in the office requirement found 

in the Work Schedules article. 

6 
Section 7 

Training 

A. Any employee considering participation in the Telework Program is required to complete 

telework training prior to submitting a "Telework Request and Agreement Form" and an 

Alternative Worksite Safety Checklist. The telework training can be found via the Employer's 

online training system. 

B. Employees who have a Telework Agreement as ofthe effective date of this Agreement will 

not be required to undergo or repeat telework training, absent a requirement that all teleworkers 

must do so by the head ofthe Employer. 

Section 8 

Denial, Suspension or Termination ofTelework Arrangement 

A. The Employer may deny an employee request for a telework arrangement ifthe employee: 

1. no longer meets the eligibility criteria in Section 3 

2. is. placed on a performance improvement plan (PIP); 

3. has documented time or attendance issues previously communicated to the employee in 

writing during the prior six (6) months. 

B. The Employer may temporarily suspend or terminate an employee's telework arrangement if 

the Employer finds that the employee: 

1. no longer meets the eligibility criteria in Section 3 

2. failed to adhere to the provisions ofhis or her Telework Agreement; 

3. has been the subject ofa final disciplinary action imposed by the Employer which, based 

on the Telework Enhancement Act, disqualifies the employee from continued 

participation; 

4. performance has declined (for example, where the employee fails to meet established 

deadlines or fails to progress satisfactorily on assignments, but not insignificant 

fluctuations or declines in performance), and the decline in pe1formance may . 

be . 

reasonably attributed to her/his pa1ticipation in telework; 

5. is placed on a performance improvement plan (PIP); or 

6. fails to truthfully report time worked. 

C. Under subsection 8B, the Employer will give advance notice of a temporary suspension or 

termination ofa telework agreement. At that time, the Employer will provide the employee with 

7 
the reason(s) for the suspension or tennination in writing. The employee will have an 

opportunity to meet with the Employer to discuss the reason(s) for suspension or termination. To 

the extent possible, the Employer will provide the employee with this opportunity to be heard 

prior to implementing a final action. An employee who has his or her telework arrangement 

terminated may reapply for a telework arrangement six (6) months from the date ofsuspension 

or termination. 

Section 9 

Alternative Work Site Safety 

A. An employee will complete the required Safety Checklist and ensure that the Alternative 

Work Site is safe and has adequate workspace, lighting, ventilation, temperature controls, 

telephone service, power, smoke alarms, and security. 

B. A teleworker is covered by the applicable provisions ofthe Federal Employee's 

Compensation Act ifinjured while performing official duties at his or her approved alternative 

work site. An employee will notify his or her supervisor immediately ofany such accident or 

injury and will complete any required forms. Following reas.onable advance notice, the 

Employer may inspect the employee's approved telework site where such an injury has been 

reported. 

Section 10 

Performance of Work 

A. Performance requirements for teleworking employees are the same as those for 

non-teleworking employees. Nothing in this Article shall affect the Employer's right to assign 

work or make reasonable requests to ascertain the status ofwork assignment(s) in accordance 

with applicable laws, rules, regulations, the Employer's needs, or operational goals. 

B. A teleworking employee will be available at an Alternative Work Site to supervisors, . -- . 

co-workers, and the public by telephone, voicemail and email to the same extent as ifhe or she 

was in the official duty station. 

C. Telework must normally be performed using the CFTC-issued laptop. A loaner laptop will 

be made available to any employee who has not been issued a CFTC laptop. However, when an 

employee who requests same-day episodic or unscheduled telework due to an unplanned event 

(including inclement weather) does not have their CFTC laptop, but has portable work that can 

be performed and access to a CFTC issued phone for the purpose of accessing e-mail, the 

employee's supervisor may authorize the employee to telework. The employee must account 

for the full day using a combination of telework and/or approved leave. 

D. Only official duties. and Union representational duties. will be performed during official duty 

hours at the approved alternate work site. 

8 
E. Telework is not intended to be a substitute for leave when an employee is incapacitated or 

otherwise unable to perform the duties oftheir position. 

Section l1 

No Dependent Care 

A. Teleworking is not a substitute for childcare or dependent care. It is permissible for a 

caregiver to be present at the Alternative Worksite to take care of a dependent while the 

teleworker is officially working. 

B. If a situation arises where the teleworker must attend to a dependent at the Alternative 

Worksite during scheduled duty hours, the teleworker shall notify the supervisor and arrange to 

take leave, credit hour(s) or make other arrangements. 

Section 12 

Time and Attendance 

Time spent working in a telework status must be recorded through the WebTA system. Normal 

procedures regarding requests and approval of leave, compensatory time, overtime, and credit 

hours applies when an employee is teleworking. 

Section 13 

Work Schedules 

A. A teleworking employee's work schedule may include any alternative work schedules 

allowed for by Article ** (Work Schedules) ofthis Agreement. 

B. Employees may earn credit hours when teleworking, including weekends, subject to Article 

** (Work Schedules). 

C. An approved teleworker may telework less than their regular scheduled tour. ofduty with 

prior supervisory approval. This may occur when an employee works a portion ofthe work day 

in the office or is taking approved leave for a portion ofhis or her work day and requests to 

telework the remaining hours in the work day. Where the employee works at their telework 

location for part of their scheduled duty day, except where he or she would only earn credit 

hours, the day counts as a day out ofthe office for purposes of employees meeting their required 

three (3) days ofphysically being in the office. 

D. The Employerreserves the right to direct an employee scheduled for telework to report to his 

or her Official Duty Station in circumstances deemed necessary by the Employer to meet 

mission, staffing and/or workload requirements such as meetings, receiving work assignments, 

training, travel, absences ofother employees, emergency situations, or other situations deemed 

necessary by the Employer to meet mission, staffing and/or workload requirements. If the 

9 
Employer detern1ines that the employee cannot fulfill the work requirement while teleworking, 

the Employer will give the employee twenty-four (24) hours' notice ofthe need to report to the 

Official Duty Station; however, where the need for the employee to repo1t to the Official Duty 

Station is unforeseen, management will provide as much notice as possible. Where the employee 

cannot report to the office for personal reasons, they may request leave. Where the employee is 

directed to report to the official duty station during her/his tour of duty, the employee can 

normally reschedule their telework day. Reasonable commuting travel time will be considered 

duty time. 

E. When the Employer directs the employee to report to his or her Official Duty Station (or to a 

temporary duty location, if applicable) on the employee's scheduled telecommuting day in a 

given pay period, the Employer will grant an employee's request to work a different 

telecommuting day during that same pay period unless mission, staffing and/or workload 

requirements require the employee's presence. In the event ofdenial, the Employer will provide 

the reasons for denial in writing. 

F. Ifan emergency occurs at the telework employee's Alternative Worksite that impacts on his 

or her ability to perform official duties, then the employee will immediately notify the Employer. 

In su.ch an emergency, the Employer may direct the employee to report to the Official Duty 

Station, or approve annual leave, credit hours, administrative leave, or leave withou.t pay. 

Section 14 

Technology and Equipment 

A. Teleworking employees, where directed by the Employer, must use an Employer-issued 

laptop computer to perform work at the approved Alternative Worksite. 

R An employee who is scheduled to telework, but who forgets to bring their laptop to the 

approved alternate worksite, may request approved leave to retrieve the laptop or to account for 

the full workday. 

C. The Employer will facilitate and assist teleworking employees in the event ofsoftware, 

connectivity and /or other access issues. 

D. Teleworking employees must ensure that government-provided property is used only for 

approved purposes. The Employer will service any government equipment provided to an 

employee at the Official Duty Station. 

E. An employee must comply with all relevant information technology security measures, 

including password protection and data encryption, so that Privacy Act and other security 

standards are not compromised. 

F. Teleworking employees may utilize necessary and mu.tine office supplies (such as pens, 

paper, and similar) and, where there is need, a telephone card for making business related longdistance telephone calls while at the Alternative Worksite. 

10 
. .

G. The Employer will reimburse a teleworker for appropriate and authorized expenses incurred 

while conducting official duties at the approved Alternative Worksite, as provided for by law and 

regulations. The Employer will not be responsible for operating costs, home maintenance, 

insurance, or any other costs (e.g., utilities, internet service) associated with the use of an 

Alternative Worksite. 

Section 15. 

Agency Closure, Late Opening and Early Dismissal 

A. Employees who have a telework agreement, will telework on a day that the employee's 

official duty station is closed and will not normally be granted administrative leave. 

However, if a condition exists at or impacts the Alternative Worksite (e .g ., power outage, 

equipment failure but not including dependent care), that prevents the employee from 

performing work using the CFTC-issued laptop, the specific circumstances will dictate 

whether the employee may be authorized to take accrued leave or be granted administrative 

leave. 

B. On a day that there is an agency closure, an employee who teleworks must account for a full 

work day through a combination oftelework and accru.ed leave or other leave as appropriate. 

C. When the agency closes due to a weather or safety condition that could reasonably be 

anticipated, and an employee who has a telework agreement forgets or neglects to bring their 

CFTC laptop home, the employee may request approved leave to account for the full work 

day. Administrative leave will not be granted under these circumstances. However, when, in 

the Employer's judgement, the employee took reasonable steps (within the employee's 

control) to prepare for teleworking and was unable to bring their CFTC laptop home, the 

Employer may grant administrative leave. The Employer will not unreasonably deny such 

requests. 

D. Employees may not receive administrative leave for hours.during which employees are on 

other preapproved leave (paid or unpaid) or paid time off. 

E. A supervisor will approve an employee's request for episodic telework for a full day or 

paiiial day in the event the government is open with the option of unscheduled 

leave/unscheduled telework or in the case of early departure. In such circumstances, the 

teleworking employee must account for a full work day through a combination of telework 

and accrued leave or other leave as appropriate. 

F. Late Opening. Employees who are scheduled or request to telework are not impacted by 

commuting issues and must account for their full work day through a combination of 

telework and other leave as appropriate. 

11 
G. When the CFTC announces an early dismissal ofemployees for non-emergency conditions, 

such as on the day prior to a Federal holiday, employees who telework will also be excused. 

12 
From: CFTC Communication 

Sent: Wed, 18 Mar 2020 12:54:57 -0400 

To: All CFTC (FTE) 

Subject: Temporary Change to the CFTC Work Schedule Policy, Applicable Until Further 

Notice 

CFTC COMM UNICATION 

SUBJECT: Temporary Change to the CFTC Work Schedule Policy, Applicable Until Further Notice 

In light of the evolving situation concerning the COVID-19 virus (coronavirus), the CFTC is offering, on a 

temporary basis, additional telework flexibility to all teleworking employees. While individual 

circumstances will vary, we anticipate that these expanded telework flexibilities will be particularly 

helpful to staff. These flexibilities should provide relief to those who need to provide dependent care 

due to the closure of schools or disruptions in child care arrangements. It may also provide relief to 

those who are currently impacted by self-isolation, isolation of an immediate family member, or in 

quarantine due to exposure to the coronavirus. 

Details of these temporary telework flexibilities are provided below, but as a general matter they are 

designed to allow employees to modify the time(s) of day they work. To the extent an employee is not 

able to perform their hours of work scheduled for each day, they may use credit hours or take leave for 

all or part of the day. Leave flexibilities are outlined in prior communications. 

Supervisors should work with each of their staff members to support these additional telework 

flexibilities. Employees should maintain open communication with their supervisors about their 

telework and leave status and notify supervisors if they intend to adjust their work schedules. 

What do I need to know? 

• The Telework and Work Schedule Articles of the NTEU-CFTC Collective Bargaining Agreement 

(CBA) currently apply to all employees. 

• These flexibilities apply to staff who are both teleworking and on the Maxiflex work schedule 

option. The requirements for staff on compressed, gliding, or regular work schedules remain 

unchanged. 

o Maxiflex is a type of flexible work schedule where the employee may designate a 

recurring work schedule in which he or she fulfills his or her 80-hour basic work 

requirement in a biweekly period over fewer than ten (10) workdays, but not less than 

eight (8) workdays. 

• Until further notice, the core hours (i.e., the designated period of the day when all employees 

must be in a pay status (either on leave or working at the office or at their designated telework 

space)) of 9:30 a.m. to 3:00 p.m. are suspended for all teleworking employees who are on the 

Maxiflex work schedule option. 

• The arrival/start (6:00 a.m. to 9:30 a.m.) and departure/end (3:00 p.m. to 7:00 p.m.) time bands 

set forth in Article 7, Section 5.A. are temporarily suspended for employees who are teleworking 

and on a Maxiflex schedule. These employees may start work as early as 5:00 a.m. and end work 

at late as 12:00 a.m. (midnight), Monday through Friday. 
• Employees who are teleworking and on the Maxiflex option are not required to use credit hours 

or take leave as long as they complete their basic work requirement (80 hours per pay period) 

between the hours of 5:00 a.m. and 12:00 a.m. (midnight) Monday through Friday. 

• Because eligible employees are on the Maxiflex work schedule, they can work these extended 

hours without incurring the expense of night shift differential, which the CFTC does not 

currently offer. 

• Consistent with Article 7, Section 6.D.l(d) of the CBA, daily work hours continue to be limited to 

a maximum of ten (10) hours per day toward meeting the basic work requirement, MondayFriday; however, in any individual day, an employee may work up to two (2) additional credit 

hours between the hours of 5:00 a.m. and 12:00 a.m. (midnight), for a combined total of 12 

hours. 

• For pay periods that include a holiday, employees are advised to plan ahead to incorporate 

holiday hours when they schedule their work hours. Full time employees on a Maxiflex schedule 

receive eight (8) hours of pay on holidays. 

• Part-time employees should contact Workforce Relations to discuss their specific scheduling 

needs. 

• ODT Customer Service Support (CSC) will be available during its regularly-scheduled hours. 

• The 3-day "in-office requirement" is temporarily suspended for fill teleworking employees. 

What do I need to do? 

• If you are currently on a Maxiflex work schedule and wish to establish or change your Maxiflex 

schedule, notify your supervisor of expected arrival (start) and departure (end) work times in 

accordance with Article 7, Section 6.D.l(b) of the CBA. 

• If you wish to change your work schedule to Maxiflex, complete the Alternative Work Schedule 

Request (Form 461) and submit it to your time keeper who will make the changes in WebTA and 

update the Business Management Specialist. All work schedules are subject to supervisor 

approval. 

Questions? 

• Contact Workforce Relations for questions about the Work Schedule Article. 

• Contact your Business M anagement Specialist with questions about how to request a change in 

work schedule. 
From: Thompson, Anthony C. 

Sent: Mon, 30 Mar 2020 17:09:27 -0400 

To: All CFTC (FTE) 

Subject: Guidance For Staff Who Need to Come in to the Office During Shelter-In-Place 

and Stay at Home Orders 

Importance: High 

Dear CFTC Staff 

While our nation continues to experience disruptions from the COVID-19 pandemic, we note that a 

number of locations at the state and local level have implemented travel restrictions that may affect 

your ability to move freely between home and work. We strongly encourage you to follow those 

pronouncements, for your benefit and that of others. And to facilitate that compliance, we have 

established maximum telework flexibilities, which are described in earlier communications. However, in 

order to carry out the CFTC's critical government functions, a very limited number of you may be 

required to periodically report to your designated office. Under these circumstances, the Department of 

Justice has notified state and local agencies throughout the United States that federal employees must 

be able to continue to perform necessary functions from their federal offices. 

Unlike a lapse of appropriations, CFTC operations continue to function fully and our continuing mission 

is considered an essential function, although we must do as much work as we can remotely. As stated 

previously, staff with telework agreements should telework to the maximum extent possible and should 

only come in to their office if necessary. However, if it is necessary for an employee to come into their 

office to perform work, it falls within exceptions to the movement restrictions that have been imposed 

by state and local authorities. 

For clarification, there is a distinction between staff who elect to come to the office for convenience 

purposes and those who are required to come to the office (1) to perform specific tasks that are only 

possible to do in their office and (2) who occupy positions t hat, by the nature of their work, require 

working onsite to perform tasks necessary to continue CFTC operations, even during an emergency. 

Again, we strongly encourage people to refrain from coming to the office unless they are in categories 1 

or 2. 

(1) For employees who are teleworking but have specific tasks that they must come into the office to 

perform: 

• Please work with your supervisor to try to find workarounds to avoid coming into the office. This 

may require creative solutions or changing how work would normally be performed (e.g., filing 

work in shared drives rather than paper files, using digital signatures, printing remotely 

wherever feasible, etc.). Keep in mind that workarounds that would increase the cost to the 

government should be cleared prior to moving forward and that generally no additional cost 

solutions are the preferred choice to quickly resolve issues. 

• If a task must be performed onsite, and there is no reasonable alternative other than an employee 

coming into the office to perform specific tasks, the employee is expected to come into the 

office to perform those tasks. Under these circumstances, the employee should minimize their 

time in the office to accomplish only those specific tasks. Employees are further advised to 

maintain social distancing, if possible. 
• Supervisors should also try to combine tasks to minimize the number of employees who are 

required to work in the office at any given time. For example, if someone already in the office 

(or already approved to go into the office) is able to perform a specific task, the supervisor 

should explore having an onsite employee perform that task, even if it is not among that 

employee's regular duties. 

• For supervisors, if you have exhausted the above options and still need a specific task performed 

that can only be done in the office, your first step is to please contact LA Harding, Security and 

Emergency Management Officer, to coordinate having a teleworker come into the office and 

collaborate on how best to minimize risk. Additional clearances and instructions will be 

necessary prior to a teleworking employee being allowed entry into the building. 

(2) Separately, there are some positions that, by the nature of their work, will require employees to 

come into the office for at least part of a day on a regular basis, even during an emergency. 

Examples of this may include employees needed to handle mail, security, badging, or physical 

handling of equipment. 

• While supervisors should work with staff to enable them to telework to the maximum extent 

possible, there may be times these employees must report to the office. 

• The majority of these employees work in OED and ODT, but if you have any employees (other than 

ones that have not yet signed a telework agreement) that need to be onsite to perform work on 

a regular basis, please contact LA Harding, who will be consolidating the information about 

these functions. 

Decisions on the need for teleworkers to report to the office will be addressed corporately, rather than 

by individual supervisors, in order to maximize telework and minimize risk. 

We will provide specific guidance to staff who are required to report to the office. At a minimum, this 

will include identifying themselves with their Personal Identity Verification ("PIV") card and informing 

any authorities they encounter that they have been ordered into the office to perform necessary federal 

government functions, and to carry the phone number of the official authorizing or requiring them to 

report to the office in case verification is needed. 

Best Regards, 

Tony 

llaill 

CFTC 

Anthony C. Thompson 

Executive Director 

Office of Executive Director 

Commodity Futures Trading Commission 

202-418-5697 

athompson@cftc.gov