|Personnel Management Manual|
Date: October 8, 2003
Part 1: Personnel Systems & Procedures
TELECOMMUTING AGREEMENT PROVISIONS
Employee voluntarily agrees to work at the approved alternative worksite indicated above, and agrees to follow all applicable policies and procedures. Employee recognizes that telecommuting is a method the Agency may use to accomplish work. This agreement will remain in force until modified or terminated by either party.
Salary and Benefits
Working at an alternative worksite is not a basis for changing the employee's salary or benefits. All pay, leave and travel entitlements are based on the official duty station.
For the purposes of telecommuting, the employee will perform official duties only at the official duty station or alternative worksite. Employee agrees not to conduct personal business while in official duty status at the alternative worksite, for example, making home repairs or caring for dependents.
Time and Attendance
Employee's timekeeper will have a copy of the employee's schedule. The supervisor will certify bi-weekly the time and attendance for hours worked at the official duty station and the alternative worksite.
Note: Agency may require employee to complete a self certification form.
Employee will follow established office procedures for requesting and obtaining approval of leave.
Employee agrees to work compensable overtime only when requested and approved by the supervisor in advance. Working and claiming compensable overtime without such approval may result in termination of the telecommuting agreement and/or other appropriate action.
Employee will protect any Government-owned equipment and will use the equipment only for official purposes. The Agency will service and maintain Government-owned equipment only at the official duty station. The employee is responsible for transporting equipment to the official duty station for servicing, inventory, or upon request. The employee will install, service, and maintain any personal equipment used. The Agency may provide the employee with necessary office supplies, and may also provide a telephone credit card or otherwise reimburse the employee for business-related long distance telephone calls.
The Government will not be liable for damages to an employee's personal or real property while the employee is working at the approved alternative worksite except to the extent the Government is held liable by the Federal Tort Claims Act or the Military Personnel and Civilian Employees Claims Act.
Home Work Area
The employee will provide a safe work area that is adequate for performance of official duties. The work area shall be free of distractions.
Home Alternative Worksite Costs
The Government will not be responsible for any operating costs that are associated with the employee using his or her home as an alternative worksite, for example, home maintenance, insurance, or utilities. However, the employee does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for the Government, as provided for by statue and implementing regulations.
Center Worksite Costs
The Government will be responsible for any operating costs that are associated with the employee using a telecommuting center as an alternative worksite. However, the employee does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for the Government, as provided for by statute and implementing regulations.
Employee is covered under Federal Employee's Compensation Act if injured while actually performing official duties at the official duty station or the alternative worksite. The employee agrees to notify the supervisor immediately of any accident or injury that occurs at the alternative worksite. The supervisor will investigate such a report immediately.
For center or home-based telecommuting, employee will complete all assigned work according to procedures mutually agreed upon by the employee and the supervisor and according to guidelines and standards in the employee's performance plan.
For task-based telecommuting, work assignments to be performed at the alternative duty station will be individually documented in writing or electronically (e-mail) by the supervisor and confirmed by the employee, specifying the benefit to FHWA, that they will be performed at the alternative worksite (or another agreed site with specified address and telephone number), the hours of work performance, and the work products to be available for review at the conclusion of work. Assignments made and accepted electronically will have the force of signed written documents. The employee will complete all assigned work according to procedures mutually agreed upon by the employee and the supervisor and according to guidelines and standards in the employee's performance plan. The supervisor must be able to contact the employee at the alternative worksite specified during the hours of work performance. To be approved, work assignments cannot exceed 5 consecutive work days or 45 consecutive work hours, whichever is less. The supervisor should retain copies of task based telecommuting specific work assignment documentation for 1 year.
In order to work at an alternative worksite, employee's most recent performance rating should be at least "Meets or Exceeds Requirements" (i.e., "fully successful"). The supervisor may require regular progress reports from the employee to assist in judging performance. A decline in performance may be grounds for canceling the alternative worksite arrangement.
Employee will protect Government/Agency records from unauthorized disclosure or damage and will comply with requirements of the Privacy Act of 1974, 5 USC 552a.
Standards of Conduct
Agency standards of conduct continue to apply to employees working at alternative worksites.
After appropriate notice to the supervisor, the employee may resume working his or her regular schedule at the official duty station. After appropriate notice to the employee, the agency may instruct the employee to resume working his or her regular schedule at the official duty station for such reasons as the employee's performance declines, or if telecommuting fails to benefit organizational needs. The Agency must follow any applicable administrative or negotiated procedures.
Nothing in this agreement precludes the Agency from taking any appropriate disciplinary or adverse action against an employee who fails to comply with the provisions of this agreement.
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