This Directive was canceled March 16, 2009.

Part 1: Personnel Systems & Procedures

Chapter 12: Telecommuting Program

Section

1. What is the purpose of this directive?
2. Does this directive cancel existing policy?
3. What is the background concerning this directive?
4. What are the pertinent references with regard to the telecommuting program?
5. What are the key definitions used in this directive?
6. What are the FHWA telecommuting policies?
7. Who is responsible for the telecommuting program, and what are their responsibilities?
8. What types of telecommuting are used in the FHWA?
9. Who is eligible to telecommute?
10. What specific requirements must be met in administering the telecommuting program?

1. What is the purpose of this directive? The purpose of this directive is to revise the Federal Highway Administration (FHWA) telecommuting policy to conform to Public Law (P.L.) 106-346, §359 (Department of Transportation (DOT) and Related Agencies Appropriations Act for Fiscal Year 2001).

2. Does this directive cancel existing policy? This directive has been revised to reflect changes in the controlling Department of Transportation telecommuting guidance. FHWA telecommuting policy is unchanged.

3. What is the background concerning this directive? Telecommuting is increasingly viewed as a successful way in which private and public organizations can accomplish work, and possibly achieve savings in operating expenses such as office space costs. This method of work can have positive societal benefits, particularly in the areas of traffic mitigation and air quality improvements. Finally, telecommuting is an attractive option to employees who face difficult commuting conditions in getting to work. This directive restates the support of the FHWA for telecommuting and clarifies the Agency policies for this program.

4. What are the pertinent references with regard to the telecommuting program?

   1. P.L. 106-346, §359 (DOT and Related Agencies Appropriations Act for Fiscal Year 2001). (See http://www.opm.gov/telework/twlaws.asp).

   2. U.S. Department of Transportation Order DOT 1501.1, Subject: Department of Transportation Telecommuting Policy, dated March 26,2003. (See http://dothr.ost.dot.gov/HRPolicy/DOT_ORDER_1501.1.pdf).

5. What are the key definitions used in this directive?

   1. Alternative worksite. An officially approved worksite specifically designated as a place where an employee may work for the purpose of telecommuting. It is not the official duty station to which an employee is assigned. This worksite is within the general commuting area surrounding the official duty station.

   2. Center based telecommuting. A form of telecommuting that is performed on a regular and recurring basis at an office or facility, that is usually closer to an employee's home than the regularly assigned office, for a portion of the workweek.

   3. Eligible employee. A satisfactorily performing employee whose position has work that typically may be performed in a telecommuting status.

   4. Home-based telecommuting. A form of telecommuting that is performed on a regular and recurring basis at the employee's residence for a portion of the workweek.

   5. Official Duty Station. The geographical location to which the employee is officially assigned. The official duty station assignment controls the pay and travel entitlements of the employee.

   6. Task-based telecommuting. A form of telecommuting that permits employees to perform work of limited duration at an alternative worksite other than the official duty station (usually at the employee's home) when the supervisor and employee agree that identified tasks can be performed away from the normal office setting.

   7. Telecommuting. A work arrangement in which an eligible employee performs officially assigned duties at an alternative worksite. This generally includes the employee's home or a satellite facility owned or leased by a DOT Operating Administration, the General Services Administration (GSA), or by another public or private organization where work is performed. Telecommuting may be used on a regular and recurring basis, usually at least one day a week. Telecommuting also may be used on an intermittent basis when specific work assignments are available which would be accomplished satisfactorily while telecommuting for a limited period of time. Managers may determine appropriate telecommuting schedules for employees in their organizations in order to meet business related needs.

6. What are the FHWA telecommuting policies? Consistent with P.L. 106-346, §359, and the DOT telecommuting policy, the FHWA is establishing a telecommuting policy for the effective and efficient conduct of Government and Agency business while allowing employees to work at alternative worksites.

   1. FHWA supports telecommuting. The FHWA encourages the use of telecommuting where it is consistent with specific mission and operating requirements. Telecommuting is consistent with the DOT and FHWA mission, because it relates directly to the goals of reducing traffic congestion and mobile source emissions. This program may also serve as a recruitment and retention tool to obtain the services of employees with skills, which are necessary for success in achieving the Agency's mission and program goals. Telecommuting would permit the employment of individuals who otherwise could not work a conventional schedule or full-time at a given FHWA office location.

   2. Management controls. The FHWA management is responsible for ensuring that the telecommuting program does not adversely impact the organization's mission, office operations, work productivity, customer/public service requirements, or threaten the security of FHWA data, information or equipment. Accordingly, not every position will be deemed eligible for participation. Telecommuting should be considered as one method of performing work, and not an employee entitlement.

   3. Eligibility determinations for telecommuting. The FHWA has not identified any specific group of employees (e.g., engineers, supervisors, human resource specialists, etc.) who will be excluded from participating in the FHWA telecommuting program. Supervisors and managers will determine individual eligibility for telecommuting based upon the position and employee criteria in paragraph 9 below. All employees who are determined to be eligible will be offered the opportunity to telecommute at least one day a week in accordance with the intent of P.L. 106-346, §359. Employees who do not fully meet the criteria, or have other circumstances that would preclude telecommuting at least one day a week, may be offered alternate options for telecommuting. These options include telecommuting one day a pay period or task-based telecommuting.

   4. Voluntary employee participation. Employee participation in the telecommuting program is strictly voluntary.

   5. Management and employee cooperation. Managers, supervisors, and employees are expected to work together to ensure that the telecommuting program will meet the mission and business related requirements of the FHWA while considering the wishes of the employee to telecommute.

   6. Employee responsibility - telecommuting work environment. It is the responsibility of the telecommuting employee to ensure that a safe and productive work environment, which is free from distractions, is maintained at the alternative worksite. While in an official duty status at the alternative worksite, an employee is expected to pay full-time attention to official duties, and to not engage in personal activities such as home repairs, dependent care, or any other non-business related activities. Engagement in such activities will serve as grounds for termination of the telecommuting arrangement, or result in other appropriate Agency action.

   7. Reasonable accommodation. Employees with disabilities may be offered the opportunity to telecommute on the same basis as any other employee.

   8. Budget and equipment issues. The FHWA faces budget constraints in supporting many employee oriented programs, including telecommuting. Managers and employees are encouraged to find and use creative "low cost" solutions to support telecommuting activities. For example, where a telecommuting employee needs computer equipment, an organization could loan an excess computer to the telecommuter, or the individual could use personal equipment. If it were determined that a telecommuter needed to be immediately in communication with the office, the employee or the organization should ensure that such arrangements are provided. Managers are encouraged to carefully consider long term cost implications in reaching decisions about what support (such as digital subscriber line services) will be provided to telecommuters. Determining that a position would be suitable for telecommuting does not obligate the FHWA to purchase equipment specifically for telecommuting. All such arrangements must be handled within the organization's general operating expenses allocation.

7. Who is responsible for the telecommuting program, and what are their responsibilities?

   1. Telecommuting Program Administration. Associate Administrators, the Chief Counsel, Directors of Field Services, Resource Center Managers, Division Administrators, and Federal Lands Highway Division Engineers are responsible for implementing and administering the telecommuting program within their organizational units. These officials are encouraged to develop telecommuting plans, which are in conformance with the policies in this PMM Chapter, tailored to the mission requirements of the organizations that they manage, and at a minimum, cover the specific requirements of paragraph 10 below.

   2. Supervisors' Responsibilities. Supervisors (or if so designated, Team Leaders) are responsible for making determinations about which specific positions are suitable for telecommuting, for making decisions on employee requests to telecommute, and the day-to-day administration of the FHWA telecommuting program in their organizations. Supervisors will document their business related reasons for disapproval of individual telecommuting requests, consistent with the criteria in paragraph 9, and provide these reasons to the employee making the request. In addition, after consultation with employees, supervisors will assess the adequacy of any telecommuting arrangement and take action to continue or terminate it.

   3. Telecommuting Program Technical Support. The Director, Office of Human Resources, is responsible for providing technical assistance to officials who are implementing and administering the telecommuting program.

8. What types of telecommuting are used in the FHWA? The following types of telecommuting are available for use by FHWA employees.

   1. Center-based telecommuting. This type of telecommuting is performed in a telecommuting center. These centers are sponsored by the GSA in partnership with local Governments, universities or private sector companies. These centers provide a professional work environment, including the use of computers, local telephone calls, copying facilities, and limited supplies. Other services may be provided. Official long distance calls are the responsibility of the FHWA. On-site technical assistance is usually available. Most centers require payment of fees for use by FHWA employees. The FHWA will pay the fees for use by its employees. Most of these centers are located in the greater Washington, DC metropolitan area. These centers accommodate employees who participate in telecommuting on a regular and pre-arranged schedule.

   2. Home-based telecommuting. This type of telecommuting is performed at an employee's home on a regular and recurring basis. It usually is pre-scheduled, and is used at least 1 day a week, once a pay period, or on some other regular and recurring basis. The employee is expected to provide a work space which is conducive to safe and effective accomplishment of assigned work and is free from distractions. The FHWA may provide necessary supplies, loaned equipment and computer software, as well as pay the cost of official long distance telephone calls.

   3. Task-based telecommuting. This type of telecommuting can be performed at any alternative worksite; however, it is usually performed at an employee's home. The major difference between task-based and home-based telecommuting is that the former is performed when occasional work assignments are available which could be performed when in a telecommuting status. Task-based telecommuting may be used on a part-day basis when an employee has a personal obligation to fulfill while in a leave status and the employee could work the remainder of the day. There is no minimum or maximum number of times when this type of telecommuting may be used in a given period of time. The use of task-based telecommuting will be determined by the supervisor in consultation with the employee, and will be consistent with program and business needs. Each instance of task-based telecommuting may not exceed 45 consecutive hours or 5 consecutive workdays in duration, whichever is less.

9. Who is eligible to telecommute? All categories of employees are eligible to telecommute. Specific determinations of who may telecommute will be based upon the following position and employee eligibility criteria. The following is not a finite list of criteria. Positions should be carefully analyzed to ensure that they are not excluded from coverage.

   1. Position eligibility criteria. Positions meeting the following criteria are appropriate for telecommuting:

      • (1) Work activities are portable;

      • (2) Data, Local Area/Wide Area Networks, and other systems security requirements, including sensitivity and Privacy Act concerns, are adequately addressed;

      • (3) Necessary material and information can readily be moved to and from the Federal office;

      • (4) Periodically working on site allows sufficient access to necessary specialized equipment;

      • (5) Technology for off-site work is available, if needed;

      • (6) Close supervision or daily input from sources accessible only on site is not required;

      • (7) Contact with employees and customers can be performed electronically or by telephone without adversely affecting customer service or productivity;

      • (8) Budget constraints do not prevent FHWA support for the telecommuter occupying the position; and

      • (9) Other position characteristics that management determines to be appropriate.

   2. Employee eligibility criteria. In addition to meeting the position criteria described above, employees must:

      • (1) Maintain a performance rating of at least "Meets or Exceeds Requirements" (i.e., "fully successful," or the equivalent), with no documented need to improve performance;

      • (2) Meet Federal Government and Agency standards of conduct; and

      • (3) Comply with the terms of the FHWA telecommuting policy and agreement.

   3. Limitations. While some positions may not appear to be eligible, certain job assignments or functions assigned to such positions may well be performed while telecommuting on a limited basis. There will be situations where individuals who telecommute will be asked to temporarily terminate the arrangement in order to meet specific unit requirements or otherwise cancel telecommuting day(s) in order to meet official obligations such as office meetings. In addition, supervisory judgment should be used in determining whether it is appropriate for an employee to telecommute while he/she is working under an alternative work schedule arrangement.

10. What specific requirements must be met in administering the telecommuting program? The following requirements must be met, or included in any local plan that is developed to supplement this guidance.

    1. Customer service. Customer service is an important element in the accomplishment of the FHWA mission. Requirements for, and methods to maintain customer service by telecommuting employees should be explicitly considered in the development of any local plans.

    2. Position designations. Determinations regarding specific positions, which will either be covered by, or excluded from, telecommuting will be made in accordance with the position and employee eligibility criteria in paragraph 9, above.

    3. Telecommuting agreements. Employees and supervisors must complete the appropriate forms, indicated below, prior to beginning any form of telecommuting. This will document both parties' understanding and agreement to the terms and conditions of the telecommuting arrangement.

       Forms Needed for the Type of Telecommuting	Type of Telecommuting
       	Center-based Telecommuting	Home-based Telecommuting	Task-based Telecommuting
       Telecommuting Agreement (Home, Center, or Task-Based)	X	X	X
       Task-Based Telecommuting Specific Assignment Documentation			X
       Supervisor-Employee Telecommuting Check-out List	X	X	X

       If a telecommuting arrangement has an adverse impact on FHWA program or mission accomplishments, or the participating employee no longer meets eligibility criteria, the supervisor shall take appropriate action to terminate or modify the agreement.

    4. Training. Employees and supervisors should: (1) participate in a telecommuting orientation; (2) refer to the more detailed information posted on the FHWA StaffNet; or (3) participate in some other similar activity to ensure an understanding of telecommuting requirements and practices. This should be completed prior to allowing an employee to telecommute. The purpose is to familiarize both the supervisor and employee with elements of the FHWA telecommuting program including specific issues such as strategies for effective telecommuting, managing for results, effective communications, work plans, and the program requirements.

    5. Conduct. Employees are expected to adhere to Federal Government and FHWA standards of conduct while in a telecommuting status.

    6. Performance. Supervisors and employees must discuss performance expectations and have a clear understanding of work objectives, desired results, evaluation criteria, and measurement tools to assess the work that is accomplished. The performance elements and standards of telecommuters will not be modified as a result of participating in the telecommuting program. Telecommuting employees are expected to perform at least at the same level as similarly situated non-telecommuting employees. The supervisor and employee should regularly review and discuss actual versus expected performance.

    7. Dispute Resolution. Supervisors and employees are strongly encouraged to informally resolve differences and disputes which may arise in connection with telecommuting issues. However, if such efforts fail, any dispute will be resolved by use of the Agency grievance process.

    8. Reporting. At a minimum, the FHWA will be required to report quarterly on the use of telecommuting. Upon receiving such requests, units within the Agency will be requested to provide needed information that will be used to provide a consolidated report on the use of telecommuting in the FHWA.

TELECOMMUTING AGREEMENT PROVISIONS

Voluntary Participation

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.

Official Duties

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.

Leave

Employee will follow established office procedures for requesting and obtaining approval of leave.

Overtime

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.

Equipment/Supplies

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.

Liability

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.

Injury Compensation

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.

Work Assignments

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.

Performance

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.

Disclosure

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.

Cancellation

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.

Other Action

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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