United States Department of Agriculture
Research, Education, and Economics

ARS * CSREES * ERS * NASS
Policies and Procedures

 

 

Title: ARS Flexible Workplace Program
Number: 402.5 - ARS
Date: March 16, 2002
Originating Office: Human Resources Division, AFM/ARS
This Replaces: 402.5 dated 07/30/1991
Distribution: ARS Headquarters, Areas, and Locations

 

 

 

This P&P contains ARS policy and responsibilities for establishing flexible workplace arrangements, also referred to as flexiplace and telecommuting. Authority to approve flexiplace agreements is delegated to Area/NAL Directors and HQ Staff Heads.

 

 


Table of Contents

1. Introduction
2. Policy
3. Reference
4. Coverage
5. Program Description/Procedures
6. Summary of Responsibility
7. Glossary


1.    Introduction

The President's Council on Management Improvement implemented the Federal Flexible Workplace Pilot Project ("Flexiplace") in 1990. The Pilot Project was successful, regulations were put in place, and agencies were encouraged to implement Flexible Workplace Programs (FWP). Subsequent reports recognize that new approaches are needed in the workplace to reinvigorate government, increase productivity, and improve employees' quality of work life and morale. The U.S. Office of Personnel Management has issued numerous recommendations to all Federal agencies to create "family friendly" workplaces.

The FWP is one program management can make available which meets the criteria for innovative government, increasing productivity, and meeting employee quality of worklife/morale needs.

The Flexible Workplace Program is also referred to as FWP, flexiplace, and telecommuting. These terms will be used interchangeably in this P&P.


2.    Policy

It is ARS policy to allow employees to participate in the FWP when advantageous to the Agency. Work can be performed either at home or at a Federal telecenter. The FWP is a voluntary program. It will be established and administered according to the procedures detailed in this P&P.


3.    References


4.    Coverage

All ARS employees are eligible to participate in the Flexible Workplace Program subject to all of the following:

  1. The arrangement must be in the best interest of the agency.

    Flexiplace is not an employee right or entitlement. The agency must benefit in terms of productivity, less use of leave, or retention of critical skills, when a flexible workplace agreement is executed. Staffing levels will not be increased in order to provide office coverage so that employees may participate in flexiplace.

  2. Work must be the type that lends itself to FWP arrangements.

    Flexiplace cannot be implemented for all occupations. If the work being performed can only be performed at the official duty station, then flexiplace is not an option. Examples are: if access to specific computer programs necessary to perform the work is not available at the alternative worksite; the work is site specific, as in conducting laboratory research or field plot studies; or animal care. Careful analysis is needed to determine whether it is feasible for the work to be done at an alternate location.

  3. The employee must have worked in ARS for at least 6 months (except in certain cases when a supervisor is hiring a person with a disability).

  4. The employee must have a work history showing reliability and responsibility; ability to establish priorities and manage time, and a history (pattern) of fully successful performance ratings.

  5. A duly executed FWP Agreement must be in place.

The supervisor is responsible for deciding if the work of a position is appropriate for an alternative work site.

Excluded Positions

The following positions are excluded from participation in the FWP:

 

5.    Program Description/Procedures

Advantages of Flexiplace

Increases productivity, more timely completion of work, and better quality work as reported by employees, supervisors, and customers. Greater productivity occurs because of fewer interruptions and greater ability to concentrate, less socializing, and less use of leave.

Enhances quality of life and employee morale by reducing commute time, thereby allowing more time for family, civic, and social commitments.

Creates job opportunities for people with disabilities.

Accommodates employees who have temporary or continuing health problems.

Decreases traffic and parking congestion, energy consumption, and air pollution.

Potentially enhances recruitment and promotes diversity by expanding the geographic recruitment pool.

Provides services when the official duty station is closed, e.g., after a natural disaster or during an energy or transportation emergency.

Types of Agreements

There are three types of FWP agreements: Long Term, Infrequent/Short Term, Medical/Disability.

Long Term Agreements are executed when an employee has a regular flexiplace schedule. Employees may work up to two days per week at the alternate work site. Employees are required to work at least 3 days per week at the official duty station unless they have an approved medical reason for not doing so.

Management retains the right to have an employee report to the official duty station on days the employee would normally work at an alternative work site. This does not give the employee the right to work at the alternative work site on a different day. The long term agreement specifies which days are flexiplace days, and the employee must seek advance approval from the supervisor prior to making any changes in the scheduled flexiplace days.

Infrequent/Short Term Agreements may be used in situations where a person needs a few days of uninterrupted time to perform a specified task or project, and the person's presence is not required at the official duty station. The reason for the arrangement will be spelled out in the FWP agreement between the supervisor and the employee requesting the FWP. Work time outside the office may be a period as agreed upon by the supervisor and the employee.

NOTE: Non-work related factors (such as presence required for home repairs, dependent care, etc.) will not be a consideration in the decision to authorize a short term alternative work site arrangement.

Medical/Disability Agreements: Occasionally, employees may have serious medical conditions which require recovery at home but are not completely disabling. An FWP agreement could be approved in these situations provided the employee submits written medical evidence stating that the performance of assigned duties will not adversely affect the employee's health or medical condition and that the employee is able to do the work. The medical documentation should include a statement from the attending physician as to the number of hours each day/week the employee can work. The work period for medical/disability agreements is exempt from the requirement that the employee must spend three days per week at the official duty station.

Approval of an FWP agreement under these conditions should be made judiciously and on a case-by-case basis. Consultation with the Human Resources Division (HRD), Employee Relations Branch, and, in some cases, the Department's Medical Officer, is advisable.

A supervisor desiring to hire a disabled employee may use this type of arrangement to facilitate that recruitment. In this situation the employee is exempted from the rule that they have to have worked for ARS for at least 6 months prior to entry into the program.

Prohibitions

OPM regulations specifically prohibit executing a flexiplace agreement and using duty time for child care or other dependent care purposes, or for any purpose other than official duties, whether long term or infrequent/short term (e.g. to care for a sick child, spouse, or parent, or to await the arrival of a repair or delivery person).

Implementation

An FWP Coordinator must be designated in each Area/HQ staff.

Prior to implementation in an entire organizational unit or location, pilot testing the FWP is strongly recommended.

Supervisors and Employees must receive an orientation into the program prior to executing an agreement. Minimum orientation consists of reading and understanding the contents of this P&P and reviewing the information regarding Telecommuting on the OPM Family Friendly Workplace Website cited above under References. Videos and written materials on telecommuting are also available from the SMART Center located in HRD.

The union must be notified prior to implementation in an organization if bargaining unit employees are affected.

Annual review: Each FWP agreement will be established for any period of time not to exceed one year, and must be reviewed annually to determine if the agreement should be continued/discontinued, or if changes to the agreement are needed.

Records Maintenance

A copy of the approved agreement must be returned to the employee.

The immediate supervisor is responsible for maintaining the official copy of the agreements for employees in the work unit.

Occasionally, the agency will be required to report to OPM or other government organizations the number of employees who are participating in the FWP, which will require a data call.

Impact on Position Descriptions, Performance Standards, Work Schedules, Leave, Overtime, Emergency Closure

There is no need to modify position descriptions or performance standards for an employee covered by a flexiplace agreement. The work has not changed, just the location at which the work is performed. Employees are expected to adhere to performance standards for their work regardless of work site. Inability to meet performance standards would be cause to terminate the flexiplace agreement.

Likewise, work schedules need not be modified; however, an employee may be able to start work earlier under the flexiplace arrangement due to the time saved by not commuting. The work schedule for days of flexiplace should be specified in the flexiplace agreement.

Employees must obtain prior supervisory approval to work overtime, comp time, credit time, and to use leave, on their flexiplace day(s).

A telecommuting employee may sometimes be affected by an emergency and may be excused from work.

If the work is disrupted at the alternative work site, for example, loss of electricity, the supervisor must be notified as soon as is practical. After discussion with the employee, the supervisor will make the determination as to whether any work can be performed at the work site, whether administrative leave would be appropriate, or whether the employee should proceed to the official duty station. In the latter case, the employee may request, and the supervisor may approve, leave for the portion of the remaining workday.

If the official duty station is closed after the workday begins for reasons affecting the geographic area (for example, early dismissal due to snow or other adverse weather conditions), the supervisor should grant excused absence for the remainder of the workday following what would be the employee's authorized time of dismissal.

If the official duty station is closed after the workday begins for reasons affecting only the individual location or building (for example, early dismissal due to loss of electricity or water) the supervisor may excuse a telecommuting employee if he or she cannot perform work because employees or systems at the official duty station are not available.

If there is an announcement that "Federal agencies are closed" before the workday begins, telecommuting employees are excused from duty without loss of pay or charge to leave.

Office Space Requirements

In a work-at-home situation: The employee must describe their work space in the flexiplace agreement and take proper security measures so that work products are kept secure from unauthorized access. The management unit may provide equipment (loaned) if there is excess equipment available. Government-owned equipment is to be used only for official work purposes. Management is not required to provide equipment, and will not provide furniture. Management will provide E-mail and word processing software.

The loan of equipment or software to an employee for the purpose of telecommuting will be documented via form REE-1, Receipt for Loaned Property. All loaned equipment must be returned to the official duty station at the conclusion of the period of the telecommuting agreement or if the employee leaves their position or the agency.

Management will not provide a second telephone line for E-mail use. The agency will normally not require the employee to have a second line, but if the supervisor determines that a second line is needed, then the employee will incur the cost.

Calling cards will be used by employees whose work requires contact with customers via long distance.

The agency will not pay for utility costs, including basic telephone service, of an employee on flexiplace.

The employee is responsible for ensuring the safety of the work-at-home office space. Management may require completion of a workplace safety checklist prior to approving the flexible workplace agreement. (An example of a safety self-certification checklist can be found at www.opm.gov/wrkfam/telecomm/selfcert.htm.

Supervisors may conduct periodic inspections of an employee's alternative work site. At least 8 work hours advance notice is required. Inspections will be done during employee's normal working hours. The purpose of the inspection would be to evaluate proper maintenance of government-owned property and conformance with work safety standards and other specifications in this P&P.

At a telecenter: An MOU must be executed with a Federal telecenter prior to an employee being able to work there. Telecenters are fully equipped with computers, printers, phones, fax, and copy machines; therefore the agency does not provide any equipment for employees telecommuting at a telecenter. The management unit will need to work with the telecenter director to install/configure software needed by the employee and to negotiate an MOU to cover fees for loading and configuration of software and for the use of the telecenter. Costs for the telecenter will be incurred by the management unit, but there is no requirement that a supervisor must approve an employee to work in a telecenter.

A listing of Federal telecenters can be found at www.gsa.gov/pbs/owi/telecenters.htm or contact the ARS Flexible Workplace Program Coordinator in the HRD.

Security

Employees are responsible for maintaining the security of the equipment, work products, and software, whether telecommuting from home or from a telecenter. This includes using passwords on computers, and guarding sensitive information, either on the computer or in hard copy, from being observed by others.

Government equipment and software is to be used for official business only.

Telecommuters should follow agency specified procedures for disposal of sensitive information, and removing sensitive information from a computer prior to having it serviced. Additional information on security issues, procedures, and precautions can be obtained from agency security officials.

Termination of a Flexiplace Agreement

The employee or supervisor may terminate the agreement at any time, by providing written notification. Normally termination would be effective at the beginning of the next pay period.

Participation in the FWP is not a right of the employee. Because this is a management option, there is no automatic right of the employee to continue in the FWP if there is a change in supervision. The new supervisor should review all FWP agreements in place in the unit and initial their concurrence - there is no need to send the agreements for higher level approval unless a change is made in the agreement.


6.    Summary of Responsibilities

The Administrator, ARS

ADs/HQ Staff Heads

LAO/AAOs /FWP Coordinator (HQ Staffs)

Supervisors


Employees

Human Resources Division (HRD)


7.    Glossary

AD. Area Director.

Alternative Work Site. Any location other than the official duty station at which an employee is designated to work while not at the official duty station. The alternative work site will be identified in the Flexible Workplace Agreement.

FWP. Flexible Work Place or Flexiplace.

HRD. Human Resources Division.

LAO/AAO. Location/Area Administrative Officer.

MOU. Memorandum of Understanding.

OPM. Office of Personnel Management

Official Duty Station. The "regular" Federal office is the official duty station for the purposes of flexible workplace arrangements. It is also the official duty station for purposes of locality -based comparability payment, special salary rates, travel allowances, and relocation expenses based on duty station.

Telecommuting. Performance of work at an alternative work site under a Flexible Workplace Agreement.

Telecommuting Center. A work site designated as a Federal Interagency Telecommuting Center, fully equipped with telephone lines, personal computer, copiers, printers, faxes, etc., established for the purpose of allowing Federal employees to perform work at a site other than their official duty station.





EXHIBIT 1: FREQUENTLY ASKED QUESTIONS
EXHIBIT 2: FLEXIBLE WORKPLACE AGREEMENT
EXHIBIT 3: FLEXIBLE WORKPLACE CONSIDERATIONS CHECKLIST

W. G. HORNER
Deputy Administrator
Administrative and Financial Management


Exhibit 1

FREQUENTLY ASKED QUESTIONS

1. Q. Does an employee have a right to telecommute?

A. No. Management decides whether the employee can work off-site. Both management and the telecommuter have the right to terminate the FWP arrangement.

 

2. Q. Who will determine which employee and/or job will be appropriate?

A. Participation in the FWP is voluntary. Employees who wish to participate should first contact their supervisor. Supervisors have the responsibility to determine whether the factors on the Flexible Workplace Considerations Checklist (Exhibit 3) are met. The Area Director/HQ Staff Head is responsible for final approval of the FWP agreement. Approval must be received prior to the effective date of the FWP agreement.

 

3. Q. What qualifications will the employee need?

A. The work characteristics of the employee are important. The employee should be organized, disciplined, and a self-starter who would need little supervision. The employee must have the ability to establish priorities, manage his or her own time, and have a proven track record of personal motivation reflected in past performance ratings. See the Flexible Workplace Considerations Checklist (Exhibit 3).


4. Q. Won't work suffer without direct on-site supervision?

A. Experience in other organizations has shown that the opposite is more often the case.
Employees working away from the official duty station often have fewer interruptions and distractions and have strong incentive to demonstrate the value of working at alternative work sites.


5. Q. What impact on the office would an employee create when working off site?

A. The FWP should not put a burden on the staff remaining in the office. Job requirements must take precedence over work site privileges. A supervisor may require an employee to work at the office on a scheduled off-site day if the need arises.


6. Q. What equipment will the employee need at the alternative work site and who will provide it, pay for it, and maintain it?

A. Equipment requirements are assignment dependent and shall be addressed in the work agreement and checklist. ARS will not consider payment of expenses for the sole purpose of an employee participating in the FWP. If government-owned property is not available, it is the responsibility of the employee to provide any and all necessary equipment for the sole purpose of working at an alternative work site. ARS will not pay for repair of employee-owned equipment. It is the employee's responsibility to return agency-owned equipment to the official duty station for repair.


7. Q. Are there limitations to the employee's tour of duty at the alternative worksite?

A. Maxiflex rules on hours of duty (P&P 402 402.1 Flexible Work Schedule), consistent with the requirements of the official duty station and local union agreements, apply to FWP employees.


8. Q. How are telephone calls handled?

A. It is recommended that call forwarding be used in all situations where technology permits. If the technology for call forwarding is not available, the employee should record a voicemail greeting advising the caller of the phone number at which they can be reached, or if the employee prefers not to give out their home phone number, they should use the following or similar message:

"This is [name] of the [unit]. Today is [date]. I am working at an alternative worksite today. Please leave your name, phone number, and a brief message, and I will return your call. I will be checking my phone messages once every hour. If you need to speak with someone immediately, please call [name, number]."

It is the employee's responsibility to check for messages at least once every hour.
An employee's telecommuting should not cause an inconvenience to the caller.

9. Q. What would be the maximum number of employees out of the office on one day?

A. There are no agency requirements on the number of employees who must be present on any given workday. The supervisor is responsible for maintaining adequate coverage to ensure that customer service is provided.


10. Q. What happens if there are systems problems (i.e., if the LAN were down more than 30 minutes?)

A. FWP employees need to have additional work on hand which they can perform if the LAN or other system is not available. If the problem persists, the employee should contact the supervisor. The employee may need to come to the official duty station or request leave.


11. Q. Is a second telephone line a requirement?

A. It depends. If continuous or frequent access to the LAN is required, then a second elephone line is strongly recommended. The supervisor is responsible for making this determination. The expense of the second line will not be incurred by the Agency.


12. Q. How is the scheduling of meetings handled for FWP employees?

A. The completion of an assignment or job responsibility takes priority over an employee's FWP privilege. By using the E-mail or other electronic communications, meetings can be scheduled around days an employee works at an alternative work site. FWP employees may participate in certain meetings through teleconferencing. The supervisor may require the employee to come into the official duty station if the employee's presence is needed. The employee may not claim mileage for these trips.


13. Q. How can the supervisor monitor work performance when the employee is at the alternative worksite?

A. Supervisors can measure employee performance by reviewing the employee's work. Supervisors may require the use of work logs, project schedules, regular status reports, and/or team reviews.


14. Q. Can an employee use Telecommuting to help with child or other dependent care needs?

A. Employees shall not, under any circumstances, care for children or other dependents while in duty status at an alternative worksite. In the event of an emergency, the employee will be placed in leave status. However, Telecommuting can provide valuable assistance with dependent care since less time will be spent commuting.



Exhibit 2

ARS Flexible Workplace Agreement



The following is an agreement describing the terms and conditions of the FWP arrangement between the Agricultural Research Service (ARS) and the employee.

____________________________________________________________________________
Employee Name Organizational Unit


1.     Employee has read P&P 402.5 ARS Flexible Workplace Program, the Flexiplace Handbook, and if possible
        has attended a Flexiplace orientation session.

2.     Employee volunteers to participate in the FWP and to adhere to the applicable guidelines and policies.
        ARS concurs with the employee participation and agrees to adhere to the applicable guidelines and policies.

3.     Type of agreement: a.- Long term:

b.- Infrequent/Short term:

c.- Medical/Disability:

4.     Telecommuting start date: __________________; end date: ___________________.
        (Note: End date should be no more than one year after start date. FWP agreements should be reviewed
         for renewal at least on an annual basis.)

5.     Employee's official duty station address is:
        ______________________________________________________________________

        Employee's alternative work site address is:
         ______________________________________________________________________

6.     Describe the designated work area in the alternative work site :
        ____________________________________________________________________________________________________________________________________________

7.     Adequate and safe office space and/or area has been discussed, and the employee certifies that their work
        space is safe. If the alternative work site is the employee's home, by signing this agreement the employee
    
    certifies that the home work area is safe, free of obstructions and hazardous materials, and in compliance
        with building codes.

8.     Telephone number that will be published for calling the telecommuter: (Note: The employee is not required to
         publicize their home phone number. If using their official duty station phone number, they should leave an
         appropriate voicemail
greeting and check for messages at least once each hour.

        Telephone number of the second line (if required):

9.     Employee's tour of duty at the official duty station will be:
         from ____________ to____________ on the following days:
        _________________________________________________

        Employee's tour of duty at the alternative work site will be:
        from ____________ to____________on the following days:         _________________________________________________

 

        Example for long-term agreement:

        At official duty station 8:00 a.m. to 4:30 p.m. on Tuesday through Friday of each week.
        At alternative work site 7:30 a.m. to 4:00 p.m. every Monday.

        Example for short-term agreement:

        At official duty station 8:00 a.m. to 4:30 p.m. Monday through Friday.
        At alternative work site 8:00 a.m. to 4:30 p.m. on days specifically requested.

10. Employee's most recent performance rating must be at least fully successful.

11. All pay, leave, and travel entitlements will be based on employee's official duty station.



12. Employee's time and attendance will be recorded as performing official duties at the official duty station.



13. Employees must obtain supervisory approval before taking leave in accordance with established office procedures. By signing this form, employee agrees to follow established procedures for requesting and getting approval of leave.



14. Employee has been issued the following agency equipment: ____________________________ _______________________________________

An REE-1 has been completed for each item.



15. Only approved overtime will be compensated in accordance with applicable laws and regulations. Overtime work which is not ordered and approved will not be compensated and may result in termination of the FWP agreement.


16. If employee is issued government equipment, employee is accountable for the proper use, security, and care of it. Employees may be held financially responsible when Government property is lost, stolen, or damaged due to carelessness or negligence. An employee's liability will depend upon all the circumstances surrounding each case. Government-owned equipment will be serviced and maintained by the Government. Employees are responsible for servicing and maintaining their own equipment.

 

17. Provided at least 8 work hours advance notice is given, employee agrees to permit periodic inspections of their alternative work site. Inspections are to be done during employee's normal working hours. Proper maintenance of government-owned property and conformance with work safety standards and other specifications in these guidelines will be evaluated.

 

18. The government will not be liable for damages to an employee's personal or real property during work or while using government equipment in the employee's residence, except to the extent the government is held liable by Federal Tort Claims Act or claims arising under the Military Personnel and Civilian Employee Claims Act.



19. By participating in this program 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.



20. Employee is covered under the Federal Employee's Compensation Act if injured in the course of actually performing official duties at the official or alternative work site. Any accident or injury occurring at the alternative work site must be brought to the immediate attention of the supervisor. Because an employment related accident sustained by a FWP employee may occur outside the premises of the official duty station, the supervisor must investigate all reports immediately following notification.



21. Employee will complete all assigned work according to work procedures mutually agreed upon by employee and supervisor and according to guidelines and standards stated in the employee's performance plan.



22. Employee's current performance plan contains performance standards covering work completed at the official duty station as well as work completed at the alternative work site.



23. Employee's job performance will be evaluated on the basis of criteria determined by the performance elements and standards and statement of FWP work.



24. Policies and procedures covering classified, secure, or privacy act data have been discussed, and are clearly understood.



25. Employee will adhere to P&P 158.1, Freedom of Information Act and Privacy Act Guidelines, with respect to the safeguarding and the release of information.



26. Either employee or supervisor may terminate this FWP arrangement at any time. Management has the right to remove employee from the arrangement if the employee's performance declines or if the arrangement fails to benefit organizational needs. Such removal must be accomplished in accordance with AFM FWP guidelines.



27. Employee agrees to perform only officially assigned duties at the official duty station or ARS approved alternative work site. Failure to comply with this provision may result in loss of pay, termination of the FWP arrangement, and/or other appropriate disciplinary action.







______________________________________________

Employee Signature Date



_____________________________________________

Supervisor Signature Date



______________________________________________

Second Level Supervisor Signature Date



______________________________________________

Area/NAL/Staff Director Signature Date


* * * * * * *


Exhibit 3

FLEXIBLE WORKPLACE CONSIDERATIONS CHECKLIST

Prior to executing a flexible workplace arrangement, the employee and supervisor must consider the following factors:

A. Work Characteristics.

1. Does the work to be done lend itself to a flexiplace arrangement (examples of types of work that might fit into a flexiplace work schedule include data analysis, reviewing grants or cases, writing reports, etc. Determination of this factor is the responsibility of the supervisor.)

2. Do the duties require any of the following on a daily basis? If so, the duties may prevent participation in the Flexible Workplace Program.

- Face-to-face contact between the employee and customers, co- workers, and/or supervisors?

- Access to equipment, hardcopy documents, files, animals, plants, or other research materials, that are only available and accessible at the official duty station.

- Are there confidentiality or security aspects that require that the work be stored in a Federal facility or special storage container? (Examples might be OPFs, budget, or grievance information.)

- Access to information stored or accessible only on or through the LAN at the official duty station or other location (such as NFC)?

- Communications, hardware, or software capabilities which are not available at the alterative worksite?

 

B. Employee Attributes. Is the employee:

1. capable of working independently?

2. organized?

3. self-disciplined?

4. a self-starter?

5. able to establish appropriate priorities and manage time effectively?

C. Alternate Worksite Environment. Can the employee identify and maintain suitable work space at the alternative worksite?



D. Supervisor Characteristics. Is the supervisor willing and able to:

1. Manage the employee by product or results rather than daily direct supervision?

2. Shift employees' work schedules to ensure that critical jobs are covered at the central office?

3. Give clear direction and priorities, and allow the employee to work on their own for long periods of time (up to two days per week)?