TELECOMMUTING
RESOURCE PAGE
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[Telecommuting Policy]
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TELECOMMUTING
POLICY
Purpose
The purpose of this policy is to establish
a telecommuting program for the U.S. House of
Representatives and to set forth the guidelines
and rules for employing offices that choose to
establish their own telecommuting program.
Telecommuting
is entirely at the discretion of the employing
office. An employing office is under no obligation
to offer a telecommuting option to employees.
Telecommuting is not a right or benefit.
Termination/Suspension
of Telecommuting
The
employing office may terminate the telecommuting
program for any reason, at any time.
The
employing office may cancel or suspend an individual
telecommuting agreement at any time.
Definitions
Telecommuting
is a working arrangement, mutually agreed
upon by the employee and the employing office,
whereby the employee works at an alternative
work site on specified days and/or for specified
hours.
Central
Work Site
is the primary, traditional workplace, the
employees official duty station, that
serves as the business address for the employing
office. In the event that there is more than
one business address for the employing office,
the central work site is that to which the employee
is assigned for the purpose of meeting with
supervisors, co-workers and clients.
Alternative
Work Site
is a location other than the central work
site that has been approved by the employing
office for use by qualified employees as a location
from which the employees may telecommute (e.g.,
residence or telecommuting center). The alternative
work site may not be a political, campaign,
or commercial office.
Employment
Status
Telecommuting
is an option of the employing office rather than
an employee benefit, and it does not change the
terms and conditions of employment. The telecommuting
employee remains at will and serves at the pleasure
of the employing office. Accordingly, the employee
has the right to resign from the position at any
time, and the employing office can terminate the
employment relationship, with or without cause,
or with or without notice, at any time, except
that the employing office cannot terminate employment
for discriminatory reasons in violation of applicable
federal law or Rules of the House of Representatives.
Participation
and Pre-Conditions
The
employing office will establish employee selection
criteria and select eligible employees. Only employees
may participate in a telecommuting program.
Telecommuting
employees are required to sign a Telecommuting
Agreement prior to participation in the employing
office's telecommuting program.
The
considerations for selection may include:
-employee
work habits: the employee must have a demonstrated
ability to work without direct supervision,
must be organized, disciplined, able to work
independently, meet deadlines, and manage distractions;
- employee job responsibilities: the position
must be one which requires minimum levels of
supervision;
- the employee's need for specialized materials
and/or equipment must not pose an undue hardship
upon the employing office;
- the employee's assignments and duties must
be such that there is no difference in the level
of service provided to or by the employing office
as a result of the telecommuting arrangement;
and
- telecommuting may not adversely affect the
employee's job performance or affect the duties
and responsibilities of co-workers.
Generally, telecommuting is not suitable for
new employees, employees who require close supervision,
or employees who require interaction with co-workers.
Alternative
Work Site
The
telecommuting employee should have a clean, safe
room or area that is designated for the performance
of official duties.
Health
and Safety
The
alternative work site must be assessed by the
employing office to be safe and suitable for telecommuting
purposes. The Health and Safety Questionnaire
created by the Office of Compliance provides guidance
on relevant health and safety issues. The employee
is responsible for completing the Health and Safety
Questionnaire created by the Office of Compliance
and forwarding it to the employing office. The
employee also may be required to allow the General
Counsel of the Office of Compliance to inspect
the work site as part of the Office of Compliance's
Safety and Health Inspection or investigations.
The
primary responsibility for the personal safety
of the employee, regardless of work site, remains
with each individual employee. The alternative
work site must be in compliance with applicable
health and safety regulations. If the alternative
work site is a private home, telecommuting employee
is responsible for ensuring that the home complies
with health and safety requirements.
The
employing office may deny an employee the opportunity
to telecommute or may rescind a telecommuting
agreement based on the existence or suspected
existence of unsafe working conditions or hazardous
materials in or at the alternative work site.
The employing office may also have the alternative
work site inspected for compliance with health
and safety requirements. Inspections will be by
appointment only.
Telecommuting
employees should follow basic safety precautions,
including but not limited to:
-avoiding
obstructions in the workplace;
-maintaining a clean workplace;
-eliminating trip-and-fall hazards;
-ensuring proper lighting, ventilation, and
furniture; and
-taking fire safety precautions (e.g., smoke
detectors);
If an employee incurs a work-related injury
while telecommuting, workers' compensation law
and rules apply. A telecommuting employee must
notify their employing office immediately and
complete all necessary and/or employing office
requested documents regarding the injury.
In
the event of a job-related incident or accident
during telecommuting working hours, the employee
must immediately report the incident to the
employee's supervisor. The employee must allow
agents of the employing office to investigate
and/or inspect the alternative work site in
the event of injury, theft, loss, or tort liability
related to the telecommuting work arrangement.
Meetings
Unless
permitted by the employing office, the telecommuting
employee may not meet with clients, customers,
the public, professional colleagues or other staff
members the public at his or her alternative work
site. Official meetings whenever possible should
be scheduled in a public place.
Insurance
and Taxes
Employees
are advised to consult with their insurance agent
and a tax consultant for information regarding
home-work sites. Individual tax implications,
auto and homeowner's insurance, and incidental
residential utility costs are the responsibility
of the employee.
Care
of Dependents
Care
of dependents should not interfere with a telecommuting
employee's ability to perform official duties
commensurate with the compensation received from
the offices of the employing authority.
Costs
Only
specifically authorized telecommuting expenses
are reimbursable. If the employing authority has
authorized the telecommuter to conduct work at
a fee-based telecommuting center, charges related
to use of such centers are reimbursable.
Telephone
calls and telecommunications charges are reimbursable
in accordance with Committee on House Administration
regulations.
Ordinary
and necessary office supplies are reimbursable.
Use
of Franked Mail
The
employing authority (Member, Chairman, Officer)
must account for any mail sent under the frank
from an alternative work site on a Certification
of Franked Mail (http://onlinecao.house.gov/postalops/districtmail.htm)
form. Each telecommuting employee must complete
this form on a monthly basis and forward it to
the central work site on the last business day
of the month. The completed form must be filed
with the Office of Postal Operations by the second
business day of the following month. The completed
certification must bear the employing authority's
original signature certifying its accuracy. In
the case of a Member office, the information on
the form should be incorporated into the consolidated
certification covering all of the Member's district
offices and/or alternative work sites.
Supplies
and Equipment
The
employing office may provide ordinary and necessary
office supplies to the telecommuting employee.
Except
for telecommuters utilizing commercial or government
telecommuting centers, the telecommuting employee
may only use computer hardware and software supplied
by the House. The House retains ownership and
control of any and all hardware, software, equipment,
data or documents placed in alternative work site.
Only portable (e.g., desktop or laptop computers,
portable facsimile machines, and portable copiers)
House equipment may be transferred to the alternative
work site.
Employees
using commercial or government telecommuting centers
may utilize equipment provided at such centers.
Use of computers at such centers is governed by
applicable House policies. To assist with this
process, users are required to follow House Information
Resources information security precautions and
network computer configuration guidelines.
Telecommuting
employees shall be in compliance with all House
policies and employing office guidelines for uses
of computer hardware and software, including:
-installing
virus and surge protection on home computers;
-compliance with software licensing provisions;
-duplication of employing office-owned or licensed
software;
-maintaining system security;
-access to files; and
-use of passwords.
The employing office may pursue recovery from
the employee for employing office property that
is deliberately, or through negligence, damaged,
destroyed, lost or stolen while in the employee's
care, custody, or control. The employee is responsible
for reimbursement for theft, damage or destruction
of employing office property at the alternative
work site.
The
employing office shall maintain a central inventory
of the office equipment and software issued
to the telecommuting employee for use at the
alternative work site. All employing office
equipment and software used at the alternative
work site must be noted on the Telecommuting
Agreement.
Maintenance,
Repair and Replacement
Maintenance,
repair, and replacement of equipment belonging
to the House of Representatives issued to telecommuters
will be the responsibility of the employing office.
Note: Such maintenance, repair and replacement
only covers normal use and wear it does not cover
maintenance, repair or replacement of equipment
that is damaged or altered as a result of negligence
or deliberate action, destruction, loss or theft.
In
the event of equipment malfunction, the telecommuting
employee must notify his/her supervisor immediately.
All repairs to equipment belonging to the House
of Representatives must be conducted at the central
work site. The telecommuting employee is responsible
for returning malfunctioning equipment to the
central work site for repair. Vendors, contractors,
and employees of the Officers of the House may
not be sent to the telecommuting site. If repairs
will take some time, the telecommuter may be asked
to report to the central work site until the equipment
is usable.
Repair
and/or replacement costs for privately owned equipment
and furniture used during telecommuting are the
responsibility of the employee.
Applicable
Rules and Regulations
An
employee with a telecommuting work arrangement
is covered by the same rules, regulations and
procedures applicable to all employees of the
employing office, including those set forth in
Committee on House Administration regulations,
the employing office's employee manual, the Rules
of the House of Representatives, applicable federal
laws, and the guidance of the House Committee
on Standards of Official Conduct. Violation of
any of these rules, regulations, procedures or
laws may result in disciplinary action up to and
including termination of employment.
Work
schedules must comply with the Congressional Accountability
Act and regulations promulgated there under.
Confidentiality
and Security
Products,
documents, and records used and/or developed while
telecommuting shall remain the property of the
employing office, and are subject to House and
employing office policies regarding confidentiality
and records retention requirements.
An
employee served with a subpoena for employing
office or House documents or files located at
the alternative work site remains bound by House
Rule VIII, and should contact the Office of General
Counsel, (202) 225-9700, for guidance.
Restricted-access
materials shall not be taken out of the central
work site or accessed through the computer at
the alternative work site unless approved in advance
and in writing by the supervisor.
Electronic
products, documents and records used and/or developed
or revised while telecommuting must be copied
or restored to the employing office's computerized
records. Electronic records and files temporarily
stored on the employee's personal computer must
be stored in such a manner that will allow the
employing office easy access. It is suggested
that telecommuting employees use House network
shared drives to save information, rather than
local hard disk drives or diskettes.
For
telecommuting jobs that have security and/or confidentiality
requirements, procedures must be established to
guarantee protection of confidential information.
Procedures may include a locked or secure workplace,
computer access passwords, or restricted use of
files at the alternative work site.
Liability
for Damages
The
House of Representatives will not be liable for
damages to a telecommuting employee's personal
or real property during the course of performance
of official duties or while using House equipment
in the employee's alternative work site unless
there is liability under the Federal Tort Claims
Act or a claim made under the Military Personnel
and Civilian Claims Act is deemed reimbursable.
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