Telework Guidance

In recent years, telework has become increasingly widespread and formalized, with legislative mandates as well as new programmatic and policy supports and structures. The information in this section is intended to help Federal managers and employees understand how to make telework a routine part of doing business, as well as how to integrate telework into planning for an emergency, including a pandemic health crisis. OPM will also distribute the document called A Guide to Telework in the Federal Government separately as general guidance. We include it here to ensure this material is comprehensive for agency use in preparing for pandemic influenza.

This section contains the following informational materials:

A. A Guide to Telework in the Federal Government

B. Fact Sheet: Telework and Emergency Preparedness

C. Telework Training

A Guide to Telework in the Federal Government

Introduction

Late 20th-century technology revolutionized the workplace, and the 21st-century workplace is evolving even further. Computers, remote connectivity, voice and electronic communications, paperless work processes, and other innovations make information and work increasingly mobile.

Such innovations help the Federal Government, as the Nation’s largest employer, serve the needs of the American public more efficiently and effectively. Federal employees have used mobile work technology for a long time. In recent years, telework has become increasingly widespread and formalized, with legislative mandates as well as new programmatic and policy supports and structures.

The Office of Personnel Management defines telework as “work arrangements in which an employee regularly performs officially assigned duties at home or other worksites geographically convenient to the residence of the employee.” Telework is simply a way of getting work done from a different location. It can serve multiple purposes – and have multiple benefits – when it is implemented effectively in an organization.

For Federal agencies, telework is of particular interest for its benefits in the following areas:

          • Recruiting and retaining the best possible workforce - particularly newer workers who have high expectations of a technologically forward-thinking workplace and any worker who values work/life balance

          • Helping employees manage long commutes and other work/life issues that, if not addressed, can have a negative impact on their effectiveness or lead to employees leaving Federal employment

          • Reducing traffic congestion, emissions, and infrastructure impact in urban areas, thereby improving the environment

          • Saving taxpayer dollars by decreasing Government real estate costs

          • Ensuring continuity of essential Government functions in the event of national or local emergencies

This guide is intended to help Federal managers and employees understand how to make telework a routine part of doing business, as well as how to integrate telework into emergency planning.

Legislative Background

For over a decade, laws addressing telework (under various names – “work at home,” “flexible work,” “telecommuting,” etc.) have been in effect for Federal employees. The main legislative mandate for telework was established in 2000 (§ 359 of Public Law 106-346). This law states that “[e]ach executive agency shall establish a policy under which eligible employees of the agency may participate in telecommuting to the maximum extent possible without diminished employee performance.” Associated language in the conference report for this legislation expanded on that requirement:

Each agency participating in the program shall develop criteria to be used in implementing such a policy and ensure that managerial, logistical, organizational, or other barriers to full implementation and successful functioning of the policy are removed. Each agency should also provide for adequate administrative, human resources, technical, and logistical support for carrying out the policy.

Further legislation (Public Law 108-199, Division B, § 627 of January 23, 2004, and Public Law 108-447, Division B, § 622 of December 8, 2004) followed this mandate with directives to certain agencies to increase telework participation in the workforce by specified amounts.

As part of this congressional mandate, OPM began to survey Federal agencies about telework in 2000. This survey collects data about agency programs and participation rates.

Joint OPM/GSA Support

OPM and the General Services Administration (GSA) work together to support telework in Federal agencies. The joint OPM/GSA Website www.telework.gov provides information to agencies, managers, and employees about how to effectively implement telework programs and arrangements. OPM and GSA also work directly with telework coordinators in each agency to provide guidance and assistance.

Definitions/Types of Telework

The terms “telework,” “telecommuting,” “flexible workplace,” “remote work,” “virtual work,” and “mobile work” are all used to refer to work done outside of the traditional on-site work environment. These terms are defined in different ways and used in different contexts to refer to anything from jobs that are completely “virtual” or “mobile,” to arrangements that enable employees to work from home a few days per week or per month.

OPM uses the term “telework” for reporting purposes and for all other activities related to policy and legislation. OPM defines telework as “work arrangements in which an employee regularly performs officially assigned duties at home or other work sites geographically convenient to the residence of the employee.”

Telework arrangements in the Federal Government are most often part-time rather than full-time, although full-time telework does exist. Agencies may, at their own discretion, define and use the types of telework that best fit their business needs. However, for purposes of reporting and judging progress towards meeting the legislative mandate, OPM will count employees whose telework frequency is in one of the following categories only:

          • Regular/recurring at least 3 days per week

          • 1 or 2 days per week

          • Less often than once a week, but at least once a month

As defined by OPM, telework is not—

          • Work extension: Many employees take work home with them. This is remote work, but it is not considered telework within the scope of the legislation.

          • Mobile work: Some agencies have employees who, by the nature of their jobs, are generally off-site, and may even use their home as their “home base.” Because their work requires this setup and they travel much of the time, they are not considered teleworkers. This is different from “hoteling” arrangements, in which frequent teleworkers use shared space when they are on-site.

Telework is not an employee right. Federal law requires agencies to have telework programs, but does not give individual employees a legal right to telework.

Sustaining a Successful Telework Program –

A Manager’s Perspective

What’s in it for me?

Compliance with the Mandate

As described in Legislative Background, telework should be implemented to the maximum extent possible.

Human Capital Management Tool

Telework, like other flexibilities, can assist managers in attracting, recruiting, and retaining the best possible workforce. In addition, by decreasing employee commute times and other work/life stressors, telework can help make employees more effective in their jobs. Telework may also be used as a reasonable accommodation for disability.

Emergency Response

Integrating work fully into an organization’s operations and culture can help maintain critical functionality in the event of an emergency.

The Basics

Know Your Telework Coordinator

Each agency should designate a telework coordinator who acts as the key contact for policy and program questions. Managers should maintain frequent contact with their telework coordinator to ensure the agency’s policy and procedures are properly applied and to ensure they are aware of the full range of support and resources available to them.

Know Your Policy and Procedures

As detailed in §359 of Public Law 106-346, all agencies must have a telework policy. Managers should familiarize themselves and their employees with their agency’s policy to ensure they are in compliance with its requirements. Most agency policies will include additional procedures for establishing telework agreements, obtaining equipment, etc.

In addition, all agencies should have policies on information systems and technology security (see Security), and managers must ensure their equipment choices and telework agreements comply with this policy. Information security includes protection of sensitive “hard-copy” files and documents.

Participate in Training

OPM offers online telework training for employees and managers, which can be accessed via the joint OPM/GSA Website http://www.telework.gov/courses. In addition, many agencies offer telework training, and telework coordinators are available to consult with managers.

Information technology security training, administered at the agency level, is mandatory (see Security), and managers must ensure teleworkers complete this training and understand their responsibilities in safeguarding work-related information.

How To Be an Effective Telework Manager

To comply with the legislation, managers must be committed to using telework to the fullest extent possible. Beyond the basic requirements outlined above, managerial skill, participation, and support can make telework a real asset to an organization. To effectively implement a telework program, managers should accomplish the following:

Determine Employee Eligibility

Generally, agencies have discretion to determine telework eligibility criteria for their employees. These criteria should be detailed in agency policy. Individual managers should assess who is and who is not eligible in their workgroup based on these eligibility guidelines and any applicable collective bargaining agreements. Some agencies may provide managers additional discretion in deciding whether to grant or deny a request to telework from an eligible employee, based on additional factors such as staffing or budget.

All employees are considered eligible for telework except the following:

         • Employees whose positions require, on a daily basis (i.e., every work day), direct handling of secure materials or on-site activity that cannot be handled remotely or at an alternative worksite, such as face-to-face personal contact in some medical, counseling, or similar services; hands-on contact with machinery, equipment, vehicles, etc.; or other physical presence/site dependent activity, such as forest ranger or guard duty tasks; and

         • Employees whose last performance rating of record (or its equivalent) is below fully successful (or the agency’s equivalent) or whose conduct has resulted in disciplinary action within the last year. (NOTE: Agencies may require a rating of record higher than fully successful for eligibility, but must still report as eligible all employees rated fully successful or higher.)

Understand and Assess the Needs of the Workgroup

Telework is often implemented piecemeal, rather than strategically, as individuals request arrangements. This reactive approach carries the risk of raising fairness issues, with decisions about telework arrangements being made on a first-come, first-served basis. Telework should be implemented strategically, taking into account the needs and work of the group, rather than granting or denying telework requests one by one. Employees should participate in the process and may be asked to help formulate possible solutions to issues that may arise.

Create Signed Agreements

The teleworker and his or her manager should enter into a written agreement for every type of telework, whether the employee teleworks regularly or not. The parameters of this agreement are most often laid out by the agency policy and/or collective bargaining agreement, but should include certain key elements (see How To Be an Effective Teleworker). Most importantly, the agreement should be signed and dated by the manager. Managers should keep copies of all telework agreements on file.

Telework agreements are living documents and should be revisited by the manager and teleworker and re-signed regularly, preferably at least once a year. At a minimum, new telework agreements should be executed when a new employee/manager relationship is established.

OPM strongly recommends any individuals asked to telework in the case of a Continuity of Operations (COOP) event or a pandemic health crisis have a telework agreement in place that provides for such an occurrence. Such individuals also should practice teleworking on a regular basis as much as possible.

Base Denials on Business Reasons

Telework requests may be denied and telework agreements may be terminated. Telework is not an employee right, even if the employee is considered “eligible” by OPM standards and/or the individual agency standards.

Denial and termination decisions must be based on business needs or performance, not personal reasons. For example, a manager may deny a telework agreement if, due to staffing issues, an employee who otherwise has portable duties must provide on-site office coverage. In this case, and whenever applicable, the denial or termination should include information about when the employee might reapply, and also if applicable, what actions the employee should take to improve his or her chance of approval. Denials should be provided in a timely manner. Managers should also review the agency’s negotiated agreement(s) and telework policy to ensure they meet any applicable requirements.

Managers should provide affected employees (and keep copies of) signed written denials or terminations of telework agreements. These should include information about why the arrangement was denied or terminated. OPM tracks the numbers of agreements denied and/or terminated, as well as the reasons for such an action; therefore, copies should be given to the agency telework coordinator as well.

Bargaining unit employees may file a grievance about the denial or cancellation of a telework agreement through the negotiated grievance procedure.

Use Good Performance Management Practices

Managers often ask, “How do I know what my employees are doing when I can’t see them?” Performance standards for off-site employees are the same as performance standards for on-site employees. Management expectations of a teleworker’s performance should be clearly addressed in the telework agreement. As with on-site employees, teleworkers must, and can, be held accountable for the results they produce. Good performance management techniques practiced by a manager will mean a smooth, easy transition to a telework environment. Resources for performance management are available from OPM at www.opm.gov/perform.

Communicate Expectations

The telework agreement (see How To Be an Effective Teleworker for key elements) provides a framework for the discussion that needs to take place between the manager and the employee about expectations. For both routine and emergency telework, this discussion is important to ensure the manager and the employee understand each other’s expectations around basic issues such as the following:

          • How will the manager know the employee is present? (Signing in, signing off procedures may be needed.)

          • How will the manager know the work is being accomplished?

          • What technologies will be used to maintain contact?

          • What equipment is the agency providing? What equipment is the teleworker providing?

          • Who provides technical assistance in the event of equipment disruption?

          • What will the weekly/monthly telework schedule be? How will the manager and co-workers be kept updated about the schedule? Do changes need to be pre-approved?

          • What will the daily telework schedule be? Will the hours be the same as in the main office, or will they be different?

          • What are the physical attributes of the telework office, and do they conform to basic safety standards? (Use a safety checklist.)

          • What are the expectations for availability (phone, e-mail, etc.)?

          • What is the expectation regarding the amount of notice (if any) given for reporting to the official worksite, and how will such notice be provided?

          • How is a telework agreement terminated by management or an employee?

Facilitate Communication With All Members of the Workgroup

Teleworking and non-teleworking employees must understand expectations regarding telework arrangements, including coverage, communication, and responsibilities. Although individual teleworkers must take responsibility for their own availability and information sharing, managers should ensure methods are in place to maintain open communication across the members of a workgroup.

Remain Equitable in Assigning Work and Rewarding Performance

Managers should avoid distributing work based on “availability” as measured by physical presence, and avoid the pitfall of assuming someone who is present and looks busy is actually accomplishing more work than someone who is not on-site. Good performance management practices are essential for telework to work effectively and equitably.

Make Good Decisions About Equipment

In Federal Management Regulation (FMR) Bulletin 2006-B3, Guidelines for Alternative Workplace Arrangements (a link is available at www.telework.gov ), GSA provides guidelines for the equipment and support an agency may provide teleworkers. Generally, decisions are made by the agency or by individual managers regarding the ways in which teleworkers should be equipped. Managers should familiarize themselves with these guidelines and also with their agency’s policy on equipment. Within those constraints, the challenge for managers is finding the right balance of budget, security, and effectiveness. Factors to consider include technology needs based on the work of the employee, agency security requirements, and budget constraints.

Practice, Practice, Practice

The success of an organization’s telework program depends on regular, routine use. Experience is the only way to enable managers, employees, IT support, and other stakeholders to work through any technology, equipment, communications, workflow, and associated issues that may inhibit the transparency of remote work. Individuals expected to telework in an emergency situation should, with some frequency, telework under non-emergency circumstances as well.

The Bottom Line

Managers MUST—

          • Implement routine telework in their organization to the fullest extent possible

          • Treat employees equitably and fairly in implementing telework in their organization

          • Identify eligible and ineligible employees using established agency criteria

          • Include telework in COOP and other emergency response planning

Managers MAY NOT—

          • Under normal circumstances, require that an employee work from home

          • Terminate a telework agreement for reasons other than business or performance reasons

Managers MAY—

          • Require an employee to work at an alternative worksite (e.g., a telework center) within the employee’s commuting area

          • Terminate a telework agreement for business reasons, e.g., an employee’s poor performance or a change in the nature of the work

Sustaining a Successful Telework Arrangement –

An Employee’s Perspective

What’s in it for me?

Work/life Balance

Telework gives employees more flexibility in meeting personal and professional responsibilities.

Stress Reduction

Telework can help make life less stressful overall by reducing commuting time and adding to discretionary time, thus reducing commuting stress.

Freedom From Office Distractions

Offices can be busy places, especially in environments where employees work in cubicles. Distractions are plentiful. Many employees find they are able to focus and be more productive when they telework.

Engagement

When employees feel they have greater control over their work, they tend to feel more committed to their organizations.

The Basics

Know Your Telework Coordinator

All agencies must designate a telework coordinator who acts as the key contact for policy and program questions. Employees should maintain contact with their telework coordinator for support and assistance as well as to ensure they follow the agency’s policy and procedures.

Know Your Agency’s Policy and Procedures

As required by Public Law 106-346, § 359, all agencies must have a telework policy. Employees should familiarize themselves with this policy to ensure they are in compliance with its requirements. Most agency policies will include procedures to be followed for establishing telework arrangements, obtaining equipment, etc.

In addition, employees need to work with their managers and information technology (IT) support to ensure their equipment choices and telework agreements comply with their agency’s policy on information systems and technology security (see Security). This includes the protection of sensitive files and documents needed for work.

Participate in Training

OPM offers online teleworker training, which can be accessed via the joint OPM/GSA Website http://www.telework.gov/courses. In addition, many agencies offer various types of training. Some training may be required for participation in a telework program.

Information technology security training, administered at the agency level, is mandatory (see Security). Teleworkers must complete this training and understand their responsibilities in safeguarding work-related information.

How To Be an Effective Teleworker

Conduct an Honest Self-Assessment

A successful telework arrangement starts with a good self-assessment. Employees should consider the following factors in making an honest determination about their telework capabilities:

          • Sufficient portable work for the amount of telework being proposed

          • Ability to work independently, without close supervision

          • Comfort with the technologies, if any, needed to telework

          • Good communication with manager, co-workers, and customers that will enable a relatively seamless transition from on-site to off-site

          • Telework office space conducive to getting the work done

          • Dependent care (i.e., child care, elder care, or care of any other dependent adults) arrangements in place

          � Ability to be flexible about the telework arrangement to respond to the needs of the manager, the workgroup, and the workload

Create a Good Telework Agreement

A successful telework arrangement also requires a strong foundation. No matter how frequently or infrequently an employee intends to telework, a written agreement should be executed between the employee and manager. Elements of this agreement should include the following:

          • Location of the telework office (e.g., home, telework center, other)

          • Equipment inventory – what the employee is supplying, what the agency is providing, and if applicable, what the telework center is providing

          • In general, the job tasks to be performed while teleworking

          • Telework schedule

          • Telework contact information (e.g., the phone number to use on the telework day)

          • Safety checklist – certifying the home office meets certain standards (see Safety)

          • Expectations for emergency telework (specify whether the employee is expected to telework in the case of a COOP event, pandemic health crisis, shutdown of agency operations, etc.)

Telework agreements need to be updated as circumstances change (e.g., if the telework schedule changes). The manager and teleworker should work together to evaluate the arrangement periodically, make changes in the agreement as necessary, and re-sign the document. In the first year this may happen within a few months; thereafter, perhaps annually.

A sample telework agreement is available at www.telework.gov.

Safeguard Information and Data

Employees must take responsibility for the security of the data and other information they handle while teleworking, as described in Security. Employees should—

          • Be familiar with, understand, and comply with their agency’s information security policies;

          • Participate in agency information security training; and

          • Maintain security of any relevant materials, including files, correspondence, and equipment, in addition to following security protocols for remote connectivity. Depending on the sensitivity of the information being handled, the home office may need to include security measures such as locked file cabinets, similar to what may be used in the worksite

Plan the Work

Employees who telework should assess the portability of their work and the level of technology available at the remote site as they prepare to telework. Employees will need to plan their telework days to be as productive as possible by considering the following questions:

          • What files or other documents will I need to take with me when I leave my regular workplace the day before teleworking?

          • What equipment will I need to take?

          • Who needs to be notified that I will be teleworking?

          • What other steps should I take before I leave my office? (e.g., forwarding the phone)

          � In the case of emergency telework, what should I have available at all times at my home office or, if applicable, a telework center, to enable me to be functional without coming on-site to retrieve materials?

Manage Expectations and Communication

Managers are ultimately responsible for the effective functioning of the workgroup. Nevertheless, teleworkers should help manage the group’s expectations and their own communication in order to avoid any negative impact from their arrangement. Issues that should be addressed include the following:

          • Backup: Even with very portable work there are inevitably instances where physical presence is required and a co-worker may need to step in. Co-worker backup should be planned, it should not be onerous, and it should be reciprocal. Cross-training of staff has broad organizational benefits and should be a management priority.

          • On-the-spot assistance: Teleworkers may occasionally need someone who is physically in the main office to assist them (e.g., to fax a document or look up information). Again, these arrangements should not be unduly burdensome; a “buddy system” between teleworkers may be the least disruptive solution.

          • Communication with manager: The manager must be kept apprised of the teleworker’s schedule, how to make contact with the teleworker, and the status of all pending work.

          • Communication with co-workers: Co-workers must be informed about the appropriate handling of telephone calls or other communications that are the teleworker’s responsibility.

The Bottom Line

Teleworkers MUST—

          • Comply with the security and telework policies of their agency

          • Take responsibility for ensuring the success of their arrangement

          • Notify the manager of any changes in their situation that may affect the arrangement

Teleworkers MAY NOT—

          • Assume a telework arrangement is permanent

          • Use telework as a substitute for child or other dependent care

Teleworkers MAY—

          • Use appropriate grievance procedures if they believe their telework request or agreement was wrongfully denied or terminated. Telework requests or agreements may be denied or terminated only for business reasons, and managers must provide written justification to the affected employee.

Safety

Teleworkers must address issues of their own personal safety to be effective while teleworking from a home office. This is not an issue in telework centers, where appropriate workstations are provided.

Government employees causing or suffering work-related injuries and/or damages at the alternative worksite (home, telework center, or other location) are covered by the Military Personnel and Civilian Employees Claims Act, the Federal Tort Claims Act, or the Federal Employees' Compensation Act (workers' compensation), as appropriate.

Manager Safety Responsibilities

          • Review safety checklist with teleworker (see www.telework.gov for a sample).

          • Depending on agency policy, managers may have the authority to visit home offices, with advance notice to the teleworker.

Teleworker Safety Responsibilities (for home-based telework)

          • Provide appropriate telework space, with ergonomically correct chair, desk, and computer equipment.

          • Complete safety checklist (see www.telework.gov for a sample) certifying the space is free from hazards. This checklist is not legally binding, but details management expectations and, if signed, assumes compliance.

          • Immediately report any work-related accident occurring at the telework site and provide the supervisor with all medical documentation related to the accident. It may be necessary for an agency representative to access the home office to investigate the report.

Security

(Note: This guidance is subject to change to incorporate pertinent information from the June 23, 2006, Office of Management and Budget (OMB) memo, “Protection of Sensitive Agency Information” http://www.whitehouse.gov/omb/memoranda/fy2006/m06-16.pdf.)

Federal employees and their managers are responsible for the security of Federal Government property and information, regardless of their work location. Agency security policies do not change and should be enforced at the same rigorous level when employees telework as when they are in the office.

The Federal Information Security Management Act of 2002 (FISMA) defines information security as protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide—

(A) integrity, which means guarding against improper information modification or destruction and includes ensuring information nonrepudiation and authenticity;

(B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and

(C) availability, which means ensuring timely and reliable access to and use of information.

As in the main office, security measures should cover not only information systems and technology, but all aspects of the information systems used by the employee, including paper files, other media, storage devices, and telecommunications equipment (e.g., laptops, PDAs, and cell phones). Employees who telework from home need to keep Government property and information safe, secure, and separated from their personal property and information.

Agencies managing or operating records systems are required by the Privacy Act of 1974 and other relevant laws and regulations to issue rules for maintaining the security of information contained in those records, whether the information is maintained in electronic or paper form. Managers and employees must follow these rules whenever they are accessing this information, whether they are working from home, at another remote location, or at their regular duty station. For example, OPM regulates access and use of Government personnel records as follows:

Section 293.106(a) of title 5, Code of Federal Regulations, mandates that “[a]ll persons whose official duties require access to and use of personnel records be responsible and accountable for safeguarding those records and for ensuring that the records are secured whenever they are not in use or under the direct control of authorized persons. Generally, personnel records should be held, processed, or stored only where facilities and conditions are adequate to prevent unauthorized access.”

Under 5 CFR 293.108, “Office and agency employees whose official duties involve personnel records shall be sensitive to individual rights to personal privacy and shall not disclose information from any personnel record unless disclosure is part of their official duties or required by executive order, regulation, or statute (e.g., required by the Freedom of Information Act, 5 U.S.C. 552).” Also, “[a]ny Office or agency employee who makes a disclosure of personnel records knowing that such disclosure is unauthorized, or otherwise knowingly violates these regulations, shall be subject to disciplinary action and may also be subject to criminal penalties where the records are subject to the Privacy Act (5 U.S.C. 552a).”

Each Executive agency must develop a Federal information systems security awareness and training plan and provide role-specific security training to employees as required by 5 CFR 930.301. The regulations advise agencies to follow the guidance published by the National Institute of Standards and Technology (NIST).

NIST publications include Special Publication 800-50, “Building an Information Technology Security Awareness and Training Program,” which provides a blueprint for developing agency-specific security awareness and training materials. NIST advises agencies that users of information systems must—

          • Understand and comply with agency security policies and procedures;

          • Be appropriately trained in the rules of behavior for the systems and applications to which they have access;

          • Work with management to meet training needs;

          • Keep software/applications updated with security patches; and

          • Be aware of actions they can take to better protect their agency’s information. These actions include, but are not limited to, proper password usage, data backup, proper antivirus protection, reporting any suspected incidents or violations of security policy, and following rules established to avoid social engineering attacks and rules to deter the spread of spam or viruses and worms.

Special Publication 800-50 recommends addressing these topics in agency security awareness campaigns. Other topics may include accessing unknown email and attachments, dealing with spam, protecting against “shoulder surfing (i.e., someone reading a document or a computer screen from behind the user),” physical protection of data (e.g., from water, fire, dust or dirt, physical access), inventory and property transfer, personal use of systems at work and home,

use of encryption, transmission of sensitive/confidential information, laptop security, and personally-owned systems and software.

In Special Publication 800-46, “Security for Telecommuting and Broadband Communications,” NIST helps Federal agencies address security issues by providing recommendations on securing a variety of applications, protocols, and networking architectures to be used by teleworkers. NIST recommendations encompass the following five security principles:

          • All home networks connected to the Internet via a broadband connection should have some firewall device installed.

          • Web browsers should be configured to limit vulnerability to intrusion.

          • Operating system configuration options should be selected to increase security.

          • Selection of wireless and other home networking technologies should be in accordance with security goals.

          • Federal agencies should provide teleworking users with guidance on selecting appropriate technologies, software, and tools consistent with the agency network and with agency security policies.

Complete texts of these and other NIST publications are available at http://csrc.nist.gov/publications/nistpubs/.

Manager Security Responsibilities

          • Thoroughly review all telework agreements to ensure they are in compliance with agency information security policies.

          • Ensure employees receive agency information systems security training.

          • Work with employees to ensure they fully understand and have the technical expertise to comply with agency requirements.

          • Invest in technology and equipment that can support success.

          • Work with employees to develop secure systems for potentially sensitive documents and other materials.

          • Track removal and return of potentially sensitive materials, such as personnel records.

          • Enforce personal privacy requirements for records.

Teleworker Security Responsibilities

          • Participate in agency information systems security training.

          • Achieve sufficient technical proficiency to implement the required measures.

          • Provide a high level of security to any personal or private information accessed at the telework site or transported between locations.

          • Remain sensitive to individual rights to personal privacy.

          • Comply with agency policies and with any additional requirements spelled out in the telework agreement.

Emergency Response Telework: Continuity of Operations (COOP)

Telework should be part of all agency emergency planning. Management must be committed to implementing remote work arrangements as broadly as possible to take full advantage of the potential of telework for this purpose and ensure that—

          • Equipment, technology, and technical support have been tested

          • Employees are comfortable with technology and communications methods

          • Managers are comfortable managing a distributed workgroup

In addition, agencies and management should consider investing in and using—

          • Teleconferencing, videoconferencing, and other technologies that enable multi-channel communication

          • Paperless systems

Continuity of Operations (COOP)

The Federal Emergency Management Agency’s Federal Preparedness Circular (FPC) 65 defines COOP planning as “an effort to ensure that the capability exists to continue essential agency functions across a wide range of hazard emergencies.” COOP capability is intended to be short-term; it must be functional within 12 hours and may last up to 30 days.

Telework can play a vital role in helping agencies preserve their essential functionality in this environment.

Manager COOP Responsibilities

          • Understand the agency COOP plan and management roles in executing the plan.

          • Notify employees designated as essential personnel for COOP.

          • Communicate expectations both to COOP and non-COOP employees regarding what steps they need to take in case of an emergency.

          • Establish communication processes to notify COOP and non-COOP employees of COOP status in the event of an emergency.

          • Integrate COOP expectations into telework agreements as appropriate.

          • Allow essential personnel who might telework in case of an emergency to telework regularly to ensure functionality.

Teleworker COOP Responsibilities

          • Maintain a current telework agreement detailing any COOP responsibilities, as appropriate.

          • Practice telework regularly to ensure effectiveness.

          • Be familiar with agency and workgroup COOP plans and individual expectations during COOP events.

Pandemic

The National Strategy for Pandemic Influenza Implementation Plan references the benefits of using telework to slow the spread of disease by keeping face-to-face contact to a minimum (often referred to as “social distancing”) while maintaining operations as close to normal as possible. Telework can also help agencies retain functionality as infrastructure issues and other challenges make the main worksite difficult to access.

The key to successful use of telework in the event of a pandemic health crisis is an effective routine telework program. As many employees as possible should have telework capability (i.e., current telework arrangements, connectivity, and equipment commensurate with their work needs and frequent enough opportunities to telework to ensure all systems have been tested and are known to be functional). This may entail creative thinking beyond current implementation of telework, drawing in employees who otherwise might not engage in remote access and ensuring their effectiveness as a distributed workforce.

Manager Pandemic Responsibilities

          • Implement telework to the greatest extent possible in the workgroup so systems are in place to support successful remote work in an emergency.

          • Communicate expectations to all employees regarding their roles and responsibilities in relation to remote work in the event of a pandemic health crisis.

          • Establish communication processes to notify employees of activation of this plan.

          • Integrate pandemic health crisis response expectations into telework agreements.

          • With the employee, assess requirements for working at home (supplies and equipment needed for an extended telework period).

          • Determine how all employees who may telework will communicate with one another and with management to accomplish work.

          • Identify how time and attendance will be maintained.

Teleworker Pandemic Responsibilities

          • Maintain current telework agreement specifying pandemic health crisis telework responsibilities, as appropriate.

          • Perform all duties assigned by management, even if they are outside usual or customary duties.

          • Practice telework regularly to ensure effectiveness.

          • Be familiar with agency and workgroup pandemic health crisis plans and individual expectations for telework during a pandemic health crisis.

References

Federal Employee’s Emergency Guide

Office of Personnel Management

http://www.opm.gov/emergency/PDF/EmployeesGuide.pdf

Federal Information Security Management Act (FISMA)

http://csrc.nist.gov/policies/FISMA-final.pdf

Federal Management Regulation (FMR) Bulletin 2006-B3 Guidelines for Alternative Workplace Arrangements

Link to FMR Bulletin No. 2006-B3

Federal Manager’s/Decision Maker’s Emergency Guide

Office of Personnel Management

http://www.opm.gov/emergency/PDF/ManagersGuide.pdf

Federal Preparedness Circular (FPC) 65

http://www.fema.gov/txt/government/coop/fpc65_0604.txt

GAO-03-679, July 2003

Report to the Chairman, Committee on Government Reform, House of Representatives

Human Capital: Further Guidance, Assistance, and Coordination Can Improve Federal Telework Efforts

http://www.gao.gov/new.items/d03679.pdf

GAO-06-713, May 2006

Report to the Chairman, Committee on Government Reform, House of Representatives

Continuity of Operations: Selected Agencies Could Improve Planning for Use of Alternate Facilities and Telework during Disruptions

http://www.gao.gov/new.items/d06713.pdf

National Strategy for Pandemic Influenza Implementation Plan

http://www.whitehouse.gov/homeland/pandemic-influenza.html

NIST Special Publication 800-46

Security for Telecommuting and Broadband Communications

http://csrc.nist.gov/publications/nistpubs/800-46/sp800-46.pdf

Office of Workers’ Compensation Programs (OWCP) Federal Employees’ Compensation Act (FECA) Bulletin No. 98-09

Link to OWCP FECA Bulletin 98-09

Fact Sheet

Telework and Emergency Preparedness

          􀂃 Telework is a voluntary work arrangement in which an employee regularly performs officially assigned duties at home or another worksite geographically convenient to his or her residence.

          􀂃 All Federal agencies must have a telework policy as required by Public Law 106-346, § 359, and must implement telework to the maximum extent possible for eligible employees.

          􀂃 Telework should be integrated into planning for Continuity of Operations (COOP), including a pandemic health crisis.

          􀂃 Agencies must designate a telework coordinator to be responsible for overseeing the implementation and operation of telework programs.

          􀂃 Agencies may, at their discretion, define and use the types of telework that best fit their business needs.

          􀂃 The choice of how to equip teleworkers is left to agency discretion. Security concerns should be considered in making equipment choices; agencies may wish to avoid use of employees’ personal computers and provide agency PCs or laptops as appropriate. In all cases, however, agencies should follow the provisions contained in the Office of Management and Budget’s June 23, 2006, memorandum, “Protection of Sensitive Agency Information.”

          􀂃 Telework can be used as a reasonable accommodation for qualified individuals with medical conditions or other disabilities. At the discretion of an agency, telework can also help with employees who, because of physical injury, are temporarily unable to travel to the workplace. Telework provides an opportunity for agencies to hire qualified individuals (especially those who are mobility-impaired) who might otherwise not consider applying for positions.

          􀂃 All teleworkers and telework managers should receive telework and information security training. Telework training is available via the joint OPM/GSA Website http://www.telework.gov/courses or may be provided by the agency. Information security training must be provided to all employees by their agencies.

          􀂃 All teleworkers should have signed agreements, even for emergency telework arrangements, to provide structure and accountability. Key components of a telework agreement include the following: schedule; communication expectations with the employee’s manager, workgroup, and customers; equipment; tasks; information security obligations; expectations for COOP, pandemic, or other emergency situations, including weather closures. Telework agreements should conform to any applicable negotiated agreements.

          􀂃 Managers may deny a telework request or terminate a telework agreement for business reasons. The denial or termination must be documented in writing and shared with the employee.

          􀂃 Teleworkers who work from home must provide an appropriate workspace and should certify that it is free from hazards. Government employees causing or suffering work- related injuries and/or damages at the alternative worksite (home, telework center, or other location) are covered by the Military Personnel and Civilian Employees Claims Act, the Federal Tort Claims Act, or the Federal Employees' Compensation Act (workers' compensation), as appropriate.

          􀂃 Employees who use computers and other information technology while teleworking need effective support during work hours; remote access presents some unique issues, and agencies should ensure tech support can meet these needs. These needs must also be taken into account in planning for using a distributed workforce during an emergency situation.

          􀂃 Employees designated to work from home during an emergency event should telework frequently enough to ensure all systems are working smoothly.

Telework Training

Telework is an important and attractive work option for the Federal Government and its employees. Telework arrangements will be of vital importance to supervisors and employees if a pandemic health crisis occurs. To support the new Guide to Telework in the Federal Government the Office of Personnel Management has developed training for managers, supervisors, and employees who wish to learn how to make the most of telework arrangements.

The training adds further modules to the existing “Telework 101 for Managers: Making Telework Work for You” and the companion course for employees, “Telework 101 for Employees: Making Telework Work for You.”

The new sections cover:

(1) What is a Pandemic?

(2) Recent Government Policy

(3) How Can Telework Help Prepare Me in the Case of a Pandemic Health Crisis?

Both the manager and employee courses are available via the joint OPM/GSA Website http://www.telework.gov/courses.

Alternative Work Arrangements

The Federal Government offers alternative work arrangements to assist employees who are affected by a pandemic influenza:

Evacuation Pay – Evacuation payments may be made to employees or their dependents, or both, who are ordered to be evacuated from or within the United States and certain nonforeign areas in the national interest because of natural disasters or for military or other reasons that create imminent danger to the lives of the employees, their immediate family, or their dependents. Link to guidance

Alternative Work Schedules – An agency may implement alternative work schedules (AWS) instead of traditional fixed work schedules. Within rules established by the agency, AWS can enable employees to have work schedules that help the employee balance work and family or personal responsibilities.

There are two categories of AWS:

1.  A Flexible Work Schedule consists of workdays with core hours and flexible hours. Core hours are the designated period of the day when all employees must be at work. Flexible hours are the part of the workday when employees may choose their time of arrival and departure. A flexible work schedule may enable an employee to complete the basic 80-hour biweekly work requirement in less than 10 workdays. Link to guidance

2.  A Compressed Work Schedule is a fixed work schedule under which the employee’s arrival and departure times may not vary. A compressed work schedule enables a full-time employee to complete the basic 80-hour biweekly work requirement in less than 10 workdays. Link to guidance

U.S. Office of Personnel Management

Fact Sheet

Information for Managers About Flexible Work Arrangements

Alternative Work Schedules (AWS) - Flexible Work Schedules (FWS)

          􀂃 FWS consist of workdays with core and flexible hours. Core hours are the designated period of the day when all employees must be at work. Flexible hours are the part of the workday employees may (within limits or "bands") choose their time of arrival and departure.

          􀂃 FWS are voluntary work schedules subject to approval by supervisors/managers.

          􀂃 Various types of FWS arrangements provide different degrees of flexibility:

          o Flexitour is a schedule in which an employee is allowed to select starting and stopping times within the flexible hours. Once selected, the hours are fixed until the agency provides the opportunity to select different starting and stopping hours.

          o A gliding schedule is a schedule in which a full-time employee has a basic work requirement of 8 hours in each day and 40 hours in each week. The employee may select a starting and stopping time each day, and may change starting and stopping times daily within the established flexible hours.

          o A variable day schedule is a work schedule containing core hours on each workday in the week in which a full-time employee has a basic work requirement of 40 hours in each week of a biweekly pay period. However, the employee may vary the number of hours on a given workday within the limits established for the organization.

          o A variable workweek schedule is a work schedule containing core hours on each workday in the biweekly pay period in which a full-time employee has a basic work requirement of 80 hours for the biweekly pay period. The employee may vary the number of hours worked on a given workday or the number of hours each week within the limits established for the organization.

          o A maxiflex schedule is a work schedule that contains core hours on fewer than 10 workdays in the biweekly pay period in which a full-time employee has a basic work requirement of 80 hours for the biweekly pay period. The employee may vary the number of hours worked on a given workday or the number of hours each week within the limits established for the organization.

          􀂃 The following provisions apply to using credit hours under an FWS program:

          o Credit hours are any hours within an FWS in excess of an employee's basic work requirement (e.g., 40 hours a week) in which the employee elects to work to vary the length of a workweek or a workday. Agencies may limit or restrict the earning and use of credit hours.

          o OPM regulations prohibit Senior Executive Service (SES) members from accumulating credit hours under AWS programs (5 CFR 610.408).

          o An employee who is not a member of the SES may request compensatory time off in lieu of payment for irregular or occasional overtime work or regularly scheduled overtime work (5 U.S.C. 6123(a)(1)).

          o The law prohibits carrying over more than 24 credit hours from one pay period to the next (5 U.S.C. 6126).

          􀂃 Premium pay for night work generally is not paid to a General Schedule (GS) employee solely because the employee elects to work credit hours, or elects a time of arrival or departure, at a time when night pay is authorized.

          􀂃 Agencies must pay night pay for all designated core hours worked between 6 p.m. and 6 a.m. and for any regularly scheduled overtime work between those hours.

          􀂃 A full-time FWS employee is limited to 8 hours of basic pay on holidays.

          􀂃 A part-time FWS employee is entitled to basic pay for the number of hours scheduled for the holiday, not to exceed 8 hours (5 U.S.C. 6124).

          􀂃 If an Executive order is issued granting a "half-day" holiday, full-time FWS employees are entitled to basic pay for the last half of their "basic work requirement" (i.e., non-overtime hours) on that day, not to exceed 4 hours.

          􀂃 A full-time FWS employee earns Sunday premium pay for an entire non-overtime regularly scheduled tour of duty (not to exceed 8 hours) that begins or ends on Sunday. Sunday premium pay may not be paid for periods of nonwork, including leave, holidays, and excused absence.

Alternative Work Schedules (AWS) – Compressed Work Schedules (CWS)

          􀂃 Compressed Work Schedules (CWS) are fixed work schedules that allow full-time employees to complete the basic 80-hour biweekly work requirement in less than 10 workdays, subject to the following provisions:

o For employees in a bargaining unit: The agency must successfully negotiate a CWS program with the union for a represented group of employees prior to implementation (5 U.S.C. 6130).

o For employees not in a bargaining unit: The agency must secure a favorable vote from the majority of employees in the affected group before implementing a CWS program (5 U.S.C. 6127(b)(1)).

          􀂃 Credit hours are not permitted under a CWS program.

          􀂃 An employee on a CWS may request compensatory time off only for the performance of irregular or occasional overtime work.

          􀂃 Compensatory time off may not be approved for any member of the SES.

          􀂃 The normal premium pay rules apply for night pay. See 5 CFR 550.121 and 122 for GS employees and 5 CFR 532.505 for prevailing rate (wage) employees.

          􀂃 An employee normally is excused from work and entitled to basic pay for the number of hours of his or her CWS on a holiday.

          􀂃 If the President issues an Executive order granting a "half-day" holiday, full-time CWS employees are normally excused from work during the last half of their "basic work requirement" (i.e., non-overtime hours) on that day.

          􀂃 Holiday premium pay (equal to 100 percent of the rate of basic pay) is paid for non-overtime hours of work that fall within the hours regularly scheduled on the holiday.

          􀂃 Sunday premium pay is paid for non-overtime work performed by full-time employees.

Sunday premium pay is paid for the entire non-overtime regularly scheduled tour of duty that begins or ends on Sunday for an employee on a CWS. Sunday premium pay may not be paid for periods of non-work, including leave, holidays, and excused absence.

U.S. Office of Personnel Management

Fact Sheet

Evacuation Payments During a Pandemic Health Crisis

Description

An Executive agency (as defined in 5 U.S.C. 105) may provide evacuation payments to its employees who are ordered to evacuate their regular worksites and work from home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis. The head of an agency may delegate authority to one or more designated officials to order the evacuation of agency employees, employees assigned to certain geographic areas, or employees in certain components/divisions of the agency. In this unique situation, the agency may designate an employee’s home (or an alternative location mutually agreeable to the agency and the employee), including a location under quarantine or confinement, as a safe haven during the period of evacuation. A policy to evacuate to a safe haven promotes the “social distancing” of employees and protects them from being exposed to additional viruses or mutations of a pandemic virus.

An agency may order an evacuation upon an official announcement by Federal, State, or local officials, public health authorities, and/or tribal governments, of a pandemic health crisis affecting certain geographic areas. Consistent with 5 U.S.C. 5522 and 5523 and the Department of State Standardized Regulations, responsibility for ordering an evacuation in overseas locations rests with the Department of State.

Assignment of Work to Evacuated Employees

An evacuated employee at a safe haven may be assigned to perform any work considered necessary or required to be performed during the period of evacuation without regard to the employee’s grade or title. However, an agency may not assign work to an employee unless the agency knows the employee has the necessary knowledge and skills to perform the assigned work. For example, a supervisor may assign different or lower-level duties than are normally performed by the employee. In addition, if a supervisor is sick and cannot perform his or her duties during the period of evacuation, an agency may assign the higher-level work to a subordinate employee who would, under normal circumstances, be designated as “acting” when the supervisor is on leave. Additionally, the agency must provide reasonable accommodation under the Rehabilitation Act for qualified employees with disabilities.

Managers and supervisors are encouraged to communicate regularly with employees who are performing work from home during a pandemic health crisis. Regular communication with employees will ensure they understand their work assignments and management’s expectations during the period of the evacuation. Failure or refusal to perform assigned work may be a basis for terminating evacuation payments, as well as disciplinary action under 5 CFR part 752 (Adverse Actions). However, an employee’s inability to perform assigned work because of lack of knowledge or skills may not be a basis for terminating evacuation payments or taking disciplinary action.

Payments for Employees Ordered To Evacuate

Evacuation Payments

An agency may provide evacuation payments to an employee who is ordered to evacuate his or her regular worksite and work from home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis. Evacuation payments should be paid on the employee’s regular pay days, since these payments reflect the employee’s regular pay. (Since most employees use electronic fund transfer to deposit pay checks to their accounts, this should not impose an additional burden on the agency.)

An agency must compute evacuation payments based on the employee’s rate of pay (including any applicable allowances, differentials, or other authorized payments) to which the employee was regularly entitled immediately before the issuance of the order to evacuate, regardless of the employee’s work schedule during the evacuation period. For example, an employee is considered to be regularly entitled to night pay differential (5 U.S.C. 5545(a) and 5343(f)) and Sunday premium pay (5 U.S.C. 5544(a) and 5546(a)) for applicable hours in the employee’s normal basic workweek. An employee is considered to be regularly entitled to law enforcement availability pay (5 U.S.C. 5545a), administratively uncontrollable overtime pay (5 U.S.C. 5545(c)(2)), standby duty premium pay (5 U.S.C. 5545(c)(1)), regular overtime pay for firefighters (5 U.S.C. 5545b), physicians’ comparability allowances (5 U.S.C. 5948), supervisory differentials (5 U.S.C. 5755), and nonforeign area cost-of-living allowances and post differentials (5 U.S.C. 5941), as applicable. An employee will receive recruitment, relocation, and retention incentive payments (5 U.S.C. 5753 and 5754) and extended assignment incentive payments (5 U.S.C. 5757) consistent with the employee’s signed service agreement. The agency must make all deductions from evacuation payments that are required by law, including retirement or Social Security (FICA) deductions, authorized allotments, and income tax withholdings.

An employee’s evacuation payments must cover the period of time during which an applicable order to evacuate remains in effect, unless terminated earlier. However, evacuation payments may not continue for more than 180 calendar days after the effective date of the order to evacuate. After an order to evacuate is terminated, agencies must make adjustments in an employee’s pay on the basis of the rates of pay, allowances, and differentials, if any, to which the employee otherwise would have been entitled during the period of evacuation under applicable statutes. (See 5 CFR 550.408.)

Additional Allowance Payments

The head of the agency or designated official, in his or her sole and exclusive discretion, may grant additional special allowance payments, based on a case-by-case analysis, to offset the direct added expenses incidental to performing work from home (or an alternative location mutually agreeable to the agency and the employee) during a pandemic health crisis. (See 5 CFR 550.409.) This may include increased costs for a computer, printer, fax machine, scanner, and telecommunications equipment incurred by an employee ordered to work from home (or an alternative location mutually agreeable to the agency and the employee) during the evacuation period. An employee is not entitled to additional allowance payments for such increased costs unless the allowance payments are specifically approved by the agency head or designated official. An agency may not require an employee to absorb increased expenses (e.g., long-distance calls, supplies, or delivery services) incidental to performing work from home (or an alternative location) if the increased expenditures primarily benefit the Federal Government, unless the agency has specific statutory authority to do so.

Employees who are ordered to evacuate their official duty stations may receive additional allowance payments as necessary to offset the direct added expenses incident to travel outside the limits of their official duty station—e.g., travel and subsistence expenses. During a pandemic health crisis, payment of travel and subsistence expenses should not be necessary in most situations. (See 5 CFR 550.405.).

An advance salary payment may be made to an employee who is ordered to evacuate his or her official duty station when an agency official has determined that payment in advance of the date on which the employee otherwise would be entitled to be paid is required to help the employee defray immediate expenses incidental to an employee’s departure. An advance salary payment is equivalent to a loan and must be treated as a debt owed to the Federal Government. During a pandemic health crisis, it is highly unlikely advance salary payments will be necessary, since employees will receive evacuation payments on their regular pay days. In addition, payroll providers may continue to provide employees “emergency pay” based on a “standard tour of duty” and make corrections after the fact.

Termination of Payments

An authorized agency official must terminate an employee’s advance salary payments or evacuation payments on the date of the earliest of the following events, as applicable:

          • The employee is assigned to another duty station outside the evacuation area.

          • The employee is separated from his or her position with the agency.

          • The elapsing of 180 days since the effective date of the order to evacuate.

          • The employee resumes his or her duties at the regular worksite from which he or she was evacuated after the applicable order to evacuate is rescinded.

          • The agency determines payments are no longer warranted (e.g., based on guidance provided by the Centers for Disease Control and Prevention or local health officials regarding the status of the pandemic health crisis).

Agency Plan

Agencies must establish a plan and procedures for providing evacuation payments during a pandemic health crisis. A Sample Agency Plan is available on OPM’s Website at http://www.opm.gov/oca/pay/html/PandEvacPlan.asp.

References

          • 5 U.S.C. 5522 – 5524 and 5 U.S.C. 5526 – 5527

          • 5 CFR part 550, subpart D

The Federal Government offers numerous leave flexibilities to assist employees who are affected by a pandemic influenza:

Sick Leave – An employee may use any or all accrued sick leave when he or she is unable to perform his or her duties due to physical or mental illness; is receiving medical examination or treatment; or when he or she would, as determined by the health authorities or a health care provider, jeopardize the health of others because of his or her exposure to a communicable disease. Link to guidance

Sick Leave for General Family Care and Bereavement – An employee may use a total of up to 104 hours (13 days) of sick leave each leave year to provide care for a family member who is ill or receiving medical examination or treatment or to make arrangements necessitated by the death of a family member or attend the funeral of a family member. The amount of sick leave permitted for family care and bereavement purposes is pro-rated for part-time employees and employees with uncommon tours of duty in proportion to the average number of hours of work in the employee’s regularly scheduled administrative workweek. Link to guidance

Sick Leave To Care for a Family Member with a Serious Health Condition – An employee may use a total of up to 12 workweeks of sick leave each leave year to care for a family member with a serious health condition. If an employee has already used 13 days of sick leave for general family care and bereavement purposes (discussed above), the 13 days must be subtracted from the 12 weeks. Link to guidance

Annual Leave – An employee may use any or all accrued annual leave for personal needs, such as rest and relaxation, vacations, medical needs, personal business or emergencies, or to provide care for a healthy or sick family member, including providing child care when a child care center is closed due to a pandemic. An employee has a right to take annual leave, subject to the right of the supervisor to schedule the time at which annual leave may be taken. Link to guidance

Advance Annual and/or Sick Leave – If an employee has exhausted his or her accrued annual or sick leave, he or she may request advance annual and/or sick leave. The amount of annual leave that may be advanced may not exceed the amount the employee will accrue during the remainder of the leave year. A maximum of 30 days of sick leave may be advanced for an employee’s serious disability or illness. Link to guidance

Leave Without Pay (LWOP) – If an employee has exhausted his or her available annual or sick leave or other forms of paid time off, he or she may request leave without pay (LWOP). LWOP is a temporary nonpay status and absence from duty that, in most cases, is granted at the employee's request. Link to guidance

Family and Medical Leave – An employee may invoke his or her entitlement to unpaid leave under the Family and Medical Leave Act of 1993 (FMLA). Under the FMLA, an employee may take up to 12 weeks of leave without pay for a serious health condition that prevents an employee from performing his or her duties or to care for a spouse, son or daughter, or parent with a serious health condition. An employee may substitute his or her accrued annual and/or sick leave for unpaid leave in accordance with current laws and regulations governing the use of annual and sick leave. Link to guidance

Excused Absence (Administrative Leave) – OPM will consult with Federal agencies and Administration officials to develop a consistent, Governmentwide approach to the use of excused absence in appropriate circumstances.

Donated Leave

If an employee has a personal or family medical emergency or is adversely affected by a major disaster or emergency, he or she may qualify for donated annual leave from the Federal voluntary leave transfer program, voluntary leave bank program, and/or emergency leave transfer program.

Voluntary Leave Transfer Program – The voluntary leave transfer program allows Federal employees to donate annual leave to assist another Federal employee who has a personal or family medical emergency and who has exhausted his or her own available paid leave. All agencies must establish a voluntary leave transfer program. Link to guidance

Voluntary Leave Bank Program – The voluntary leave bank program allows Federal employees who are members of the agency’s voluntary leave bank to receive donated annual leave from the leave bank if the employee experiences a personal or family medical emergency and has exhausted his or her own available paid leave. An agency is not required to establish a voluntary leave bank program. Link to guidance

Emergency Leave Transfer Program – An emergency leave transfer program, established by OPM when directed by the President, allows an employee in any Executive agency to donate annual leave for transfer to Federal employees who are adversely affected by a major disaster or emergency, such as a flood, earthquake, tornado, bombing, or a pandemic influenza. An employee is not required to exhaust his or her available paid leave before receiving donated annual leave. Link to guidance

Other Paid Time Off

An employee may use earned compensatory time off, compensatory time off for travel, and/or credit hours if he or she is unable to report for work as a result of a pandemic influenza.

Compensatory Time Off – Compensatory time off is earned time off with pay in lieu of overtime pay for overtime work. Link to guidance

Compensatory Time Off for Travel – Compensatory time off for travel is earned time off with pay for time spent in a travel status away from the employee’s official duty station when such time is not otherwise compensable. Link to guidance

Credit Hours – Credit hours are hours an employee elects to work, with supervisory approval, in excess of the employee’s basic work requirement under a flexible work schedule. Link to guidance .

Overseas Employees

Preparation and planning for a pandemic health crisis in overseas locations is similar to other emergency planning activities. Whether a Federal employee is employed overseas or is traveling overseas, it is important for the employee to become familiar with the risks and emergency procedures that exist for the area of the stay.

The Department of State emphasizes that, in the event of a pandemic, its ability to assist Americans traveling and residing abroad may be severely limited due to restrictions on local and international movement imposed for public health reasons either by foreign governments and/or the United States. Further, American citizens should take note that the Department of State cannot provide Americans traveling or living abroad with medications or supplies, including supplies needed in the event of a pandemic.

It is likely governments will respond to a pandemic by imposing public health measures that restrict domestic and international movement, further limiting the U.S. Government’s ability to assist Americans in these countries. These measures can be implemented very quickly. The Department of State has asked its embassies and consulates to consider preparedness measures that take into consideration the fact that travel into or out of a country may not be possible, safe, or medically advisable during a pandemic. Guidance on how private citizens can prepare for a “stay in place” response, including stockpiling food, water, and medical supplies, is available on the Centers for Disease Control and Prevention (CDC) Website (www.cdc.gov/flu) and the main Federal Website www.pandemicflu.gov.

          􀂃 Overseas employees of the Department of State or of an agency whose mission is attached to an Embassy or Consulate should become familiar with emergency guidance issued by the Chief of Mission and follow all appropriate procedures.

          􀂃 Overseas employees of the Department of Defense, or of an agency whose mission is assigned to an overseas Defense installation, should become familiar with emergency guidance issued by the employing organization or the appropriate Commander and should follow all appropriate procedures.

          􀂃 Overseas employees whose mission is not attached to an Embassy, Consulate, or Defense installation should stay in regular contact with agency headquarters for guidance on what to do in the event of a pandemic health crisis in their area.

          􀂃 Federal employees traveling to overseas locations should review all advisories and guidance provided by the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), and the State Department for the area(s) of the visit, and should contact organization or agency headquarters immediately if a warning is issued for the area of travel.

CDC Information

Centers for Disease Control and Prevention (CDC) travel information related to avian influenza, including preventive measures, is available at www.cdc.gov/flu/avian and www.pandemicflu.gov.

Public Inquiries: English (888) 246-2675

Spanish (888) 246-2857 TTY (866) 874-2646 Mon-Fri 8am-11pm EST Sat-Sun 10am-8pm EST

Address: The Centers for Disease Control and Prevention

1600 Clifton Rd. Atlanta, GA 30333 USA (404) 639-3311

WHO Information

World Health Organization (WHO) guidance related to avian influenza is available at http://www.who.int/csr/disease/avian_influenza/en/.

Contact Information: Telephone: (202) 974-3787

Facsimile: (202) 974-3789

Address: WHO Liaison Office

1889 F Street, N.W., Suite 369 Washington, D.C. 20006 USA

State Department Information

General country information can be obtained from the Department of State's Consular Information Sheets at http://travel.state.gov and Embassy and Consulate Websites at http://www.travel.state.gov/travel/tips/embassies/embassies_1214.html.

Toll-free number: 1-888-407-4747

If calling from overseas: 202-501-4444

Medical Evaluation Program Guidance – Agencies may establish periodic examination or immunization programs to safeguard the health of employees whose work may subject them or others to significant health or safety risks due to occupational or environmental exposure or demands. The new programs are established through written policies or directives. (5 CFR 339.205) Link to guidance

Workforce Planning Guidance – Agencies may need to reanalyze their workforce and employment needs in light of a pandemic health crisis. OPM offers a workforce planning model and other resources to help agencies perform a workforce analysis and develop a comprehensive workforce plan. Link to guidance

Guidance on Scheduling Work and Granting Time Off to Permit Federal Employees to Participate in Volunteer Activities – The Office of Personnel Management (OPM) offers guidance to support the efforts of departments and agencies to encourage employee participation in volunteer activities. Departments and agencies should also review any applicable regulations or policies and collective bargaining agreements before making determinations on these matters. Link to guidance

U.S. Office of Personnel Management

Fact Sheet

Information for Managers and Work/Life Coordinators About the Employee Assistance Program (EAP)

          􀂃 An Employee Assistance Program (EAP) is a voluntary, work-based program that provides confidential assessment, short-term counseling, referral, and follow-up services at no cost to employees who have personal and/or work-related problems that affect attendance, work performance, and/or conduct

          􀂃 Every agency EAP has the goal of restoring valuable employees to full productivity. Following are examples of issues for which an employee may wish to contact an Employee Assistant Program counselor:

          o Alcoholism

          o Drug abuse

          o Divorce

          o Death of a loved one

          o Bankruptcy

          o Other family or workplace crisis

          􀂃 Services provided by an EAP:

          o Confidential, no cost to employee, short-term counseling to identify and assess problem(s) and help employees in problem solving

          o Referral, where appropriate, to a community service or professional resource that provides treatment and/or rehabilitation.

          o Follow up services to help an employee readjust to his or her job during and after treatment, e.g., back-to-work conferences

          o Training sessions for managers and supervisors on handling work-related problems that may be related to substance abuse or other personal and/or health-related problems

          o Briefings to educate management and union officials on the role of EAPs

          􀂃 EAPs can be important in—

          o Preventing and responding to workplace violence incidents

          o Delivering critical incident stress debriefings

          o Providing assistance to management and employees during agency restructuring or other major organizational transitions or developments

          􀂃 In cases of patterns of deficient or deteriorating performance and/or conduct, managers should let the employee know about the services of the EAP and its potential benefits.

          􀂃 Agencies may grant periods of excused absence to an employee for participation in the agency’s EAP for problem identification and referral to an outside resource and for general employee orientation or education activities.

                    􀂃 The following provisions apply to employee records and confidentiality:

                    o Privacy Act (5 U.S.C. 552a) covers all EAP records. The EAP staff should provide an employee with a written notice concerning the confidential nature of EAP records along with the conditions where information discussed in counseling may be disclosed.

                    o There are three types of disclosure:

                    􀂃 Disclosure with consent- employee’s written consent is obtained before any information is released, except where disclosure without the consent of the client is allowed

                    􀂃 Disclosure without consent- only permissible in a few instances, such as the following:

                    • to medical personnel in a medical emergency

                    • in response to a court order

                    • to comply with Executive Order 12564, “Drug Free Federal Workplace”

                    • an EAP is required by law to report incidents of suspected child abuse and neglect (in some States, elder and spouse abuse) to the appropriate State and local authorities

                    • an EAP may make a disclosure to appropriate individuals, such as law enforcement authorities and persons being threatened, if the client has committed, or threatens to commit, a crime that would physically harm someone. This may be done only if the disclosure does not identify the EAP client as an alcoholic or drug abuser

                    􀂃 Secondary disclosure- any information disclosed with the employee’s consent must be accompanied by a statement that prohibits further disclosure unless the consent expressly permits further disclosures. Only those individuals working directly with the program’s client have access to EAP client records. Clients of the EAP have the right to access their own EAP records

                    o Only those individuals working directly with the program’s client have access to EAP client records

                    o Clients of the EAP have the right to access their own EAP records

                    o All EAP records are the property of the Federal department or agency sponsoring the program

􀂃 The legal authorities for EAP are as follows: Sec. 201 of Public Law 91-616, 84 Stat. 1849, as amended and transferred to Sec. 520 of the Public Health Services Act by Sec. 2(b)(13) of Public Law 98-24 (42 U.S.C. 290dd-1).

Sec. 413 of Public Law 92-255, 88 Stat. 84, as amended and transferred to Sec. 525 of the Public Health Services Act by Sec. 2(b)(16)(a) of Public Law 96-24 (42 U.S.C. 290ee-1), and Sec. 7361 and Sec. 7362 of Public Law 99-570.

Public Law 99-570 (5 U.S.C. 7361 and 7362), The Federal Employee Substance Abuse Education and Treatment Act of 1986 and 5 CFR part 792 require Federal agencies to establish appropriate prevention, treatment, and rehabilitative programs and services for alcohol and drug abuse problems for Federal civilian employees.

Public Laws 96-180 and 96-181 authorize the agency to extend counseling services, to the extent feasible, to family members of employees who have alcohol and drug problems and to employees with family members who have substance abuse problems.

Public Law 79-658 authorizes the head of agency to establish health services programs for employees. It also forms the basis for expanding counseling programs from those dealing solely with substance abuse to broad range programs which provide counseling for other personal problems, e.g., family, financial, marital issues.

Executive Order 12564 requires an agency to establish a drug-free Federal workplace program, including an EAP, as an essential element in achieving a drug-free workforce. Agencies must refer all employees to the EAP for assessment, counseling, and referral for appropriate treatment or rehabilitation if the employee has been found using illegal drugs.