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Although there is no “one size fits all” approach to making eligibility determinations, every
employing authority should take into consideration the following criteria when determining
eligibility for telework:
1. Operational Needs of the Office: The employee’s official duties and responsibilities must be
able to be performed at an alternate work site without diminishing the employee’s
performance or office operations in any way. This includes consideration of whether the
employee can be as responsive to managers, coworkers, colleagues, stakeholders, and
constituents from the alternate work site as when such services are provided from the primary
duty station.
2. Employee’s Job Responsibilities: The position must generally be one which requires
minimum levels of supervision when the employee is performing work at an alternate work
site. For instance, an employee may have certain responsibilities that require direct
supervision, and which would not be amenable to telework. The employee may perform
other functions which require minimal supervision. In such a case, it may be appropriate to
allow the employee to telework only when performing duties that require minimal
supervision. If the employee is responsible for the direct supervision of other employees, the
employee must demonstrate an ability to effectively supervise others from an alternate work
site.
3. Employee’s 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. Employing authorities may want to consider performance
evaluations in assessing this standard. Additionally, to ensure continued compliance,
employing authorities are strongly encouraged to consider instituting regular check-ins
for teleworking employees (e.g., when they begin work for the day, end work for the
day, providing summaries of work performed while teleworking, etc.).
4. Employee Exempt Status Under the Fair Labor Standards Act (FLSA): When determining
employee eligibility for teleworking, employing authorities must be cognizant of the
potential difference in their ability to monitor hours worked when an employee performs
work at an alternate work site. The FLSA requires that all employees (unless exempt) be paid
overtime for hours worked over 40 in any workweek, and this requirement applies equally to
work performed at an alternate work site as to work performed physically in the office.
Employing offices must ensure that the hours worked by teleworking employees (unless
FLSA exempt) are carefully monitored to ensure that relevant overtime obligations are met.
One way to do this would be to require the employee to certify by email to their supervisor
daily their starting and ending time each day (and any breaks of 20 minutes or longer) and
identify any time outside of normal work hours when they perform work. OHEC can assist
employing authorities in determining which employees may be “exempt” from the FLSA’s
overtime requirements, and in determining whether time is concerned “work time” under the
FLSA. (Exemption status under the FLSA is different than essential/non-essential status
associated with furlough.)