§6502 Executive agencies telework requirement

Summary

Within 180 days after this chapter becomes law, each head of an executive agency must make a telework policy. The agency must decide who can telework, allow eligible employees to telework, and tell every employee whether they are eligible. An employee cannot telework if they were officially disciplined for being absent without permission for more than 5 days in a year or for viewing, downloading, or sharing pornography, including child pornography, on a government computer or while doing official duties. The policy must not reduce employee performance or agency operations and must include a required written agreement between the manager and the teleworking employee that spells out the work arrangement. Employees can be denied or removed from telework if they do not meet the agreement. Except in emergencies set by the agency head, employees who daily handle secure materials the agency says are not appropriate for telework, or who must do on-site work that cannot be done remotely, are not eligible. The policy must be part of the agency’s continuity plans and must list when temporary work from approved overseas locations is allowed, though not if the job requires monthly handling of secure materials unless there is an emergency. If an employee is placed on investigative leave under section 6329b, the agency may require telework of similar duties only if it would not create danger, destroy evidence, damage government property, or harm government interests, the employee is eligible, and the agency finds it appropriate.