Many employers are addressing the changing needs of the workforce and rising gas prices by offering telecommuting as an option for employees who desire more flexibility. In some cases, it may be beneficial for an employer because of office space limitations, or the talent is elsewhere in the country and relocation is not an option.
What is telecommuting?
Telecommuting is when an employee works from a place other than the company's place of business. It can be either a full-time or a part-time work situation. Telecommuting is not "flex time" nor does it change an employer's legal obligations under wage and hour laws for nonexempt employees.
Does my company have to offer telecommuting?
No, but it may be a reasonable accommodation for an employee with a disability.
How can my company implement a telecommuting policy?
It is important that your company has a written telecommuting policy so employees understand their rights and obligations. Managers and supervisors must know that not every employee will be allowed to telecommute. An analysis of job duties and employee performance should be undertaken before a final decision is made. If an employee does express an interest in telecommuting, he or she should complete a Telecommuting Request form.
If my company offers telecommuting, do we have to make it available to everyone?
Telecommuting policies should be implemented in a nondiscriminatory manner, consistent with a company-implemented telecommuting policy. However, not all positions or individuals within your company will be appropriate for telecommuting. Use the Telecommuting Request Checklist to help you analyze whether telecommuting is a good option for an employee who requests it.
Do the same policies apply to employees who telecommute?
Yes. In addition, you should ensure the employee's workspace is safe by completing a Telecommuting Safety Checklist and reviewing your safety policies with the employee. It is also important to emphasize that all company policies, including your company's voice-mail and e-mail, Internet usage, and use of company property policies, will still be enforced.
What kind of work schedule will a telecommuter have?
This is up to your company. An employee who telecommutes should have the same attendance and job performance expectations as if he or she were working in the company's place of business. These issues should be discussed with the employee, such as reporting to his or her supervisor, how a nonexempt employee's hours and breaks will be tracked, how the employee will communicate with the office (e.g. phone, e-mail, cell phone), and how the office can reach the employee. Such issues can be documented in a Telecommuting Agreement.
What if the telecommuting arrangement is not working out?
Employers are not required to offer telecommuting, but if you do, make sure it is clear to employees that you can revoke the arrangement at any time.
Are we required to give telecommuting employees a workplace poster for their home?
If an employee works from home full-time and does not visit your place of business on a regular basis (generally at least once a month), then you should provide a workplace poster to the employee. If the employee works out of state, post the federal-only poster and contact the Department of Labor in the state where the employee resides to determine other required postings.