Employee handbook telework policies
COVID-19 changed the face of the employment environment for the foreseeable future and beyond. With the proliferation of remote work arrangements, it is essential for employers to define their policies, requirements, and eligibility to engage in remote work programs in order to streamline the process, establish expectations, and avoid legal entanglements. A well-written employee handbook can do just that. Employers should consider the why, who, where, when, what, and how of their telework policies when incorporating them into the handbook.
The why
Proven advantages of telework for employers include reduced costs for workspace, utilities, and other overhead; lower absenteeism; elimination of weather-based closures; increased productivity, morale, and retention; a competitive edge in hiring from larger geographic areas; possible accommodations for certain workers; and promoting employees’ work-life balance.
Governments also promote telework to reduce traffic congestion and benefit the environment. Courts and the Equal Employment Opportunity Commission (EEOC) have highlighted that employers may need to consider telework as a reasonable accommodation under the Americans with Disabilities Act (ADA) if it allows employees to perform essential job functions. In addition, the EEOC has indicated that long-term COVID-19 may qualify as a disability under the ADA. This determination is made on a case-by-case basis, considering whether the condition substantially limits one or more major life activities. Employers are advised to engage in an interactive process to assess reasonable accommodations for employees affected by long COVID, in compliance with ADA requirements.
Who can work remotely?
Now that we know why the company should consider remote work arrangements, the employee handbook needs to address which employees may qualify for telework. Why do some roles qualify, while others must be performed on-site? Do collective bargaining agreements come into play? Is there a limit on the number of employees who may be considered? Is the program limited to exempt employees? Is a trial period required? The handbook should also detail how an employee may make a request for telework.
Where can employees work?
We know the “where” is a remote location, and, in most cases, from home. But there’s more to it than that. The Occupational Safety and Health Administration (OSHA) generally does not hold employers responsible for inspecting or ensuring the safety of employees’ home offices under normal telework arrangements. However, because the employer’s workers’ compensation carrier may be responsible for job-related injuries, the employer may want to publicize its right to inspect the home office for safety standards in its employee handbook.
Remote workers may not only work from home but may also “hotel” or work from other locations. The policy should address any such requirements because remote workers may inadvertently establish a physical presence in a state or locality, giving rise to registration and tax issues. Further, some states have reciprocity agreements so that employees who telecommute from a state other than the one where the employer is located do not face double taxation on their incomes; other states do not. Employers should seek guidance from their state tax department or a local attorney before addressing such issues in general or in the handbook.
In addition, telework can blur lines physically for an employee at home. Drugs and alcohol may be present in the home, but the handbook’s policy should clarify testing policies and that employees are expected not to be under the influence while performing their work. To maintain professionalism and safety during telework, the employee handbook should clearly state a zero-tolerance policy for drug and alcohol use during work hours, regardless of location. It should outline performance expectations, testing procedures for reasonable suspicion or incidents, and potential disciplinary actions. Additionally, the policy should emphasize the importance of professionalism during virtual meetings and provide resources for employees seeking help with substance abuse. Employees should acknowledge and agree to these policies to ensure understanding and compliance.
When can employees work remotely?
The telework policy in an employee handbook should address when employees may work, including required core hours. It should address when employees must spend time in the office and rules for hours reporting under the Fair Labor Standards Act (FLSA). State laws may require rest breaks of specific duration, and the policy should address how non-exempt employees must document their breaks.
The what
A handbook’s telework policy must address the work that must be performed and the employer’s expectations and performance standards. The policy should make clear that all rules that apply to behavior in the workplace also apply to teleworkers. The policy should establish a clear communications process, including for “voice” commuting and phone usage. Further, the policy should clarify that remote working is not an alternative to dependent care or meant to accommodate personal or other business responsibilities.
The how
An employee handbook telework policy should clearly define rules for equipment usage, technical support, data and electronic security, information technology, and expenses. For example, states like California mandate reimbursement for certain remote work expenses, which may include partial reimbursement for the use of personal devices for business purposes.
Employees should also be responsible for maintaining company-provided equipment, ensuring its proper care, promptly reporting any issues, and returning it upon termination of employment. The policy should require employees to undergo training on IT protocols and data security to protect sensitive company information and maintain compliance with best practices. Additionally, it should specify that employees must provide appropriate documentation or receipts for reimbursement of remote work-related expenses and adhere to submission deadlines.
Additionally, the remote work policy may require employees to sign a written agreement or commitment, confirming their understanding and compliance with the outlined policies. Establishing and enforcing these well-defined standards helps employers facilitate a seamless transition to remote work while ensuring effective management in the evolving workplace landscape.
Key takeaways
Incorporating a telework policy into your employee handbook is essential for creating clear expectations and ensuring a safe and productive remote work environment. While OSHA doesn’t hold employers responsible for inspecting home offices, employers should still address work-related safety, set clear guidelines for eligibility, and outline expectations for performance and behavior. By proactively addressing these details, you can support your remote workforce while minimizing risks and fostering a positive work culture.