Instruction 990-1, Workplace Flexibilities

Effective Date: 02/09/2022
Revised: 03/22/2022

Material Transmitted:

Department of Health and Human Services (HHS) Instruction 990-1, Workplace Flexibilities, dated February 9, 2022.

Material Superseded:

For non-Bargaining Unit Employees: HHS Instruction 990-1.2, Telework, September 18, 2011

Background:

This Instruction establishes HHS' policy on the various workplace flexibilities available to employees in the performance of their duties consistent with applicable law, regulation, and guidance from the Office of Personnel Management (OPM). In March 2022, the Workplace Flexibilities Agreement was finalized.

This policy is effective immediately and must be carried out by HHS Operating and Staff Division HR Centers in accordance with applicable laws, regulations, collective bargaining agreements, and Departmental policy.

/s/ W. Robert Leavitt
Deputy Assistant Secretary for Human Resources Chief Human Capital Officer

990-1-00 Sections

990-1-10       Purpose
990-1-20       Coverage and Exclusions
990-1-30       Delegation of Authority
990-1-40       References
990-1-50       Definitions
990-1-60       Responsibilities
990-1-70       Workplace Flexibilities
990-1-8

0       Determining Workplace Flexibilities Eligibility
990-1-90       Determining The Official Worksite
990-1-100 Work Related Injuries At The Alternative Worksite
990-1-110 Dependent Care
990-1-120 Leave, Early Dismissals, and Closures
990-1-130    Continuity of Operations Plan (COOP)
990-1-140    Workplace Flexibilities Approval, Denial, Suspension & Termination
990-1-150    Training Requirement
990-1-160    Documentation, Reporting, and Accountability

990-1-10 Purpose

This Instruction provides requirements and establishes standard guidelines and criteria to allow the use of broad workplace flexibilities across HHS.

When provisions of this Instruction differ from changes in applicable law or regulation, the changes in law or regulation apply.

990-1-20 Coverage and Exclusions

Coverage.
1. The provisions of this Instruction apply to all HHS employees, including employees under the Intergovernmental Personnel Act (IPA), and Federal employees on detail to the Department.
2. U.S. Public Health Service (USPHS) Commissioned Corps Officers who supervise Federal employees are required to execute the supervisory authorities outlined in this Instruction.
Exclusions. This Instruction does not cover:
1. U.S. Public Health Service (USPHS) Commissioned Corps Officers
2. Directed reassignments or administratively determined changes in duty station
The provisions in this Instruction pertaining to conditions of employment for bargaining unit employees are fully negotiable in accordance with 5 U.S.C. Chapter 71, and any such actions may require notification to labor organizations when impacted employees are bargaining unit employees. When the provisions of this Instruction differ from the requirements of any applicable Collective Bargaining Agreements (CBA), the CBA takes precedence for bargaining unit employees.

990-1-30 Delegation of Authority

The authority to develop and implement the Department-wide Instruction for Workplace Flexibilities is delegated to the Deputy Assistant Secretary for Human Resources (DAS-HR).

The authority to approve, develop, and implement an Operating Division/Staff Division (OpDiv/StaffDiv) level workplace flexibility program in alignment with this Instruction is hereby delegated to the OpDiv/StaffDiv Heads. The OpDiv/StaffDiv Head may delegate the authority to develop and implement Workplace Flexibilities Programs Managers to HR Directors or Executive Officers, as appropriate.

990-1-40 References

Public Law (P.L.) 106-346, Section 359, October 23, 2000
P.L. 111-292, H.R. 1722, Telework Enhancement Act of 2010
5 Code of Federal Regulations (CFR) § 351.203, Definitions
5 CFR § 531.605, Determining an employee's official worksite
5 CFR § 550.112(j), Official Duty Station
5 CFR § 551.422(d), Time Spent Traveling
OPM Guide to Telework and Remote Work in the Federal Government: Leveraging Telework and Remote Work in the Federal Government to Better Meet Our Human Capital Needs and Improve Mission Delivery, dated November 2021
Department of Labor Publication, CA-810, Injury Compensation for Federal Employees, Revised 2009
HHS Office of Human Resources Instruction 610-1, Establishing and Administering Hours of Duty.
HHS Rules of Behavior for the Use of HHS Information and IT Resources Policy, HHS-OCIO-OIS-2019-05-004
HHS ASA Memorandum, Delegation of Human Resources Authorities, dated October 15, 2019
HHS Travel Policy Manual (Fiscal Year 2018 – Q4)
Department of State's Memorandum, Requirements for Executive Branch Employees Teleworking in Foreign Locations, June 6, 2016 (DETO)

990-1-50 Definitions

Agency Worksite. The official Federal agency location where work activities are based, generally considered a centralized location of an employee's assigned organization. The term regular worksite is also used to describe agency worksite.
Alternative Worksite. Generally considered an employee's approved telework site, or, for a remote worker the approved remote worksite (e.g., an employee's residence).
Domestic Employees Teleworking Overseas Agreement (DETO). Approved special arrangements allowing an HHS employee working in a position within the United States to telework from a foreign location for an established period. OpDivs/StaffDivs who establish such a telework arrangement with an employee must adhere to the requirements in the Department of State's Memorandum, Requirements for Executive Branch Employees Teleworking in Foreign Locations, June 6, 2016, and the international requirements in HHS' Travel Policy Manual.
Directed/Emergency Telework. Scenarios where employees may be directed to work from a location other than the alternative worksite pursuant to an agency's Continuity of Operations Plan (COOP), or pursuant to OPM regulations at 5 CFR 550.401-408, or 5 CFR 550.409. These orders are not under an agency telework program, and thus are not dependent upon an employee having entered a telework agreement.
Eligible Positions. Positions comprised of job duties that can be effectively performed outside the agency worksite without diminishing individual or organizational performance.
Commuting Area. The geographic area that usually constitutes one area for employment purposes. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to the agency worksite.
Official Worksite. The official worksite is generally the agency worksite for most employees, including a teleworker. For a remote worker, the official worksite is generally the alternative worksite to which the employee is assigned. The official worksite is the location of an employee's duty station as documented at item 39 on an employee's Standard Form (SF) 50.
Situational/Ad Hoc Telework. A workplace flexibility allowing an employee with an approved written Workplace Flexibilities Agreement (WFA) to request to telework as the need arises. Unlike routine telework, situational/ad-hoc telework occurs sporadically on an irregular basis without a regular telework schedule.
Remote Work. A workplace flexibility allowing an employee to work at an approved alternative worksite, within or outside the local commuting area of the agency worksite, with no expectation to report to the agency worksite on a regular and recurring basis.
1. Remote – Within the Local Commuting Area. A position designation used when there is some frequency for an onsite presence (e.g., expectation for in-person collaboration or other in-person work activities on an irregular basis, or duties require an irregular, but consistent, e.g., twice per month, presence at the agency worksite). For these positions, employees should have an official worksite/alternative worksite within the local commuting area. The term "official worksite/alternative worksite" will be used throughout this Instruction in referencing a remote worker’s worksite, since their official worksite is an alternative worksite as well.
2. Remote – Outside the Local Commuting Area. A position designation used when there is little to no onsite presence (e.g., expectation is for in-person requirement once or twice annually). For these positions, employees are not required to have an official worksite/alternative worksite within the local commuting area.
Routine Telework. A workplace flexibility, in which an employee, under a written agreement, is scheduled to perform their work at an approved alternative worksite on a regular and recurring basis.
Telework. Is codified at 5 U.S.C. 6501 and refers to a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.
Telework Ready. The capability for an employee to work from an alternative worksite as may be required to continue operations through the efficient and effective use of information technology and telecommunication.
Workplace Flexibilities Agreement (WFA). A written agreement between the employee and the agency that allows employees and supervisors to establish telework or remote work in accordance with this Instruction.
Workplace Flexibilities Officer (WFO). HHS-level official charged with overseeing the Workplace Flexibilities Program across the Department.
Workplace Flexibilities Program Manager (WFPM). OpDiv/StaffDiv program manager charged with overseeing the Workplace Flexibilities Program within their OpDiv/StaffDiv.
Workplace Flexibilities Program (WFP). A program that promotes use of telework, and/or remote work to promote a work/life balance for employees.

990-1-60 Responsibilities

HHS Assistant Secretary for Administration, Office of Human Resources (ASA/OHR):
1. Develops Department-wide human resources Instruction and guidance consistent with HHS and the Office of Personnel Management (OPM) policies, procedures, and all applicable Federal laws and regulations.
2. Designates a WFO to implement and oversee the Department's WFP and to incorporate workplace flexibilities into everyday business operations.
3. Periodically reviews and reports Operating Division and Staff Division (OpDiv/StaffDiv) workplace flexibility data to ensure conformance with HHS and OPM policies and guidance, and all applicable Federal laws and regulations.
Workplace Flexibilities Officer (WFO): The WFO is responsible for overarching management and administration of the Department's WFP including, but not limited to:
1. Develops workplace flexibilities guidance and implement WFP Department-wide.
2. Manages compliance and accountability for WFP training requirements for all employees.
3. Leads the development of goals and metrics to evaluate Program effectiveness and data collection related to reporting requirements.
4. Periodically reviews OpDiv/StaffDiv program implementation procedures, actions, qualification standards, and reports to ensure conformance with HHS and OPM policies and guidance and all applicable Federal laws and regulations.
5. Serves as the primary HHS point of contact with OPM on workplace flexibilities.
6. Serves as a resource for managers and employees with regards to workplace flexibilities.
OpDiv/StaffDiv Heads:
1. Ensures Division compliance with this Instruction and applicable Federal laws and regulations related to workplace flexibilities.
2. Ensures the fair and equitable implementation and use of workplace flexibilities across the respective Division.
3. Ensures Division collaboration with WFO to address OpDiv/StaffDiv-specific needs.
4. Designates a WFPM for the Division or delegate authority to designate the WFPM as appropriate.
Human Resource Centers (HR Centers) Directors:
1. Complies with this Instruction and applicable Federal laws and regulations related to workplace flexibilities.
2. Ensures the employee's locality pay and benefits align with the employee's official worksite in accordance with 5 CFR 531.605.
3. Ensures changes to the official worksite (personnel action requests) are processed in a timely manner, generally within one pay period of receipt of the request.
4. Ensures compliance with and implementation of Workers' Compensation benefits and processes.
5. Ensures appropriate collective bargaining obligations are applied and satisfied.
OpDiv/StaffDiv Workplace Flexibilities Program Managers (WFPM):
1. Complies with this Instruction and applicable Federal laws and regulations related to workplace flexibilities.
2. Develops OpDiv/StaffDiv workplace flexibilities guidance in accordance with this Instruction and ensure proper implementation at OpDiv/StaffDiv.
3. Manages compliance and accountability for WFP training requirements for OpDiv/StaffDiv employees.
4. Establishes procedures, in coordination with HR Center, to ensure OpDiv/StaffDiv employee's locality pay and benefits align with the employee's official worksite, and is appropriately represented on their WFA.
5. Coordinates, as necessary, with the HR Center, hiring manager and the WFO to ensure proper implementation and oversight of the OpDiv/StaffDiv WFP.
6. Provides information and data to the WFO when requested.
7. Serves as the OpDiv/StaffDiv primary subject matter expert for the WFP and point of contact for addressing employee and supervisor inquiries.
8. Ensures employee WFAs remain current and accurate.
Supervisors:
1. Complies with, apply and enforce this Instruction and applicable Federal laws and regulations related to workplace flexibilities.
2. Ensures the fair and equitable implementation and use of workplace flexibilities across subordinate staff.
3. Ensures employee position description and assigned duties accurately reflect the employee's duties and responsibilities, and position eligibility is in alignment with the PD and assigned duties.
4. Reviews employees' requests for a WFA and approve, disapprove, or modify the request in accordance with this Instruction, any applicable OpDiv/StaffDiv guidance, and collective bargaining agreement requirements. Ensure employees renew their agreement annually.
5. Complies with OpDiv/StaffDiv procedure for timely notification to the HR Center for any change to an employee's official worksite, generally within one pay period of the change.
6. Annually, completes the assigned mandatory workplace flexibilities training as required.
7. Ensures employees complete annual mandatory workplace flexibilities training.
8. Ensures compliance with current travel policies and guidance as they pertain to the approved workplace flexibility, this Instruction, and the employee's official worksite.
9. Ensures employee's transit subsidy application aligns with the employee's WFA.
10. Ensures employees in telework and remote work status receive the same benefits and opportunities (e.g., work assignments, awards and recognition, development opportunities, etc.) as employees who do not participate in a WFP.
Employees:
1. Complies with this Instruction, OpDiv/StaffDiv guidance, procedures, etc., and applicable Federal laws and regulations related to workplace flexibilities.
2. Ensures WFA accurately reflects alternative worksite information, timely request an update to the WFA if circumstances change and renew the WFA annually.
3. Obtains supervisor's approval prior to making any changes to their alternative worksite and/or schedule.
4. Completes mandatory workplace flexibilities training prior to entering into any WFA. Training is required annually, or for each new WFA.
5. Maintains a current WFA detailing any emergency responsibilities specified for a continuity of operations and/or other emergency event, as appropriate for the approved flexibilities.
6. Notifies the supervisor of a decision to end participation in the WFP.
7. Notifies supervisor within one (1) hour whenever problems arise that may adversely affect ability to perform work at the alternative worksite (e.g., power outages, technology issues, sick family members who require substantial attention, or other personal matters impacting their ability to perform their duties).
8. Complies with the appropriate protocol for reporting computer security incidents or when the employee suspects there may have been an incident.
9. Adheres to the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR Part 2635) and to supplemental standards, as issued.
10. During the hours the employee is on duty, regardless of worksite, the employee must be accessible by telephone, e-mail, instant messaging system, or other appropriate communication technology or software, as determined by management.
11. Ensures all Government-owned equipment is used in compliance with Departmental and OpDiv/StaffDiv policy. Additionally, the employee shall ensure they use the Department's VPN account to access all Government systems while working at a site other than the agency worksite.
12. Those employees who telework on a situational/ad-hoc basis should participate in telework at least once per quarter to ensure readiness and to maintain the necessary discipline, approach, and skills.
13. Be familiar with the agency's emergency plans (continuity plan, pandemic plan, etc.) and the manager's expectations for how the employee will telework during such events.

990-1-70 Workplace Flexibilities

Workplace Flexibilities offered by the Department allow for the accomplishment of an employee's duties at an alternative duty station. Flexibilities offered for each position are dependent upon the nature of work, and in accordance with the ability to complete the activity at an alternative worksite. Participation in the WFP is voluntary. An approved WFA is required for participation in any WFP.

Telework is a workplace flexibility that allows an employee the flexibility to perform the duties and responsibilities of the employee's position, and other authorized activities, from an approved alternative worksite. Position eligibility for telework is determined by the nature of work and how many hours of work must be accomplished at the agency worksite during the typical bi-weekly pay period.
1. The official worksite for an employee with a WFA to telework is the agency worksite.
2. Options for telework as a flexibility include:
  1. Routine telework:
    1. Routine telework allows an employee to work from an approved alternative worksite following a regular and recurring schedule in accordance with an approved WFA.
    2. Employees with a WFA for routine telework must be scheduled and physically report to the agency worksite at least two days each bi-weekly pay period.
    3. Employees with a WFA for routine telework may also be eligible for situational/ad-hoc telework on an as needed basis and only with advance supervisory approval.
  2. Situational/Ad-hoc telework:
    1. Situational telework is sometimes referred to as unscheduled or ad-hoc telework.
    2. Employees who do not have a routine telework WFA but may have a need to telework on an irregular basis either for mission needs or personal convenience should be eligible to participate in situational/ad-hoc telework WFA. Supervisors are encouraged to allow for situational/ad-hoc telework and seek to make reasonable adjustments to allow for situational/ad-hoc telework.
    3. Employees with a situational/ad-hoc telework WFA must receive advance approval prior to using situational/ad-hoc telework. An employee who fails to obtain advance approval, maybe disciplined, up to and including removal.
    4. Employees with only a WFA for situational/ad-hoc telework should telework at least once every three months to maintain telework readiness.
  3. An employee with a WFA for routine or situational/ad-hoc telework is generally required to work during inclement weather days, emergency events, or other days as required by the agency, unless the employee requests leave.
Remote work allows an employee the flexibility to work from a single approved alternative worksite within or outside the local commuting area of the agency worksite with no expectation to report to the agency worksite on a regular bi-weekly pay period basis.
1. A position may be eligible for remote work (within or outside of the local commuting area) if the nature of work requires onsite work to be performed less than two days during a typical bi-weekly pay period.
  1. Positions should be designated as “remote within the local commuting area of the agency worksite”, if there is some frequency with which the position requires an onsite presence (e.g., employee may be required at the agency worksite less than 2 days per bi-weekly pay period, or employee may be required at in-person work activities including, for collaboration, on an irregular basis, or duties require an irregular, but consistent, e.g., twice per month, presence at the agency worksite). For these positions, employees should have an official worksite/alternative worksite within the local commuting area.
  2. Positions should be designated as “remote outside the local commuting area of the agency worksite”, if the position requires little to no onsite presence (e.g., once annually). For these positions, employees are not required to have an official worksite/alternative worksite within the local commuting area. Refer to the HHS Travel Policy for specific guidance.
2. The official worksite for an employee with an approved WFA for remote work, whether it is in the local commuting area or outside of the local commuting area, is the approved alternative worksite (e.g., the employee's home).
  1. Changes to the Official Worksite/Alternative Worksite.
    1. Employees must request to change the location of their official worksite/alternative worksite for remote employees in advance. Supervisors are encouraged to be flexible with a remote employee's official worksite/alternative worksite, provided it continues to meet the agency's needs and does not negatively impact the mission including, increase expenses for the agency. Employees may not begin working at a new official worksite/alternative worksite until it has been approved.
    2. Upon approval of a new official worksite/alternative worksite for a remote employee, the employee must submit a new WFA with the new location.
    3. Employees, whose WFA is modified at the request of the employee, are responsible for all expenses that may be incurred associated with the relocation.
    4. The supervisor, in consultation with HR, will determine the appropriate locality-pay based on the new approved official worksite/alternative worksite location and initiate any necessary changes in accordance with OpDiv/StaffDiv procedures, generally, within one pay period of the change. The new locality pay will only take effect once the employee's eOPF is updated.
    5. A remote employee's failure to timely report and obtain approval for a change to the employee's official worksite/alternative worksite may result in the suspension or termination of the employee's WFA, recoupment for overpayment of locality pay, and/or disciplinary/adverse action.
  2. Remote employees, as directed by the supervisor or if stated in the WFA, may be required to report to the agency worksite.
  3. Reimbursement for Travel to the Agency Worksite.
    1. Remote employees who have an approved official worksite/alternative worksite within 50 miles of the agency worksite may not be eligible for travel reimbursement when commuting to and from the agency worksite. Refer to the HHS Travel Policy for specific guidance.
    2. If the employee is required to be in a travel status for 12 hours or longer, the employee may be entitled to Per Diem. Refer to the HHS Travel Policy for specific guidance.
  4. Compensatory Time Off for Travel. Remote employees required to travel away from their official worksite/alternative worksite may be afforded compensatory time off for official travel, if the approved itinerary requires the employee to be in a travel status, when such time is not otherwise compensable. Refer to the HHS Travel Policy for specific guidance.

990-1-80 Determining Workplace Flexibilities Eligibility

The purpose of the HHS WFP is to expand options for when and where an employee may perform work. The Department's recruitment efforts are aided by offering various options for where and when employees may work. Workplace flexibilities help to retain existing talent and increase productivity through employee engagement. These flexibilities benefit the employee as well. Workplace flexibilities benefit the employee through the enhancement of work/life balance allowing employee satisfaction and well-being. Though not all flexibilities are available to all employees, the Department encourages management to allow some degree of workplace flexibilities to as many employees as possible.

The ability to participate in the WFP is intended to facilitate, not impede, the successful accomplishment of work. As such, not all positions will be eligible to telework or be remote. Participation in the WFP is determined by assessing several key elements involving the position, organizational/business needs of the OpDiv/StaffDiv, and the employee's eligibility:

The Position:
1. The nature of work associated with the position can be performed by allowing some or all duties to be completed without visiting the official worksite. This may include work assignments that involve field work or physical presence in some other location (e.g., court, other federal work site) that is not the official worksite.
2. Must assess position eligibility against the business needs of the organization, ensuring that the level of participation does not diminish organizational performance including, but not limited to, the impact to whether telework or remote status would negatively impact the effective accomplishment of work for others.
3. The resources required for the employee to complete the work are available/accessible virtually including, but not limited to, a computer to connect to the virtual private network (VPN), the Voice over Internet Protocol (VoIP)
4. The ability to evaluate the quantity, quality, manner of performance, and timeliness, as appropriate, for the work.
5. The number of hours required to perform work at the agency worksite determines whether the position is eligible for telework (routine or situational) or remote work (within or outside of the commuting area of the agency worksite), or onsite work.
  1. Remote Work Eligible: When duties require less than 16 hours per bi-weekly pay period at the agency worksite.
  2. Routine Telework Eligible: When duties require 16 - 64 hours per bi-weekly pay period at the agency worksite.
  3. Situational/Ad-hoc Telework Eligible: No minimum number of hours per bi-weekly pay period, determined on a project, work assignment, mission need, or in response to an employee request.

Note a position that is designated remote, is eligible for routine or situational telework based on employee preference. Similarly, a position designated routine telework is eligible for situational telework based on employee preference.

The Employee:

Employee eligibility is determined based on the factors as outlined below. Individual eligibility may be revoked if the employee’s performance diminishes or if the employee’s behavior warrants official disciplinary action. A WFA for telework or remote work may be terminated by the employee at any time and the agency may terminate a WFA if it is deemed to be in the best interest of the agency to do so.
1. For incumbent employees to be eligible to participate, the employee must have a performance plan in place and be performing at least at the fully successful level and participation is not expected to diminish organizational performance.
2. Employees hired in positions that were advertised as remote have no additional eligibility requirements.
3. An employee is considered ineligible if:
  1. The employee has been officially disciplined for being absent without leave for more than 5 days in any calendar year; or
  2. An employee has been officially disciplined for violations of the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR 2635, Subpart G) for viewing, downloading, or exchanging pornography, including child pornography on a Federal Government computer or while performing Federal Government duties; or
  3. The employee’s performance during the performance year falls below the fully successful level.

990-1-90 Determining The Official Worksite

For employees covered by a WFA, the agency must determine the employee’s official worksite on a case-by case basis pursuant to the criteria under 5 CFR 531.605(d). This determination will be made by the HR Center. The official worksite must be documented on an employee's Notification of Personnel Action (Standard Form 50 or equivalent).

Teleworking Employees (Regular, Situational/Ad-hoc, Temporary full-time).
1. The official worksite is the location of the agency worksite for the employee’s position (the place where the employee normally reports for work on non-telework days), as long as the employee is scheduled to report physically at least twice each bi-weekly pay period on a regular and recurring basis to the agency worksite.
2. For an employee whose work location varies on a recurring basis, the employee need not work at least twice each bi-weekly pay period at the agency worksite (where the employee's work activities are based) as long as the employee is regularly performing work within the locality pay area for that worksite.
Remote Employees. The official worksite is the approved alternative worksite, typically the employee’s home address, as long as the employee is not scheduled to report at least twice each bi-weekly pay period on a regular and recurring basis.

990-1-100 Work Related Injuries At The Alternative Worksite

All HHS employees are covered under the Federal Employees' Compensation Act (FECA) for injuries or occupational illness while performing official duties.

Employees must immediately report any accident or injury occurring at the alternative worksite to the employee's supervisor.
The supervisor must respond immediately, and within 24 hours of being notified by the employee, report the injury or illness to the appropriate Human Resources Center as a possible workers' compensation incident.

990-1-110 Dependent Care

While telework is not a substitute for dependent care, it can be a very valuable flexibility to employees with caregiving responsibilities by eliminating time required to commute and expanding employees' choices as to dependent care.

Employees may not telework with the intent of or for the sole purpose of meeting their dependent care responsibilities while performing official duties. While performing official duties, teleworkers and remote workers are expected to arrange for dependent care just as they would if they were working at an agency worksite; however, telework may be used as part of a more flexible work arrangement.
The flexibilities in the WFP may be leveraged to assist employees in managing and balancing dependent care responsibilities and job-related responsibilities. However, employees should not be engaging in dependent care activities when performing official duties.

990-1-120 Leave, Early Dismissals, and Closures

Employees with a WFA are required to telework on days that they are regularly scheduled to report to the agency worksite when the Federal Government has announced unscheduled leave, unscheduled telework, delayed arrival, early departures, or that Federal offices are closed to the public.
Employees with a WFA are also required to follow established leave procedures to account for time the employee is not performing work during a scheduled tour of duty.
Weather and Safety Leave
1. Employees with a WFA who are scheduled to report to the agency worksite will be required to work in the event of a weather and safety emergency in accordance with their agreement and if able to safely perform work, or to request leave to account for hours work is not performed during a scheduled tour of duty.
2. Employees with a WFA who may be onsite at the agency worksite during a weather and safety emergency may be required to resume working upon arrival to their alternative worksite and complete their tour of duty or to request leave to account for hours work is not performed during a scheduled tour of duty.
3. Weather and safety leave is permitted for employees with a WFA if the employee is unable to safely perform work at the alternate worksite (e.g., power outage due to a storm, flooding, local security concerns, or other related emergencies).

990-1-130 Continuity of Operations Plan (COOP)

As part of an OpDiv/StaffDiv Continuity of Operations Plan (COOP), telework and remote work must be incorporated into the COOP.
Employees designated as mission critical may be required to report to the agency worksite in the event of the activation of a COOP.

990-1-140 Workplace Flexibilities Approval, Denial, Suspension & Termination

Participation in the HHS WFP is voluntary and extended to provide the flexibility required of a changing workforce. WFA may be terminated by the supervisor or the employee at any time. Reasons for termination may include circumstances wherein the arrangement is no longer conducive to the business needs of the organization, the employee's performance diminishes, or the employee's circumstances change and they request an adjustment.

An employee must request and obtain approval from their supervisor, consistent with Section 990-1-60, to participate in the Workplace Flexibilities Program.
An employee's request for workplace flexibilities may be approved as submitted, modified, or denied by the supervisor.
If a request is denied or modified, the supervisor must provide the employee a written notice detailing the reason(s) for the decision within five workdays of the disapproval or modification.
A WFA must be terminated by the supervisor under these circumstances:
1. If the employee has been officially disciplined for being absent without leave for more than five (5) workdays in any calendar year. The term “official discipline” refers to a disciplinary action that results in the placement of a document in an employee's official personnel file (OPF).
2. If the employee has been officially disciplined for violations of the Standards of Ethical Conduct for Employees of the Executive Branch (5 CFR 2365, Subpart G) for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
3. If telework continues to diminish employee or agency performance, even after attempts to mitigate such diminishment have been attempted;
4. The employee does not comply with the terms of the WFA agreement.
If a WFA is being terminated, the employee will receive a reasonable amount of time to make arrangements to report to the agency worksite on a daily basis. In general, this is at a minimum a full bi-weekly pay-period for telework and remote – within the local commuting area employees, and two full bi-weekly pay periods for employees designated remote - outside the local commuting area.
Suspension of Telework or Remote Work. The agency mission may require a suspension of telework or remote work for a period of time to meet the urgent or emergency situation. Examples may include, but are not limited to, a national emergency, a mission critical-related emergency, a new mission or program establishment.
1. In these unusual situations, the agency will provide written notice and will endeavor to provide the impacted employee(s) with as much advance notice as possible.
Remote WFA Termination
1. If the WFA for remote work is terminated by the supervisor because the arrangement no longer meets the business needs of the organization, and the supervisor reassigns the employee to the agency worksite or other official worksite, the employee is entitled to relocation reimbursement.
2. If a WFA for remote work is terminated for cause such as, diminished performance or conduct violations, and the supervisor elects to reassign the employee to the agency worksite, the employee is not entitled to relocation reimbursement.

990-1-150 Training Requirement

All HHS employees are required to complete annual Workplace Flexibilities Training to participate in the WFP and to ensure the readiness of the HHS workforce in the event of an emergency or continuing operations environment.

990-1-160 Documentation, Reporting, and Accountability

Documentation. Records associated with personnel actions, including workplace flexibility agreements and documentation sufficient for third party reconstruction purposes, must be retained according to the National Archives and Records Administration (NARA) schedule. Generally, all records created in a given year must be retained for a total of three (3) years. Records involved in litigation and grievance processes may be destroyed only after official notification is received from OPM, Department of Justice, courts, or the Office of the General Counsel, etc. that the matter has been fully litigated or resolved and closed.
Accountability.
1. Each OpDiv/StaffDiv shall identify a Workplace Flexibilities Program Manager (WFPM) whose responsibilities shall include, but not be limited to:
  1. In coordination with the Department's WFPO, establish annual goals for program participation in each of the program areas (e.g., remote work, routine telework, situational telework, and flexible work schedules), and outcomes in productivity, employee engagement, and recruitment and retention.
  2. Assess the impact of the WFP on employee engagement, individual and organizational performance, and retention and recruitment to promote a highly skilled and diverse workforce, at least annually.
  3. Managing the annual training requirement for the program and ensuring all participants in the program have successfully completed training as required.
  4. Managing the annual renewal of the WFA ensuring all program participants have active agreements in place by November 30th, for the subsequent program year (January 1 – December 31).
    Maintaining records related to the administration of the WFP within their organization and meeting the Department reporting requirements.
Reporting.
HHS is required to report agency WFP participation data annually to OPM. To satisfy this obligation, the ASA/OHR will solicit relevant data quarterly. WFP Program Managers are required to submit a telework report to ASA/OHR at mailto:[email protected]. Reporting elements may include:
1. The number of employees participating in the WFP.
2. An assessment of progress in optimizing the WFP and other goals relating to:
  1. Emergency readiness
  2. Energy use
  3. Recruitment and retention
  4. Performance productivity
  5. Employee attitudes and opinions regarding remote work
  6. Best practices in OpDiv/StaffDiv remote work program
Accountability. ASA/OHR may conduct periodic accountability reviews to analyze compliance with this Instruction, HHS and OPM policy and guidance, and applicable federal laws and regulations
Appendix I - Workplace Flexibilities Agreement, HHS Form 990-1
1. HHS 990-1 - Alternative Worksite Best Practices Checklist
2. HHS 990-1 - Technology Equipment Checklist

Contact [email protected] for checklists on Alternative Worksite Best Practices and Technology Equipment.