Section 6-B1211. TELEWORK

 

1211.1 Telework is an arrangement in which an employee routinely, during a declared emergency (if directed to do so), or in situational cases as specified in this section, performs officially assigned duties at his or her home address of record.

 

1211.2 Based on the needs of the organization, and to the extent possible without diminishing employee performance, each agency is authorized to establish telework for eligible employees of the agency, except as provided in Subsection 1211.10 of this section.

 

1211.3 Telework, as provided in this section, must be offered on an equal basis to all agency employees who are in substantially similar positions.

 

1211.4 Telework shall be part of a scheduled tour of duty, subject to a written agreement between the agency and employee, and only permitted after an employee has completed any telework training required by the District of Columbia Department of Human Resources.

 

1211.5Requests to engage in telework must:

 

(a) Be signed by the employee;

 

(b) Be approved in writing and in advance by the employee’s supervisor and the agency head (or his or her designee); and

 

(c) Verify that the position, during the period which an employee will telework, and the telework arrangement comply with the conditions set forth in Subsection 1211.7 of this section.

 

1211.6 Unless otherwise approved by the agency head and personnel authority, an employee shall be limited to two (2) days per workweek of telework.

 

1211.7Positions best suited for telework are those that:

(a)Have job tasks that are quantifiable, primarily project-oriented or case-work-oriented, telephone intensive, or computer-oriented; or have work activities that can be accommodated working away from the current work location with equal efficiency as if being performed at the official work site;

 

(b)Do not require daily unscheduled face-to-face contact with other employees, supervisors, or the public in the current work location; and

 

(c)Allow meetings to be scheduled without inconveniencing or impairing the performance of co-workers.

 

1211.8 An employee, who has been approved in writing to telework, may periodically request authorization to utilize situational telework on a temporary basis for the following circumstances:

 

(a) When an employee has a short-term need for uninterrupted time to complete work on a complex project or report. In such cases, the employee must provide twelve (12)-hour advance written notification to his or her immediate supervisor, and obtain the written approval from the immediate supervisor and agency head (or his or her designee);

 

(b) When an employee is recovering from an illness or an injury and is temporarily unable to physically report to his or her official work site, but is physically and mentally able to perform his or her official duties from a remote location.  When possible, the employee must provide a twenty-four (24) hour advance written notice and must in all circumstances obtain approval from his or her immediate supervisor; or

 

(c) When, due to the occurrence of a home repair emergency, the employee is prevented from reporting to his or her official work site.   

 

1211.9An employee’s use of situational telework as provided in Subsections 1211.8(a) through (c), shall not exceed three (3) consecutive workdays.

 

1211.10Notwithstanding the provisions of Subsections 1211.8(a) through (c), and on a case-by-case basis, an agency head may authorize the use of situational telework in other circumstances.

 

1211.11An employee’s approval and use of situational telework, as provided in Subsections 1211.8(a) through (c) of this section, is at the discretion and approval of the agency head or the employee’s immediate supervisor.

 

1211.12An employee shall not be eligible to participate in telework as provided in this section if:

 

(a) The employee’s performance rating for the most recent rating period is Marginal Performer (Level 2) (or equivalent) or lower as provided in Chapter 14 of these regulations; or

 

(b) The employee is on a Performance Improvement Plan (PIP) as provided in Chapter 14.

 

1211.13Authorization to engage in telework, as provided in this section, may be rescinded by the agency head (or designee) or the immediate supervisor for reasons that include, but are not limited to, a determination that the employee has failed to accomplish the work as prescribed or due to the agency’s organizational or operational needs. 

 

1211.14 Whenever an agency head (or designee) or immediate supervisor determines that the approval for telework is to be rescinded pursuant to Subsection 1211.13 of this section, the employee shall be given, where practicable, at least two (2) weeks’ notice prior to the rescission.

 

1211.15 Upon termination of a telework agreement, the employee shall return to the duty station and tour of duty that existed prior to receiving approval to engage in telework, unless the duty station or tour of duty has been changed by the employee’s supervisor in accordance with applicable rules.

 

1211.16 Failure of an employee to return to his or her original duty station with the same  tour of duty upon rescission of an authorization to engage in telework, shall result in the forfeiture of the employee’s opportunity to engage in telework for a period of three (3) years and, if  appropriate, may result in disciplinary action.

 

1211.17 By October 1 of each year, subordinate agencies shall submit a report to DCHR covering the agency’s telework program activities for the prior fiscal year. The report shall include:

 

(a) The name, grade, step, and position title of each employee approved to telework;

 

(b) The total number of days each employee is authorized to telework per workweek;

 

(c) The total number of employees working under an approved telework  agreement;

 

(d) The number of employees that completed the required telework training;

 

(e) The number of telework agreements terminated and the reason(s) for the termination;

 

(f) The number of telework applications denied and the reason(s) for each denial; and

 

(g) A description of any employee or group of employees excluded from participating in telework and the reasons for such exclusions.

 

1211.18 The D.C. Department of Human Resources shall conduct periodic audits of subordinate agency telework programs for the purpose of ensuring compliance with the District’s personnel regulations and human resource procedures. The audit may also cover PeopleSoft actions that the agency inputs relative to telework.

 

 

authority

Sections 404(a) and 1201 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.04(a) (2014 Repl.) and §§ 1-612.01 et seq. (2014 Repl.)) and Mayor’s Order 2008-92, dated June 26, 2008.

source

Final Rulemaking published at 54 DCR 11538 (November 30, 2007); as amended by Final Rulemaking published at 59 DCR 2690, 2591 (April 6, 2012); as amended by Final Rulemaking published at 61 DCR 11412 (October 31, 2014); as amended by Final Rulemaking published at 63 DCR 7646 (May 20, 2016).