The Guide to Telework in the Federal Government informs and provides guidance on the Telework Enhancement Act of 2010, which was signed into law on December 9, 2010. The Act establishes baseline expectations for the federal telework program and is a key factor in the federal government’s ability to achieve greater flexibility in managing its workforce. The Telework Guide is an understandable roadmap for other employers to the future of a remote and plugged-in workforce, while complying with the myriad of laws that govern the traditional workplace.

The Telework Enhancement Act of 2010 defines "telework" as a work flexibility arrangement under which an employee performs his or her duties and responsibilities from an approved worksite other than the location from which the employee would otherwise work. The fundamental principle of the telework program is clear: telework is not an employee right. Federal law requires agencies to establish telework programs, but does not give individual employees a legal right to telework. Importantly, the Telework Guide states that telework may not be used as a substitute for dependent care [the Guide specifically states that it may be used as a reasonable accommodation], and that employee participation in telework is voluntary.

Telework is primarily an arrangement established to facilitate the accomplishment of work. Private employers, like federal agencies, retain the discretion and obligation to determine employee eligibility for telework subject to business-related needs. For private employers this guide is a gem; it provides guidance on the policies and procedures that the federal government considers necessary to address the risks and rewards of a remote workforce.

With respect to privacy and information security, the Telework Guide provides guidance on the proper handling of confidential information and training on appropriate safeguards for customer and employee information. The Telework Guide states, under the section entitled “Safeguarding Information and Data,” that “[e]mployees must take responsibility for the security of the data and other information they handle while teleworking.”

Interestingly, the basis of the work relationship is a “Telework Agreement.” Each eligible employee authorized to telework enters into a written agreement with his/her supervisor which includes an interactive telework training program provided to eligible employees and their managers. The program must be successfully completed by employees before entering into the written telework agreement.

Private employers will benefit from the guidance provided in The Telework Guide. Although the Guide applies only to federal employers, there are strong parallels between telework in the private and public sectors, particularly when it comes to safeguarding sensitive customer and employee information.