Employment Law Advisory Network

Telecommuting Policy

Important disclaimer: The policy available on this page is only an example and is furnished merely as an illustration of its category. It is not meant to be taken and used without consultation with a licensed employment law attorney. If you are in need of a policy for a particular situation, you should keep in mind that any sample policy such as the one available below would need to be reviewed, and possibly modified, by an employment law attorney in order to fit your situation and to comply with the laws of your state. Downloading, printing, or reproducing any of these policies in any manner constitutes your agreement that you understand this disclaimer and that you will not use the policy for your company or individual situation without first having it approved and, if necessary, modified by an employment law attorney of your choice.

TELECOMMUTING

For some positions within our organization, working away from the office, or telecommuting, may be possible. Telecommuting can be a privilege, or a necessity, or a combination of both, depending upon the circumstances. No particular positions have been designated as "telecommuting positions"; rather, certain positions may from time to time be suitable for performance outside the workplace, and in such a case, a supervisor may allow all or part of the duties of the position to be performed away from the office on a temporary or ongoing basis. However, no such arrangement is promised or guaranteed, and no particular duration of telecommuting is guaranteed. If telecommuting is allowed for a position, it will last as long as it is appropriate for both the employee and the organization.

Employees wishing to be considered for working by telecommuting must apply for such consideration. The request may be granted or denied. If granted, the supervisor and the employee will work out the arrangement. Such arrangement must be set forth in writing and signed by both the employee and the supervisor. The arrangement must at a minimum cover the following:

  1. the duties that will be performed away from the office;
  2. how deadlines will be handled;
  3. hours to be worked;
  4. how hours worked will be recorded;
  5. if overtime is to be handled any differently than in the office, how it will be handled;
  6. the amount of notice to be given of any change in the arrangement;
  7. how much time the employee should spend in the office and when the employee should report back to the office;
  8. how the employee and the organization will be able to contact each other during the workday;
  9. any changes in workplace policies that may be necessary due to the telecommuting arrangement; and
  10. the employee's understanding and agreement that the telecommuting arrangement is at the will of the organization and may be altered or terminated at any time.

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Again, it is not recommended to simply adopt this sample policy for your situation without first seeking the advice of an employment law attorney. There is almost an infinite variety of policies for various kinds of workplaces and different kinds of situations. Moreover, the laws vary widely from state to state in some areas of employee relations. Thus, it is very important to make sure that what you have in your policy handbook not only truly meets your needs, but also complies with your state's law.

Don't know an attorney? Contact ELANet for information on how to find an attorney concerning the design or review of employment policies for your situation:

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Employment Law Advisory Network, Inc.

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