Instruction 990-1, Workplace Flexibilities

Effective Date: 04/22/2024
Revised: 04/22/2024

Material Transmitted:

Department of Health and Human Services (HHS) Instruction 990-1, Workplace Flexibilities, dated April 22, 2024.

Material Superseded:

HHS Instruction 990-1, Workplace Flexibilities, dated February 9, 2022.

Background:

This Instruction establishes the Department of Health and Human Service (HHS) Workplace Flexibilities Program (WFP) and supersedes all previously issued workplace flexibilities policy and guidance.

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.

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
990-1-80   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 Closure
990-1-130  Continuity of Operations Plan (COOP)
990-1-140  Workplace Flexibilities Approval, Denial, Suspension and Termination
990-1-150  Training Requirement
990-1-160  Documentation, Reporting, and Accountability

Appendix – Mission Critical Occupations Eligible for Remote Work Without Board Approval*

990-1-10 Purpose

This Instruction establishes standard agency guidelines for participation in the Workplace Flexibilities Program (WFP). These flexibilities include Routine Telework, Ad-Hoc Telework, Situational Telework, and Remote Work while fostering an environment of meaningful workplace presence at HHS facilities to accomplish the mission.

When this Instruction’s provisions differ from changes in applicable law or regulations, the newest legislative change in law or regulation will apply.

990-1-20 Coverage and Exclusions

  1. Coverage.
    1. The provision of this Instruction applies to all HHS employees as defined in 5 U.S.C. § 2105. All employees are encouraged to enter a Workplace Flexibility Agreement for telework readiness even if they are not designated as a routine teleworker; this also includes non-Federal employees assigned to the agency 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 responsibilities and authorities outlined in this Instruction.
  2. Exclusions. This Instruction does not apply to USPHS Commissioned Corps Officers or contractors.
  3. Bargaining Unit Employees. The provisions of this Instruction pertaining to conditions of employment of bargaining unit employees are fully negotiable in accordance with 5 U.S.C. Chapter 71. When the provisions of this Instruction differ from the requirements contained in applicable collective bargaining agreement(s) (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 within the delegated authority of the Deputy Assistant Secretary for Human Resources (DAS-HR). See HHS DASHR Memorandum, Delegation of Human Resources Authorities, dated May 9, 2022.  Human Resources Directors (HRD) are delegated authority to administer a work life program for their serviced Division, including workplace flexibilities in accordance with this policy.

990-1-40 References

  1. Public Law (P.L.) 106-346, Section 359, October 23, 2000
  2. Public Law (P.L.) 111-292, H.R 1722, Telework Enhancement Act of 2010, December 9, 2010
  3. 5 C.F.R. § 351.203, Local Commuting Area Definition
  4. 5 C.F.R. § 531, Subpart F, Locality Pay Systems
  5. HHS Instruction 610-1, Establishing and Administering Hours of Duty, December 2, 2021
  6. HHS-OCIO-OIS-02-09-2023, HHS Rules of Behavior for the Use of HHS Information and IT Resource Policy
  7. HHS Travel Policy
  8. HHS ASA Memorandum, Delegation of Human Resources Authorities, dated October 15, 2019
  9. HHS DASHR Memorandum, Delegation of Human Resources Authorities, dated May 9, 2022
  10. OPM Memorandum to Executive Department and Agencies, 2021 Guidance to Telework and Remote Work in the Federal Government, November 12, 2021
  11. OPM Memorandum, Remote/Telework Enhancement to Enterprise Human Resource Integration Data File, March 7, 2023
  12. OPM Memorandum, CPM 2023-16, Guidance on Hours of Work for Telework and Remote Work Employees, August 21, 2023
  13. OMB M-23-15 Measuring, Monitoring and Improving Organizational Health and Organizational Performance in the Context of Evolving Agency Work Environments, April 13, 2023

990-1-50 Definitions

  1. Agency.  For the purpose of this Instruction, the organizational components of the U.S. Department of Health and Human Services, Operating Divisions (OpDivs) and Staff Divisions (StaffDivs), are agencies. Using the term “agency” to refer to HHS organizational components does not establish such components as the Executive Agency or infer Executive Agency authorities.
  2. Agency Worksite.  The official Federal agency location where work activities are based is generally considered a conventional worksite/location of an employee's assigned organization. The term regular worksite is also used to describe agency worksite.
  3. Alternative Worksite.  A location other than the agency worksite where an employee is approved to work from. Generally, it is considered the employee's approved telework or remote worksite (e.g., an employee's residence or other approved work location). See also Alternate Worksite Best Practices Checklist
  4. Business Communication Tool.  Information Technology communication hardware, software, and services include, but are not limited to, computers, telephones, email, instant messaging, alert services established by the agency.
  5. Collective Bargaining Agreement (CBA).  A negotiated written agreement between an employer and a union comprised of workers that governs certain terms and conditions of the workers’ employment.
  6. Domestic Employees Teleworking Overseas Agreement (DETO).  Approved telework arrangement authorizing an HHS employee working in a position within the United States to telework from a foreign location for an established period. DETO arrangements are a discretionary workplace flexibility, not an employee entitlement. These telework arrangements must adhere to the HHS Office of Global Affairs (OGA) DETO Policy which covers 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. All DETO requests must be routed by the servicing HR Center to OGA for review and approval at os-oga-hhs-globalstaffing@hhs.gov.
  7. Directed/Emergency Telework.  Scenarios where employees may be directed to work from a location other than the agency worksite pursuant to an agency's Continuity of Operations Plan (COOP) or OPM regulations as applicable. These orders are not under an agency telework program and thus are not dependent upon an employee having entered a telework agreement.
  8. Intergovernmental Personnel Act (IPA).  A program that provides for the temporary assignment of personnel between the Federal Government, state and local governments, colleges and universities, Indian tribal governments, federally funded research and development centers, and other eligible organizations (5 U.S.C. § 3371 and 5 C.F.R. Part 334).
  9. Eligible Positions.  Approved positions comprised of portable job duties that can be effectively performed outside the agency worksite without diminishing individual performance or organizational operations.
  10. Government Furnished Equipment.  Government-owned property, to include but not limited to Information Technology, devices, hardware, equipment, tools, services, licenses, or any other item or thing of value provided as necessary for performing the business of the Government.  See also HHS Policy for Rules of Behavior for Use of Information and IT Resources and Technology Equipment Checklist.
  11. Local Commuting Area (LCA).  The local commuting area is the geographic area that 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 their official worksite of record (5 C.F.R. §351.203), unless the employee is covered under a collective bargaining agreement (CBA), in which case the CBA shall govern. The local commuting area of a remote employee is based on the employee’s position of record (see definition of Position of Record. below).
  12. Medical Telework.  A situational telework short-term workplace flexibility option allowing the employee to telework allows three (3) days of telework per week, for up to two (2) weeks, used as the need arises for individuals with a temporary medical condition or recovering from a medical procedure. This usage requires a note from the caring physician or other appropriate health practitioner.
  13. Mission Critical Occupations (MCO). The MCOs in Appendix 1 of this Instruction are eligible for remote work within HHS.
  14. Mobile Work.  A Mobile Work Agreement (MWA) supports routine and regular travel by an employee to conduct duties outside of their assigned official worksite. The employee must have access to the necessary technology and resources to complete their work assignments. Mobile work may include but is not limited to the following: site audits, site inspections, investigations, and property management while commuting, and travelling between worksites, or while on Temporary Duty (TDY).
  15. Official Station.  An area defined by the Agency that includes the location where the employee regularly performs their duties. The area may be a mileage radius around a particular point, a geographic boundary, or any other definite domain where the employee regularly performs their duties.  If the employee's work involves recurring travel or varies regularly, the location where the work activities of the employee's position of record are based is considered the regular place of work.
  16. Official Worksite.  The official worksite, also known as the “position of record,” generally is where the employee regularly performs their duties as determined by the agency. For employees covered by a Workplace Flexibilities Agreement (WFA), the official worksite is determined according to the criteria in 5 C.F.R. § 531.605(d). The city, county, and state where the official worksite is located is documented as the employee’s duty station on the Standard Form 50, Notification of Personnel Action; block 38, “Duty Station Code,” and block 39, “Duty Station.” For a remote worker, the official worksite is generally the alternative worksite to which the employee is assigned or approved to work.
  17. Position of Record.  The position of record, also known as the “official worksite,” is where the employee is assigned to perform their duties regularly as determined by the agency. The city, county, and state where the position of record is documented on the Standard Form 50, Notification of Personnel Action, Block 38, “Duty Station Code,” and Block 39, “Duty Station.” This may be further delineated as an address in Block 45 “Remarks.” A position of record may be an address other than the agency worksite when the employee is a remote worker.
  18. Situational/Ad Hoc Telework.  Workplace flexibility that allows an employee with an approved WFA to request telework as needed. Unlike routine telework, situational/ad-hoc telework occurs sporadically without a regular telework schedule. For agency reporting consistency purposes, situational medical telework should be coded in the time and attendance system as #585 Situational.
  19. Meaningful In-Person Work.  In-person work performed at an agency worksite that is purposeful, well-planned, and optimized for in-person collaboration.
  20. Official Travel.  Travel under an official travel authorization away from an employee’s official station or other authorized point of departure to a temporary duty location and return from a temporary duty location between two temporary duty locations or relocation at the direction of a federal agency.
  21. Remote Work.  Workplace flexibility allows an employee under an approved WFA to work at an approved alternative worksite, with no expectation to report to the agency worksite on a regular or recurring basis within a bi-weekly pay period. Remote work does not include circumstances when an employee’s work situation changes due to permanent agency closure.
  22. Remote Worker.  An agency employee authorized to work from a position of record that is not the agency worksite. See “Agency Worksite” and “Position of Record.”
  23. Routine Telework.  Workplace flexibility allows an employee with an approved WFA schedule to telework on a regular and recurring basis for at least two workdays or as designated by the employing OpDiv/StaffDiv per bi-weekly pay period. Routine telework does not change the position of record.
  24. Telework.  A workplace flexibility arrangement under which an employee performs the duties and responsibilities of their position and other authorized activities from an approved alternative worksite other than the location from which the employee would otherwise work.
  25. Telework Limitations.  Limits imposed on telework by law, regulations, policy, collective bargaining agreements, and workplace flexibility agreements. Under HHS policy, WFAs must be reviewed annually. WFAs must include specific work arrangements for participation. Supervisors are responsible for determining continued eligibility after the one-year annual review and for approving, disapproving, or modifying telework agreements in accordance with agency guidance and CBA requirements, where applicable.
  26. Telework Ready.  The capability for an employee to work from an alternative worksite may be required to continue operations through the efficient and effective use of information technology and telecommunication.
  27. Workplace Flexibilities Agreement (WFA).  A written agreement between the employee and the Agency that allows employees and supervisors to establish telework or remote work agreements in accordance with this Instruction unless the employee is covered under a CBA with a different requirement, in which case the CBA shall govern. OpDivs/StaffDivs must use Workplace Flexibilities Agreement, HHS Form 990-1.
  28. Workplace Flexibilities Officer (WFO).  The HHS-level official charged with overseeing the Workplace Flexibilities Program across the Department.
  29. Workplace Flexibilities Program Manager (WFPM).  OpDiv/StaffDiv program manager is responsible for the oversight of the Workplace Flexibilities Program within their OpDiv/StaffDiv.
  30. Workplace Flexibilities Program (WFP).  A program that promotes telework and remote work to ensure employees' work/life balance.

990-1-60 Responsibilities

  1. HHS Deputy Secretary:
    1. Ensures HHS Operating and Staff Division (OpDiv/StaffDiv) Heads monitor and assess the organizational health and performance of the individual major operating units within the Department to strengthen mission delivery.
    2. Ensures flexible operational workforce policies are an important tool for talent recruitment and retention, which promotes meaningful in-person work at Federal offices.
    3. Determines HHS positions required for onsite presence based on the Department’s environment plans, OMB, and OPM reporting requirements.
  2. HHS Assistant Secretary for Administration, Office for Human Resources (ASA/OHR):
    1. Establishes Department-wide human resources policy and guidance consistent with HHS and OPM policy and guidance, and all applicable Federal laws and regulations.
    2. Designates a Workplace Flexibilities Officer (WFO) to implement and oversee the Department's WFP; manage compliance and accountability including the Department’s reporting requirements; provide technical guidance to OpDiv/StaffDiv HR Centers; and incorporate workplace flexibilities into everyday business operations where mission appropriate.
    3. Approves the addition of mission critical occupations (MCOs) not listed in Appendix 1 eligible for remote work in the Department.
    4. Periodically reviews OpDiv/StaffDiv workplace flexibility procedures and data to ensure compliance with HHS and OPM policies, guidance, and all applicable Federal laws and regulations.
  3. HHS ASA/Program Support Center establishes Department-wide travel and transportation policy consistent with the Federal Travel Regulation and Joint Travel Regulations
  4. OpDiv and StaffDiv Heads:
    1. Ensures organization 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 their organization.
    3. Establishes a WFP executive board to monitor or designated Senior Official and assess the organizational health and performance of their Division’s WFP and make determinations on their workplace flexibility posture in order to strengthen mission delivery.
    4. Ensures their Division’s participation in organizational health and performance reviews on the WFP program including submission of quarterly reports to the HHS ASA/OHR on usage, the impact on mission, and any anticipated changes in the organizational posture as it relates to their Division’s WFP program.
  5. Human Resource Centers (HR Centers) Director:
    1. Complies with this Instruction and applicable Federal laws and regulations related to workplace flexibilities.
    2. Administers serviced OpDiv/StaffDiv workplace flexibility program in accordance with this Instruction and HHS DASHR delegated authority.
    3. Designates a Workplace Flexibilities Program Manager (WFPM) for the oversight of the WFP within their OpDiv/StaffDiv.
    4. Ensures the employee's locality pay aligns with the employee's official worksite in accordance with 5 C.F.R. § 531, Subpart F.
    5. 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, consistent with the applicable restrictions in 5 C.F.R. § 330.502.
  6. OpDiv/StaffDiv Workplace Flexibilities Program Manager WFPM):
    1. Complies with this Instruction and applicable CBAs, Federal laws, and regulations related to workplace flexibilities.
    2. Implements the workplace flexibilities program in accordance with this Instruction and ensures proper implementation at the OpDiv/StaffDiv level.
    3. Manages compliance and accountability for WFP training requirements for OpDiv/StaffDiv employees.
    4. Establishes procedures, in coordination with the HR Center, to ensure each employee’s locality pay and benefits align with the employee's official worksite and are appropriately represented on their WFA, in accordance with C.F.R. § 531, Subpart F.
    5. Coordinates with the serviced HR Center, hiring manager, and the WFO to ensure proper implementation and oversight of the OpDiv/StaffDivs WFP.
    6. Provides information and data to the WFO upon request.
    7. Serves as the OpDiv/StaffDiv subject matter expert and point of contact for addressing employee and supervisor inquiries.
    8. Ensures all employee WFAs remain current and accurate.
  7. Supervisor:
    1. Adheres to this Instruction consistent with Federal laws and regulations related to workplace flexibilities and CBA as applicable.
    2. Approves WFAs for regular, situational and ad hoc telework as appropriate based on the position and organizational needs when delegated in writing by the OpDiv/StaffDiv HRD. May also approve remote work for the positions covered in Appendix 1 of this Instruction.
    3. Ensures employee position descriptions accurately reflect the employee's duties and responsibilities. Position eligibility is based on the official position description and the eligibility requirements described in this Instruction, Section 990-1-80.
    4. Ensures telework participation is documented on the WFA and consistent with the time and attendance system for recordkeeping purposes before verifying the timecard. Reviews, discusses, and updates WFA annually unless the employee is covered under a CBA with a different requirement, in which case the CBA shall govern.
    5. Notifies their servicing HR Center of any change to an employee's official worksite that may change the employee’s locality pay, at least one full pay period, prior to the change becoming effective. The geographical area of employees appointed via the competitive service cannot be changed within 90 days of appointment consistent with 5 C.F.R. § 330.502.
    6. Ensures compliance with this Instruction and the Department’s travel policy in managing official travel, local area travel and relocation expenses.
    7. Treats all employees equitably regardless of whether they participate in the WFP and ensures they receive the same benefits and opportunities (e.g., work assignments, awards and recognition, development opportunities).
  8. Employee:
    1. Complies with this Instruction, OpDiv/StaffDiv guidance, procedures, the approved WFA agreement, and any Federal laws, regulations, policies, and, if applicable, CBAs related to workplace flexibilities.
    2. Ensures WFA accurately reflects alternative worksite information. Submits timely requests to update a WFA if circumstances change (e.g., supervisor, position, or duty location) and renews the WFA annually, unless the employee is covered under a CBA with a different requirement, in which case the CBA shall govern.
    3. Obtains supervisor approval for any change request to the employee’s current WFA.
    4. Completes mandatory workplace flexibility training in the Learning Management System (LMS) prior to starting a WFA.
    5. Maintains a current WFA detailing any emergency responsibilities specified for continuity of operations or another emergency event, as appropriate for the approved flexibilities.
    6. Notifies the supervisor in writing of a decision to end participation in the WFP.
    7. Notifies supervisor within one (1) hour whenever problems arise that may adversely affect their 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) unless the employee is covered under a CBA with a different requirement, in which case the CBA shall govern. Leave should be requested when applicable.
    8. Complies with the established security protocols for reporting computer security-related incidents.
    9. Adheres to the Standards of Ethical Conduct for Employees of the Executive Branch (5 C.F.R. § Part 2635) and the supplemental standards.
    10. Ensures that during the hours they are on duty, regardless of worksite, they are accessible by telephone, email, instant messaging system, or other appropriate communication technology or software, as determined by Department and OpDiv/StaffDiv policy or CBA.
    11. Ensures all Government-furnished equipment is used in compliance with Departmental and OpDiv/StaffDiv IT policy. Employees are required to maintain their VPN account by logging on at least once a month to allow access to all Government systems while working at a site other than the agency worksite.
    12. It is recommended that employees on situational/ad-hoc telework agreements telework at least once every three months to ensure readiness and to maintain the necessary discipline, approach, and skills.
    13. Be familiar with the agency's emergency plans (e.g., Continuity of Operations Plan) and the supervisors’ expectations of how work will be performed during emergency events, including timeliness and deadlines for reporting availability status, check-in-schedules, work assignments, or other activities determined continuity of operations.
    14. Follows Department Travel Policy regarding official travel, local area travel and applicable relocation expenses.

990-1-70 Workplace Flexibilities

Workplace Flexibilities offered by the Department allow for accomplishing an employee’s duties at an alternative worksite. Flexibilities offered for each position depend upon limits imposed by law or regulations, the nature of work, and the ability to complete the activity at an alternative worksite. Participation in the WFP is voluntary. An approved WFA is required for participation in the WFP.

  1. 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 and portability of the employee’s work.
    1. The agency worksite is the official worksite for an employee with a WFA authorizing telework.
    2. Options for telework flexibilities include:
      1. Routine telework:
        1. Routine telework allows an employee to work from an approved alternative worksite following a regular and recurring schedule each pay period in accordance with an approved WFA.
        2. Employees with an approved WFA for routine telework must be scheduled and physically report to the agency worksite at least two (2) days each bi-weekly pay period.
        3. Employees with an approved WFA for routine telework may telework on a situational/ad-hoc basis in addition to their scheduled telework day(s) as needed with advance supervisory approval.
      2. Situational/Ad-hoc/Unscheduled telework:
        1. The terms situational, unscheduled, and ad-hoc telework all refer to the same type of workplace flexibility.
        2. Situational telework allows an employee with an approved WFA to request telework as needed.
        3. Telework-eligible employees who do not want a routine telework WFA may need to telework irregularly either for mission needs (e.g., inclement weather) or personal convenience. These employees should request a situational/ad-hoc telework WFA. Supervisors are encouraged to approve situational/ad-hoc telework WFAs and to make reasonable adjustments to allow for situational/ad-hoc telework for eligible employees.
        4. Employees with situational/ad-hoc telework WFA must receive advance approval before using situational/ad-hoc telework. An employee who fails to obtain advance approval may be disciplined, up to and including removal. Advance approval is not required for unscheduled telework during inclement weather or other similar situation.
        5. Employees with an approved WFA for situational/ad-hoc telework are recommended to telework at least once every three months to maintain telework readiness.
        6. An employee with an approved WFA for routine or situational/ad-hoc telework is required to work during inclement weather days or emergency events, regardless of whether the employee is scheduled to telework that day, unless the employee is on approved leave or is prevented from working due to conditions outside of their control (e.g., loss of electricity).
        7. A medical telework option allows three (3) days of telework per week, for up to 2 weeks as the need arises for individuals with a temporary medical condition or recovering from a medical procedure. The agency is committed and dedicated to providing supportive and respectful workplace flexibilities for all individuals. Medical telework is intended to provide short-term telework while the employee recovers and is able to perform their duties. This usage will require a note from the caring physician or other appropriate health practitioner. For a medical condition or recovery period with an anticipated duration exceeding this option, and alternative work arrangements (e.g., reasonable accommodations, use of Family Medical Leave Act, etc.) should be discussed with the supervisor, as needed. If the employee believes they have a qualifying disability, which creates functional limitations, they may request reasonable accommodation.
  2. Remote work allows an employee the flexibility to work from an approved alternative worksite, which becomes the employee’s official worksite, with no expectation to report to the agency worksite on a regular and recurring basis during the bi-weekly pay period.
    1. A position may be eligible for remote work, either within or outside of the local commuting area of the agency worksite, if the nature of work requires the employee’s onsite presence fewer than two days during a typical bi-weekly pay period.
      1. For the purposes of this policy, the local commuting area includes any population center (or two or more neighboring ones) and surrounding localities in which people live and can reasonably be expected to travel back and forth to their approved worksite unless the employee is covered under a CBA with a different requirement, in which case the CBA shall govern.
      2. An employee’s locality area and pay is determined based on the employee’s official worksite, in accordance with 5 C.F.R. § 531.604.
    2. The official worksite for an employee with an approved WFA for remote work is the approved alternative worksite (e.g., the employee’s home) documented in the employee’s WFA.
      1. Changes to the Official Worksite or Alternative Worksite and Locality Pay.
        1. Employees must request to change the location of their approved alternative worksite in advance. Supervisors are encouraged to be flexible with an employee’s alternative worksite, provided it continues to meet the agency’s needs and it does not negatively impact the mission or increase expenses for the agency. Hiring officials are advised that the geographical area of employees appointed via competitive service cannot be changed within 90 days of appointment, consistent with the applicable restrictions in 5 C.F.R. § 330.502. Employees may not begin working at a new alternative worksite until the change has been approved.
        2. Any changes to the WFA that impact time and attendance information must be documented in the time and attendance system for recordkeeping and reporting purposes.
        3. Employees who request a modification to their WFA are responsible for all incurred expenses associated with the modification (e.g., relocation costs, transport fares, highway tolls).
        4. Servicing HR Centers are responsible for determining the appropriate locality pay area and locality pay for employees approved as remote workers, in accordance with 5 C.F.R. § 531, Subpart F. Once the locality area is determined, a Change in Duty Station personnel action must be initiated in accordance with OPM’s Guide to Processing Personnel Actions. The new locality pay will only take effect once the Change in Duty Station personnel action (SF-50) is effective. Changes to the official worksite will be processed in a timely manner, generally within one pay period of receipt of the personnel action request, consistent with the applicable restrictions in 5 C.F.R. § 330.502.
        5. A remote employee’s failure to timely report and obtain approval for a change to the employee’s alternative worksite may result in the suspension or termination of the employee’s WFA, recoupment for overpayment of locality pay, and/or disciplinary or adverse action.
      2. Remote employees may be required to report to the agency worksite as directed by the supervisor or if stated in the WFA.
      3. Travel to the Agency Worksite.
        1. A remote worker may be directed to travel to the agency worksite.
        2. Official travel must be approved in advance by the employee’s supervisor. Refer to the HHS Travel Policy for specific guidance.
      4. Compensatory Time Off for Travel. Employees should generally be directed to travel within their assigned duty hours. Remote employees required to perform official travel may be eligible to receive compensatory time off for travel if the approved itinerary requires the employee to be in a travel status when such time is not otherwise compensable. Refer to HHS Instruction 550-3, Compensatory Time Off for Travel, for specific guidance.
  3. Mobile Work allows employees (e.g., healthcare worker, food inspector.) to perform their job duties from a location other than their official work site. This may include working from home, a co-working space, or any other location where the employee can access the necessary technology and resources to complete their work task.

990-1-80 Determining Workplace Flexibilities Eligibility

The HHS WFP defines options for when and where employees may perform work. The Department’s recruitment and retention 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 by enhancing work/life balance, fostering employee satisfaction and well-being. The ability to participate in the WFP is intended to facilitate, not impede, the successful accomplishment of work.

In alignment with OMB M-23-15, WFP participation must support and improve organizational health and organizational performance in support of the delivery of the agency’s mission. Consistent with OMB M-23-15, the agency must ensure that all public-facing services meet and exceed customer expectations and needs. Not all positions are eligible for telework or remote work. Participation in the WFP is determined by the OpDiv/StaffDiv Head or designee based on organizational, business, or operational needs.

  1. Position eligibility is based on:
    1. The nature of work can be performed by allowing some or all duties to be completed without reporting to the agency worksite. This may include work assignments that involve the physical presence in another location (e.g., court, other federal work site) different from the agency worksite.
    2. Each HR Center must assess position eligibility against their business needs, ensuring that the level of participation does not diminish organizational or operational performance, including, but not limited to, the impact on whether telework or remote status would negatively impact the effective accomplishment of agency operations and the work of others.
    3. The resources required for the employee to complete the work are available and accessible virtually, including a computer to connect to the virtual private network (VPN) and internet service with sufficient bandwidth.
    4. The ability to evaluate the quantity, quality, manner of performance, and timeliness, as appropriate, for the work.
    5. Eligibility for remote work within or outside the local commuting area worksite depends on the WFA, position, and organizational needs. As determined by the OpDiv/StaffDiv, a periodic onsite presence may be required.
  2. The Employee:
    1. Employee eligibility is based on:
      1. Employee is not on a Performance Improvement Plan.
      2. Performance is at a fully successful level.
      3. No official conduct or disciplinary action has been taken against the employee in the last 6 months.
      4. Employee must maintain ongoing meaningful engagement related to their duties and established work goals.
    2. An employee is considered ineligible if they have ever been officially disciplined, (i.e., for the purposes of this Instruction, the term ‘official discipline’ refers to a disciplinary action that results in the placement of a document in an employee’s official personnel file (eOPF)) for the following reasons, in accordance with the Telework Enhancement Act of 2010:
      1. Being absent without leave for more than five (5) days in any calendar year; or
      2. Violating the Standards of Ethical Conduct for Employees of the Executive Branch (5 C.F.R. § 2635, Subpart G) for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing Federal Government duties.
    3. Individual eligibility may be revoked if:
      1. The employee’s performance falls below the fully successful level.
      2. The employee’s behavior warrants official disciplinary action.
      3. The employee fails to adhere to the requirements of their WFA or the CBA, where applicable.
      4. It is deemed to be in the best interest of the agency.
      5. It is deemed necessary following organizational exigencies and other telework provisions as identified in the Telework Enhancement Act of 2010.
      6. The telework provisions identified in the Telework Enhancement Act 2010.
      7. Changes in organizational business need to change the portability of work assignments.
  3. Requests for Remote Work for Recruitment and Retention.

    The Human Resources Director or designee, as delegated in writing, is authorized to:

    Review an employee request for the use of remote work to ensure consistency and equity. Routes remote requests for positions not covered in Appendix 1 to ASA/OHR at telework@hhs.gov for approval. Requests must be sent by the servicing HR Center and contain a justification, including position information, and concurrence by the OpDiv/StaffDiv WFP executive board, the employee’s supervisor, or the HRD.

990-1-90 Determining the Official Worksite

For employees covered by a WFA, the HR Center must determine the employee’s official worksite pursuant to the criteria outlined in 5 C.F.R. § 531.605(d). The official worksite must be documented on the employee’s Notification of Personnel Action (Standard Form 50 or equivalent).

  1. Telework Employees (Regular, Situational and Ad-hoc).
    1. The official worksite is the location of the agency worksite (the place where the employee normally reports for work on non-telework days), provided that the employee is scheduled to report physically to the agency worksite at least twice each bi-weekly pay period on a regular and recurring basis.
    2. For an employee whose work location varies, the employee is not required to work at least twice each bi-weekly pay period at the agency worksite (where the employee’s work activities are based) if the employee is regularly performing work within the OPM locality pay area for that worksite.
  2. For remote employees, the official worksite is the approved alternative worksite, typically the employee’s home address, provided the employee is not required to report to the agency worksite at least twice each pay period on a regular and reoccurring basis.
  3. Both telework and remote employees may only have one designated alternative worksite of record. Temporary use of another alternative worksite or permanent change to an employee’s approved alternative worksite requires prior approval by their supervisor. A request for a permanent change to an alternative worksite must be submitted through a revised WFA.

990-1-100 Work-related Injuries at the Alternative Worksite

  1. All HHS employees are covered under the Federal Employees’ Compensation Act (FECA) for work-related injuries or occupational illnesses sustained while performing official duties.  Questions should be directed to the HHS ASA/Program Support Center/Federal Occupational Health, Workers’ Compensation Management | HHS.gov.
  2. Employees must immediately report any accident or injury at the alternative worksite to their supervisor.
  3. The supervisor must immediately report all reported injuries as claimed by the employee to their servicing Human Resources Center’s workers’ compensation POC.

990-1-110 Dependent Care

While telework and remote work are not substitutes for dependent care or elder care, they can be a valuable flexibility to employees with caregiving responsibilities by eliminating the time required to commute and expanding employees’ WFP options.

  1. 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 engage in dependent care activities when performing official duties.
  2. Employees must request leave or other paid time off to engage in dependent care duties during their workday.

990-1-120 Leave, Early Dismissals and Closure

Employees with an approved WFA are required to telework on days 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.

  1. Employees with an approved 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.
  2. Employees approved to telework or work remotely are not eligible and do not receive weather and safety leave when a closure is announced. Instead, they must work from their alternative worksite for the entire workday, take leave (paid or unpaid) or other paid time off, or use a combination of work hours and leave or other paid time off unless one of the exceptions discussed further in this section applies.
  3. Weather and Safety Leave:
    1. Employees with an approved WFA scheduled to report to the agency worksite will be required to work from their alternative worksite in the event of a weather and safety emergency.  If the employee cannot safely perform work (e.g., power outage due to a storm, flooding, local security concerns, or other related emergencies), they must request weather and safety leave.
    2. Employees with an approved WFA who may be onsite at the agency worksite during a weather and safety emergency may be required to resume working upon arrival at their alternative worksite and complete their tour of duty.
  4. Work Schedule Changes:
    1. When an employee is scheduled to telework at the alternative worksite and, either by their own choice or at the direction of a supervisor, they travel to a different location to work, such as to a meeting, to training, etc., they are not in a telework status.  Such situations constitute an extemporaneous work schedule change.  They are commuting to the Government’s place of business.  The rules regarding commuting expenses apply.

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

An OpDiv/StaffDiv Continuity of Operations Plan (COOP) must cover telework and remote work consistent with the HHS COOP administered by the Administration for Strategic Preparedness and Response (ASPR).

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 and Termination

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

  1. An employee must request approval from their supervisor, consistent with Section 990-1-60, to participate in the WFP.
  2. An employee’s request for workplace flexibilities may be approved consistent with the requirements in Section 990-1-60.
  3. 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 work days of the disapproval or modification.
  4. 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) days in any calendar year. For purposes of this Instruction, the term “official discipline” refers to a disciplinary action that results in the placement of a document in an employee’s official personnel file (eOPF).
    2. If the employee has been officially disciplined for violations of the Standards of Ethical Conduct for Employees of the Executive Branch (5 C.F.R. § Part 2635) for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
    3. If telework or remote work continues to diminish employee or agency performance, even after attempts to mitigate such diminishment have been attempted.
    4. Where applicable, the employee does not comply with the terms of their WFA or the CBA.
    5. If the business needs of the employee’s job change and/or the work or some portion is no longer portable or requires in-office presence.
  5. If a WFA is being terminated, the employee will receive a reasonable amount of time to make arrangements to report to the agency worksite daily. At a minimum, this should be a full bi-weekly pay period for telework employees and for remote employees whose alternative worksite is located within the local commuting area of the agency worksite, and two (2) full bi-weekly pay periods for remote employees whose alternative worksite is located outside the local commuting area of the agency worksite.
  6. Suspension of Telework or Remote Work. The agency mission may require a suspension of telework or remote work due to an emergency. Examples may include but are not limited to, a national emergency, a mission-critical-related emergency, a new mission, or program establishment, etc. In these unusual situations, the agency will provide written notice and endeavor to provide the impacted employee(s) with as much advance notice as possible.
  7. Remote Worker WFA Termination
    1. If the WFA of a remote worker is terminated because the arrangement no longer meets the agency’s business needs, and the remote worker's official station is not within the local commuting area of the agency worksite to which the employee is reassigned, then the employee is entitled to mandatory relocation expenses as might be prescribed by the Federal Travel Regulation and Department Travel Policy.
    2. When a remote worker’s official station is within the local commuting area of the agency worksite, relocation is not authorized or allowable, including upon termination of a WFA.
    3. If a WFA for remote work is terminated for cause such as poor performance or conduct violations, and the supervisor elects to reassign the employee to the agency worksite, the employee is not entitled to relocation reimbursement, regardless of whether the remote worker’s official station was within the local commuting area of the agency worksite.

990-1-150 Training Requirement

All HHS employees are required to complete annual workplace flexibilities training (available in the HHS Learning Management System) to participate in the WFP and to ensure the readiness of the HHS workforce to telework in the event of an emergency or continuing operations environment.

990-1-160 Documentation, Reporting, and Accountability

  1. Documentation.  Records associated with personnel actions, including WFA’s and documentation sufficient for third-party reconstruction purposes, must be retained according to the National Archives and Records Administration (NARA), General Records Schedule (GRS) 2.3, Item 040, Employee Relations Programs’ Administrative Records. Generally, all records created each year must be retained until replaced or cancelled, or one (1) year after the end of the employee’s participation in the program, whichever is sooner. Records involved in litigation and grievance processes may be destroyed only after official notification from OPM, the Department of Justice, the courts, the Office of the General Counsel, etc., that the matter has been fully litigated or resolved and closed.

    Designation of workplace flexibility status must be documented within the HHS time and attendance system as OPM reporting requirements require, in accordance with HHS Timekeeping Guide.
  2. Accountability.
    1. Each OpDiv/StaffDiv shall identify a Workplace Flexibilities Program Manager (WFPM) whose responsibilities shall include, but are not limited to:
      1. Ensuring their servicing OpDiv/StaffDiv is adhering to the requirements in this Instruction.
      2. Establishing annual goals in coordination with the Department's WFPO for participation in each program area (e.g., remote work, routine telework, situational telework, and flexible work schedules) and outcomes in productivity, employee engagement, and recruitment and retention.
      3. WFP agency data is required for agency reporting via the time and attendance system to HHS leadership, Congress, OMB, OPM, etc. Reporting data includes the number of employees approved as designated for participation in positions eligible for remote work, hours worked at the agency worksite, etc.
      4. Conducting an annual evaluation of the WFP to determine the impact on organizational performance, employee engagement, and recruitment and retention.
      5. Ensuring all training requirement for the program are met and have successfully been completed.
    2. ASA/OHR will conduct periodic accountability reviews to analyze compliance with this Instruction, OPM policy guidance, and applicable Federal laws and regulations.
  3. Reporting.

    HHS is required to report agency WFP participation data annually to OPM. ASA/OHR collects relevant data quarterly from OpDiv/StaffDivs to meet OPM’s annual reporting requirements. WFPMs are required to submit a WFP report at Telework@hhs.gov upon request of ASA/OHR.  Reporting elements 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

Contact telework@hhs.gov for additional questions.

Appendix – Mission Critical Occupations (MCO) Eligible for Remote Work Without Board Approval*

Government-wide MCOHHS-specific MCO
Economists – 0110
Human Resources – 0201
Telecommunications (Cyber) – 0391
Computer Engineer (Cyber) – 0854
Electronic Engineer (Cyber) – 0855
Contracting Officer – 1102
Computer Science – 1550
Information Technology - 2210		Social Scientist -0101
Grants Management – 1109
Mathematical Statistics – 1529
Statistics – 1530
Attorney – 0905
Auditing – 0511
Data Science – 1560
Criminal Investigator – 1811

*OpDiv/StaffDiv

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