Instruction 990-2, HHS Telework

Effective Date: 3/13/2025

Material Transmitted:

Department of Health and Human Services (HHS) Instruction 990-2, Telework, dated March 13, 2025.

Material Superseded:

HHS Instruction 990-1, Workplace Flexibility, dated April 24, 2024.

Background:

This Instruction establishes the Department of Health and Human Service (HHS) Telework Program and supersedes all previously issued Telework/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, and Departmental policy.

Jeffery Anoka
(Acting) Deputy Assistance Secretary for Human Resources Chief Human Capital Officer

990-2-00 Sections

990-2-10   Purpose
990-2-20   Coverage and Exclusions
990-2-30   Delegation of Authority
990-2-40   References
990-2-50   Definitions
990-2-60   Responsibilities
990-2-70   Telework
990-2-80   Determining Telework Eligibility
990-2-90   Determining the Official Worksite
990-2-100  Work-related Injuries at the Alternative Worksite
990-2-110  Dependent Care
990-2-120  Work Schedules, Leave, Early Dismissals and Closure
990-2-130  Continuity of Operations Plan (COOP)
990-2-140  Telework Approval, Denial, Suspension and Termination
990-2-150  Training Requirement
990-2-160  Documentation, Reporting, and Accountability

990-2-10 Purpose

This policy brings HHS into compliance with the January 20, 2025, Presidential Memorandum Return to In- Person Work and subsequent, related Office of Personnel Management (OPM) guidance. Participation in telework programs is not an entitlement but should be based upon sound business and performance management principles. Per OPM’s February 3, 2025, guidance, HHS has the ability to set overall telework levels and exclude specific positions from telework eligibility under the Telework Enhancement Act as exercises of management rights to determine the agency’s mission and organization, direct employees, and assign work per 5 U.S.C. § 7106(a).

This Instruction establishes standard agency guidelines for participation in the Telework Program. These flexibilities include Situational/Ad Hoc, Long-term Telework, and mobile work.

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

990-2-20 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 eligible employees are encouraged to enter into an ad hoc or situational Telework Agreement (TA) for telework readiness; 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; nor does it apply to employees assigned outside of the agency under an IPA agreement.

990-2-30 Delegation of Authority

The Deputy Assistant Secretary for Human Resources (DAS-HR) has the delegated authority to establish and administer Department-wide human resource policies, procedures, and programs and manage benefits programs and work-life balance initiatives. See HHS ASA Memorandum, Delegation of Human Resources Authorities, dated January 16, 2025. Human Resources Directors (HRD) have been delegated the authority to administer a work life program for their serviced Division, including telework in accordance with this Instruction.

990-2-40 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 (administered by the ASA/Program Support Center)
  8. HHS ASA Memorandum, Delegation of Human Resources Authorities, dated January 16, 2025
  9. HHS DASHR Memorandum, Delegation of Human Resources Authorities, dated May 9, 2022
  10. OPM Memorandum, CPM 2023-16, Guidance on Hours of Work for Telework and Remote Work Employees, August 21, 2023
  11. OPM Guidance on Presidential Memorandum Return to In-Person Work, dated January 20, 2025
  12. OMB and OPM Agency Return to Office Implementation Plans, memorandum dated, January 27, 2025
  13. OPM Guidance on Collective Bargaining Obligations in Connection with Return to In-Person Work, dated February 3, 2025
  14. HHS – Return to In-Person Work, HHS Employees, memorandum dated February 7, 2025
  15. OPM Guidance on Exempting Military Spouses and Foreign Service Spouses from Agency Return to Office Plans, dated February 12, 2025

990-2-50 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 ad hoc/situational, or long-term worksite (e.g., an employee's residence or other approved work location). 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. Domestic Employees Teleworking Overseas Agreement (DETO). An approved long-term 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 arrangement, not an employee entitlement. HHS only supports Sponsored DETO agreements; Independent DETO’s are prohibited. A Sponsored DETO is defined as an employee on official travel orders as a spouse or partner of another USG employee on an official overseas assignment to a U.S. mission overseas. An Independent DETO is defined as an employee not included on orders of a U.S. Government sponsoring employee. These Sponsored 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. HHS will ensure that the DETO staff are categorized as spouses of HHS overseas personnel members on overseas assignments and are exempted from any return-to-office requirements. In addition, spouses of overseas personnel members on overseas assignments may continue to be hired to remote-work positions consistent with 22 U.S.C. § 4026(b). All DETO requests should be routed to the applicable DETO Program POCs at CDC, FDA, NIH, OS or by emailing HHS-DETO@hhs.gov.
  6. Directed/Emergency Telework. Scenarios where eligible 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.
  7. 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).
  8. 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 | HHS Intranet and Technology Equipment Checklist.
  9. 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 (see 5 C.F.R. §351.203). For purposes of this Instruction, the local commuting area for an agency worksite is a radius of 50 miles from the agency worksite.
  10. Long-term Telework. An arrangement that allows an employee under an approved Telework Agreement (TA) to work at an approved alternative worksite, with no expectation to report to the agency worksite on a regular or recurring basis, such as a military spouse accompanying the active-duty service member with a permanent change station order to an overseas assignment, reasonable accommodation, or DETOs. 5 C.F.R. § 531.605.
  11. 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: delivery of healthcare or public health services, to align with 990-2-70, item C, site audits, site inspections, investigations, and property management while commuting, and travelling between worksites, or while on Temporary Duty (TDY).
  12. 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.
  13. Official Worksite/Position of Record. 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 TA, 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.” This may be further delineated as an address in Block 45 “Remarks.” For a long-term telework agreement, the official worksite is generally the alternative worksite to which the employee is assigned or approved to work.
  14. Situational/Ad Hoc Telework. Telework arrangement that is situational or ad hoc in nature that allows an employee with an approved arrangement to request telework as needed. Situational/ad hoc telework occurs sporadically without a regular telework schedule.
  15. 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.
  16. Telework Agreement (TA).. A written agreement between the employee and the Agency that allows employees and supervisors to establish situational/ad hoc or long-term telework agreements in accordance with this Instruction. OpDivs/StaffDivs must use Telework Agreement, HHS Form 990-2.
  17. Telework Limitations. Limits imposed on telework by law, regulations, policy, and telework agreements. Under HHS policy, TAs must be reviewed annually. TAs 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. The ASA to approve long-term, military spouses or special circumstance.1
  18. Telework Ready. Eligible employee who has the training and equipment to work from an alternative worksite.
  19. Telework Managing Officer (TMO). Serves as the primary point of contact with OPM on telework matters on behalf of the Department (5 U.S.C. 6505).
  20. Telework Program Manager (TWPM). OpDiv/StaffDiv program manager is responsible for the oversight of the Telework Program within their OpDiv/StaffDiv.

990-2-60 Responsibilities

  1. HHS Secretary (or Designee):
    1. Will approve special circumstance requests.
  2. HHS Assistant Secretary (or Designee):
    1. Will approve request for long-term and military spouse applications.
    2. The request will come from (OpDiv/Staff Div) Heads to the exception mailbox for review and sent to ASA for final approval.
  3. 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 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, Presidential Mandates, and OPM reporting requirements.
  4. 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 Telework Managing Officer (TMO) to implement and oversee the Department's Telework Program; manage compliance and accountability including the Department’s reporting requirements; provide technical guidance to OpDiv/StaffDiv HR Centers; and incorporate telework activities into everyday business operations where mission appropriate.
    3. Periodically reviews OpDiv/StaffDiv telework program procedures and data to ensure compliance with HHS and OPM policies, guidance, and all applicable Federal laws and regulations.
    4. Will approve all long-term telework agreements for military spouses, and special circumstances.
  5. HHS ASA/Program Support Center:
    1. Establishes Department-wide travel and transportation policy consistent with the Federal Travel Regulations.
  6. OpDiv and StaffDiv Head:
    1. Ensures organization compliance with this Instruction and applicable Federal laws and regulations related to telework arrangements.
    2. Ensures the fair and equitable implementation and use of telework activities across their organization.
    3. Ensures collaboration with the HHS TMO to address specific organizational needs.
    4. Ensures their Division’s participation in the Telework Program to included 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 the Division’s Telework program.
  7. Human Resource Centers (HR Centers) Director:
    1. Complies with this Instruction and applicable Federal laws and regulations related to telework activities.
    2. Administers serviced OpDiv/StaffDiv telework program in accordance with this Instruction and HHS ASA Memorandum, Delegation of Human Resources Authorities, dated January 16, 2025.
    3. Designates a Telework Program Manager (TWPM) responsible for the oversight of the Telework Program 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.
  8. OpDiv/StaffDiv Telework Program Manager (TWPM):
    1. Complies with this Instruction and applicable Federal laws, and regulations related to telework activities.
    2. Develops OpDiv/StaffDiv internal guidance that follows this Instruction and ensures proper implementation at the OpDiv/StaffDiv level.
    3. Manages compliance and accountability for Telework 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 TA, in accordance with C.F.R. § 531, Subpart F.
    5. 5. Coordinates with the serviced HR Center, hiring manager, and the HHS TWO to ensure proper implementation and oversight of the OpDiv/StaffDivs Telework Program.
    6. Provides information and data to the TMO 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 TAs remain current and accurate.
  9. Supervisor:
    1. Adheres to this Instruction consistent with Federal laws and regulations related to telework activities as applicable.
    2. Approves TAs for situational/ad hoc telework as appropriate based on the position and organizational needs.
    3. Ensures employee position descriptions accurately reflect the employee's duties and responsibilities.
    4. Ensures telework participation is documented on the TA and consistent with the time and attendance system for recordkeeping purposes before verifying the timecard. Reviews, discusses, and updates TA annually.
    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 Telework Program and ensures they receive the same benefits and opportunities (e.g., work assignments, awards and recognition, development opportunities, etc.).
  10. Employee:
    1. Complies with this Instruction, OpDiv/StaffDiv guidance, procedures, the approved TA, and any Federal laws, regulations, policies related to telework activities.
    2. Ensures TA accurately reflects alternative worksite information. Timely requests an update to the TA if circumstances change (e.g., supervisor, position, or duty location).
    3. Obtains supervisor approval for any change request to the employee’s current TA.
    4. Completes mandatory telework training prior to starting a TA.
    5. Maintains a current TA 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 Telework Program.
    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).
    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.
    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. Be familiar with the agency's emergency plans (continuity plan, pandemic plan, etc.) 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.
    13. Follows Department Travel Policy regarding official travel, local area travel and applicable relocation expenses.

990-2-70 Telework

Telework offered by the Department allows for accomplishing an employee’s duties at an alternative worksite. The 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 Telework Program is voluntary. An approved TA is required for participation in the Telework Program. OpDiv/StaffDiv are required to use Telework Agreement form HHS 990-2.

  1. Telework allows an employee 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 TA authorizing telework, with the exception of long-term telework.
    2. Options for telework include:
      1. Situational/Ad hoc:
        1. The terms situational and ad hoc telework are interchangeable and all refer to the same type of agreement. Situational and ad hoc telework occurs sporadically without a regular telework schedule.
        2. Situational/ad hoc telework allows an employee with an approved TA to request telework as needed.
        3. Telework-eligible employees who may need to telework irregularly either for mission needs (e.g., inclement weather) or personal convenience should request a situational/ad hoc telework TA. First line supervisors are encouraged to approve situational/ad hoc telework TAs and to allow for situational/ad hoc telework for eligible employees.
        4. Telework ready employees with situational/ad hoc telework TA 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 situations.
        5. An employee with an approved TA for situational/ad hoc telework is required to work during inclement weather days or emergency events, unless the employee is on approved leave or is prevented from working due to conditions outside of their control (e.g., loss of electricity).
        6. An approved medical telework option permits individuals recovering from a medical procedure or experiencing a temporary medical condition to work remotely for three to ten days up to a maximum of two weeks as the needed. The agency is committed and dedicated to providing supportive and respectful arrangement for all individuals. Medical telework is intended to provide short-term telework while the employee recovers and can perform their duties. Medical telework 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, an alternative work arrangement (e.g., reasonable accommodations, use of the Family Medical Leave Act, etc.) should be discussed with the supervisor, as needed. If the employee believes they have a qualifying disability or qualifying medical condition, which impacts their ability to work in-person, they may request reasonable accommodation. For agency reporting consistency purposes, situational medical telework should be coded in the time and attendance system as #585 Situational.
      2. Long-term Telework is an arrangement with no expectation to report to the agency worksite on a regular and recurring basis to include: ASA-approved Military Spouse’s outside the 50-mile radius of the agency’s worksite with permanent change station orders; approved DETOs; or an approved reasonable accommodation due to a disability or qualifying medical condition requiring a longer period.2
        1. Long-term telework agreements will be reviewed annually but may be reviewed sooner if circumstances change.
      3. What is considered:
        1. For the purposes of this Instruction, and per OPM memorandum Guidance on Exempting Military Spouses and Foreign Service Spouses from Agency Return to Office Plans, dated February 12, 2025, agencies may also continue to appoint military spouses to 100 percent telework positions pursuant to the Military Spouse Employment Act or other appropriate hiring authorities.
        2. An employee who has been approved for a reasonable accommodation due to a disability or qualifying medical condition. An employee’s locality area and pay are determined based on the employee’s official worksite, in accordance with 5 C.F.R. § 531, Subpart F.
    3. The official worksite for an employee with a long-term telework agreement is approved to work at an alternative worksite (e.g., the employee’s home) and is documented in the employee’s TA.
      1. Changes to the Official Worksite or Alternative Worksite and Locality Pay.
        1. 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 TA 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 TA are responsible for all incurred expenses associated with the modification (e.g., relocation costs, transport fares, highway tolls, etc.).
        4. Servicing HR Centers are responsible for determining the appropriate locality pay area and locality pay for employees approved 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.
      2. The 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 TA, recoupment for overpayment of locality pay, and/or disciplinary or adverse action. The employee will also be required to report to the agency worksite as directed.
      3. Travel to the Agency Worksite.
        1. An employee with an agreement for long-term telework may be directed to travel to the agency worksite unless on an approved agreement of reasonable accommodation due to a disability or qualifying medical condition.
        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. The employee 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.
  2. Mobile Work allows employees (e.g., healthcare worker, food inspector, etc.) to perform their job duties from a location other than their official worksite. 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.

990-2-80 Determining Telework Eligibility

Not all positions are eligible for telework. Participation in the Telework Program 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 would negatively impact the effective accomplishment of agency operations and the work of others. HHS and its Divisions’ management reserve its rights under 5 U.S.C. 7106(a) to determine telework levels.
    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.
  2. The Employee:
    1. Employee eligibility is based on:
      1. Employee is not on a Performance Improvement Plan or Opportunity to Demonstrate Acceptable Performance (ODAP).
      2. Performance is at a fully successful level.
      3. No official misconduct 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 electronic Official Personnel Folder (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. b. 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 TA.
      4. It is deemed to be in the best interest of the agency.
      5. Changes in organizational business need to change the portability of work assignments.

990-2-90 Determining the Official Worksite

For employees covered by a TA, 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 (Situational/Ad hoc, Long-term).
    1. The official worksite is the location of the agency worksite (the place where the employee normally reports for work).
    2. For an employee whose work location varies (e.g., mobile worker), 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.
    3. For long-term telework request and a military spouse who has permanent change orders requiring them to move outside the 50-mile radius of the agency’s worksite, a request must be submitted by their OpDiv/StaffDiv Head to the telework exception mailbox (hhsteleworkexceptions@hhs.gov) and will be routed to the ASA for approval.
    4. For special exception telework a request these must be submitted by the OpDiv/StaffDiv Head to the telework exception mailbox (hhsteleworkexceptions@hhs.gov) and will be routed to the HHS Secretary for approval.
  2. For employees on approved long-term telework agreements, 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 situational/ad hoc and long-term telework 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 and the ASA for military spouse work. A request for a permanent change to an alternative worksite must be submitted through a revised TA.

990-2-100 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.

990-2-110 Dependent Care

Situational/Ad Hoc Telework is not meant to be a substitute for 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. Employees must request leave to engage in dependent care duties during their workday.

990-2-120 Work Schedule Changes, Leave, Early Dismissals And Closure

Employees with an approved TA 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 TA 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 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 TA 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 TA 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: 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. The rules regarding commuting expenses apply. Refer to HHS Travel Policy for specific guidance.

990-2-130 Continuity of Operations Plan (COOP)

An OpDiv/StaffDiv Continuity of Operations Plan (COOP) must cover telework consistent with the HHS COOP administered by 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.

990-2-140 Telework Approval, Denial, Suspension & Termination

Participation in the HHS Telework Program is voluntary. The supervisor or the employee may terminate a TA 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 990-2-60, to participate in the Telework Program.
  2. An employee’s request for a telework arrangement may be approved consistent with the requirements in section 990-2-60.
  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 (5) workdays of the disapproval or modification.
  4. A TA 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 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. § 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 situational/ad hoc or a long-term telework arrangement 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 TA.
    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 TA is being terminated, the employee will be given a reasonable amount of time to arrange for daily reporting to the agency worksite and receive notification at least one full bi-weekly pay period in advance.
  6. Suspension of Situational/Ad hoc Telework or Long-term Telework. The agency mission may require a suspension of telework 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.

990-2-150 Training Requirement

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

990-2-160 Documentation, Reporting, and Accountability

  1. Documentation. Records associated with personnel actions, including TA’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 telework arrangement status must be documented within the HHS time and attendance system as OPM reporting requirements require, in accordance with HHS Timekeeper Guide.
  2. Accountability.
    1. Each OpDiv/StaffDiv shall identify a Telework Program Manager (TWPM) 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 TWPO for participation in each program area (situational/ad hoc, long-term telework), gauging productivity, employee engagement, and recruitment and retention.
      3. TWP 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 telework, hours worked at the agency worksite, etc.
      4. Conducting an annual evaluation of the TWP to determine the impact on organizational performance, employee engagement, recruitment, and retention.
      5. Ensuring all training requirements 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 TWP participation data annually to OPM. ASA/OHR collects relevant data quarterly from OpDiv/StaffDivs to meet OPM’s annual reporting requirements. TWPMs are required to submit a TWP report at Telework@hhs.gov upon request of ASA/OHR. Reporting elements include:
    1. The number of employees participating in the TWP.
    2. An assessment of progress in optimizing the TWP and other goals relating to:
      1. Emergency readiness
      2. Energy use
      3. Recruitment and retention
      4. Performance productivity
      5. Employee attitudes and opinions regarding telework
      6. Best practices in OpDiv/StaffDiv telework work program

Contact telework@hhs.gov for additional questions.

Endnotes

1 HHS is obligated under the Rehabilitation Act/ADAAA to provide reasonable accommodation, which can include telework, to qualified individuals with disabilities. This Instruction does not apply to telework being used as a reasonable accommodation.

2 HHS is obligated under the Rehabilitation Act/ADAAA to provide reasonable accommodation, which can include telework, to qualified individuals with disabilities. This Instruction does not apply to telework being used as a reasonable accommodation.

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