FLEXIPLACE
AND WORK-AT-HOME PROGRAMS
AFGE/EPA
FLEXIPLACE PROGRAM
Table Of Contents
I. Scope
and Terms of Agreement
II. Purpose
III. Definitions
IV. Responsibilities
V. Eligibility
VI. Criteria
VII.
Flexiplace
Guidelines
VIII.
Application Process
and Procedures
IX. Withdrawal
or Removal from the Flexiplace program
X. Changes
XI. Problems
with Potential Affect on Work Performance
XII.
Implementation
Appendices
(1) Application
(2) Safety
Checklist
(3) Work
Agreement
(4) Employee
Certification of Time & Attendance Report
(5) Notice
of Removal from Flexiplace
I.
Scope and Terms of This Agreement
The parties agree that
the implementation and administration of the EPA Flexiplace
Program in the AFGE/EPA bargaining unit will be governed
by application law, government-wide rules and regulations,
and this agreement.
II.
Purpose
The Federal Government
promotes telecommuting programs such as EPA’s
Flexiplace program to address the Government’s
challenge of improving customer service, reducing energy
consumption, safeguarding air quality, reducing traffic
congestion, operating with limited funding, and meeting
employee needs.
III.
Definitions
A.
Flexiplace. Flexiplace is an assignment to work
at an alternate site other than
an employee’s official
work station. Participation is voluntary. Generally,
any occupation/job involving portable work can be considered
for inclusion. Management will approve participation
based on such factors as mission accomplishment, costs,
and benefits to the organization and employees. There
are three forms of Flexiplace covered by this agreement:
1.
Regular.
Under this type of Flexiplace arrangement, employees
may request the performance of duties at an alternate
work location on a regular and recurring basis. Normally,
employees will be scheduled to work no more than two
days per week at the alternate work location (AWL).
Flexiplace day(s) must be the same each week under this
form of Flexiplace.
2.
Episodic.
This form of Flexiplace is appropriate for work
or assignments of specific limited duration that can
be performed at an AWL.
3.
Medical.
This form of Flexiplace is designed for the continued
accomplishment of Agency work for an employee with a
medical condition which does not affect the employee’s
ability to perform his or her regular work assignments
at an AWL. The Agency may request the employee to provide
a physician’s statement of incapacitation or other
acceptable evidence related to the reason for the employee’s
Medical Flexiplace Request.
The
Employer may approve up to 5 days per week at the AWL.
This
type of Flexiplace is not intended to be a permanent
arrangement and will normally not exceed 6 months. This
time period may be extended where the eligibility and
other requirements of the agreement are met and medical
condition continues. Such extensions will not be unreasonably
denied.
B.
Alternate Work Location (AWL). The AWL is an
agreed-upon work location other than the employee’s
official duty station.
C.
Portable Work. Work that is normally performed
at the employee’s official work site but which
can be performed with equal effectiveness at another
location with respect to quality, quantity, timeliness,
customer service and other aspects of mission accomplishment.
It is understood that this work is part of the employee’s
regular assignment and does not involve a change in
duties or the way assignments are performed. In order
to be portable, the work must be clearly defined and
measurable.
IV.
Responsibilities
A.
Management is responsible for approving the use of Flexiplace
in accordance with the terms of this agreement and in
consideration of such factors as mission accomplishment,
service to the public, and costs and benefits to the
Agency and its employees.
B.
Employees are responsible for the following:
1. Completing
required applications/agreements to participate in the
program.
2. Making
timely advance requests for use of Flexiplace in a manner
that allows approving official sufficient time to consider
and plan for the request.
3. Observing
agreed upon hours of work in accordance with established
policies and bargaining agreement(s).
4. Observing
established policies and procedures for requesting and
using leave.
5. Safeguarding
Agency equipment and supplies and using it only for
official purposes.
6. Completing
the Employee Self-Certification of Time and Attendance
Report and returning it to the supervisor on a biweekly
basis.
7. Performing
only official EPA business while on a Flexiplace assignment,
including maintaining an AWL environment that is free
from distractions and interruptions.
8. Maintaining
compliance with appropriate health and safety regulations,
and reporting unsafe working conditions.
V.
Eligibility
In
order to participate in the Flexiplace program, an employee
must:
1. Have
volunteered for the program.
2. Have
supervisory approval for participation.
3. Have
worked as an EPA employee for at least one year.
4. Is
not a probationary or temporary employee.
5. Not
have had documented performance or conduct deficiencies
within the preceding 12 months.
6. Have
portable work
7. If
working at home, be able to provide an appropriate work
location with adequate space not subject to undue interruption
which would impact productivity and access to a telephone.
8. Have
demonstrated the ability to work independently.
VI.
Criteria for Approval/Disapproval
A.
Criteria for approval includes the following:
1. Portability
of the work.
2. Reasonableness
and practicality of the request with respect to such
issues as complexity of administrative arrangements
that need to be made or potential impact on other employees’
work load.
3. Additional
cost to the Agency.
4. Availability
of necessary equipment.
5. Service
delivery to internal and external customers, including
office coverage.
6. Needs
of the employee.
B.
Generally, requests will not be approved if any of the
following conditions apply:
1. The
employee has been with the Agency for less than one
year.
2. The
position requires extensive face to face contact with
supervisors, other employees, clients or the general
public.
3. The
work requires access to material which is routinely
required to accomplish assignments and cannot be removed
from the official work site.
4. Any
performance or conduct deficiencies, including time
and attendance, have been identified and documented.
5. The
employee’s work schedule is insufficient to provide
both office and flexiplace days because of a limited
tour of duty.
6. The
work requires close supervision because the employee
is new to the work or is being trained on new or developmental
duties, or other work monitoring requirements.
7. The
employee has not demonstrated an ability to work independently,
including time management.
VII.
Flexiplace Guidelines
A.
Work Agreement. Employees who have been approved
for Flexiplace assignments must sign a work agreement
that covers the terms and conditions of participation
in the Flexiplace Program (Appendix 3). This agreement
will provide employees with sufficient information about
the Flexiplace Program so they can make an informed
decision whether to participate. When signed, this agreement
documents commitment by the employee and his/her supervisor
to adhere to Flexiplace policies. The work agreement
includes the following items:
1. Privacy
Act/security provisions for government property and
records;
2. Personal
and financial liability;
3. Agreement
to release home telephone number to “customers”
(applies only to employees working at home).
4. Voluntary
nature of the arrangement.
5. Length
of the Flexiplace assignment.
6. Days
and hours of duty for each duty station.
7. Location
of AWL.
8. Responsibilities
for timekeeping, leave approval, overtime or compensatory
time.
9. Work
assignments for the AWL.
B.
Work Schedules. The same work schedule rules
that apply at the official duty station apply at the
alternate work location.
C.
Position Descriptions and Performance Issues.
1.
Position Descriptions. Changes to position descriptions
are not necessary because the actual duties to be performed
should remain the same.
2.
Performance Standards. Critical elements and performance
standards must have clearly defined performance requirements
that are quantifiable, measurable and results oriented.
Changes should not be necessary because the actual duties
to be performed and any assessment of results should
remain the same at the AWL.
D.
Records Management
EPA
employees are required to comply with the following
guidelines on using records or duplicating records when
working at Flexiplace locations. Compliance with these
Flexiplace policies will protect the Agency and the
employee in the event of litigation or investigation.
During an investigation, all relevant records must be
made available to investigators and auditors.
1. Any
official record removed for Flexiplace assignments remains
the property of EPA. Additionally, any official record
that is generated from Flexiplace assignments becomes
the property of EPA.
2. Confidential
and Privacy Act information will continue to be properly
safeguarded at the AWL just as it is at the official
duty station using established procedures as permitted
and authorized (for example, the EPA TSCA Confidential
Business Information Security Manual).
3. Employees
must comply with any and all other applicable records
security laws, regulations and policies.
E.
Time and Attendance
1. Employees
performing work at the AWL are subject to the same maximum
workday limits as they would be if they were performing
work at the official duty station. Employees performing
work at the AWL are not authorized to work overtime
or official compensatory time, except in special circumstances
(e.g., to meet priority needs of the Agency). In these
situations, prior approval must be obtained from their
supervisor.
2. Employees
performing work at the AWL will follow established procedures
for requesting and obtaining approval of leave, consistent
with Article 24 of the Master Collective Bargaining
Agreement.
3. Certification
and Control of Time and Attendance (T&A).
Federal policy and procedures governing certification
of time and attendance require agencies with employees
working at AWL to provide reasonable assurance that
they are working when scheduled and absences during
the work day are accounted for. Employees must self-certify
time and attendance to their supervisor. This may be
done electronically, by report (see Form 4 in attached
Appendix for an example), or in accordance with other
established procedures.
4. Administrative
Leave/ Emergency Closings/Late Openings/ Dismissals:Employees
are not entitled to excused absence for emergency closings,
delayed openings or early dismissals for conditions
or events that do not affect their reporting for duty
at the AWL. In the event that conditions prevent the
employee from performing his/her duties at the AWL (e.g.,
power outage), the employee must report to the official
duty station if it is open, subject to the same excused
absence allowances provided to other employees at that
site, or request appropriate leave.
F.
Fair Labor Standards Act
The existing rules in
Title 5 U.S.C. and in the Fair Labor Standards Act (FLSA)
governing overtime also apply to Flexiplace arrangements.
All overtime work for employees in Flexiplace assignments
must be approved in advance by the supervisor.
G.
Workers Compensation
Flexiplace employees
are covered by the Federal Employees Compensation Act
(FECA). Employees can qualify for continuation of pay
or Workers Compensation for on-the-job injury or occupational
illness if injured in the course of performing official
duties at the official duty station or an AWL. Supervisors
must ensure that claims of this type are immediately
brought to the attention of the servicing Human Resources
Office. Any accident or injury occurring at the AWL
must be brought to the immediate attention of the supervisor.
Because the Agency is liable for potential Workers Compensation
costs, the Agency shall have the right to conduct inspections
of employees’ AWL(s), provided 24 hours advance
notice is given and the employee is working at the AWL
on the day of the inspection.
H.
Pay Rates
1. Duty
Station. For pay purposes, the "official duty
station" is the employee's Federal office.
2. Special
Salary Rates. The employee's official duty station
serves as the basis for determining special salary rates.
3. Premium
Pay.The same rules and regulations apply for
night differentials and Sunday and holiday pay whether
work is accomplished at the traditional work site or
an AWL. The employee's official work schedule determines
his/her entitlement to premium pay. Working at night,
on Sundays or on holidays requires pre-authorization
by the supervisor, whether working at the traditional
work site or at an AWL.
I.
Facilities
1.
Home Office
Space.If working at home, employees participating
in Flexiplace should have a designated work area for
performance of their work-at-home duties. Requirements
will vary, depending on the nature of the work and the
equipment needed to perform the work.
2.
Equipment and
Expenses. The Agency will provide appropriate
equipment, when it is available, for employees to perform
work at the AWL. Employees may choose to use home personal
computers and other office equipment in support of their
Flexiplace requests. The Agency will not be responsible
for any operating costs, home maintenance, homeowners
or renters insurance, or other residential costs except
the Agency will pay the cost for authorized telephone
expenses (including toll calls) incurred for official
Agency business.
a.
Telephones.EPA
may provide telephone credit cards or may reimburse
an employee working under an approved Flexiplace Agreement
for business-related long-distance and toll calls on
his/her personal phone. EPA may install telephone lines
and other necessary equipment and pay monthly telephone
charges in private residences under special circumstances.
The Agency reserves the right to determine the most
cost-effective manner of covering telecommunications
costs.
b.
Laptop Computers,
Agency-owned Equipment,etc. When available, Agency
owned property, such as laptop computers and other telecommunications
equipment, may be used by employees in their private
residences, provided the equipment is used only for
official business. Strict adherence to regulations concerning
the safeguarding and removal of all equipment is essential.
Prior approval through the appropriate channels must
be obtained before any property is removed from the
Agency and property passes must be issued for each piece
of equipment. All equipment, software, data, and supplies
furnished by the Agency shall remain the sole property
of the Agency. Employer-owned software shall not be
duplicated for private use or personal profit. Employees
must agree to return these items upon request of the
Agency for maintenance or any other reason, or upon
termination of the Flexiplace agreement. Employees are
responsible for the safety and security of all equipment
and data provided by or generated for the Agency, including
maintaining security and confidentiality. Employees
are solely responsible for maintaining any personallyowned
equipment.
c.
Supplies.
If needed, the Agency will provide necessary office
supplies, (paper, pens, diskettes, etc.), subject to
applicable rules and regulations regarding use of government
property.
3.
Miscellaneous
Expenses.Employees are expected to plan for and
accomplish necessary photocopying, mail, and facsimile
transmissions at the Official Duty Station. In emergency
situations, and with the prior approval of the supervisor,
costs associated with the copying of work-related materials,
facsimile charges, express mail, etc., may be reimbursed.
4.
Workplace Is
Not a Government Facility. While the Agency may
own some of the property and materials used by the employee
in the home workplace, the employee agrees and understands
that the home work place is not a Government facility,
and that costs of safeguarding, insuring, and maintaining
the home work place and the Government property therein
are the sole responsibility of the employee.
5.
Questions related to claims for personal property damage
or loss or personal injury related to the employee's
performance of official duties should be directed to
the servicing Human Resources Office. The Agency will
address issues of employee or Agency liability in accordance
with the specific facts of each case and under the provisions
of the Federal Employees Claims Act, the Federal Tort
Claims Act, the Military Personnel and Civilian Employees
Claims Act, and applicable law, as appropriate.
6.
Generally, a Federal tax deduction is not allowed for
a home office or work space unless used exclusively
on a regular basis as a principal place of business.
Employees who believe they may be entitled to a tax
deduction based on home office or work space, depreciation
of employee-owned personal computers and related equipment,
etc., should consult their tax advisors or the Internal
Revenue Service for information on tax laws and interpretations.
VIII.
Application Process and Procedures
The following language
describes application procedures:
A.
The employee will submit the attached application for
performing work at the AWL. The application will describe
the nature of the duties to be performed and the specific
day(s) requested. The request will be submitted to management
for approval. The decision will be provided to the applicant
in writing as soon as possible, normally within 15 calendar
days.
B.
The Flexiplace Application must be submitted within
a reasonable advance period allowing sufficient time
for the approving official to consider and plan for
the request. If the assignment is initiated by the supervisor,
and the employee concurs, the employee is still responsible
for submitting a Flexiplace Program Application.
C.
The criteria for approving a request to work at the
AWL will be based on the terms of this agreement.
D.
Employees and their supervisors approved for the Flexiplace
Program must receive applicable guidance, which may
include training and/or other types of communication,
which provides an overview of the program and the requirements
for participation.
IX.
Withdrawal or Removal from the Flexiplace Program
A.
An employee may terminate his/her Flexiplace arrangement
at any time without prejudice and return to his/her
official duty station. Employee notice to the supervisor
should be in writing and acknowledged by the supervisor
to prevent misunderstandings about the employee’s
work location.
B.
The Agency may remove an employee from the Flexiplace
Program based on the employee's failure to adhere to
the requirements specified in the Flexiplace Program
Agreement and/or any performance or conduct issues or
concerns which adversely affect or alter the conditions
pertaining to any of the approval criteria identified
in Section VI. When a decision is made to remove an
employee from the Flexiplace Program, the employee must
be given written notice indicating the reason(s) for
removal (Appendix 5). The employee may reapply for Flexiplace
Program participation 6 months after removal from the
Program, provided that her/his performance and conduct
are fully satisfactory.
X.
Changes
When any aspect of the
work agreement changes (e.g, position, work assignment,
alternate work location, etc.), the employee and supervisor
will reassess the employee’s work for Flexiplace
suitability and continued approval.
XI.
Problems with Potential Affect on Work Performance
A.
Employees will promptly inform supervisors whenever
any problems arise which adversely affect their ability
to perform work at the alternate work location. Examples
could include situations such as equipment failure,
power outages, telecommunications difficulties, etc.
B.
In the event of a local emergency situation which adversely
affects employees' ability to commute to the workplace
(e.g., transit strike, natural disaster), the parties
agree to meet immediately to discuss possible temporary
Flexiplace arrangements for affected employees.
XII.
Implementation
A.
The provisions of this agreement do not modify procedures
in law, government-wide laws, regulations or the Master
Collective Bargaining Agreement for using Flexiplace
(or some variation of the program) as a reasonable accommodation
for qualified disabled (handicapped) individuals.
B.
EPA bargaining unit employees who are using Flexiplace
arrangements as of 5/11/98 will continue under that
arrangement until 30 days after the effective date of
this agreement, when they will be required to comply
with these provisions.
C.
Violations of this agreement are subject to the negotiated
grievance procedure between the parties.
D.
This agreement becomes effective on the 31st day after
signing unless timely and proper disapproval is received
in an agency head review. If any portion is properly
disapproved, the remaining portion will become effective
and the parties will return to the bargaining table
as soon as possible to attempt resolution of outstanding
issues.
E.
Union and management will meet within 6 months of the
implementation date of this agreement to evaluate available
date and resolve any problems or disputes regarding
the Flexiplace program. AFGE participants will be provided
official time and travel expenses to prepare for and
participate in these meetings. If further meetings are
necessary, they will be jointly arranged.
1. The
following information on each AAship and Regional Office
will be provided to the Union no later than 12/31/98
in order to get a current picture of existing Flexiplace
programs within the Agency:
a. Name,
job title, series and grade and location of every employee
on Flexiplace as of October 31, 1998.
b. Type
of Flexiplace (Regular, Episodic, Medical)
c. All
handouts/training materials/guidelines for the EPA/AFGE
Flexiplace program
d. Beginning
and ending date (projected or actual) of each employee’s
Flexiplace assignment,
e. Copies
of any surveys done with participants for any reason
f. Copies
of any reports or evaluations provided to the upper
level EPA management, other agencies or organizations
outside of EPA.
F.
The existing goals for Flexiplace participation in Region
I, Region VIII or any other portion of the bargaining
unit will not be reduced or eliminated.
G.
An electronic copy of this agreement will be placed
on the EPA LAN with-in a 7-day pop-up notice, on the
web page and in ‚Employee Matters.₤ A hard
copy will be provided to new employees and other bargaining
unit employees upon request.
H.
This agreement will become a part of the new AFGE national
contract and will not be reopened except by mutual agreement
during the life of the contract.
For
AFGE: For
EPA:
Signed
09/29/98 Signed
10/13/98
Jill
Hastings-Ellis, Chief Negotiator Linda
J. Wallace, Chief Negotiator
Signed
09/29/98 Signed
10/08/98
Alan
L. Hollis, Coucil 238 President Devereaux
Barnes, Office Director, OSW
Signed
10/13/98
Eyvone
Petty-Collier, Council 238 1st Steven
E. Johnson, LMR Rep., Region III
Appendix
(1)
AFGE/EPA
FLEXIPLACE APPLICATION FORM
Employee
Name |
|
Telephone
Ext. |
|
Mailcode |
|
|
Type
of FlexiplaceRegular |
|
Episodic |
|
Medical |
|
|
|
Job
Title/Series/Grade |
|
|
Division/Office |
|
|
Alternate
Work Location Address |
|
|
Alternate
Work Location Telephone |
|
Fax
|
|
|
First
Line Supervisor |
|
Telephone
Ext. |
|
|
Number
of Days per Pay Period requested for Alternate
Work Location |
|
|
Description
of work to be performed at Alternate Duty Location: |
|
|
|
|
I
certify that I received at least a Fully Successful
or Pass performance appraisal rating.
I certify that I have work space at the alternate
work location suitable for performaing work.
I certify that I am willing to sign and abide
by the Flexiplace Program Work Agreement.
If the request is for medical flexiplace, medical
documentation justifying the reason for the
request and the projected duration that it will
be needed is attached to the application. |
Employee
Signature |
|
Date |
|
|
|
***************************************************************************
ACTION
ON APPLICATION |
Approved |
|
|
Disapproved |
|
|
|
|
|
Specific
Reason for Disapproval: |
|
|
Supervisor's
Signature |
|
Date |
|
|
|
Approving
Official's Signature |
|
Date |
|
|
|
NOTE:
A copy of this form should be maintained by
the employee, the supervisor and a copy sent
to the appropriate Flexiplace Coordinators. |
Appendix
(2)
EMPLOYEE
SELF-CERTIFICATION SAFETY CHECKLIST
The
following checklist is designed to assess the overall
safety of the AWL and must be completed, signed and
given to your supervisor with your application for the
Flexiplace program.
|
Yes |
No |
N/A |
Comments |
1.
Is the space free of asbestos material? |
|
|
|
|
2.
If NO, is the asbestos undamaged and in good
condition? |
|
|
|
|
3.
Does the space appear to be free of indoor air
quality problems? |
|
|
|
|
4.
Is the space free from excess noise? |
|
|
|
|
5.
Is water available and drinkable in the space? |
|
|
|
|
6.
Is ventilation adequate? |
|
|
|
|
7.
Is a bathroom available with hot and cold running
water? |
|
|
|
|
8.
Are there handrails for stairs with more than
three steps? |
|
|
|
|
9.
Are circuit breakers/fuses in the electrical
panel labeled as to intended service? |
|
|
|
|
10.
Do circuit breakers clearly indicate if they
are opened or closed? |
|
|
|
|
11.
Is all electrical equipment free of recognized
hazards that would cause physical harm (for
example, frayed wires, bare conductors, loose
wires, exposed wires fixed to the ceiling, a
rat’s nest of plugs in a single outlet
and so on)? |
|
|
|
|
12.
Will the building's electrical system permit
the grounding of electrical
equipment? |
|
|
|
|
13.
Are aisles, doorways and corners free of obstructions
to permit visibility and movement? |
|
|
|
|
14.
Do file cabinets and storage closets open so
they do not obstruct walkways? |
|
|
|
|
15.
Do chairs have stable and secure casters/wheels? |
|
|
|
|
16.
Are the rungs and legs of chairs stable and
sturdy? |
|
|
|
|
17.
Are the phone lines, electrical cords, and extension
wires safely secured? |
|
|
|
|
18.
Is the office space free of combustible materials? |
|
|
|
|
19.
Is there adequate electrical lighting to accomplish
work assignments? |
|
|
|
|
20.
Are floor surfaces clean, dry, and level? |
|
|
|
|
21.
Are carpets well secured to the floor and free
of frayed or worn seams? |
|
|
|
|
22.
Are there any other known safety issues that
should be addressed for this work space? |
|
