3 FAM 2360
TELEWORK
(CT:PER-1175; 02-12-2024)
(Office of Origin: GTM/ER/WLD)
3 FAM 2361 GENERAL INFORMATION
3 FAM 2361.1 Purpose
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
The Telework Enhancement Act of 2010 (Act) required each executive branch agency to establish a policy under which eligible employees are authorized to telework. Telework is primarily an arrangement established to facilitate the accomplishment of work from a location other than the regular worksite. While employees and agencies alike enjoy positive outcomes resulting from telework, agencies retain both the discretion and the obligation to determine employee eligibility for telework subject to business-related, operational needs, as well as the limitations and requirements described in the Act, including 5 U.S.C. 6502(b), and OPM guidance.
3 FAM 2361.2 Authority
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Authorities include:
(1) An Office of Personnel Management (OPM) memorandum to agency personnel directors on October 21, 1993;
(2) Presidential memoranda to agency heads on July 11, 1994 (Memorandum on Expanding Family Friendly Work Arrangements in the Executive Branch), and June 21, 1996 (Memorandum on Family Friendly Work Arrangements);
(3) The National Telecommuting Action Plan adopted by the President's Management Council on January 5, 1996;
(4) Section 359 of Public Law 106-346, October 23, 2000;
(5) Division B of Public Law 108-447, December 8, 2004;
(6) The Telework Enhancement Act of 2010 signed by the President on December 9, 2010;
(7) 5 CFR 531.605;
(8) Information on telework law and telework guidance found on www.telework.gov, the official website of the Federal Government's telework program; and
(9) Office of Personnel Management (OPM) Guidance released to Agencies, November 2021.
3 FAM 2361.3 Applicability
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. This subchapter applies to:
(1) Civil Service and Foreign Service employees who are on assignment in the United States and who are encumbering a position with duties eligible for telework; and
(2) U.S. direct-hire employees assigned abroad on a case-by-case basis, at the discretion of management.
b. For information regarding special considerations pertaining to telework arrangements for employees abroad, refer to 3 FAM 2362.3.
c. For information regarding Domestic Employees Teleworking Overseas (DETOs) refer to 3 FAM 2370.
d. For information regarding establishing a Remote Work Arrangement, refer to 3 FAM 2380 (Remote Work).
e. For information regarding telework arrangements for Locally Employed (LE) Staff, refer to 3 FAM 7769.
f. Telework arrangements as accommodation for a disability must be approved by the Disability and Reasonable Accommodation Division in the Bureau of Global Talent Management, Office of Accessibility and Accommodations (GTM/OAA/DRAD), in accordance with the provisions of the Rehabilitation Act of 1973, the Americans with Disabilities Act Amendments Act of 2008, and implementing EEOC regulations at 29 CFR 1630. See 3 FAM 3670 for how to request a reasonable accommodation.
3 FAM 2361.4 Definitions
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Alternate worksite: A designated location, other than the regular worksite, where employees perform work assignments, such as the employee’s home.
Core telework: A telework arrangement in which the employee teleworks on a regularly scheduled basis.
eTelework: Electronic database in GTM Next through which all domestic employees request Telework agreements.
Global OpenNet (GO): The OpenNet Everywhere system that provides subscriber access to Department of State unclassified email, documents, and applications while away from the office or teleworking.
Mobility Assessment Tool (MAT): A tool housed in GTM Next for managers/supervisors to use to determine the maximum telework eligibility for domestic positions using an equitable, standard, and objective process.
Official Worksite: The official worksite is the location where the employee regularly performs their duties as reflected on the employee’s Notification of Personnel Action (SF-50). For an employee who is approved for remote work, whether within or outside of the locality pay area of the regular worksite, the location on their SF-50 for their official worksite will generally be their residence. The official worksite may also be referred to as the official duty station.
Regular Worksite: The physical location where an employee would normally report for work if they were not working remotely or teleworking (i.e., the location of the employee’s position, such as the Harry S Truman Building). This may also be referred to as the agency worksite.
Remote Worker: A U.S. government direct-hire employee assigned to a domestic position who performs their position’s job duties offsite at an approved alternate worksite and who is not expected to report to the regular worksite.
Situational telework: A telework arrangement in which an employee is approved by a supervisor to telework on an ad-hoc/case-by-case and non-routine basis, where the hours teleworked are not part of a previously approved, ongoing, or regular telework schedule. Situational telework is sometimes also referred to as occasional, episodic, intermittent, unscheduled, or ad-hoc telework. Situational telework may be granted even if an employee is already approved for core telework and does not require an amendment to an existing telework agreement. This type of telework also is a component for continuity of operations (COOP) and continuity of government (COG) operational statuses.
Telework: The term ‘telework’ or ‘teleworking’ refers to a workplace flexibility under which an employee performs the duties and responsibilities of their position, and other authorized activities, from an approved alternate worksite other than the regular worksite, but still reports onsite to their regular worksite at least twice per pay period.
Teleworker: An employee who teleworks but reports to the regular worksite at least twice per pay period.
Telework agreement: A mandatory document that outlines the terms and conditions of the telework arrangement, which are agreed upon between the supervisor and the employee.
Unscheduled telework: Telework performed by an employee with an approved active telework agreement on an unscheduled basis in response to inclement weather or other unexpected emergencies and in accordance with OPM notifications and guidance, with notification to the supervisor. OPM generally makes unscheduled telework announcements in these circumstances to permit (or require) unscheduled telework to be performed, in compliance with agency policy, irrespective of whether the employee was scheduled to telework.
3 FAM 2362 DEPARTMENT POLICY
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Note: The rest of 3 FAM 2360 addresses only telework. See 3 FAM 2380 for detailed information on remote work.
a. The Office of Employee Relations, Work Life Division, in the Bureau of Global Talent Management (GTM/ER/WLD) manages the Department’s Telework Program and provides telework policy guidance to bureaus. When properly implemented, telework benefits both the employee and the Department by increasing work/life effectiveness, aiding in recruitment and retention, and enhancing morale.
b. Maintaining a viable telework-ready workforce requires practice and the regular, ongoing testing of equipment and procedures to ensure that teleworkers will be effective and efficient while performing duties at an alternate worksite when required.
c. Bureaus have management discretion to determine whether telework is an option for their direct-hire employees and contractors. Bureau management officials may develop a bureau telework policy that advances the bureau's mission and meets the bureau's operational needs while supporting telework to the fullest extent practicable. A bureau telework policy must be consistent with, and no more restrictive than, the Department’s telework policy in 3 FAM 2360.
3 FAM 2362.1 General Provisions
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The programmatic requirements of the office must be considered when approving telework arrangements.
b. Participation in the Telework Program is voluntary.
c. Telework is not an entitlement, nor does it create any right or benefit, substantive or procedural, enforceable by a party against management.
d. Telework agreements outlining the specific work arrangement agreed to for the teleworker must be established between the employee and supervisor.
e. The telework agreement must be reviewed by the manager and teleworker at a minimum on a yearly basis and/or if there is a material change in position functions.
f. Employees are responsible for informing supervisors and colleagues how they can be reached during telework or remote work, including by telephone. Employees must provide accurate contact methods in their email signature block to ensure they can be contacted whether working offsite or in the office.
g. Supervisors are responsible for implementing measures to maintain open communication with all employees whether onsite or offsite.
h. Telework arrangements are based on the employee's position duties as evaluated for telework eligibility in the Mobility Assessment Tool.
i. Telework is not a substitute for dependent care but teleworkers may work from their alternate location even when individuals requiring care (e.g., children or elders) are present. Employees must request leave for time spent actively performing care or personal responsibilities during regular duty hours.
j. The alternate worksite must be a safe and adequate place to work. Teleworkers must provide sufficient security to protect any U.S. Government-owned equipment that may be lent or issued to them.
k. Per 3 FAM 3483.2(a)(3), an authorizing official will not approve Weather and Safety Leave (WSL) when the WSL condition does not prevent the employee from safely traveling to and safely performing work at their regular worksite, even if the affected day is a scheduled telework day. This includes situations where an employee loses internet connectivity at the alternate worksite (except in cases where there is also an office closure at the regular worksite). For teleworkers who lose connectivity at the alternate worksite, Global OpenNet (GO) login and IT connection attempts reported to the IT Service Center are considered hours of work (i.e., Regular Duty) for up to one hour.
l. All employees, whether working onsite, teleworking, or remote must be treated equally for purposes of periodic appraisals of job performance, training, rewarding, reassigning, promoting, reducing in grade, work requirements, removing employees, and other acts involving managerial discretion. References to telework or remote work status will be considered inadmissible comments for the purposes of Civil Service performance appraisals and Foreign Service Employee Evaluation Reports (EERs).
m. A supervisor may cancel, suspend, or modify the telework arrangement in accordance with 3 FAM 2362.2, with prior notification of at least two pay periods, by providing written justification to the employee documenting the rationale for the cancellation or change, such as a substantive change in the position’s duties or a performance or conduct issue.
n. An employee may cancel the telework agreement at any time with prior notification of at least 10 workdays. An employee may request an adjustment of their telework arrangement by providing a written justification to their supervisor for consideration.
o. A supervisor generally may require the presence of an employee in the office on a day normally scheduled for telework. A supervisor has discretion to allow a make-up core telework day, but there is no requirement to do so. In situations where an employee requests telework as a reasonable accommodation, the supervisor should forward the request to the Office of Accessibility and Accommodations in the Bureau of Global Talent Management, in accordance with 3 FAM 3673.2. Normally, an employee is notified of such a change in advance, but sometimes advance notice is not feasible.
p. Teleworkers are subject to workplace requirements, e.g., random drug testing, and must report to the regular worksite when requested. As a general rule, transportation costs from the alternate worksite to the official worksite on a day usually scheduled for telework will not be reimbursed by the U.S. Government.
q. Teleworking employees must exercise care and judgment with regards to records and information that are Sensitive But Unclassified (SBU) and/or subject to the Privacy Act. Offices allowing employees access to these records offsite must ensure that appropriate administrative, technical, and physical safeguards are maintained to protect the confidentiality and integrity of records (see 12 FAM 540.)
r. All work-related files, records, or papers produced while working away from the regular worksite are the property of the U.S. Government and are subject to all applicable laws and regulations governing the use, maintenance, access, and destruction of such files, records, and papers.
s. Employees must adhere to the terms of their Telework Agreement.
t. A decline in employee performance may result in the modification or cancellation of the telework agreement if the supervisor determines that the decline in performance cannot be adequately addressed while maintaining the employee’s telework status and/or if the supervisor determines that telework has diminished employee performance or agency operations. Generally, a supervisor may in their discretion approve an employee to remain on telework status while on a Performance Improvement Plan. Generally, if the employee's telework is an approved reasonable accommodation, it cannot be modified without consulting GTM/OAA/DRAD.
u. Telework Agreements are generally cost-neutral arrangements.
v. Teleworkers are expected to provide for their own office supplies, equipment, and internet access sufficient to perform the duties of their positions from an alternate worksite. Bureaus may, at their discretion, provide an Enterprise Mobile Device (EMD) or other Department-issued mobile device, equipment, or supplies to an employee.
w. An employee receiving telework as a reasonable accommodation may consult with the Office of Accessibility and Accommodations in the Bureau of Global Talent Management concerning the types of accommodations which may be available to the employee at the alternate worksite.
x. When temporarily teleworking for more than 10 consecutive workdays from a location other than the alternate worksite listed in the telework agreement, an employee must obtain pre-approval from their supervisor and should submit, via eTelework, a new telework agreement and Home Safety Checklist for Teleworkers (Form DS-1963) for the additional alternate location(s) to the supervisor. The employee, supervisor, and/or bureau approver should document additional alternate worksite(s) in the Comments field on the eTelework Agreement, addressing the location(s) and timeframe of the alternate worksite(s).
3 FAM 2362.2 Eligibility
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Domestic telework eligibility is primarily based upon mission needs and the functions of the position that the employee encumbers, as reflected in the position’s Mobility Assessment Tool (MAT) designation. Through the MAT process, each domestic position receives a maximum telework eligibility score. Supervisors must conduct a MAT assessment for each domestic position that reports to them, and each such assessment must be approved by the employing bureau Executive Director. Supervisors are required to discuss position MAT scores with each of their direct reports. Employees are not required to telework up to the maximum telework eligibility of their position. If a supervisor limits the frequency of telework permitted in the employee’s Telework Agreement to less than the maximum telework eligibility of the position per the MAT assessment, the supervisor must document the reason in the MAT.
b. An employee's full-time or part-time work status, including participation in a Job Share, does not in and of itself impact telework eligibility.
c. Foreign Service employees assigned abroad are not eligible for core telework given the nature of diplomacy and work abroad. However, employees assigned overseas may be eligible for situational telework. More detail about telework arrangements abroad is found in 3 FAM 2362.3.
d. Employees are generally eligible for telework unless:
(1) The employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year;
(2) The employee is currently on leave restriction;
(3) The employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties, or for misconduct related to the misuse of public office for private gain, misuse of nonpublic information, misuse of U.S. Government property, or misuse of official time; or
(4) The employee’s performance is unacceptable AND the supervisor determines that the decline in performance cannot be adequately addressed if the employee is approved for telework.
e. Employees may be granted situational telework on an ad-hoc, case-by-case basis, with supervisor approval, in addition to the frequency of core telework documented in their Telework Agreement.
Example: An employee is on a core telework agreement, teleworking every Monday, Wednesday, and Friday. The employee twists their ankle and is not able to commute on the metro as usual during recovery. They request situational telework on Tuesdays and Thursdays during their recovery period. Because the employee already has a core telework agreement in place, they do not need a new Telework agreement, but the supervisor must approve the temporary additional situational telework.
3 FAM 2362.3 Special Considerations for Telework Abroad
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service, Civil Service Employees and Eligible Family
Members hired under Family Member Appointments)
a. All overseas posts are required to implement a post-specific telework policy, including posts in which telework is not permitted. The decision to permit telework rests with the Chief of Mission. The policy applies to all employees of all agencies who are subject to COM authority.
b. Posts must meet the following additional requirements, beyond the generally applicable telework policy, for telework abroad:
(1) The Counter Intelligence Working Group (CIWG) must concur that telework is appropriate for the Mission and approve a policy that allows participation in Remote Access.
(2) The telework policy must be written in consultation with the Mission’s Management Section and Regional Security Office. Posts must have telework policies in place in order to permit employees to telework on a case-by-case basis.
(3) The decision whether to notify the host country of a telework arrangement will be made by the Chief of Mission.
(4) Official documents in the employee’s residence will be safeguarded (e.g., in a personal locked cabinet) and segregated from personal documents and possessions. In general, employees will minimize the use/presence of printed official documents outside of post facilities.
(5) Access to classified electronic material is not allowed at the alternate worksite or home, unless the employee has permission to receive and operate a Department-issued secure communications device, which will permit the use of electronic classified material. Sensitive But Unclassified (SBU) material may be permitted but should be minimized to the extent possible.
(6) Each mission has the authority to designate, via their post telework policy, the highest approving official required on the telework agreement (DS-4230).
c. Only situational telework is permitted for U.S. direct-hire employees (e.g., Foreign Service employees), eligible family members hired under Family Member Appointments, and Personal Services Contractors (PSCs) assigned abroad. Core telework arrangements are not permitted.
d. Employees may request situational telework for a variety of reasons (such as security or safety incidents, family situations, etc.), and managers and missions have broad discretion when evaluating these requests.
e. U.S. Direct-hire employees assigned abroad are subject to 3 FAM 2362.3 (Special Considerations for Telework Abroad) and are not DETOs (Domestic Employees Teleworking Overseas) as outlined in 3 FAM 2370.
f. For information regarding telework arrangements for Locally Employed (LE) Staff, refer to 3 FAM 7769.
g. There are a number of situations that may call for situational telework in the United States while away from post for U.S. direct-hire employees, such as MEDEVACs (3 FAM 2362.5), Emergency Visitation Travel (3 FAM 2362.5), or being “caught out” while on travel in the United States (e.g., when a travel delay prevents immediate return from the United States at the conclusion of R&R). Posts have discretion on whether to allow situational telework in these and similar circumstances and are encouraged to consider these scenarios in their specific policies.
h. Telework from a country other than the employee’s overseas post of assignment (also referred to as third country telework) is generally prohibited due to concerns related to security and privileges and immunities. This should not be confused with work conducted while on TDY orders for employees who are sent TDY to a third country location as part of an authorized or ordered departure.
3 FAM 2362.4 Temporary Telework Arrangements During Medical Evacuation/Emergency Visitation Travel/Other Emergencies Away from Post in the United States
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees and Eligible Family
Members (EFM) in the Department of State’s Medical Program)
Under certain circumstances, temporary telework arrangements may be approved for employees who are in the United States during a period of medical evacuation (“medevac”), Emergency Visitation Travel (EVT), or other emergencies resulting in an absence from the post of assignment. Allowing such employees to telework in appropriate circumstances facilitates continuity of operations, is an efficient use of human resources, increases employee morale, and diminishes the impact of the employee’s absence from post. Managers and supervisors are encouraged to consider short-term telework requests from eligible employees who wish to continue working while on medevac, during EVT, or while otherwise absent from their post of assignment due to other emergencies, i.e., the employee, or a member of the employee's or employee's spouse's immediate family is ill or injured and requires the employee's support.
(1) Employees who are absent from post in the United States on medevac, EVT, or due to another emergency, and who satisfy the eligibility criteria set forth in 3 FAM 2362.2 and the requirements set forth in 3 FAM 2362.3 may be eligible for a short-term telework arrangement. This does not apply to employees who are away from post in a third country.
(2) A short-term telework arrangement under this section shall not exceed the period of the medevac, the time spent away from the post of assignment on EVT or due to other emergency, or 180 calendar days, whichever is shorter.
(3) Employees engaged in a short-term telework arrangement under this section may telework appropriate job duties, bureau-assigned tasks, or a combination of both.
(4) A short-term telework arrangement under this section is subject to the approval of the employee’s supervisor and post’s Management Office, in consultation with post’s Human Resources Officer, the Bureau of Medical Services, and/or Regional Security Officer, where appropriate, and consistent with post’s telework policy in compliance with 3 FAM 2362.3.
(5) Employees are reminded that telework is not a substitute for leave, and that there is no employee entitlement to telework. See 3 FAM 2362.1.
(6) Time spent in telework status by an employee on medical travel must not result in any delay in the employee’s obtaining the required medical assessments necessary for expeditious completion of the medical evacuation.
(7) Both the Telework Agreement Form (DS-4230) and the Home Safety Checklist for Telework Form (DS-1963) must be completed prior to beginning telework.
3 FAM 2362.5 Security
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Telework employees are not permitted to work with classified information (electronic information only) at the telework worksite unless approved to receive and operate a Department-issued secure communications device, and must comply with current standards for remote operations from private residences. Agency security policies do not change and are enforced at the same rigorous level when employees work offsite as when they are at the regular agency worksite. Employees who telework or work remotely need to keep U.S. Government property and information safe, secure, and separated from their personal property and information (see 12 FAM 620, 12 FAM 530, 12 FAM 560, and 5 FAM 840 for additional information).
3 FAM 2362.6 Training
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Employees eligible for telework must successfully complete mandatory interactive telework training through OPM (www.telework.gov) before applying for a telework agreement and thereafter, at least once each year, e.g., upon renewal of the agreement.
b. Managers who supervise teleworkers must successfully complete the interactive telework training for managers through OPM (www.telework.gov) at least once each year.
c. Managers are highly encouraged to complete PT200 - Telework Principles for Supervisors: Managing a Virtual Workforce found in the FSI Registrar's Course Catalogue.
3 FAM 2363 THE ROLE OF EMPLOYEES, SUPERVISORS, BUREAU TELEWORK COORDINATORS, AND THE TELEWORK MANAGING OFFICER
3 FAM 2363.1 Employee
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees only)
Employees are responsible for maintaining an acceptable level of performance and must work with their supervisors to address any concerns related to performance or conduct. Employees must meet organizational requirements regarding communication and accessibility. This includes compliance with established bureau/office core hours and employees' established hours of work. Employees must remain flexible and responsive to the needs of the office and must clarify how they can be reached when teleworking or working remotely.
3 FAM 2363.2 Supervisor
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Supervisors must be committed, when considering a telework arrangement, to supporting the use of telework to the fullest extent practicable to accomplish work requirements and duties, consistent with the needs of the office and mission. Regular communication between the supervisor and employee and, when required to accomplish the work of the office/bureau, between the employee and Department colleagues, is critical to ensure accountability for work performed and a virtual presence throughout the workday.
b. Supervisors are required to conduct a MAT assessment of each domestic position to determine the maximum telework eligibility of each position.
c. Supervisors are required to discuss the results of the MAT position assessment with their employee and provide the employee with a determination of telework frequency the employee will be permitted, as documented in the employee’s Telework Agreement.
d. If the frequency of telework permitted in the Telework Agreement is less than the maximum telework eligibility of the position per the MAT assessment, the supervisor must document the reason in the MAT.
e. Supervisors must use the same metrics to evaluate the productivity of teleworkers as are used in evaluating employees working at the regular worksite. Periodic status reports may be used within offices to assess work products and productivity.
f. Supervisors should establish an office-wide communication structure for all employees (whether physically present at the regular worksite or not). This might include notification procedures (e.g., email notification) for reporting for and signing off duty at beginning of workday and end of workday.
g. In the event of an office closure, supervisors should collaborate with their employees to ensure that employees have sufficient work for their regular duty hours when teleworking or working remotely, including offline work, to the extent possible.
3 FAM 2363.3 Bureau Telework Coordinator
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The bureau telework coordinator is the subject-matter expert and the first point of contact for each bureau. The bureau telework coordinator provides guidance and answers questions regarding telework and remote work policy, the telework agreement process, and serves as a liaison between the employee, bureau, and the Department’s Telework Managing Officer in the Bureau of Global Talent Management.
b. Bureau telework coordinators ensure that the final Bureau Approver, who is generally the bureau Executive Director (unless delegated to another appropriate official such as the Deputy Executive Director or senior Human Resources Specialist) reviews and approves the Telework Agreement before telework begins.
3 FAM 2363.4 Telework Managing Officer
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The telework managing officer (TMO) in GTM/ER/WLD is responsible for policy development and implementation related to the Department’s telework program.
b. The TMO is an advisor to agency leadership and a resource for bureau telework coordinators, managers, and employees. The TMO also serves as the primary agency point of contact for the Office of Personnel Management (OPM) on telework matters.
c. The TMO is responsible for all reporting requirements of the telework program.
3 FAM 2364 TIME AND ATTENDANCE CERTIFICATION
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. A supervisor approves the employee's scheduled hours of duty and certifies the time and attendance of telework employees in the same manner as for employees reporting to the official worksite.
b. The General Accountability Office (GAO) requires agencies with employees working at alternate sites to provide reasonable assurance that the employees are working when scheduled. This can be done by determining the work output for the time reported and/or clocking in and out each day via telephone or e-mail.
c. Telework employees remain subject to all applicable laws, regulations, policies, and procedures governing the provision of premium pay to include the existing rules on overtime under 5 U.S.C. 5542 and the Fair Labor Standards Act (FLSA).
3 FAM 2364.1 Salary and Benefits
(CT:PER-640; 06-07-2011)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
A telework arrangement is not a basis for changing the employee’s salary or benefits based on the Civil Service grade or Foreign Service rank of the position. Telework arrangements may have the effect of changing an employee’s official worksite in accordance with the definitions set forth in 3 FAM 2361.4 and consistent with 5 CFR 531.605. Changes to an employee’s official worksite may, in turn, affect the employee’s salary, benefits, travel entitlements, and standing in the event of a reduction-in-force (RIF).
3 FAM 2364.2 Leave
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Annual and sick leave must be requested in the same manner for all employees, whether they work onsite at the regular worksite or not (see 3 FAM 3310 and 3 FAH-1 H-3310, Leave).
3 FAM 2364.3 Alternate Work Schedules
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Teleworkers maintain hours of duty consistent with their bureau or post policies on flexible or alternate work schedules. Guidance on flexible and compressed work schedules is provided in 3 FAM 2330. Employees should also consult any applicable collective bargaining agreement in place. The practices of telework and alternate work schedules are not mutually exclusive.
b. However, employees on alternate work schedules (AWS) with core telework agreements may not substitute their AWS day for a day they are required to be at the regular worksite. For example, an employee required to be onsite two days each pay period may not designate their AWS day as a de facto onsite day. They must still report onsite two days per pay period.
3 FAM 2364.4 Weather and Safety Leave Eligibility for Teleworkers
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Under the provisions set forth in 3 FAM 3480, the immediate supervisor or other higher-level authorizing official may grant a separate type of paid leave, called weather and safety leave (WSL), when it is determined that employees cannot safely travel to or from, or perform work at, their normal worksite, a telework site, or other approved alternate worksite because of severe weather or another emergency situation, as defined in 3 FAM 3481.1. WSL will generally be used in conjunction with an operating status announcement issued by OPM or the Department. Employees must adhere to the Department's telework policy set forth in 3 FAM 2360.
b. There are situations in which teleworking employees encounter GO or IT connectivity problems that may prevent them from working during part or all of their workday. If teleworking employees encounter connectivity problems preventing them from working at their regular worksite then they may work at their alternate work site or submit a leave request to their supervisor (DS-71). If the connectivity problems are at their alternate work site, then they may go into their regular worksite or submit a leave slip. If there are connectivity problems at both the regular worksite and the alternate work site, such as a major storm resulting in electricity outages or unsafe roadways, supervisors may approve Weather and Safety Leave requests for the specific period of time.
c. Per 3 FAM 3483.2(a)(3), an authorizing official will not approve WSL when the WSL condition affects the alternate worksite but does not prevent the teleworking employee from safely traveling to and safely performing work at their regular work site, even if the affected day is a scheduled telework day. Likewise, telework-ready employees may generally not receive WSL during an office closure if they can safely travel to and work at their alternate worksite.
d. Requirements to telework for emergency employees and certain other employees with approved and current telework agreements are set forth in 3 FAM 3483.4 - Emergency Employees and Emergency Relocation Group Employees.
3 FAM 2365 EMERGENCY RESPONSE TELEWORK - CONTINUITY OF OPERATIONS (COOP)
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Telework is an important component to all agency emergency planning. The Department’s policy is to implement telework arrangements as broadly as possible to take full advantage of the potential of telework and to ensure that:
(1) Equipment, technology, and technical support have been tested;
(2) Employees are comfortable with technology and communication methods; and
(3) Managers are comfortable managing a distributed work group.
b. Based on the nature of the emergency, supervisors and managers may leverage telework to carry out the essential functions of the Department. Supervisors and managers will ensure the designation is documented in the telework agreement.
c. Mission critical team (MCT) members should be appropriately equipped to ensure they can function from any location equipped with internet access.
d. During any period that an executive branch agency is operating under a continuity-of-operations plan, that plan will supersede any telework policy.
3 FAM 2366 COSTS AND EQUIPMENT
3 FAM 2366.1 Information Technology
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Bureaus are responsible for the cost of employees’ access to GO Virtual accounts.
3 FAM 2366.2 Home as the Alternate Worksite
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Management is not obligated to provide any electronic or communication equipment to the teleworker. However, the bureau may issue available equipment to employees for use at the alternate worksite.
b. The employee must agree to protect and not misuse or abuse any U.S. Government-owned equipment and to use the equipment for official purposes. The bureau will, as appropriate, set up, service, and maintain any U.S. Government-owned equipment issued to an employee who teleworks. Ownership and control of the equipment, including hardware, software, and data, remain with the U.S. Government. An employee who separates from the Department must return the USG-owned equipment. The U.S. Government will not be responsible for any other incidental costs (e.g., utilities, internet access) associated with the use of the employee's residence.
c. The employee is responsible for repair and maintenance of any personal equipment used. The bureau or post may agree to provide the employee with all necessary office supplies.
d. An employee should be regularly available to their supervisor, (e.g., email, phone/voice, video, and teleconferencing platforms) and should regularly check messages and follow-up on responsibilities, as needed, while at the alternate worksite.
3 FAM 2366.3 Telephone Calls
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Under 31 U.S.C. 1348, reimbursement of long-distance (domestic and international) telephone expenses are allowed if incurred as a result of official duties. Form OF-1164, Claim for Reimbursement for Expenditures on Official Business, should be completed and approved by the employee’s supervisor with a copy of the telephone charges.
b. To the extent possible, teleworkers should make official long-distance calls using U.S. Government provided resources (e.g., from the regular worksite, using a U.S. Government-issued cell phone, or using other approved IT tools (Microsoft Teams, ZoomForGov, etc.)). This practice will reduce additional costs associated with telework to the Department of State.
3 FAM 2367 WORKERS’ COMPENSATION
(CT:PER-1175; 02-12-2024)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. U.S. Government employees suffering work-related injuries and/or damages at the alternate worksite are covered as set forth in the Federal Employees' Compensation Act (FECA) (workers' compensation) and the Military Personnel and Civilian Employees Claims Act (PCA). Benefits provided under the FECA constitute the sole remedy against the United States for a work-related injury.
b. A telework agreement and safety checklist (Form DS-1963, Home Safety Checklist for Teleworkers) must be approved by a domestic employee’s bureau in the eTelework system. Overseas employees must follow post telework policies for application procedures, including the completion and approval of a telework agreement (DS-4230) and Form DS-1963.
(1) An employee who teleworks or works remotely from their residence is responsible for ensuring that their home is a safe and adequate place to work; and
(2) When temporarily teleworking for more than 10 workdays from a location other than the alternate worksite listed in the telework agreement, an employee must obtain pre-approval from their supervisor and should submit, via eTelework, a new telework agreement and Home Safety Checklist for Teleworkers (Form DS-1963) for the additional alternate location(s) to the supervisor. The employee, supervisor, and/or bureau approver should document additional alternate worksite(s) in the Comments field on the eTelework Agreement, addressing the location(s) and timeframe of the alternate worksite(s).
(3) When teleworking for fewer than 10 workdays from a location that is not the alternate worksite listed in the telework agreement (e.g., home), employees should ensure that the alternate worksite(s) comply with the health and safety requirements reflected in the Home Safety Checklist (Form DS-1963).
c. When injured while working at an alternate worksite, an employee should follow the same procedures as adhered to in the regular worksite when injured. The injured employee must notify their supervisor immediately and complete standard Department of Labor injury forms.
3 FAM 2368 DIRECT-HIRE DOMESTIC EMPLOYEES TELEWORKING OVERSEAS (DETOS)
(CT:PER-970; 01-09-2020)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
See 3 FAM 2370.
3 FAM 2369 REMOTE WORK ARRANGEMENTS (RWAS)
(CT:PER-1054; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
See 3 FAM 2380.