3 FAM 2380
REMOTE WORK
(CT:PER-1056; 08-11-2021)
(Office of Origin: GTM/ER/WLD)
3 FAM 2381 REMOTE WORK
3 FAM 2381.1 Purpose
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The Department of State defines Remote Work Arrangements (“RWAs”) as full-time core telework arrangements in which the teleworker's "alternate worksite" is located outside of the locality pay area of the regular worksite for the employee's position of record. As with other telework arrangements, each bureau has management discretion to develop a bureau-specific telework policy, which may include RWAs.
b. RWAs are workplace flexibility arrangements for domestically assigned employees that may be approved on a case-by-case basis. While employees and agencies alike benefit from telework programs, supervisors and bureau approvers (usually bureau Executive Directors or designees), should ensure there is sufficient portable work to perform for regular duty time and pay, and should consider the potential impact of an RWA on the office, staff, and ability to perform mission critical operations. RWAs are subject to budget, business and operational needs of the bureau, as well as Department telework policy; see 3 FAM 2360.
c. The U.S. Office of Personnel Management (OPM) guidance on managing a remote workforce allows Executive Branch agencies to develop their own agency-specific telework and remote work policies, and to implement a strategic and comprehensive framework for such policies. OPM's guidance provides information about a variety of policy issues related to managing a remote workforce in the Federal government, as well as change management considerations including workflow, communication, and managing performance of virtual workers.
3 FAM 2381.2 Authority
(CT:PER-1010; 08-21-2020)
(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, and June 21, 1996;
(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; and
(8) Information on telework law and telework guidance found on www.telework.gov, the official website of the Federal Government's telework program.
3 FAM 2381.3 Applicability
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. This subchapter applies to:
(1) Civil Service employees who are encumbering a position with duties eligible for telework consistent with 3 FAM 2362.2 Eligibility and 3 FAM 2381.5 Eligibility.
(2) Tenured Foreign Service employees who are encumbering a position (or who have been paneled or are otherwise expected shortly to encumber a position) in the United States or U.S. territories, who are performing at the fully satisfactory level according to the current rating of record, and who are encumbering a position with duties eligible for telework consistent with 3 FAM 2362.2 Eligibility.
(3) Reemployed Annuitants (REAs) who are appointed by the employing bureau to a position with duties eligible for telework consistent with 3 FAM 2362.2 Eligibility and who are performing at a fully satisfactory level or higher.
b. "Remote work arrangement" refers only to domestic telework arrangements where an employee works all of their scheduled hours of duty remotely. RWAs are core telework arrangements in which the teleworker's "alternate worksite" is located outside of the locality pay area for the regular worksite for the employee's position of record. For information related to Domestic Employees Teleworking Overseas (DETOs), refer to 3 FAM 2370. For information regarding special considerations pertaining to telework arrangements for employees assigned abroad, refer to 3 FAM 2362.3.
c. The procedures set forth in this subchapter are separate and apart from the procedures for requesting telework as a reasonable accommodation. For information related to reasonable accommodations for individuals with disabilities, see 3 FAM 3670.
3 FAM 2381.4 Definitions
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Alternate Worksite: A designated approved duty station, outside of the locality pay area of the regular worksite for the employee’s position of record, from which an employee remotely performs the duties of the employee's position (e.g., the employee's residence or another site outside of the regular worksite area). Also referred to as “remote work location.”
Global OpenNet (GO): The Department system that provides subscriber access to Department of State unclassified email, documents, and applications while away from the office or teleworking.
Locality Pay Area: An OMB defined metropolitan statistical area or combined statistical area that determines certain location-based pay entitlements based on the employee's official worksite, as documented on the employee's SF-50. For an employee with a remote work arrangement, the locality pay area is based on the location (city and state) of the telework alternate worksite.
Official Worksite: The official worksite is the location of an employee’s position of record where the employee regularly performs their duties.
Regular worksite: The place where an employee would normally work (i.e., the location of the employee’s position) but for an RWA.
Remote Work Arrangement (RWA): A work arrangement in which a domestically assigned direct-hire employee performs the duties of their position of record from an approved alternate worksite (e.g., the employee’s residence) on a full time basis outside of the locality pay area of the regular worksite for the employee’s position of record, and who is not expected to report to the regular worksite at least twice per biweekly pay period. (Note: To be considered remote work, no temporary exception has been granted under 5 C.F.R 531.605 (d)(2). An RWA may be supplemented by a Memorandum of Understanding (MOU) or additional telework terms and conditions in the telework agreement between the manager/supervisor and employee that outlines duties, obligations, responsibilities, and conditions of the RWA. The RWA is not a substitute for the employee’s performance plan.
Remote Worker: A U.S. government direct-hire employee in the Foreign Service or Civil Service assigned to a domestic position who performs all of their position’s job duties remotely from an approved alternate worksite outside of the locality pay area of the regular worksite for the employee’s position of record.
Telework: The term ‘telework’ or ‘teleworking’ refers to a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved work site other than the location from which the employee would otherwise work.
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.
3 FAM 2381.5 Eligibility
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. An RWA is a workplace flexibility option that bureaus may consider implementing for direct-hire Civil Service and Foreign Service employees assigned to domestic positions that permits an employee to accomplish the duties of their position from a location outside of the locality pay area of the regular worksite for the employee’s position of record.
b. The employing bureau has management discretion to establish an RWA. In determining whether to approve an RWA, the bureau may take into account the Department's ability to recruit and retain capable employees by increasing their flexibility to balance work and family priorities, decrease commuting time, traffic congestion, and energy consumption. . Supervisors are required to take OPM’s interactive telework management training at least once annually to effectively manage the RWA. Supervisors are strongly encouraged to take the Department’s telework management training course from the Foreign Service Institute to supplement required OPM telework training: PT200 – Telework Principles for Supervisors: Managing a Virtual Workforce, found in the FSI Registrar’s Course Catalog.
c. To be eligible for an RWA, the employee and the position must adhere to broader Department telework policy requirements set forth in 3 FAM 2360 (Telework) and must meet the basic telework eligibility requirements set forth in 3 FAM 2362.2 (Eligibility).
d. Hiring managers shall include language in a vacancy announcement indicating whether the advertised position may be eligible for remote work or telework, provided that the selectee is otherwise eligible under the Department’s RWA policy.
e. Part-time employees, supervisors, employees on Job Share arrangements, and Foreign Service employees on Y-tours are eligible for an RWA.
f. The following individuals are not eligible for an RWA:
(1) Untenured Foreign Service employees and tenured entry-level employees who have not fulfilled their entry-level service requirements, as defined in 3 FAM 2242.1 and 3 FAH-1 H-2241;
(2) Foreign Service and Civil Service employees whose rating of record for the most recent rating period was unsatisfactory or below fully successful or who are currently on a Performance Improvement Plan (PIP);
(3) Employees who have been officially disciplined for being absent without permission for more than 5 days in any calendar year;
(4) Employees currently on leave restriction;
(5) Employees who have 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;
(6) Employees who are not current on all mandatory training, including annual online OPM interactive telework training (www.telework.gov) for telework applicants, which must be completed before the telework arrangement begins. A certificate of completion must be provided to the supervisor on an annual basis during the telework application process.
(New hires must complete these requirements as part of their standard new employee onboarding).
(7) Employees without required security clearances, including employees with suspended security clearances.
g. Employees should submit a telework agreement via the Department’s eTelework online application system and note in the comments that it is in conjunction with a request for a Remote Work Agreement. If unable to apply online, applicants must manually complete Form DS-4230 (Telework Agreement Form) and Form DS-1963 (Home Safety Checklist for Teleworkers) and submit to supervisor with a copy forwarded to the Bureau’s HR section for record-keeping and data collection purposes.
(1) As with telework agreements, RWAs are limited to one year with an opportunity to renew by submitting a new application annually. If a Civil Service employee enters an RWA while still completing any required probationary or trial period, the RWA cannot extend beyond the end of that probationary or trial period, before becoming subject to renewal.
(2) Because RWAs involve no in-person supervision, employing bureaus should give serious consideration to a prospective remote worker’s ability to successfully fulfill their work requirements independently, on a full-time basis, by determining if the position’s duties sufficiently lend themselves to full-time core telework with remote supervision. Supervisors and managers considering a Remote Work Arrangement should seriously consider whether the RWA may result in a potential shift of an excessive amount of in-office work to other staff members.
(3) Supervisors have the discretion to determine that a position or employee is ineligible for an RWA or to revoke, suspend or modify a Remote Work Agreement for reasons including, but not limited to, those listed in 3 FAM 2362.2 and this section.
3 FAM 2381.6 Conditions of Remote Work
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. RWAs will be valid for a maximum of one year, at which time they may be renewed annually in compliance with the provisions of this chapter.
b. RWAs approved prior to the effective date of the Department’s 3 FAM 2380 Remote Work policy may be “grandfathered” at the bureau's discretion until the employee’s existing arrangement expires, at which time the employee must request renewal of the existing RWA following the procedures to establish a Remote Work Agreement in 3 FAM 2380.7.
c. Employing bureau HR Specialists must document an employee’s RWA on a SF-50, Notification of Personnel Action, that displays the duty station from which the employee is approved to work on a regular basis (i.e., approved alternate worksite). For guidance on documenting SF-50 changes on an individual employee record, please refer to the Office of Personnel Management’s Guide to Processing Personnel Actions.
d. Although remote workers are not generally expected to report to the regular worksite, the supervisor can require the presence of a Remote Worker at the worksite in certain circumstances (such as for Department random drug testing, training, or an official meeting) when reasonable advance notice is provided.
e. RWAs should generally be cost-neutral or low-cost arrangements, to the extent practicable.
(1) Supervisors should minimize official travel between the alternate worksite and regular worksite unless necessary to accomplish mission critical operational needs or where alternative virtual communication means (e.g., teleconference, virtual meetings) are not suitable or available. Where it is anticipated that travel will be required, early and frequent discussions between employee and employing bureau will help ensure a clear understanding of the associated costs the employing bureau will need to bear to support the arrangement. When a bureau or supervisor authorizes a remote worker to travel to the regular worksite for an official purpose, the employing bureau will pay the necessary travel costs, where consistent with applicable travel regulations and policies. To the extent practicable, anticipated travel expenses should be documented in the Action Memo and RWA (see 2381.6 paragraph h).
(2) Where it is anticipated that the employee’s locality pay in the alternate work site will be higher than that of the official duty station, and when the salary is bureau-funded, the anticipated expense must be documented in the Action Memo and RWA.
f. Remote workers remain subject to the Department's random drug testing policy as set forth 3 FAM 2110.
g. Remote workers must be treated the same as non-telework employees for purposes of periodic appraisals of job performance, training, awards, reassignment, promotions, changes in grade, work requirements, removal, approval of overtime work, and other acts involving managerial discretion. Remote workers must receive work requirements/commitments, progress reviews, and annual performance appraisals from their supervisors in accordance with applicable policy in 3 FAM 2820 (for Civil Service employees) and 3 FAM 2810 (for Foreign Service employees).
h. At a minimum, an RWA package should be reviewed by the employing bureau supervisor and remote worker, along with the Bureau Executive Director as final bureau approver, on an annual basis, or sooner if there is a material change in work circumstances (i.e., promotion, new supervisor), to ensure that it continues to meet the employee's needs and the business needs of the office, and that the eligibility criteria set forth in this subchapter continue to be met.
(1) The RWA approval package will consist of an Action Memo from the supervisor or Office Director to the Bureau Executive Director, the RWA template agreement, and the employee’s work requirements (if not already stated in the RWA agreement template.
i. As with all telework agreements, approved RWAs require the remote worker to adhere to basic Telework Terms and Conditions set forth in 3 FAM 2360 and the eTelework Agreement.
3 FAM 2381.7 Establishing a Remote Work Arrangement
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. A supervisor, with the approval of the bureau approver, who is generally the Executive Director (unless delegated to another bureau official), has the discretion to establish an RWA in accordance with this 3 FAM 2380 subchapter. An RWA may not exceed one year but may be renewed annually. RWAs are a workplace flexibility option that is available to supervisors and employees to meet personal, family, business/office, or reasonable accommodation needs. RWAs are intended to be evaluated annually and, if renewed, a new agreement signed on an annual basis.
b. To establish a Remote Work Arrangement, the requesting employee must:
(1) Discuss the request for an RWA with their supervisor. Other Department workplace flexibility options should also be considered to include leave options (e.g. extended LWOP, shared leave programs) and various alternative work schedules outlined in 3 FAM 2335 (Alternative Work Schedules). The employee should also be prepared to discuss the supervisor's expectations and the terms and conditions of any RWA.
(2) Submit a request for an RWA in writing. If the supervisor and bureau approver determine that an RWA would be beneficial, then they have the authority to approve and ensure compliance with this subchapter.
(3) The employee is required to attach the following additional documents to the RWA request that they submit to their supervisor:
(a) The employee’s Work Requirements Statement or Work Commitments (job requirements); and
(b) The employee's proposed remote work agreement. The request package should not include any medical information.
(4) Once submitted, the RWA must be formally approved (i.e., certified in the eTelework application/database) by the following individuals in the following order: the employee; the employee’s supervisor, with the bureau Telework Coordinator serving as a technical reviewer for completeness; and the employing bureau approver (usually the bureau Executive Director or designee) in consultation with the Office of Employee Relations (GTM/ER), who will confirm if the employee is eligible pursuant to 3 FAM 2381.5(d) (4-6) and if the RWA is in compliance with this subchapter.
(5) Where the proposed RWA will involve costs in excess of those that the bureau would normally incur if the employee worked at the regular worksite (e.g., costs for periodic travel between the remote worksite and the regular worksite), the proposed arrangement must state that the employing bureau will pay for any such expenses in accordance with 3 FAM 2366.3(c).
(6) The final step after the supervisor and bureau approver approve the RWA is for the employee to electronically submit the eTelework application in the system as a full-time core telework request, reflecting the remote work alternate worksite for Department reporting and data collection purposes. The arrangement may not start until the application is submitted electronically and approved in the system, or if applicable approved via hard copy (DS-4230 and DS-1963), and officially approved by the bureau approver. If submitted in hard copy, the employee must also complete the self-certifying Form DS-1963, Home Safety Checklist for Teleworkers found in 3-FAH-1 Exhibit H-2361.2(3).
(7) The employing bureau should consult as necessary with the bureau Telework Coordinator for policy guidance. The bureau Telework Coordinator will consult as necessary with the Office of Employee Relations’ Work/Life Division (GTM/ER/WLD) regarding the RWA request and/or implementation of the RWA. The bureau Telework Coordinator is also responsible for forwarding any proposed RWA to GTM/ER/WLD for clearance (RWA-Clearances@state.gov). GTM/ER/WLD will consult, as necessary, with the Office of the Legal Adviser for Employment Law (L/EMP).
3 FAM 2381.8 Terminating a Remote Work Arrangement
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. A supervisor may cancel, suspend, and/or modify an RWA by providing written justification and instructions to the employee based on the needs of the office at any time, including decisions to change position telework eligibility, with prior notification of at least two pay periods. Such written notifications are not discipline, and the decisions are not an alternative to or substitute for disciplinary action.
b. An employing bureau supervisor may cancel, suspend and/or modify an RWA due to performance or conduct issues with prior notification of at least two pay periods in accordance with Department Telework policy or allow the employee to continue as a remote worker while addressing performance or conduct issues in accordance with standard Department protocols.
3 FAM 2381.9 Renewing a Remote Work Arrangement
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
If a remote worker and their supervisor and bureau EX Director (or designee) wish to renew an RWA, they should follow the procedure listed in 3 FAM 2380.7 (Establishing a Remote Work Arrangement). Employees may reapply annually via the eTelework Online Database System. Both the employee and the supervisor must ensure eligibility requirements set forth in 3 FAM 2362.2 and 3 FAM 2381 continue to be met.
3 FAM 2381.10 Alternate Worksite Arrangements
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. If the RWA involves using office space at another domestic Department building/facility, the costs of doing so, if any, must be accounted for and established by the employing bureau in the RWA, and, as necessary, reviewed by the Office of the Legal Adviser. Any related financial arrangements must be defined and documented in the RWA or as an addendum; this information should include the specific alternate worksite, as well as equipment, if any, that the bureau is responsible for funding (e.g., phone, computer, wifi, copier use).
b. In exceptional cases when an RWA is contemplated for a position that requires access to and/or the handling of classified information or materials, the alternate worksite must be a Department location within a facility authorized to store or process classified information. In such cases, the employing bureau will need to document that required security standards are in place within the facility for classified information at the approved alternate worksite.
3 FAM 2381.11 Pay, Holidays, and Time & Attendance
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The basic rate of pay of a remote worker will be determined by the employee’s base pay rate and the applicable locality pay rate or special pay rate associated with the employee’s alternate worksite for their RWA as indicated on the SF-50.
b. Holidays: Remote workers are entitled to Federal holidays on the same basis as employees working from their regular worksites.
c. Weather and Safety Leave (WSL): Remote workers are generally not entitled to weather and safety leave, unless one of the following occurs:
(1) The employee is not able to telework safely at the alternate worksite (approved remote work/telework site) due to WSL conditions, see 3 FAM 3480, and before or at the start of the affected work day, they notify the supervisor and seeks approval for weather and safety leave;
(2) When local government offices in the locality pay area of the remote worker’s alternate worksite are closed, the remote worker must continue to work their regular duty hours unless WSL is appropriate because the employee cannot safely travel to or perform work at the alternate worksite (e.g., a weather-related event that causes a power outage in the teleworker’s location; a general state of emergency; other unusual or unanticipated impediments to telework) or request leave. If the alternate worksite is a Department facility and that facility is closed, the remote worker must work from another worksite approved by the employing bureau supervisor and documented in the RWA (e.g., employee's residence) or use annual leave, leave without pay, or previously earned compensatory time off. If the Department facility is closed and the employee cannot safely travel to or perform work at another approved alternate worksite, WSL may be appropriate.
(3) Remote workers are required to follow Department policies and procedures for requesting and using leave and relating to T&A and must regularly communicate with their employing bureau supervisors and timekeepers.
d. Each pay period, Department timekeepers should accurately report telework hours for employees on RWAs and consult with the supervisor/manager at the end of each pay period, as appropriate, for verification for purposes of submitting remote work hours for Regular Duty (RD) pay each pay period. Leave should be requested and approved in accordance with standard leave approval procedures, with leave hours accounted for and recorded in accordance with applicable policies and procedures.
e. When an employee begins an RWA, the employing bureau must process an SF-50 that reflects the effective start date of the arrangement, the employee’s new duty station (i.e., alternate worksite), and the associated change in locality pay. Executive Directors are not authorized to waive this change of duty station/official worksite requirement for an employee on an RWA.
f. Employees on RWAs may be eligible for premium pay in accordance with 3 FAM 3130. For additional information on eligibility and criteria for premium pay, please reference OTA SharePoint site.
3 FAM 2381.12 Travel/Training
(CT:PER-1056; 08-11-2021)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. The Department will generally not pay relocation expenses related to RWAs, such as expenses to relocate to an approved alternate worksite or to return to the regular worksite. In cases where a remote employee is offered a new position at the State Department that cannot be performed from an alternate worksite where filling that assignment with a particular employee meets a critical need of the State Department, the bureau may pay for the employee’s relocation expenses, where permitted by law.
b. Employees may be eligible for compensatory time for travel for any approved official travel between the alternate worksite and the regular worksite, in accordance with 3 FAM 3170.
c. Remote workers traveling on official business away from the alternate worksite are eligible for the same travel benefits that would have been available if travel commenced at the regular worksite.
d. Employing bureaus should, whenever possible, minimize official travel for remote workers. Alternate communication technologies, such as DVCs, conference calls, and other approved communications technologies, should be used to the greatest extent possible to minimize travel unless absolutely necessary.
e. OPM provides interactive telework training options for telework applicants and supervisors/managers that are also appropriate for remote workers. Completion of telework training is required annually to satisfy statutory mandatory telework training requirements.
f. All other required training and travel as determined by the supervisor (e.g., mandatory participation at meetings/conferences at the regular worksite) during the RWA is subject to normal training approval requests, applicable travel regulations, and bureau funding.
g. Foreign Service Officers on permanent change of station (PCS) travel orders (going from a domestic assignment to an overseas assignment) will have the official worksite for their position of record on their orders, not the alternate worksite for the RWA. Travel and associated shipments to another location will be on a cost-construct basis.
3 FAM 2381.13 Workers' Compensation
(CT:PER-1010; 08-21-2020)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
As is the case for any approved teleworker in accordance with 3 FAM 2360 (Telework), a remote worker may be eligible for workers' compensation benefits, as described in 3 FAM 3630, for work-related injuries or illnesses sustained while in the performance of duty under the Federal Employees' Compensation Act (FECA), which is administered by the U.S. Department of Labor’s Office of Workers’ Compensation Programs (OWCP).