3 FAM 7760
Locally Employed (le) STAFF TELEWORK
(CT:PER-1047; 06-24-2021)
(Office of Origin: GTM/OE)
3 FAM 7761 OVERVIEW
(CT:PER-1047; 06-24-2021)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)
a. Missions may establish a telework policy for Locally Employed (LE) Staff. The decision to implement a telework policy for LE Staff falls under Chief of Mission authority and applies uniformly to all agencies at post.
b. The Mission telework policy for LE Staff must be consistent with Department policy (3 FAM 2360) and local law. If local law requirements conflict with Department policy or provide benefits not already authorized in the Local Compensation Plan (LCP), the Mission must seek clearance from GTM/OE before implementing.
c. Telework is not an entitlement of employment, and the Mission retains discretion to determine whether telework is authorized at the Mission and whether individual employees are eligible to participate. If developing a telework policy for LE Staff, Mission management should work with local counsel to include language that reserves maximum flexibility for Mission management to make changes, as needed, to the Mission telework policy and individual telework agreements.
3 FAM 7762 IMPLEMENTATION OF MISSION TELEWORK POLICY FOR LE STAFF
(CT:PER-1047; 06-24-2021)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)
a. If establishing a Mission telework policy for LE Staff, Mission management must follow the Department's overall policies on telework developed by GTM/ER (see 3 FAM 2360) and work with relevant offices to address any issues related to remote access, information security, counterintelligence, and bandwidth, and ensure that there are proper safeguards in place for documents/information used or accessed from the telework site (see 12 FAM 620 and 12 FAH-10 H-174).
b. Prior to implementation, the Mission telework policy should be reviewed by Department-authorized local legal counsel to ensure that the policy and its implementation are consistent with local law. Mission management must work with GTM/OE to resolve any conflicts between local law and Department policy.
c. The Mission’s telework policy for LE Staff must be cleared with the regional bureau’s executive office and all agencies at the Mission. It must then be published in the LE Staff Handbook.
d. Telework arrangements as an accommodation for a disability should be reviewed as follows: for U.S. citizen LE Staff, Mission management must follow 3 FAM 2361.3. For non-U.S. citizen LE Staff, Mission management should follow procedures consistent with local law and, as needed, should consult with local counsel and GTM/OE.
3 FAM 7763 LE STAFF TELEWORK ELIGIBILITY
(CT:PER-1047; 06-24-2021)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)
a. LE Staff may be eligible to telework if the Mission has a telework policy in place; the employee encumbers a telework eligible position, i.e., functions of the position may be performed remotely; and the employee has a signed telework agreement in place certifying that they have a safe alternate work site and the necessary technology to work remotely. All telework requests will be decided on a case-by-case basis.
b. In determining whether a position is telework eligible and whether an employee in a telework eligible position should be authorized to telework, Mission management should consider the factors set forth in 3 FAM 2362.2(c). For employees under Merit Based Compensation (MBC), the employee is not eligible if their most recent Employee Performance Review (EPR) has a Total Performance Score (TPS) of less than 100 points. For employees under Within-Grade Increase (WGI), the employee is not eligible if their most recent EPR resulted in implementation of a performance-improvement plan (PIP). Even if an employee meets performance rating eligibility under the MBC or WGI standards above, telework may not be appropriate based on the other considerations set forth in 3 FAM 2362.2(c). Telework arrangements must be based on the employee's work performance, position duties, and mission needs, not on other personal circumstances. In all cases, the programmatic requirements of the office are a major factor in approving telework arrangements.
d. Mission management must ensure that employees eligible to telework successfully complete mandatory telework training available through the Office of Personnel Management (OPM) (www.telework.gov) before applying for a telework agreement and, thereafter, at least once each year, e.g., upon renewal of the agreement. If necessary, Mission management should print hard copies of the training and provide translated versions of the training. Managers who are supervising teleworkers must successfully complete the telework training for managers at least once each year.
e. Mission management should consult GTM/OE’s intranet site for the latest telework agreement template. Telework agreements must be reviewed, at a minimum, on a yearly basis and whenever there has been a material change in the working conditions (i.e., change in supervisor, substantive change in portfolio) to ensure that telework is still meeting the requirements of the Mission.
3 FAM 7764 LE STAFF ALTERNATE WORK SITE AND SECURITY
(CT:PER-1047; 06-24-2021)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)
a. Generally, the alternative work site, which is usually the employee's home, must be in the country of employment and should be within a reasonable commuting distance of the official work site. Any exceptions, including requests by U.S. citizen/Legal Permanent Resident (LPR) LE Staff to telework from the United States, must be reviewed by GTM/OE prior to approval of the telework.
b. The alternate work site must be a safe and adequate place to work. Department policy requires completion of the Department's/OPM's Home Safety checklist (DS-1963). Mission management should review this form and, based on the responses provided, make its best determination if the alternative worksite provides a safe and adequate place for the employee to work. Mission management must consult with GTM/OE if local law requirements do not align with Department policy with respect to the designation and certification of the alternate worksite.
c. Employees are not permitted to telework with classified information at the telework site and must comply with current information security standards for remote operations from private residences. Agency security policies are the same when employees telework as when they are in the office and are enforced at the same rigorous level. Employees who telework from home need to keep U.S. Government property and information safe, secure, and separated from their personal property and information (See 12 FAM 620 and 5 FAM 840).
3 FAM 7765 SUPERVISOR RESPONSIBILITIES
(CT:PER-1047; 06-24-2021)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)
a. Teleworkers and non-teleworkers must be treated the same for purposes of periodic appraisals of job performance, training, rewarding, approving leave, setting work requirements, performance management, discipline, recommending separation, and other managerial actions.
b. 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.
3 FAM 7766 WORK SCHEDULES, EQUIPMENT, AND COSTS
(CT:PER-1047; 06-24-2021)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)
a. LE Staff approved for telework should maintain the same work schedule that would apply if physically reporting for duty at their regular work site. Telework is not a substitute for child, elder, or dependent care or for personal appointments (e.g., home maintenance appointments). Employees must not use duty time for any purpose other than official duties and must make other arrangements for care of others while teleworking. Employees must request leave for time spent performing care or personal responsibilities during regular duty hours.
b. Supervisors who contact LE Staff after hours or request that work be completed outside of the LE Staff members’ regular work schedule must be mindful of local law and Mission policies on overtime work. LE Staff must be properly compensated for work outside of their regular work schedule. All premium pay categories (overtime, night differential, weekend/holiday pay) defined by the Mission's local compensation plan (LCP) apply to teleworkers.
b. At its sole discretion and only as needed, the Embassy or employing agency, as applicable, may issue a mobile device/soft token to teleworkers, and it is the teleworker’s responsibility to work with IT to learn how to use issued devices and successfully connect to OpenNet. Generally, the Department/Mission does not have an obligation to provide employees with additional equipment. However, Mission management and the regional bureau have the discretion to provide employees with equipment (e.g., computers, phones, etc.) if they have the resources available and believe they can appropriately manage the distribution and accounting of those resources.
c. If local law requires an employer to cover/reimburse telework expenses, including, for example, internet costs or equipment such as phones or computers, Mission management must receive authorization from GTM/OE to add this benefit to the Mission’s LCP prior to providing this benefit. Mission management may consider such local laws and subsequent costs when considering establishing a telework policy.
3 FAM 7767 CANCELLATION OR MODIFICATION OF TELEWORK
(CT:PER-1047; 06-24-2021)
(State and All Agencies under COM Authority)
(Applies to Locally Employed Staff Only)
a. The decision to terminate the Mission’s LE Staff telework policy, with appropriate notice and as consistent with local law, falls under Chief of Mission authority.
b. Supervisors may cancel, suspend, or modify a telework agreement, with appropriate written notice and justification and as consistent with local law if Mission management determines that a position should no longer be telework eligible or if an employee no longer meets the criteria for telework eligibility.
c. An employee may cancel the telework agreement at any time with prior notification of at least 10 workdays or as otherwise consistent with local law. An employee may request an adjustment of their telework arrangement by providing a written justification to their supervisor for consideration.
d. The Mission’s LE Staff telework policy should specify any obligations and procedures for the return of government furnished items or the reimbursement of costs associated with telework (e.g., mobile device, phone) upon cancellation of the telework agreement.
3 FAM 7768 THROUGH 7769 UNASSIGNED