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Editor's Note: Employers can amend or replace their existing telework policies to allow as many employees as possible to telework during the Coronavirus global pandemic. Employers that choose to do so should ensure that they remain in compliance with Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act, and all applicable federal, state, and local laws.
This policy replaces [Employer's] telework policy for the duration of the new Coronavirus global pandemic. All other policies remain in effect unless otherwise noted.
In order to stop the spread of the Coronavirus, employees are encouraged to telework until further notice.
[Employer] has the right to cancel or suspend employee telework arrangements at any time, for any reason, or for no reason. This policy does not entitle employees to telework after the World Health Organization determines the global pandemic has ended.
Employees who are eligible for telework have been notified by their managers.
Comment: Many employers place service, performance, or other eligibility requirements on telework eligibility. Employers can suspend those requirements during a global pandemic.
Employees are required to use [Employer]-issued or approved equipment for telework. If equipment fails, employees should notify their managers immediately.
[Employer] does not provide office furnishings—such as desks, chairs, file cabinets, and lighting—for employees who are teleworking.
Comment: Under the Fair Labor Standards Act, an employer is required to reimburse a non-exempt employee for office expenses if the cost of those office expenses would reduce the employee's hourly wage below the applicable minimum wage (COVID-19 or Other Public Health Emergencies and the Fair Labor Standards Act Questions and Answers). In addition, employers may be required to reimburse employees for some home office expenses under state law.
Employees must comply with [Employer's] data security policies and procedures while teleworking. Please see [Employer's] Data Security policy for more information.
Failure to follow security policies and procedures will result in discipline up to and including termination.
Reasonable accommodations are available for the known physical or mental limitations of qualified employees with disabilities. [Employer] is committed to providing accommodations so long as accommodations do not place an undue hardship on business operations or pose a threat to the health or safety of employees.
Employees who were receiving an accommodation before this policy became effective, and employees who need a new accommodation should review [Employer's] Disability Accommodation Policy and check in with their immediate manager or HR [provide phone number and email address].
Comment: The Americans with Disabilities Act still applies during a global pandemic and employers are still required to engage in the interactive process and provide accommodations when appropriate (EEOC's Pandemic Preparedness in the Workplace and the Americans with Disabilities Act). For more information about the interactive process, see ADA Reasonable Accommodation Interactive Process and Interactive Conversation with Employee.
While employees and supervisors can develop arrangements tailored to employee and departmental needs, employees are expected to meet the following requirements:
• Employees must carry out assigned duties, assignments, and other work obligations.
• Employees must be available to their supervisors and co-workers during work hours.
• Employees must be available to attend scheduled video meetings , conference calls and participate in other required office activities at the home office as needed.
[Employer] recognizes that employees may be unable to find child or elder care during the global pandemic. Employees should contact their managers if they have caregiving responsibilities that will affect their work schedule or ability to telework. [Employer] is committed to finding solutions, such as allowing flexible schedules and intermittent leave, for employees in such situations.