General
Questions and answers
No. The decision whether to participate in an agency telework program, as described in the Telework Enhancement Act, is voluntary, and left to the employee (assuming he or she is eligible to telework). If an employee decides to enter into a telework agreement, however, his or her participation in an agency telework program may have consequences for subsequent work requirements. For example, pursuant to OPM regulations on weather and safety leave issued under the Administrative Leave Act, an employee who has entered into a telework agreement is generally required to work when there is a weather or safety event that prevents reporting to the regular workplace.
We note that there are other scenarios where an employee may be directed to work from a location other than his or her home office. Because these are not incident to the normal agency telework programs, we do not generally refer to these practices as “telework” within the meaning of the Telework Enhancement Act. For example, a catastrophic event that disrupts agency operations may result in the activation of an agency’s Continuity of Operations Plan (COOP), and direction to members of the COOP team to relocate to and work from an alternative location. In that case, the employee is working from an alternate workplace under the agency COOP, and not pursuant to the agency’s telework program. Nevertheless, involving more employees in telework and having them practice telework throughout the year is valuable preparation for a COOP event.
Similarly, in the event of a physical disaster or military event, an agency may order employees to evacuate and relocate pursuant to OPM regulations at 5 CFR 550.401-408. And in the event of a pandemic, an agency may order employees to evacuate to their homes pursuant to 5 CFR 550.409. As with the first example, such orders are undertaken pursuant to OPM regulations, not an agency telework program, and thus are not dependent upon an employee having entered into a telework agreement, but effective use of these authorities can be enhanced by involving more employees in telework and having them practice telework throughout the year.