General

After determining telework eligibility for all current employees, agencies should make any ongoing determinations of telework eligibility based on job functions, and not managerial preference per se. Agencies should make an appropriate telework eligibility determination for each new employee or position (and re-assess any previous determinations that an employee is ineligible), in accordance with the agency policy, taking into account the limitations established in 5 U.S.C. 6502(a) and (b), and otherwise using equitable, function-based criteria. Agencies should similarly apply equitable, function-based criteria to determine the number of days an employee may telework. In making these determinations, agencies should apply the following factors:

1. Determine telework eligibility for all new employees
2. In general, treat employees performing similar functions similarly
3. Assess workforce data on an ongoing basis to ensure that telework eligibility determinations are being made in accordance with agency policy and applicable law, fairly and equitably, and in a manner that effectively meets the agency's mission needs.