Flexiplace Policy
Are there really different rules depending on whether or not an employee is in the bargaining unit?
Yes. The National Treasury Employees Union (NTEU) negotiated specific provisions for the employees covered by the Collective Bargaining Agreement. The Flexiplace Handbook distinguishes the differences in application by indicating provisions for bargaining unit employees in bold type face and non-bargaining unit employees in italics. A copy of the recently negotiated Article 47 (from the upcoming Collective Bargaining Agreement) is provided as an Appendix to the Flexiplace Handbook. If you don’t know if you are a bargaining-unit employee or a non-bargaining unit employee, check with your Rating Official or your administrative officer.
How does the agency save money if employees only use flexiplace one day per pay period?
The agency realizes several benefits by having employees use flexiplace. However, many of these savings may occur in the long term. As employees and the agency become more proficient at working in remote sites, it is likely that the agency will begin to reduce space allocations per employee, perhaps providing for office sharing between flexiplace participants, which will result in significant energy savings associated with building occupancy. In the short term, even with only one day’s flexiplace per employee per pay period, the agency can save money by the decrease in sick leave usage, as demonstrated by the recent NTEU/Headquarters flexiplace pilot.
Applying for Flexiplace
Is there a time "window" for submitting flexiplace applications?
No. Flexiplace is an ongoing program. Applications can be submitted at anytime. All requests will be acted upon within five (5) days of receipt, unless such action is not possible due the Reviewing Official’s travel, illness etc. (Management and NTEU must agree on an extension in cases where a request is being reviewed for a bargaining unit employee.) The reason for the delay and the revised response date will be transmitted by the Rating Official. If management is unable to make a decision within five days, the Reviewing Official will notify the employee of the need for more time to review the request.
No. Everyone has the opportunity to apply. It is the employee’s responsibility to identify the tasks he can accomplish on a flexiplace arrangement. While some positions are not well suited for flexiplace, encourage the employee to review the requirements of his job and assess his suitability for flexiplace when completing the application. He might be able to cluster some of his administrative functions and perform those duties at an alternate worksite. On the other hand, going through the application process of identifying tasks might convince the employee that his tasks are not well suited for flexiplace.
Possibly. Your organization is responsible for paying a fee for each employee who uses a telecommuting center. Compared to the cost of an employee who receives surplus equipment or already has his/her own equipment at home, the cost of telecommuting centers may become a burdensome expense for your organization. If it comes down to expenses, your organization might say "no" to working at a telecenter and "yes" to working at home.
No. As a first attempt to resolve such a dispute, the employees may be asked if one of them would want to flex on an another day. Although personal saving is desirable, agency savings and fairness are more important. Otherwise, Headquarters has established a "tie breaking" mechanism which will be used to solve participation "disputes." Consideration will be given to the following attributes, in the order provided: grade, time in grade, time at DOE, service computation date. Please note that employees who apply for flexiplace at a future date, even if more senior, may not "bump" flexiplace participants. If a more senior employee is newly assigned to a work group or is promoted from within, the existing flexiplace schedules of less senior staff in the work group will not be altered to accommodate the more senior employee’s preference.
First, if your Rating/Reviewing Officials haven’t explained their reasons for the decision, ask about it. It could be that there are many flexiplace applicants at this time; your Reviewing Official would like for everyone to participate in flexiplace but feels the need to proceed slowly and see how it works. He or she may try out flexiplace on a situational basis for special projects;
if that works -- that is, if performance is maintained and there is adequate response to unexpected "urgencies" -- then the Reviewing Official will be encouraged to work with you to place you on "regular" flexiplace. Patience and flexibility are going to be required on both sides!
If you are not satisfied with the results of the discussion with your Rating/Reviewing Officials, and you believe that the flexiplace policies and rules were not followed correctly, you may follow the grievance procedure as outlined in the Handbook.
Can I be required to give my Rating Official my home phone number in order to work flexiplace?
Yes, if you name your home as your flexiplace site. Remember, employees must be available at their flexiplace worksites during their normal tour of duty, with the exception of the lunch break. Providing a home phone number is an employee responsibility necessary to make flexiplace work.
Flexiplace applicants must complete the safety guideline checklist attached to Appendix B of the Flexiplace Handbook. If the safety checklist is not completed and signed by the employee, the Rating Official may defer signing and putting the agreement in place until the employee has certified that the alternative workplace is safe and free of hazardous materials.
Medical flexiplace is designed for a case such as yours if you can document the personal (or family) medical condition. Once you have submitted a complete application and been approved for medical flexiplace, you can work part of your duty time and be on leave part of your duty time. The duty hours during which you cannot work can be charged to sick, annual or leave without pay (LWOP.) You may also be eligible to participate in the Voluntary Leave Transfer Program. There is a separate application process for that program.
Working on Flexiplace
Possibly. Your flexiplace application has been approved based on the specific information you provided. You will need to discuss your desire to change your flexiplace worksite with your Rating and Reviewing Officials. In this case, you would have to discuss travel time as it relates to your ability to work during your tour of duty at the worksite and/or your ability to return to the work site if you were called back. Remember, you are subject to being called into the office during a flexiplace day. If you are unable to comply with a direction to return to the office due to circumstances within your control (such as selecting an alternate location that is not within a reasonable commuting distance), you might be notified that your flexiplace will be discontinued due to your inability to meet the demands of your work.
No. Management has the right to assign work. An employee who refuses to perform any task directed by the supervisor is considered insubordinate and could be subject to discipline. However, if an employee perceives that a flexiplace participant’s work is being piled on him/her (simply because the employee is there), the employee should discuss this concern with the Rating Official. If the Rating Official does not resolve the concern to the employee’s satisfaction, then the employee should discuss it with the Reviewing Official.
Flexiplace may not adversely affect those who are at the duty site (either because they have not chosen to participate in flexiplace or because they are working flexiplace on a different day or under a different arrangement). Good communications between flexiplace participants and between the participants and their line of supervision is vital if flexiplace is going to succeed. Employees participating in flexiplace should not leave work undone or unaccounted for at the office; neither should Rating Officials save up work for employees on flexiplace or distribute work inappropriately among employees who are present at the work site.
Is my flexiplace work evaluated differently than my regular work?
No. Flexiplace is simply a change in the location in which the employee performs the work. All work will be evaluated against your performance plan.
There is no set notice requirement but since the flexiplace program is designed to save transportation costs, it is reasonable to assume that the rating official would give the employee instruction to work at the employee’s duty station one day in advance at the minimum–of course, more notice is preferable. In true emergencies, the rating official could direct the employee to the duty site on the same day – this is a management right (as is directing an employee who is on annual leave back to work) but that right should be used carefully and with full explanation. Since the rating official’s notice to return to the work place and forego flexiplace is an "order," the employee must not disregard or disobey this instruction. A manager may count the transit time (between the alternate site and the office) spent during the work day as administrative leave – 060 – because the manager is not giving the employee precise work instructions; in no event should the employee’s work day be lengthened because of the manager’s directions. Further, in order to minimize the use of administrative leave and to accomplish needed work, it would be appropriate for the employee to remain at the office for the remainder of the day rather than return to the alternate site during time that would otherwise be spent on duty.
Talk to your supervisor and let him/her make the call. If he/she really needs the project to be completed he/she will direct you to work overtime. If not, he/she may simply extend the deadline so that you can complete the project upon your return to the worksite the following day. If you choose to work past your duty time and are not directed to do so, you may not be paid for the time (unless you are covered by the Fair Labor Standards Act) and you may affect your flexiplace participation by adding to the costs of the program.
No. The same trust that you have in your employees should be demonstrated regardless of whether they are working in the office, at home, a telecenter or on travel. Remember, employees’ performance will be measured by work products, not how long their computer is turned on.
Can I use my lunch break to run errands, attend doctor’s appointments etc. while working at home?
You can use your lunch break as you see fit, just as you do at the worksite. However, any absences from your home worksite which exceed your normal lunch break will require you to request leave to cover them. You should schedule your leave accordingly if you are unable to
work or are away from your home office at any time other than your lunch break. If you have an unexpected emergency, requiring that you take emergency (sick, annual, LWOP) leave, you should notify your leave-approving official immediately.
Possibly. All employees, whether working at an alternate site or at their official duty station, are responsible for following the leave requesting procedures of the office. Make sure you and your leave approving official are clear on leave requesting procedures before you start working off-site. Some offices allow an employee to leave a message for the leave approving official and others require the employee to talk with the official or another management official. If you are allowed to leave a message, be aware that this does not automatically mean that your request is approved. While often a leave approving official will approve leave when an employee leaves a message, the official also has the authority to disapprove the request if he/she feels that the employee’s services are needed or that the employee is abusing leave. The best approach in an unscheduled situation is to talk to your leave approving official and receive permission at that time to take the leave.
If my flexiplace day falls on a Federal holiday, do I get another flexiplace day?
No. You do not get an alternate day as you do with AWS. Like any other holiday that falls, or is observed on a work day, you get the day off with pay.
Generally not. Normally, a flexiplace day on a "regular" schedule may only be taken as listed in an approved Flexiplace Agreement. If you’re on "situational" flexiplace, you might not have the appropriate materials to work at home. If you’ve not been on flexiplace at all because you aren’t approved for it, you’re not eligible to participate on an "instant" basis. As with any issue that might affect your flexiplace arrangement, talk to your supervisor and let him/her make the call.
Yes. However, you are expected to use the same discretion in purchases as you would when buying materials at the office. Since supplies are charged back to your organization through the working capital fund, purchases are monitored by the administrative office. Be advised that frivolous or inflated purchasing is subject to investigation and, possibly, disciplinary action.
What do I do if my government issued equipment malfunctions while I’m working at home?
You are responsible for ensuring that you have the necessary equipment to perform the tasks outlined in your Flexiplace agreement. Therefore, if your equipment malfunctions, you must follow your element’s instructions regarding repair; for example, you may have to bring it back to the worksite to have your IT folks service it. If you cannot perform your tasks without the use of your equipment, you will need to talk to your Rating Official; he/she may advise you to return to the office, and resume working at home once your computer repairs have been completed. If your equipment malfunctions late in the day, the Rating Official may offer you the option of taking leave for the remainder of the day.
Am I responsible for the damage, loss, or theft of government issued equipment?
Yes. You are responsible. It is recommended that you review your homeowner’s/renter’s insurance policy to ensure that the property in your care is protected.
Staying on Flexiplace
Is my approved flexiplace arrangement a permanent entitlement?
No. Remember, flexiplace is not an entitlement. Barring unforeseen problems (e.g., documented decline in performance, conduct issues, changes in organizational responsibilities), the flexiplace agreement for regular flexiplace would be reviewed at each progress review and then recertified during the annual performance evaluation period. The duration of individual situational arrangements and medical flexiplace agreements depend on the duration of the event (i.e., project or illness) warranting them.
No. Flexiplace determinations are made by the Reviewing Official. If the Reviewing Official determines that you should no longer participate in flexiplace, he/she will notify you at such time, give you reasons in writing and give you grievance rights.