On June 3, 2021, the State Human Resources Commission approved a comprehensive update of the statewide Teleworking Program Policy.
The following Frequently Asked Questions (FAQs) address general topics of interest to employees who will be returning to their assigned duty station or whose agency may be implementing a Teleworking Program pilot through December 31, 2021.
Why is the Teleworking Program Policy being updated?
The State of North Carolina is committed to offering innovative workplace flexibilities. This policy permits agencies to designate employees to work at alternate work locations for all or part of the workweek to promote general work efficiencies, enhance competitive recruitment and retention advantages compared with other employers, improve utilization of state facilities, and meet environmental challenges.
How was the new Teleworking Program Policy developed?
The Office of State Human Resources (OSHR) initiated a collaborative process to update the former policy. OSHR convened a diverse working group and incorporated feedback from Executive Leadership and Human Resources Directors at Cabinet and Non-Cabinet Agencies, as well as the UNC System, to update the Teleworking Program Policy to help agencies that implement an agency teleworking program develop it in a fair and equitable process.
Are all state employees eligible to participate in their agency or university teleworking program?
All full-time and part-time permanent, probationary, temporary and time-limited employees may be eligible to participate in this program if the employee’s work is deemed by the agency or university as suitable for teleworking and the teleworking arrangement is to the benefit of the agency or university.
The decision whether to allow an employee to participate full-time or part-time in a teleworking program is solely at the discretion of management. Please refer to the policy (https://oshr.nc.gov/policies/employment-records/teleworking-program-policy) for more information.
Will I have to sign a written agreement with my employer to set out the terms of my teleworking arrangement?
Yes. Prior to beginning to telework, a Teleworking Agreement must be signed by you, your manager, and other members of management designated by the agency or university. You must also complete and sign your agency/university’s Alternate Work Location Safety Attestation and ensure it has been reviewed and signed by your manager.
The agency or university may terminate or modify the Teleworking Agreement at its discretion within the timeframe provided by the agency or university. You may also request in writing to end your Teleworking Agreement. Any modification or termination of Teleworking Agreements shall be in writing. Management’s approval of any change(s) may be dependent on factors affecting continued business operations.
Can I appeal or grieve a decision by my agency or university that I am ineligible for telework, or if my Teleworking Agreement is discontinued?
No. Teleworking is not a universal employee benefit or entitlement. Termination or modification of a teleworking agreement by management is not a grievable issue unless the basis of the grievance is consistent with a grievable issue identified in the State Human Resources Employee Grievance Policy.
If an employee has a qualifying disability, can they be considered for teleworking as a reasonable accommodation under the Americans with Disabilities Act (ADA)?
Under the Teleworking Program Policy, employees may be eligible to participate in teleworking regardless whether or not they have disabilities. An employee may also contact the employer to request a reasonable accommodation under the ADA. Any request will go through the interactive process consistent with the statewide Reasonable Accommodation Policy. Depending on the facts and circumstances, even if teleworking is requested as an accommodation, another reasonable accommodation may be appropriate, such as modifying the onsite workstation, moving employees’ desks, requiring face coverings, constructing Plexiglas barriers, or providing personal protective equipment (PPE).
What is the difference between full-time and part-time telework?
Agencies and universities may allow employees to work from an alternate work location on all workdays or allow hybrid telework arrangements in which an employee works from an alternate work location less than full-time but on a recurring schedule. In both examples, employees occasionally will be expected to report to a physical location for meetings, training or other onsite duties, or as directed by a manager.
What is a field/home-based employee?
Field/home-based employees are required by the agency or university to work outside the agency or university worksite based on the service they provide or the nature of work. The work of field/home-based employees is mostly performed by traveling to various locations, within a region or working from home.
If I am approved for telework, do I still need to attend onsite meetings, training or other activities?
Yes, if directed by your manager. In addition to being available for virtual meetings or calls, there may be times when a teleworking employee is expected to be onsite due to agency or university business needs.
Will I be subject to the same performance evaluation standards as employees who are working onsite if I continue to telework?
Yes. Agency and university managers will continue to evaluate employee performance in accordance with agreed upon work plans and assignments. Teleworking employees may be expected to provide documentation to describe their workday and work products, in accordance with their Teleworking Agreement.
If I transfer to another position, or there is a change in the manager I report to, will my Teleworking Agreement still apply?
No. If an employee transfers to another position or changes reporting relationships, any Teleworking Agreement between the previous manager and employee does not carry forward. The employee is not guaranteed eligibility for telework in the new position or when assigned to another manager. Each employee must sign a new Teleworking Agreement that contains the terms of the teleworking arrangement.
Are there rules that apply to the safety of my agreed upon alternate work location, such as a workspace within my home?
Yes. An employee will sign an attestation annually that their alternate work location utilizes furniture, equipment, and other materials supplied by the employee, agency or university that is in compliance with established safety requirements, is free from hazards, and is ergonomically appropriate. The employee shall follow usual agency or university procedures for immediate reporting of work-related illness or injury occurring at the alternate work location.
I work with confidential or restricted materials as part of my work responsibilities. Do I need to take any special steps to protect such information while teleworking?
Yes. The security, confidentiality and integrity of agency/university records and information must be protected at all times when teleworking and comply with all information security requirements that would apply at the duty station. Teleworkers must receive written authorization from managers and shall agree to follow agency/university-approved security procedures to ensure confidentiality and security of data.
Do I still need to work at my alternate worksite if there is an event that leads my agency or university to direct onsite employees to leave or not report to their duty station due to an Adverse Weather event or Emergency Closing?
Non-Emergency employees who have the capability to telework and are scheduled to report to their onsite duty station but are unable to do so due to adverse weather or office closure will be expected to telework to the extent possible. Non-Emergency employees who have the capability to telework but do not during an adverse weather event or emergency closing shall account for lost time in accordance with the Adverse Weather or Emergency Closing policy.
Will my agency authorize teleworking for employees under the Teleworking Program Policy?
The updated statewide Teleworking Program Policy allows agencies and universities the ability to establish a Teleworking Program pilot through December 31, 2021. If your agency implements a Teleworking Program pilot, it will incorporate elements from the Teleworking Program Policy when establishing its teleworking program.
Will telework be available to new hires?
Agencies may require a period of time for new employees to work onsite before participating in a teleworking program.
Updated June 18, 2021