Telecommuting and Flexible Work Arrangements:

Do Them Right

By Robin Erickson

Flexible hours and working from home are benefits that many nonprofits want to implement, but are not sure how to do it fairly and in a way that acknowledges the value of having people in the office together. Robin Erickson, Director of Finance and Administration for an environmental organization, shares with us two documents that reflect her organization's thinking on these issues: one is a process for analyzing requests, and one is a sample document (reviewed by HR attorneys) for employees who work from home to sign.

Working from home and other alternative work arrangements are desirable for several reasons: flexible hours can help employees and their families; telecommuting can save time and expense and natural resources, and customized arrangements can help retain valuable employees. But it's also hard to manage such flexibility fairly and balance it with the benefits of proximity in mind. AtSave the Bay, [4]with a modest office workforce of 26, we knew we couldn't afford to universally approve every request, so we devised a process for evaluating requests.

First, supervisors complete the following questionnaire when they receive a request from an employee:

Alternative Work Arrangement Questionnaire for Supervisors

Supervisors should complete this form upon receiving a request.

Supervisor: Date:

Employee submitting request and title: ______

Description of request (for example, to telecommute on Fridays, to work four ten-hour days per week, to work from 11 am - 7:30 pm each day, etc.)

1. Position and impact to organization

  • Is the position compatible with the request? For example, administrative positions that support the rest of thestaff, provide a lot of customer service, or positions that entail limited time in the office becausethe work is performed regularly in the field don't lend themselves well to alternative work arrangements.
  • What will the impact be on the rest of staff, including supervisor, supervisor's supervisor, and other staff? For example, who will cover for the employee when they aren't available?
  • How strong is the impact? For example, working outside core hours one day a week is relatively low impact while telecommuting three days per week is relatively high.

2. Employee performance:

  • Has the employee proven him/herself dependable?
  • Has the employee proven him/herself capable of working independently?
  • Does the employee have a track record of meeting goals and achieving work plan outcomes?
  • How important is it for our organization to retain this employee?

3. Does the request create cause for concern that the position just isn't a good fit for the employee? For example, if the employee indicates that working 40 hrs a week is too much then a request for telecommuting isn't going to solve the problem.

4. Is the employee's home office equipped with the following: (For telecommuting requests only)

  • Broadband internet access
  • Computer with ability to access the organization's server and email
  • Printer
  • Phone
  • Ergonomically correct workstation furniture

5. What is your recommendation regarding this request?

Evaluating requests

Next, as the Director of Finance and Administration, I review the questionnaire and present my recommendation, along with the supervisor's, to our Executive Director, who makes the final decision on all employment agreements. If the request is approved, we memorialize that the arrangement will be granted on a 3-month trial period, at which time the supervisor and employee will evaluate whether it is a productive arrangement worth continuing. This step, along with all of our employees' annual reviews, includes confidential peer reviews to gauge the experience of co-workers.

If the approved request involves telecommuting, the employee signs an additional form. The one below is not exactly the same as the one we use at Save the Bay -- Blue Avocado's "Ask Rita in HR" attorneys have reviewed it and made some revisions to make it applicable to a wider array of organizations:

Telecommuting Agreement

1. Employee's name and title:______

2. Telecommuting Arrangement -- day(s) and times of the week:

3. The opportunity to telecommute on the day(s) and time(s) listed above has been provided to me by _____ Organization. The organization can revoke this privilege at any time, and employment at this organization is on an at-will basis. By signing below, I agree to:

A. Bear all costs related to the establishment and maintenance of my home workstation, including but not limited to:

  • Broadband internet access
  • Computer with ability to access the organization's server and email
  • Printer
  • Phone
  • Ergonomically correct furniture

B. Ensure that my home workstation is safe, secure, and free from distraction. Abide by all safety protocols set forth by the organization. To ensure that safe work conditions exist and that other policies are followed, I know that I must allow organizational representatives to inspect my designated workplace at any time during my regular working hours on any scheduled workday.

C. Be available by phone and email during the times agreed upon by me and my supervisor while telecommuting. Telecommuters who are overtime non-exempt employees must complete a daily time sheet, and either "log on" to their computer or call in to work at the beginning of the workday and "log out" or call in at the conclusion of the workday. A non-exempt telecommuter must also take and log his or her required breaks and must obtain pre-approval to work any overtime in accordance with our nonprofit's policy. Exempt telecommuters working overtime should make arrangements with their Managers for tracking the work they perform while telecommuting.

D. Check phone and email messages regularly while telecommuting, no less frequently than every two hours, unless I am attending an offsite meeting on behalf of the organization or have prior approval from my supervisor. In some instances staying on live chat with other employees will be desirable or required.

E. Agree that no third party visitor meetings will occur at the telecommute location. All meetings will occur at the organization's office or the other party's office or location.

F. Promptly return all organizational paper files taken home on telecommuting days and keep all confidential files in a secure location at my workstation while they are in my possession. Note: Personnel files are never to be taken offsite.

G. Follow all agency policies, including the policies for prevention and reporting of safety concerns and prohibited harassment. Agree that all agency policies (including our policy on proper use of electronic communications which allows employer access to all electronic communications) applies equally to communications made from a home computer.

Employee's signature and date: ______Date: ______

*************************************

1Note: How it's worked out for us

While many sources maintain that telecommuting saves companies money by decreasing office expenses, I cannot say that this is true for our organization because of our particular infrastructure; however, I do believe that it helps control turnover and therefore decreases employee recruitment and training costs.

And there's no doubt that it would be more convenient for our organization as a whole to have the entire staff present Monday-Friday, 9:00-5:30. However, as long as supervisors actively and regularly monitor the effectiveness of their employees'alternative work arrangements, it is definitely to the organization's advantage to have a satisfied workforce

Working from Home:

Sidebar on Legal Issues for Nonprofits

By Ellen Aldridge

This sidebar article accompaniesTelecommuting and Flexible Work Arrangements: Do Them Right

While we wholly agrees that alternative work arrangements are a great recruitment and retention tool for Nonprofits, compliance with employment laws cannot be ignored: out of sight should not mean out of mind. If you take the following guidelines into consideration when adopting alternative work arrangements for your staff, you'll stay on the right side of the law.

  • Accurately track time of non-exempt employees. Under state laws and the federal Fair Labor Standards Act, hours worked must be accurately tracked for employees who do not meet the requirements for exemption from those laws. To avoid these situations, many employers only allow exempt employees to telecommute. However, it is possible to allow telecommuting of non-exempt employees if certain safeguards are maintained:
  • Track hours worked for each day worked. If your state requires unpaid meal periods or breaks those should be tracked as well.
  • Have a mechanism for verifying hours worked, like requiring an email or phone call at the beginning and/or end of each work period.
  • Require any overtime to be authorized in writing, in advance. Tell non-exempt employees that they are not to work outside scheduled hours, and if you see an 11 p.m. work email, immediately inform the employee that this is not authorized and could jeopardize their telecommuting arrangement. Any time spent emailing or texting is considered work time and must be paid for non-exempt employees.
  • Ensure a safe workplace.OSHAsafety rules and regulations apply to all workplaces, including the home office. Take steps to ensure the employee maintains a safe workplace, including compliance with ergonomic standards. Ensure the employee complies with your anti-harassment policy and reports any violations. Do not allow business visitors access to telecommuting locations, and reserve the right to inspect the workspace to ensure there is compliance with agency policy. If an injury occurs to a telecommuting employee, follow the standard workers' compensation injury reporting procedures.
  • Ensure proper use of digital communication devices. All employers should have a policy regarding the proper use of communication devices to ensure that security, confidentiality and non-discrimination policies are followed. Employers should take steps to enforce these policies for telecommuters, including informing employees that per its policy the nonprofit may gain access to data stored on home computers. Specify if the employee has to install anti-virus software and establish clear security protocols for access to agency servers.

Information provided by Bristol Organizations1