What Are the Highlights of the Act?

The Telework Enhancement Act of 2010 is a key factor in the Federal Government's ability to achieve greater flexibility in managing its workforce through the use of telework. Well-established and implemented telework programs provide agencies a valuable tool to meet mission objectives while helping employees enhance work/life effectiveness. The signing of this law was the culmination of years of legislative activity to advance Federal telework. Here are several highlights of the Act and its provisions, at a glance:

• Signed into law by President Barack Obama on December 9, 2010
• Applies to all Federal Executive agencies
• Provides a framework for Federal agencies to better leverage technology and maximize the use of telework
• Will help agencies recruit new Federal workers; help retain valuable talent; improve the ability of the Federal Government to maintain Continuity of Operations (COOP) to keep Government operational during National security incidents, natural disasters, or other emergencies; and enhance the ability of Federal employees to better manage their work and family obligations
• Requires each agency to establish a policy under which eligible employees can telework
• Directs agencies to designate a Telework Managing Officer (TMO)
• The TMO is responsible for policy development and implementation related to telework programs; serves as an advisor to agency leadership on telework matters; is a resource for managers and employees on telework; and is the primary agency point of contact with the Office of Personnel Management on telework matters
• Generally, requires agencies to provide interactive telework training to eligible employees and their managers and requires employees to complete the training prior to signing a telework agreement
• Outlines responsibilities and expectations for policy guidance, reporting and monitoring of telework
• Not later than 180 days from enactment (June 7, 2011), the Act requires agencies to:
  • Establish a policy authorizing eligible employees to telework
  • Determine eligibility for all of its employees to telework
  • Notify all agency employees of their eligibility to telework
• Requires a written telework agreement between the employee and manager, regardless of whether telework is routine (i.e., regularly scheduled and recurring), or situational, episodic such as ad-hoc telework for special projects or unscheduled telework when Federal offices are closed due to inclement weather
• Requires agencies to provide an interactive telework training program to eligible employees and their managers and requires employees to complete the training prior to signing a telework agreement (the head of the agency may make an exception for employees with existing agreements who have been teleworking)
• Requires every Executive agency to incorporate telework into their Continuity of Operations (COOP) plans
• Provides for agency consultation with various agencies for guidance and support including the Office of Personnel Management (OPM), General Services Administration (GSA), Office of Management and Budget (OMB), the Department of Homeland Security (DHS), including the Federal Emergency Management Agency (FEMA), National Archives and Records Administration (NARA), and the National Institute of Standards and Technology (NIST)
• Requires every Executive agency to work in coordination/consultation with OPM to satisfy mandatory data collection and reporting requirements beginning with the first report to Congress not later than 18 months from enactment (June 2012) and on an annual basis thereafter
• Requires OPM to maintain a central telework website that includes specific information/guidance as described in the Act, including coordinated links to information provided by GSA and FEMA
• Requires OMB to issue guidelines by June 7, 2011 (180 days), to ensure the adequacy of information and security protections for information and information systems used while teleworking; also requires OMB to issue policy guidance by April 8, 2011 (120 days from enactment) on purchasing computer systems that enable and support telework