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Run: Telecommuting Agreement Policy

A Telecommuting Agreement Policy template that sets clear remote-work expectations for hours, equipment, expenses, confidentiality, and review. Use it to doc...

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Purpose

This policy establishes the standards, approval process, and ongoing expectations for telecommuting and remote work arrangements. It is intended to support business continuity, productivity, information security, and consistent treatment of employees while maintaining compliance with applicable wage and hour, anti-discrimination, leave, and privacy laws.

Scope

This policy applies to all employees, interns, and temporary workers approved to work remotely, whether full-time, part-time, hybrid, or on an occasional basis. It does not create a right to telecommute. The company may approve, modify, suspend, or terminate telecommuting arrangements at its discretion, subject to applicable law and any approved reasonable accommodation under the ADA interactive process. **California employees:** expense reimbursement must be handled consistent with California Labor Code section 2802. **Illinois employees:** meal and rest break requirements must be observed, including the Illinois One Day Rest in Seven Act where applicable. **Washington employees:** paid sick leave requirements apply under Washington law. **New York employees:** whistleblower protections under NY Labor Law section 740 prohibit retaliation for protected reporting.

Definitions

For purposes of this policy: - **Telecommuting / Remote work** means performing job duties from an approved off-site location. - **Work hours** means the scheduled hours during which the employee must be working and reachable. - **Company equipment** means hardware, software, accounts, and other tools owned or licensed by the company. - **Confidential information** means non-public business, employee, customer, financial, or technical information. - **PIP** means a performance improvement plan used to address documented performance concerns.

Policy Statement

Approved telecommuting employees must maintain the same level of professionalism, responsiveness, productivity, and confidentiality expected at the company worksite. Remote work does not change an employee's exempt or non-exempt status under the FLSA, and non-exempt employees must accurately record all hours worked, including overtime, meal periods, and any off-the-clock work. Managers must not discourage reporting of all hours worked or require work outside recorded time. The company will not deny telecommuting opportunities on the basis of race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, or any other protected characteristic under Title VII, the ADA, the ADEA, or applicable state or local law. Requests for telecommuting as a disability-related accommodation will be evaluated through the ADA interactive process based on the employee's essential functions and business needs.

Procedure

1. **Request and approval**: Employees must submit a telecommuting request describing the work location, schedule, duties to be performed remotely, and any equipment or access needs. The policy holder and manager will review whether the employee can perform essential functions remotely, whether customer or team coverage will be affected, and whether any security or compliance controls are required. 2. **Work hours and availability**: Employees must work the approved schedule and remain reachable during core business hours unless otherwise authorized. Non-exempt employees must obtain approval before working overtime and must record all time worked in the timekeeping system. 3. **Equipment and systems use**: Employees must use company-approved devices, software, and secure connections when accessing company systems. Personal devices may be used only if authorized under the company's acceptable use and security policies. Employees must protect devices from unauthorized access and immediately report loss, theft, or suspected compromise. 4. **Expense handling**: Reimbursable telecommuting expenses, if any, must be pre-approved and submitted with receipts according to the company's expense policy. The company may reimburse business expenses required by law or approved in advance, including certain internet, phone, or office supply costs where applicable. 5. **Confidentiality and data protection**: Employees must prevent unauthorized viewing, printing, copying, or disclosure of confidential information. Work must be performed in a private area when reasonably possible, and paper records must be secured when not in use. Employees must comply with company data retention, privacy, and incident reporting requirements, including any GDPR or CCPA obligations where applicable. 6. **Communication and performance**: Employees must attend required meetings, respond to messages within expected timeframes, and meet performance standards. Failure to maintain productivity, availability, or communication standards may result in coaching, a documented warning, a PIP, suspension of telecommuting privileges, or other discipline. 7. **Safety and workspace**: Employees are responsible for maintaining a safe, ergonomic, and distraction-minimized workspace. Any work-related injury or unsafe condition occurring during approved work hours must be reported promptly under the company's incident reporting procedures. 8. **Periodic review**: Telecommuting arrangements will be reviewed at least annually, and sooner if job duties, performance, business needs, security requirements, or legal obligations change.

Roles & Responsibilities

- **Employee**: follow approved work hours, accurately record time, protect company property and confidential information, maintain a safe workspace, and promptly report issues. - **Manager**: evaluate eligibility, set performance expectations, monitor output and communication, approve overtime for non-exempt employees, and document concerns. - **HR / Policy holder**: maintain the policy, coordinate the approval and review process, and ensure compliance with EEOC, FLSA, ADA, FMLA, and applicable state requirements. - **IT / Security**: configure secure access, enforce device and data protection controls, and respond to security incidents. - **Finance / Payroll**: process approved reimbursements and ensure timekeeping and wage payments comply with wage and hour laws.

Compliance and Discipline

Violations of this policy, including failure to record time accurately, unauthorized overtime, misuse of equipment, disclosure of confidential information, or repeated unavailability, may result in corrective action up to and including termination of employment and/or revocation of telecommuting privileges. Discipline will be applied in a good-faith, non-discriminatory manner consistent with company policy and applicable law. Nothing in this policy limits employees' rights under the NLRA to engage in protected concerted activity, or their rights under FMLA, ADA, Title VII, or other applicable laws.

Exceptions

Exceptions to this policy must be approved in writing by HR and the employee's manager, unless an exception is required by law. Any ADA-related request for remote work or modified telecommuting terms will be handled through the interactive process and documented separately. State-specific requirements will control where they provide greater employee protections or reimbursement obligations.

Review and Revision

This policy will be reviewed annually, and updates may be made sooner to reflect operational changes, legal developments, security requirements, or lessons learned from periodic audits. Revisions must be approved by HR and leadership before implementation. Employees will be notified of material changes and may be required to re-acknowledge the policy.

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