Work From Home

It is often helpful to address whether employees are allowed to work somewhere besides your organization’s office. Working from home can be a mutually beneficial arrangement for an organization and its employees. This arrangement, sometimes called telecommuting, also can pose unique risks. Creating a written policy to govern telecommuting arrangements can help prevent liability and promote productivity.

Telecommuting policies typically address performance expectations and eligibility for remote work. They also attempt to address potential legal issues. For example, an employee injured at home may be covered by your organization’s workers’ compensation insurance, since remote workers are generally covered by the same protections afforded to in office workers. It is usually prudent to require the employee’s workplace to be safe and free from hazards. Moreover, non-exempt employees may claim that they worked extra hours and are entitled to overtime pay, so it is often wise to require these employees to track all hours worked and receive approval before working extra hours. Ultimately, your organization should consult with a local attorney to ensure compliance with relevant laws.

Sample Policy:
Work From Home

[Name of organization] may consider providing a unique work alternative for certain employees, commonly known as “telecommuting.” Telecommuting permits you to work at home instead of physically reporting to the office daily. This alternative is not available to all employees but may be arranged at the sole discretion of [name of organization] when the arrangement is in the best interest of the employee and the organization.

Eligibility

[Name of organization] will consider at least the following items when determining if a telecommuting arrangement is in the best interest of the employee and the organization:

• A determination of whether the employee’s job duties can be performed remotely.
• Confirmation that the employee has the equipment, space, and other resources necessary for working from home.
• A satisfactory review of the employee’s performance record.
• A supervisor’s confirmation that the employee’s work habits would allow for him or her to telecommute successfully.
• Whether telecommuting will meet the business needs of the organization.

If all eligibility requirements are satisfied, [name of organization] may consider allowing the employee to telecommute.

Expectations

Employees are expected to maintain their telecommuting space in a safe manner, free from safety hazards, and to promptly notify [name of organization] of any injuries by filling out a form that includes a description of what the employee was doing before, after, and at the time of the injury. [Organization name] reserves the right to require an employee's remote work environment to be approved before the employee can work remotely.

Non-exempt employees are also expected to record all hours worked using [name of organization’s] time-keeping system. An employee may only work hours in excess of those scheduled per day and per workweek if the employee’s supervisor has given prior approval for such work.

Additionally, telecommuting employees are expected to protect any of [name of organization’s] confidential and proprietary information in accordance with the [name of Confidential Information policy] just like employees working in the office are expected to.

Telecommuting is a privilege, and the arrangement can be refused or terminated by [name of organization] for any or no reason at any time. If you have questions regarding telecommuting, contact your supervisor.

This is a sample handbook policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in preparation and distribution of this sample document.

Working Together © 2022 Brotherhood Mutual Insurance Company. All rights reserved. www.brotherhoodmutual.com/working-together. Updated 9/2021.