A reading from the Book of Armaments, Chapter 4, Verses 16 to 20
Then did he raise on high the Holy Hand Grenade of Antioch, saying, “Bless this, O Lord, that with it thou mayst returneth Federal workers to their rightful offices, in thy mercy.” And the Lord did grin, and the people did feast upon the lambs and toads and tree-sloths and fruit-bats and orangutans and breakfast cereals …
I thought it was appropriate to start a discussion of a federal return to office mandate with something silly. And no one did silly better than Monty Python. Aside from a projected Return to Office success rate being less than 20%, and 10 years of government remote work success, trying to do away with Remote Work goes against an existing law.
It’s Not Just A Good Idea…
The Telework Enhancement Act of 2010 is a United States federal law aimed at promoting and regulating telework (also known as remote work) for federal employees. Signed into law on December 9, 2010, it established a framework to expand telework opportunities, enhance work-life balance, increase productivity, and ensure government continuity during emergencies. It had bipartisan support from the beginning being sponsored by Senators Daniel K. Akaka (D-Hawaii) and George V. Voinovich (R-Ohio). Approval in the Senate was unanimous and passed 254-152 in the House.
Objectives include:
- Improve workforce flexibility and employee satisfaction.
- Reduce government costs (e.g., office space and commuting expenses).
- Enhance federal agencies’ resilience during emergencies.
- Foster environmental benefits through reduced commuting.
Seems all pretty palatable to most taxpayers to me. Let’s go a little deeper.
Key Points of the Telework Enhancement Act
- Promotion of Telework – Federal agencies are required to establish and implement telework policies. The law aims to increase the use of telework as a standard practice where feasible. Thanks to Covid many government agencies already had plans in place. Now they are actually using it as standard practice, but apparently, that’s a problem for the new administration.
- Eligibility Determination – Agencies must determine which employees are eligible for telework based on job duties and other criteria. A general rule of thumb is if a job requires special equipment, and security, or involves other factors that can’t be done in a home or public setting, then telework may not be an option. Even in highly classified positions, there are still options for many workers that don’t compromise security. Employees must be informed of their telework eligibility.
- Telework Agreements – while this policy has outlived its usefulness, eligible employees who wish to telework must enter into a formal agreement with their agency. Agreements outline the terms and conditions of telework, such as work expectations and technology use. While It’s good to have as a reference, many agencies still require workers to submit these regularly and then usually get 2 levels of approval. If we could stop calling it Telework or Remote Work, and call it work, it would save everyone a lot of paperwork.
- Designation of Telework Managing Officers (TMOs) – Agencies must appoint a Telework Managing Officer responsible for overseeing telework programs. TMOs ensure compliance with the Act and promote telework initiatives. Ideally, once established, this should be unnecessary. Managers should know how to manage remote teams.
- Training Requirements – This is another area that is becoming less of an issue. Anyone below GenX has grown up with this stuff. It’s almost second nature to do video calls. Still, agencies must provide telework training for employees and managers to ensure successful implementation. Training covers the responsibilities and best practices for teleworking. If nothing else, security responsibilities still require regular reminders.
- Performance and Accountability – The Act emphasizes maintaining accountability and performance standards for teleworking employees. This does not mean trying to count card swipes or butts in seats remotely. Metrics should be based on outcomes rather than outputs. That said, telework must not diminish employee performance or productivity, but managers need to have a good understanding of what that is.
- Continuity of Operations (COOP) – This is perhaps the most important reason for the government to have a robust remote work program. There are multiple plans for control and succession if something happens to the President, but the plans are much less specific for all the agencies in the DC area. One nuclear, biological, or chemical weapon in the DC area and the business of government comes to a screeching halt. Telework needs to be incorporated into agency continuity of operations plans to ensure government functions during emergencies (e.g., natural disasters or pandemics, or worse).
- Reporting and Evaluation – We currently have over a decade of data so we know it’s working. Agencies must report telework data, including participation rates and program effectiveness, to the Office of Personnel Management (OPM). They in turn provide an annual report to Congress on the status of federal telework programs. The tenth-anniversary issue is not to be missed.
- Technology and Security – As you would expect, agencies are responsible for providing secure technology and systems to support telework. Cybersecurity measures must be in place to protect sensitive government information. It requires more work to plan for security with remote work, but in so doing you have to be more vigilant against all possible threats.
What’s Not To Love?
The Telework Enhancement Act reflects the federal government’s commitment to modernizing workplace practices while ensuring accountability and productivity. Everyone wants a government that is efficient and cost-effective. Maybe we can take a step back and use that as a starting point rather than throwing the baby out with the bathwater. Let’s use efficiency and cost-effectiveness as our benchmark going forward rather than focusing on outdated perceptions of where work needs to be performed.
The Telework Enhancement Act reflects the federal government’s commitment to modernizing workplace practices while ensuring accountability and productivity. Everyone wants a government that is efficient and cost effective. Maybe we can take a step back and use that as a starting point rather than throwing the baby out with the bathwater. Let’s use efficiency and cost effectiveness as our benchmark going forward rather than focusing on outdated perceptions of where work needs to be performed.
