1. What is telework?
Telework involves the authorization for an employee to perform
the duties of his or her position, which are ordinarily performed
at the employee's designated workplace at an alternative
location, usually the employee's home.
2. Part of
an employee's duties is to go out and meet with clients at
their workplace, is this teleworking and would the Treasury Board
Travel Directive apply?
No, a client's workplace is not considered a telework
place. If an employee were required to report to a location away
from their telework place or their designated workplace to attend
meetings with clients, the Treasury Board Travel Directive would
apply.
3.
What are some of the potential advantages of telework?
There are many advantages of telework for the employer,
employees and Canadians in general.
For the employer:
- improvements in employee productivity
- reduced absenteeism
- less disruption during bad weather and other emergencies
- potential savings on facility costs
- higher levels of employee satisfaction and motivation
- competitive edge for attracting and retaining highly skilled
individuals
- ability to accommodate employees with disabilities
For the employee:
- greater flexibility and improved quality of life (more
relaxed and quieter environment, and less interruptions)
- decreased work-related expenses
- less commuting time
- less stress
- higher morale
- ability to capitalize on personal peak productivity
periods
- increased physical comfort
For Canadians in general:
- reduces commuting trips and therefore reduction in traffic
congestion
- reduces fossil fuel emissions, conserves energy, and benefits
the environment by reducing air pollution
- reduces road construction and repair costs
- provides a flexible work option to accommodate current or
potential employees with disabilities
- reduces problems related to care of the elderly and
"latch-key" children
- reduces crime if homes are not empty during working
hours
4.
What are some of the potential disadvantages of telework?
While the advantages outweigh the disadvantages, there is
however some potential disadvantages for the employer, employee
and Canadians in general.
For the employer:
- possible loss of direct management of employees
- possible concerns about public perception
- potential for distraction leading to decline in work
output
For the employee:
- isolation and reduced social interaction
- potential increase to home costs
- not all jobs are suitable for teleworking
For Canadians in general:
- possible loss of income to private sector firms in city cores
(restaurants, stores and parking lots), transportation companies,
and automobile-related industries and trades.
5. Can
a telework arrangement be on a part-time or full-time
basis?
Yes, telework arrangements can be approved for a full week,
part of a week or part of a day. The arrangement can be for a
scheduled ongoing period, or could be for a short-term period to
accommodate an employee's personal situation as long as
management has approved it.
6. How does
a manager decide whether or not a telework arrangement should be
approved?
All telework decisions should be made in a fair, equitable and
transparent manner. Each request should be dealt with on a case
by case basis taking into consideration the operational
feasibility (not all jobs are appropriate for teleworking),
cost-effectiveness of the arrangement, the employee's
demonstrated work habits and the impact on colleagues.
7.
What jobs are most appropriate for teleworking?
Work suitable for telecommuting depends on job content. For
example, telecommuting may be feasible for work that requires
thinking and writing, research, data analysis, or computer
programming. However, work may not be suitable for telecommuting
if the employee needs to have extensive face-to-face contact with
other employees, clients or the general public or the employee
needs frequent access to material that cannot be moved from the
designated workplace.
8.
Which employees are best suited for teleworking?
Experience has shown that successful teleworkers are well
organized, self-starters who can work independently. They
are results-oriented; have a history of reliable and responsible
performance, with a proven track record; and are trustworthy.
9. The
Telework Policy states that the details of the telework
arrangement must be discussed and agreed upon between the
employee participating in the telework situation and the
supervisor. Does there have to be a written agreement?
What are critical to the success of the telework arrangement
is that the details of the arrangement are agreed to and clearly
understood by both the teleworker and the manager, and that the
terms and conditions of employment are not contravened. The
actual agreement can take many different forms, from a verbal
agreement, an e-mail from the supervisor confirming the
agreement, to a formal written agreement initiated by either the
teleworker or the manager. The advantage to having a written
document is that it serves as a reference point for future use
should there be any confusion on what was agreed to in the first
place.
10.
How can a teleworker's productivity be
measured?
The teleworker's productivity should be measured in the
same way as when he/she is at his/her normal place of work.
However, managers have their own management style, and for some
it will be a challenge to adjust their management style to
accommodate telework arrangements. Management by results rather
than visual management is the key. Managers will also have to
develop communication practices which allow them to stay in touch
with their employees i.e. greater use of e-mail, telephone and
scheduled face to face meetings.
11. Having
the teleworker's colleagues buy into the telework
arrangement is important, how can this be
accomplished?
Open and timely communication is key! It is important for
colleagues to understand what telework is, how it will work, what
the teleworker's schedule will be and how the staff can
reach the teleworker on teleworking days etc. Providing an
opportunity for colleagues to share any concerns either at a
staff meeting or one-on-one with the supervisor can avoid
problems at a later date. On-going monitoring as to how the team
is feeling about the telework arrangement will also help.
12.
How can the Telework Policy accommodate employment-related needs
for employment equity designated group members?
Accommodation could be made with respect to such areas as
customising and providing job accommodation for persons with
disabilities or to accommodate cultural and religious needs of
other designated group members.
13. Is
it permissible for an employee to combine telework with child or
elder care?
Usually no- but it depends on the situation. It is not
recommended because employees must be able to give their full
attention to their work during work hours. Combining telework
with the full-time care of children or elders may jeopardise the
success of the both.
14. Can an
employee's hours of work be outside the core hours as
outlined in their collective agreement?
No, a telework arrangement must respect all the provisions of
the collective agreement. The employee's hours of work must
be clearly understood and set out at the beginning of the
telework arrangement to ensure there is no confusion when other
provisions of the collective agreement such as call-back pay,
standby pay and overtime are applied.
15. If an
employee is injured while working at the telework place, is
he/she covered by Workers' Compensation?
Under the Government Employees Compensation Act, and
consistent with jurisprudence on the subject of workers'
compensation, Public Service employees who are injured in the
course of their duties are to be compensated for their
work-related illnesses or injuries. This applies whether the
illness or injury takes place at the employer's designated
workplace or at any other agreed location, including the
employee's home. This is consistent with the Canada Labour
Code, which defines the "work place" as any place where an
employee is engaged in work for the employer, and this can
include an employee's home. The employee must bring any
accident or injury occurring in a telework situation to the
immediate attention of the supervisor.
16.
Will teleworkers be entitled to the Isolated Post
Allowance?
A telework arrangement in itself will not give rise to
compensation for isolated post allowances. Employees who telework
will be considered to be working at the designated workplace (the
employee's designated workplace or business address is the
location at or from which an employee ordinarily performs the
duties of his or her position, not the teleworkplace.) The
Isolated Posts Directive (IPD) will apply to teleworkers if the
designated workplace is in a location that is or would qualify as
an isolated post as per the criteria outlined in Part V and
Appendix H of that Directive.
17. a)
The Policy indicates that employees are responsible for the costs
of maintaining the teleworkplace. Can teleworkers therefore
deduct these expenses from their employment income for income tax
purposes?
Depending on the situation, and provided certain conditions
are met, teleworkers may be able to deduct certain expenses from
their employment income for income tax purposes. Due to the
complexity of the Income Tax Act and the fact that each telework
situation is unique, employees should contact the Canada Customs
and Revenue Agency (CCRA) (previously known as Revenue Canada)
for further advice. Telephone enquiry numbers and other
information can be found on their web-site at http://www.cra-arc.gc.ca/.
17. b) To
determine whether an employee is entitled to a deduction under
the Income Tax Act, the Canada Customs and Revenue Agency (CCRA)
requires a person to file a prescribed CCRA form with their
income tax returns (currently the name of the form is T2200
"Declaration of Conditions of Employment"). Should managers sign
this form when asked by employees?
Managers who are asked by formally approved teleworkers to
complete and sign this declaration are advised to do so. This
form does not ask managers to certify whether an employee meets
the criteria established by the Income Tax Act. Rather, in
signing, managers would merely certify that teleworkers are
required to provide work spaces in their homes and are required
to pay for certain additional costs involved in providing this
space.
18. Is
a telework employee responsible for the loss or damage of
crown-owned equipment at the teleworkplace?
No, the employee is not normally responsible for the
replacement of lost or damaged Crown-owned equipment at the
telework place unless an intentional omission or commission of
any act amounting to a wrongful act or negligence caused the loss
or damage.
19. Will the
employee have to buy additional insurance to work at
home?
No, employees are not expected to carry extra insurance but if
the employee's normal insurance covers the lost item, it is
expected that the government will recover its loss.
However, employees should review their home insurance
policies, since the use of the home as an office and any
equipment owned by the employee may not be covered by existing
home policies. Any increase in home insurance coverage as a
result of a telework arrangement is the responsibility of the
employee.
20. If an
employee who teleworks is required to return from their
teleworkplace to their designated workplace are they entitled to
claim kilometres or other travel related expenses (e.g. parking,
meals, etc.)?
No, employees who telework and are required to return from
their telework location to the designated workplace must be
prepared to do so at their own expense and on their own time,
(e.g. paying for transportation and parking costs).
21. Should
an employee be reimbursed for long-distance telephone charges
resulting from the telework arrangement?
Long-distance telephone charges resulting from a telework
arrangement are subject to normal employer approval procedures
and once approved is the responsibility of the employer.
22.
What are the employee and employer's Occupational Safety and
Health responsibilities under a telework
arrangement?
Employer Responsibilities
Under the current version of Part II of the Canada Labour Code
the employer has a general duty (Section 124) to ensure that the
safety and health of every person employed by the employer is
protected. With respect to telework, the employer is required to
take whatever action is required to demonstrate due diligence.
That is the employer is responsible for ensuring the employee
knows and understands what is involved in telework and given
guidance on the practical considerations of telework, where it is
considered appropriate or necessary. This should include giving
guidance on how to establish a safe and ergonomic working
environment and adequacy of work station and facilities (keyboard
placement and wrist support, type of chair and chair adjustments,
proper lighting, availability of first aid supplies etc.).
Section 125 of the Canada Labour Code lists a number of
specific employer duties, however, these only apply to workplaces
controlled by the employer. Similarly, the powers of Safety and
Health Committees (Section 135) and those of HRDC-Labour Safety
Officers (Section 141) only apply to workplaces controlled by the
employer.
Telework places such as employees' homes are not
workplaces controlled by the employer.
Employee responsibilities
Duties of employees are outlined under Section 126 of the
Canada Labour Code and apply while at work and are not restricted
to workplaces controlled by the employer. As such, as per the
Telework Policy, employees are responsible for ensuring that the
teleworkplace is adequately equipped from a safety and health
point of view.
23. Where
can information on establishing a safe and ergonomic work
environment be found?
The best source is Safety and Health resources within
Departments. Also, the Canadian Centre for Occupational Health
and Safety (CCOHS) promotes a safe and healthy work environment
by providing information and advice about occupational health and
safety and has a very informative web-site where valuable
information can be found. The web-site is http://www.ccohs.ca. Once you have
located the web-site go to Products and Services, alphabetical
listings, and there is reference to an Office Ergonomics Safety
Guide, which also may be of assistance. You will note there is a
current cost of $10 to purchase the guide.
24. Can an
employee ask to have an assessment of their physical work
environment in their homes to ensure adequacy of their
workstation and facilities?
As teleworking is a voluntary flexible work option which is
originated by the employee and given that telework places such as
employees' homes are not workplaces controlled by the
employer, there is no requirement for the employer to pay to have
an assessment of an employee's home workplace. Therefore an
employee could ask for an assessment of his/her home workplace
but it would be up to the discretion of the department to decide
if or how an assessment would be carried out.
25.
Who is responsible for providing the supplies (paper, pens, etc)
at the telework place?
Whether work is conducted at the designated workplace or at
the teleworkplace the department is responsible for providing the
supplies required by the employee to perform their duties.
26. What are
the security requirements for sensitive information and assets in
teleworking situations?
The Telework Policy does not diminish responsibilities for the
security of sensitive information and assets. In accordance with
the Treasury Board Security Policy, departments should arrange to
advise and assist managers and employees in minimizing the risks
inherent in working with sensitive information away from the
designated workplace. Assistance to employees should involve
briefing them on aspects of the safe custody and control of
sensitive information and making the necessary arrangements for
them to be able to meet their obligations.
27.
One of the policy requirements is that the work done at the
teleworkplace should be cost effective and that certain up-front
costs are permissible, provided they can be recouped over a
reasonable period. Does the recovery of the costs have to be "in
kind"?
No, the recovery of costs could come from such things as
increases in productivity, reductions in absenteeism or from
reductions in recruitment activities.
28.
Who is responsible for transporting employer equipment to and
from the teleworkplace?
An agreement on the most appropriate transportation mechanism
for transporting equipment to and from the teleworkplace should
be reached between the teleworker and the supervisor at the time
the telework arrangement is approved.
29.
What happens if there is a strike situation?
In the event of a strike, whether employees are working at the
designated workplace or at a teleworkplace, many issues come into
play and need to be reviewed by management. Some of the issues
include; the personal safety of employees, the protection of
equipment and other government property and the maintenance of
performance. There may occasionally be a need for special interim
procedures, for example, management may decide that teleworkers
who are not on strike been asked to temporarily return to the
designated workplace. Therefore should a strike occur management
would have to assess the situation and provide employees with the
appropriate guidance and direction?
30.
Where can employees obtain more information on telework?
Employees can obtain more information from their managers,
departmental resources and their union representatives.
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