Considerations and Impacts of Teleworking outside Canada
Application:
This document would apply to situations where employees normally work in Canada but have requested to work outside Canada.
Telework Policy:
The TB Telework Policy also applies to employees’ teleworking outside of Canada.  
The teleworker’s designated workplace remains where the employee would work, in Canada, if the telework situation were not in place. This fact should be confirmed with the employee and stipulated in the telework arrangement document.
Telework Arrangement Agreement:
It will be important to have the details of the telework arrangement thoroughly discussed and agreed upon between the employee participating in the telework situation and the manager.  The Treasury Board’s Telework Policy is flexible regarding the necessity to have details of the agreement in writing, however, it is strongly recommended to do this for teleworking outside of Canada.
Managerial Considerations:
To minimize misunderstandings, before entering into a telework agreement managers should become familiar with the most relevant policy and associated documents and carefully consider the following factors:
Telework Policy and Questions  and Answers – Manager should be knowledgeable of departmental Telework Policy or if none exists, the TB Telework Policy and related  Questions  and Answers found on the TBS web-site (http:www.tbs-sct.gc.ca/Pubs_pol/hrpubs/TB_853/siglist_e.html). 
Job suitable for telework  –  Manager needs to determine if the work that needs to be done by the employee can be done by him/her while teleworking full time, as employee is not able to commute to office for duties needing to be carried out in the designated workplace. Impact on client service cannot be adversely affected.
Suitability of Employee –  Experience has shown that successful teleworkers are well disciplined and organized, self-starters who can work independently.  They are results-oriented being able to set their own deadlines and goals.  They should have a history of reliable and responsible performance, are trustworthy and require minimal supervision. Having previous telework experience would be an asset for the employee and the manager.
Security Implications –  What does the nature of the work entail?  How secure will the transmission of material (electronic, mail) to and from Canada be?  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. 
Communication –  How will employee and manager and other team members and clients keep in touch, and at what and whose expense? Advanced planning by all parties will be key to ensuring that the teleworker has sufficient work to do and sufficient contact with fellow workers (videoconference, teleconference, virtual team meetings, e-mail, etc.) at the telework place. 
Cost effectiveness of arrangement – What additional expenses will be incurred as a result of teleworking outside Canada and who will pay for the expenses i.e. long distance telephone calls, conference calls, travel, increased phone line and internet costs compared to Canada etc. This needs to be worked out ahead of time and included in the telework agreement.
Impact on team members working in Canada – Workload must be planned by the teleworker and the manager in such a way to ensure that the non-teleworkers are not burdened with extra work because of the teleworkers schedule or location.  Will this arrangement negatively impact co-workers (e.g. required to assume a greater number of urgent requests; less flexibility due to a reduced number of employees in the workplace).
Performance Management – Performance expectations should be quantifiable and qualitative and should be the same for the teleworking employees and for co-workers who perform similar tasks at the workplace.  Performance expectations and measures/standards should be established, agreed to and clearly understood by the teleworker. The teleworker’s performance should be measured on a regular basis as well as for other workers.
Ongoing monitoring of the telework arrangement – This is essential to ensure that the initial details agreed to are still being adhered to and that performance is maintained or improved.  Either the teleworker or the manager can terminate telework arrangements, with reasonable notice by either party.
Equipment – An agreement should be reached between the manager and the employee prior to undertaking a telework situation regarding the type of equipment needed, who is responsible for maintenance and repair.  If it is the department who provides the equipment who will pay for transportation costs to move it to telework destination.  Will there be a need for a second phone line, Internet access, what are the costs in another country and who will pay?  Who and how will technical support be provided?
Health and Safety – Employer Responsibilities – It will be very important for the manager to discuss health and safety issues with the employee and his/her obligation while teleworking. Under the revised version of Part II of the Canada Labour Code the employer has a general duty (Section 124) to ensure that the health and safety 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 that have been expanded considerably and now apply to the activities of employees in workplaces not controlled by the employer, to the extent that the employer controls those activities.  This means that, while a department may not control a telework workplace, wherever it may be, it does control the activities of the employee.
Telework places such as employees’ homes are not workplaces controlled by the employer and a new provision (Section 143.2) prohibits access of any person having a duty under the Code (employers, Health and Safety officers and Health and Safety Committee members) without the permission of the employee.
Time Difference – How will the time difference impact on service to clients, interaction with work team, communication with the designated workplace or ability of teleworker to meet deadlines and how can any difficulties be overcome?
Treasury Board Travel Directive – The TB Travel Directive states that employees are required to present themselves on their own time, at their own expense to their designated workplace.  An employee can have only one designated workplace at any one time (in writing).  If an employee is teleworking for their department outside of Canada and is called to a meeting at their designated workplace (e.g. street address in Ottawa), the transportation involved (e.g. airfare) will be on their own time at their own expense. 
If the employer decides to send the employee on travel status (e.g. training somewhere in Canada beyond  the 16 kms from the designated workplace and would be definitely 16 kms from their home) the travel time and costs will be substantial.
Judgement needs to prevail on both sides should the above situations arise and alternatives should be explored wherever possible.  It will be very important to have discussed the above two points prior to agreeing to a telework arrangement where long distance travel is involved.
Foreign Service Directives – The Foreign Service Directives apply exclusively to career foreign service employees and to foreign assignment employees on assignment outside Canada. As the teleworker’s designated workplace remains in Canada the Foreign Service Directives do not apply. 
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.
Employee Considerations
This is not an exhaustive list and is in addition to the issues outlined above.
Income Tax – Employees who are considering requesting to telework outside of Canada should contact the Canada Customs and Revenue Agency.
Public Service Health Care Plan  (PSHCP) – An employee teleworking outside of Canada would not be covered by the PSHCP. The PSHCP has two components – Supplementary coverage and Comprehensive coverage.  To be eligible for Supplementary coverage, a person must be covered by a provincial health plan.  To be eligible for Comprehensive coverage, a member must be posted outside of Canada and not be covered by a provincial health plan.  It is unlikely that an employee who is teleworking outside of Canada would be covered by a provincial health plan and therefore the employee is not eligible for Supplementary Coverage.  As well, a telework arrangement is employee-requested and is not a posting; therefore the employee is not eligible for Comprehensive coverage either.  As a result, the employee is not eligible for PSHCP coverage.
Dental Plan – Coverage under the Dental Care Plan would continue subject to normal plan rules.
Disability Insurance – Coverage under the Disability Insurance Plan would continue subject to normal plan rules.
Superannuation (Pension Plan) – the employee’s obligations, deductions and eligibility are not affected by the telework arrangement.
Public Service Management Insurance Plan (PSMIP) – Coverage under PSMIP would continue subject to normal plan rules.
Safety and Health – 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 TB Telework Policy, employees are responsible for ensuring that the teleworkplace is adequately equipped from a safety and health point of view. The employee must bring any accident or injury occurring in a telework situation to the immediate attention of the supervisor.