Considerations for telework eligibility


The purpose of this tool is to assist the supervisor in determining whether the employee and the duties of their position are eligible to participate in the NIH Telework Program. Per Public Law No: 111-292, the Telework Enhancement Act of 2010, and OPM’s 2021 Guide to Telework and Remote Work in the Federal Government, every employee must be informed of his/her eligibility to telework.

Part 1: Position Determination

Use the criteria below to determine if the duties of the position can be performed at a telework site. Duties may be performed at a telework site if they:

  • Do not involve daily, direct handling of secure materials to include designated classified documents such as Confidential, Secret, Top Secret, etc.
  • Are portable and do not have to be handled on-site – Portable work is defined as official duties that may be done in more than one location without diminishing the quality or quantity of work completed.
  • Do not require close supervision or frequent guidance from a supervisor.
  • Do not require daily face-to-face interaction with co-workers and/or customers.
  • Rely on information technology and connectivity that is or can reasonably be made available at the telework site, as applicable, or require no particular additional technology or connectivity.
  • Generate work results that can be measured and/or evaluated against a performance plan and/or standard reporting deadlines.  

Part 2: Employee Determination

Use the criteria below to determine whether the employee is eligible for telework. Employees may be eligible to participate in NIH’s Telework Program if the:

  • Employee has completed the mandatory Workplace Flexibilities training.
  • Employee has not been officially disciplined for AWOL (absence without leave) for more than 5 days in any calendar year period.
  • Employee has at least a fully successful performance record and is not on an Opportunity to Demonstrate Acceptable Performance (ODAP) period.
  • Employee is new to the position but has sufficient employment history for supervisor to allow participation in the telework program.
  • Employee has not been officially disciplined for violations of the Standards of Ethical Conduct for Employees of the Executive Branch, subpart G on viewing, downloading, or exchanging pornography.

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