TELEWORK – Are you allowing your employees to work remotely?
Tip: You should have a written Telework Policy.
Is your Telework Policy temporary or a new permanent policy? As an Employer, you can decide whether you will allow employees to work from home (Telework). Are some or all of the employee’s job duties can be safely performed remotely? Is the employee is able and/or willing to work remotely? What steps will you need to take to allow an employee to work remotely?
Caution: If an employee requests Telework as an accommodation, are you required to do so? What is the reason for the request? Is it related to Covid-19 or child-care? Is the request a reasonable accommodation? Or, is there a Business reason or necessity that may prevent an employer from providing such accommodation? Review whether your eligibility criteria are objective. Make sure your policies are not violative of any protected class or Covid-19 regulations. Do you have a Form for the employee to complete in order to avoid misunderstandings? Consider getting legal advice to avoid a potential employee claim.
Telework Policy should include (but not limited to):
- Eligibility requirements
- Authorization procedure
- Employee Form to be completed
- Confidential info/Trade Secrets/NDA
- Timekeeping method and procedure
- Employee schedule – work hours
- Zoom meeting protocols
- Email communications/Social Media policy
- Allowable reimbursable expenses
- Travel restrictions/quarantine policy
- IT Security policy/concerns
GOV’T RESOURCES:
- DLSE – Labor Commissioner – FAQ: https://www.dir.ca.gov/dlse/2019-Novel-Coronavirus.htm?_sm_au_=iVVD4Tb5ZJSRJRLqJ8MfKK7vWLCsW/
- EDD: https://edd.ca.gov/about_edd/coronavirus-2019.htm
NOTE: Each Month we may provide a Legal related “Tip” on various subjects. These tips cannot take the place of legal advice from an attorney, as they are general in nature. However, they may provide you with some information to review and help you consider whether you may need to seek legal advice, based on your particular situation.