TELEWORK – Are you still allowing your employees to work remotely?
Tip: Have a clear written Telework Policy that includes eligibility rules.
Is your Telework Policy a permanent policy? As an Employer, you decide whether you will allow employees to work from home (Telework). Do you need employees to return in person? If so, why?
Caution: If an employee requests Telework as an accommodation, are you required to do so? What is the reason for the request? Is the request based upon 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. Ensure your policies are not violative of any protected class. Do you have a Form for the employee to complete 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 do not 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.