Instituting telework agreements during the COVID-19 pandemic

Remote Work During the COVID-19 Pandemic

A decade ago, working remotely from home may have seemed like a distant dream. Today, it’s a necessity in these unprecedented times. As more companies are adopting or being required into telework practices during the coronavirus outbreak, the benefits are very clear, work can continue to be done while employees are engaging in social distancing.

Whether temporary telework, also known as working remotely, is a viable option for a particular employer depends largely on the work performed by employees. Work that cannot be performed remotely on an ongoing basis could still be suitable for telework on a temporary basis.

How to determine if an employee may be suitable for telework on a temporary basis

• work activities are portable and can be performed effectively outside the office, at least on a temporary basis; telework may not be suitable if an employee’s job requires regular in-person contact with other employees, clients or the public, or regular access to materials that cannot be removed from the worksite
• job tasks are easily quantifiable or primarily project-oriented
• an employee’s participation in a temporary telework arrangement will not adversely affect the performance of other employees
• contact with other employees and clients is sufficiently predictable
• technology and equipment needed to perform the job remotely are available
• safety and security of the employer and/or client property can be assured and is not cost-prohibitive
• there are no contractual arrangements or client concerns or objections that would preclude teleworking.

Transitioning to Telework/Remote Work

Given the rapid progression of the COVID-19 outbreak, the potential implications for employee and community health and safety, and the potential impact on business operations in the event of a large number of employees falling ill at the same time, it is wise for employers to anticipate the possibility of having to implement mandatory temporary telework. Employers will want to ensure that they are entering into telework agreements with their employees, which addressed the expectations and responsibilities of both the employer and the employee while teleworking.

Done correctly, an agreement for working remotely can be an important part of maintaining an effective and flexible workplace. Please contact us to assist you with the preparation of your company’s telework agreement.