Creating a Telework Plan that Benefits Employers and Employees

January 2014 • Lockton Companies

L O C K T O N C O M P A N I E S

KAREN THURLOWSenior Claims Consultant

816.960.9761kthurlow@lockton.com

KIM BROWNVice President

Senior Claims Consultant816.960.9248

kzbrown@lockton.com

“It’s simple, just work from home!”

Teleworking—allowing employees to work from home—can be a simple solution to many employee needs, including long commutes, tending to sick children, or the need to concentrate on a special project without distraction. Improvements in technology make it easier than ever to get certain essential job functions done from the comfort of one’s home. In addition, teleworking provides benefits to employees, including increased flexibility, fewer distractions, and a reduction in commuting time and costs.

Teleworking can be an excellent addition to an employer’s flexible work policy. Because it’s typically perceived as a benefit, teleworking can help make an organization an employer of choice, assisting with employee recruitment and retention. It also can increase employee efficiency and reduce facilities costs. Whether a teleworking arrangement is permanent, recurring, or temporary (such as part of Americans With Disabilities Act, or ADA, accommodation), it is important to have buy-in from all stakeholders as well as a formal teleworking policy or plan in place for your organization. Here are some important considerations for creating a teleworking plan:

. . . teleworking provides

benefits to employees, including

increased flexibility, fewer

distractions, and a reduction in

commuting time and costs.

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Establishing the Arrangement

Establish clear expectations. Supervising a worker who is not in the same location as the rest of the team can create unique challenges. Determining the amount of work an employee can reasonably accomplish is critical because it can be difficult to appreciate how busy an employee is when the supervisor cannot see the employee. Establish quality measures, too, to ensure the product quality meets corporate standards. Additionally, ensure the supervisor and employee have opportunities for supervisory review, whether spontaneously or at a regularly scheduled time.

Determine a schedule. Supervisors or managers will want to be able to verify the teleworking employee is available during standard hours of operation. Clearly communicate the employee’s work hours, when he or she is expected to be available via phone, e-mail, or online access.

Address dependent care. Some employers establish a policy that requires remote workers to not provide care to dependents (children or adults) while teleworking. This appears to be a practical consideration to ensure that the employee has the appropriate focus on business needs during his or her work hours. However, it is important to consider an individual’s needs when creating a telework arrangement. Perhaps caring for a relative would be allowed on a temporary basis, but a full-time teleworking position might include a prohibition against full-time dependent care. Either way, consideration should be given to this important issue.

Organizational Support

Everyone within the organization should resist the temptation to tease employees about how nice it must be to work from home in their sweatpants and slippers. Work performed at home should be treated with the same level of professionalism as work performed in the office. Employees shouldn’t be made to feel they have an easier workload simply because they work from home. After all, teleworkers often have difficulty separating themselves from work at the end of the day, as the temptation to “just finish up” can result in many hours of extra work.

“Because it’s typically perceived as a benefit,

teleworking can help make an organization an employer

of choice, assisting with employee recruitment and

retention.”

January 2014 • Lockton Companies

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Determining Eligibility—Positions

The organization should consider which functions fit teleworking. Positions that require intensive writing, research and analysis, telephone-intensive tasks, or computer-based tasks are often well suited.

On the other hand, certain functions typically are best performed in the office, such as those that require face-to-face contact with supervisors, other employees or clients. Teleworking is not ideally suited to new hires, employees on probation, or those who demonstrate less than acceptable levels of performance.

Determining Eligibility—Employees

Simply put, teleworking is not for everyone, even those in eligible positions. Employees who are well suited for telework are dependable, responsible, conscientious,

independent, self-motivated, disciplined, able to prioritize work, and effective time managers. Another question that must be addressed is who within the organization will determine eligible employees.

Dedicated Home Office

The teleworker should designate an area in their home as the official workstation. For teleworking to be successful, it is imperative to properly equip the employee by providing the tools necessary to get his or her job done. Be sure employees have a secure place for delivery of mail, supplies, and equipment. Consider whether an agreement can be made with another business or client partner so that the employee has access to an office or meeting room as needed for client meetings, if the teleworker lives in geographic area where the organization does not maintain a physical office.

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Cyber security, from secure e-mails to paper shredders, should be used. A teleworker’s office equipment may need to include a document shredder if the nature of the work includes any privileged information, such as client financials or social security numbers. Be certain that employee conduct rules include expectations about protecting sensitive data in all forms, in disposal, in Internet access, or in storage, including during transportation and travel.

Other Considerations

Remember the scope of employment for the purpose

of workers’ compensation. In workers’ compensation claims, any activity that supports the employer’s business purpose is within the “scope” of employment. When

that activity takes place in the employee’s home, many activities the employer may not foresee can be considered compensable. These would include getting a cup of coffee or walking to the restroom (personal comfort doctrine), tripping over the employee’s own dog while on the way to get supplies from the garage, or falling on ice while going to the mailbox (to which corporate mail was delivered) can all be considered an accident occurring at the workplace and can be considered compensable. Employers need to understand the scope of activities that could potentially be covered under workers’ compensation as part of the corporate telework strategy decision. In the event of a workers’ compensation claim, the employee could file his or her claim in either the state in which he or she was hired, or the state in which he or she works, among other choices.

January 2014 • Lockton Companies

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Address safety concerns. The employee’s home actually becomes the workplace for the purposes of workers’ compensation, so any dangerous conditions become potential work hazards. Some companies have the employee sign an authorization that allows the corporation to perform a site safety inspection periodically or as needed. Things to consider during such an inspection would include ensuring that power cords and computer cords are appropriately secured, that there is no debris or loose carpeting on stairs, and that there are secure handrails for interior and exterior stairs. Be aware that safety and security concerns for neighborhoods can also present employee safety concerns that may impact workers’ compensation injuries for teleworkers. Consider having employees complete a safety checklist as well as a formal teleworking agreement.

Complete an ergonomics assessment. An ergonomic assessment or training for common ergonomic issues should be provided for employees prior to beginning telework to ensure they have an ergonomically acceptable desk, chair, and keyboard to prevent employee injury. Some companies provide office furniture to ensure ergonomically appropriate equipment. A supervisor should review safety precautions with each teleworker to ensure the employee is aware of the need for safety precautions and will take necessary precautions to stay safe.

Provide posting notices. Some states (Georgia, for example) require worksite posting notices for workers’ compensation purposes. Be sure the employee is given all appropriate notices.

Consider having employees complete a safety checklist as well as

a formal teleworking agreement.

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Consider a trial period. Not every employee or employer finds these arrangements optimal. Initially, there should be frequently scheduled meetings to discuss any problems that might arise, such as problems with technology, personal motivation, access to supervision and other support services, training materials, and social, mentoring, or professional development opportunities. If issues arise, both the employer and the employee should have the ability to return to a standard work environment within a standard worksite.

The considerations set forth above, while not exhaustive, are a jumping off point for a robust discussion regarding the potential benefits and pitfalls of instituting a teleworking program or policy. They can help employers determine an appropriate approach.

We recognize that some decisions require input from multiple

disciplines. The Lockton Claims Department provides this

insight based on our experience working for insurance carriers,

helping clients achieve their risk management objectives, and

sharing experiences with our industry peers. The information

contained in this document should not be construed as

legal advice and is not intended as a substitute for the legal

guidance of a qualified attorney.

January 2014 • Lockton Companies

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Work. It’s what you do. Not where you go.

—Microsoft

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