6.800.2 IRS Telework Program

Manual Transmittal

November 09, 2023

Purpose

(1) This transmits revised IRM 6.800.2, Employee Benefits, IRS Telework Program.

Material Changes

(1) IRM 6.800.2.1, Program Scope and Objectives, updates organizational titles.

(2) IRM 6.800.2.1.1, Background, updates telework policy to include references to weather and safety leave (WSL).

(3) IRM 6.800.2.1.2, Authority, adds references to 5 USC 6329c, 5 CFR Part 630, 5 CFR 531.603, 5 CFR 531.605 and Treasury Telework Program.

(4) IRM 6.800.2.1.3, Roles and Responsibilities, updates organizational titles and better delineates some of the roles and responsibilities.

(5) IRM 6.800.2.1.3.1, BOD Telework Lead Responsibilities has been renamed Business Unit Telework Leads - Roles and Responsibilities, updates list of responsibilities and links to reference material.

(6) IRM 6.800.2.1.3.2, Manager Responsibilities, updates list of responsibilities and links to reference material.

(7) IRM 6.800.2.1.3.3, Employee Responsibilities, updates list of responsibilities and links to reference material.

(8) IRM 6.800.2.1.4, Program Management and Review, removes program goals and updates the systems utilized for program reports.

(9) IRM 6.800.2.1.5, Terms, provides updates and additional definitions.

(10) IRM 6.800.2.1.6, Related Resources, adds the Telework Mailbox, Official Post of Duty (POD) site, PeopleTrak - Telework Dashboard, and the 2021 Guide to Telework and Remote Work in the Federal Government as resources.

(11) IRM 6.800.2.2, formerly Overview was removed as redundant content. Program Participation (previously contained in IRM 6.800.2.3) was updated and moved to this subsection.

(12) IRM 6.800.2.2.1, formerly Summary of Participation Requirements was removed as redundant content. Telework Eligibility Criteria (previously contained in IRM 6.800.2.3.1.3.4) was updated and moved to this subsection.

(13) IRM 6.800.2.2.2, Misconduct Associated with Telework, updates include reference to Telework and Misconduct Guidelines for Managers (previously contained in IRM 6.800.2.3.1.3.4.1) and moved to this subsection.

(14) IRM 6.800.2.2.3, Distance Limitations for Telework Locations, updates of mileage calculator, increase from 150 to 200-mile radius for telework location, elimination of the process to request extension to 200-mile radius, and references the use of the Official POD SharePoint Site. Moved to this subsection previously contained in 6.800.2.3.1.3.5.

(15) IRM 6.800.2.2.4, Employee Telework Eligibility Designation, streamlined guidance and moved to this subsection previously contained in IRM 6.800.2.3.1.1.

(16) IRM 6.800.2.2.5, Required IRS Telework Training, updates training site and course information and removes references to optional refresher courses and other non-required supplemental courses. Moved to this subsection previously contained in IRM 6.800.2.3.1.2.

(17) IRM 6.800.2.2.6, Telework Types, updates and clarifies that restricted full-time telework is reserved exclusively when required by law, regulation or negotiated agreement (for example Reasonable Accommodation (RA), temporary/permanent hardship, Home as Post of Duty (HaP) Program) and requires executive-level management approval in accordance with the procedures for each of the programs. The approved telework location becomes the employee’s official POD per IRM 6.531.1. Moved to this subsection previously contained in IRM 6.800.2.3.1.3.1.

(18) IRM 6.800.2.2.7, Telework Agreements, updates guidance regarding the completion, uploading and annual review of telework agreements including guidance that copies of telework agreements in the library may be requested by using the Telework Agreement or Telework Denial Request Form. Moved to this subsection previously contained in IRM 6.800.2.3.1.3.6.

(19) IRM 6.800.2.2.8, Denial of Telework Agreement Requests, updates reasons for denial including when an employee's telework location exceeds the 200-mile radius from their POD (absent an approved exception). Moved to this subsection previously contained in IRM 6.800.2.3.1.3.7.

(20) IRM 6.800.2.2.9, Termination of Telework, updates guidance regarding return of government issued equipment and identifies using Business Entitlement Access Request System (BEARS) which replaced Online 5081. Moved to this subsection previously contained in IRM 6.800.2.3.1.7.

(21) IRM 6.800.2.2.9.1, Management Initiated Modification, Suspension, or Termination of Telework Arrangements, updates and clarifies examples of reasons for suspension or termination and specifies managers should consult with Reasonable Accommodation Coordinators for guidance. Moved to this subsection previously contained in IRM 6.800.2.3.1.7.1.

(22) IRM 6.800.2.2.9.2, Employee Initiated Modification or Termination of Telework Arrangements, updates and clarifies that termination or modification of telework arrangements by employees will take effect the first day of the following pay period. Moved to this subsection previously contained in IRM 6.800.2.3.1.7.2.

(23) IRM 6.800.2.3, formerly Program Participation which has been updated and moved to IRM 6.800.2.2. The Other Requirements for Approved Teleworkers subsection is now included in this section.

(24) IRM 6.800.2.3.1, formerly Telework Process was removed as redundant content. Remote Access to the IRS Network, updates to identify use of Business Entitlement Access Request System (BEARS), which replaced Online 5081 and moved to this subsection previously contained in IRM 6.800.2.3.1.4.1.

(25) IRM 6.800.2.3.2, Equipment, streamlines guidance that all equipment requests will be provided within 30 days of the request contingent on budget, with the understanding that if not provided within 30 days, it will be provided as soon as possible thereafter. Employees will not be provided duplicative equipment for the purposes of teleworking. Equipment provided for the purposes of mobile work does not constitute duplicative equipment. If requested and related to their job duties, employees participating in Recurring Telework will be provided with a lockable file cabinet. The link to FMSS SOP-19-006, Furniture Acquisition and Disposal for Approved Frequent Telework / Home as POD (HaP) Arrangements, has been updated. Moved to this subsection previously contained in IRM 6.800.2.3.1.4.2

(26) IRM 6.800.2.3.3, Telework Requirements as Related to Mobile Work, updates link to Article 11 and moved to this subsection previously contained in IRM 6.800.2.3.1.5.

(27) IRM 6.800.2.3.4, Telework Site Operations, updates to remove link to exhibit and provides link to IRS Remote Office Safety Checklist. Moved to this subsection previously contained in IRM 6.800.2.3.1.6.

(28) IRM 6.800.2.3.4.1, Face-to-Face Meetings at a Home Office, clarifies that a minimum of 48 hours advance notice must be given before management may inspect the employee's home worksite, except in cases of emergency or similarly extraordinary cause. Moved to this subsection previously contained in IRM 6.800.2.3.1.6.1.

(29) IRM 6.800.2.3.4.2, Requirements Regarding Remote Access from Non-U.S. Locations, clarifies that in general, employees may not telework outside the boundaries of the United States and its territories. Any remote access from an international location must be approved and processed through Cybersecurity to ensure all safety and security protocols are followed. Moved to this subsection previously contained in IRM 6.800.2.3.1.6.2.

(30) IRM 6.800.2.3.4.3, Workspace, removes link to exhibit and provides updated links to guidance. Moved to this subsection previously contained in IRM 6.800.2.3.1.6.

(31) IRM 6.800.2.3.4.4, Home Utility Expenses, moved to this subsection previously contained in IRM 6.800.2.3.1.6.4.

(32) IRM 6.800.2.3.4.5, Home Office Tax Implications, moved to this subsection previously contained in IRM 6.800.2.3.1.6.5.

(33) IRM 6.800.2.3.4.6, Office Supplies, clarifies that employees who meet the criteria for Restricted Full-Time telework with the exemption to report to the POD twice per pay period (for example RA, temporary/permanent hardship or HaP approval) may have office supplies mailed to their approved telework location. Moved to this subsection previously contained in IRM 6.800.2.3.1.6.6.

(34) IRM 6.800.2.3.4.7, Mail, updates that approved Restricted Full-Time telework arrangements (for example RA, temporary/permanent hardship or HaP) when the provisions of the approval include an exception to reporting to the official POD, refer to IRM 1.22.5.11.1, Home as Post of Duty (HaP) Employees, IRM 1.22.5.11, Guidance on Telework, Employee Mail, IRM 1.22.5.12, Processing Outgoing Mail, IRM 1.22.1, Mail and Transportation Management Overview, and IRM 1.22.4, Postage Accountability and Reporting Requirements, for further guidance on the IRS mail policy. Moved to this subsection previously contained in IRM 6.800.2.3.1.6.7.

(35) IRM 6.800.2.4, Program Administration, updates requirements to telework during weather or other safety-related conditions and provides additional guidance in IRM 6.800.2.5, Telework During Weather or Other Safety-Related Conditions.

(36) IRM 6.800.2.4.1, Telework Compliance, updates and consolidates critical compliance factors in a linked side document.

(37) IRM 6.800.2.4.1.1, Tours of Duty, Time and Attendance, Leave, moved to this subsection previously contained in IRM 6.800.2.4.2.

(38) IRM 6.800.2.4.1.1.1, Tours of Duty and Work Schedules, updates examples of work schedules to include flexitour with credit hours, gliding, maxiflex, 4/10 and 5/4-9. Moved to this subsection previously contained in IRM 6.800.2.4.2.1.

(39) IRM 6.800.2.4.1.1.2, Time and Attendance, consolidates time and attendance (T&A) guidance and reporting requirements for telework, mobile hours, and WSL, removes references to excused absence (administrative leave) and adds a linked side document titled Time and Attendance Reporting Guidance. Moved to this subsection previously contained in IRM 6.800.2.4.2.2.

(40) IRM 6.800.2.4.1.1.3, Leave, updates and includes policy guidance regarding WSL from IRM 6.630.4, Administrative Leave, Investigative Leave, Notice Leave, and Weather and Safety Leave. Moved to this subsection previously contained in IRM 6.800.2.4.2.3.

(41) IRM 6.800.2.4.1.2, Performance Standards and Expectations, provides streamlined guidance. Moved to this subsection information previously contained in IRM 6.800.2.4.3.

(42) IRM 6.800.2.4.1.3, Dependent Care, clarifies the dependent care policy for employees who are teleworking. Updates guidance to include temporary hardship telework arrangements may be requested to support family care and adds reference to IRM 6.800.2.4.1.5.4, Telework Arrangements Due to Hardship. Moved to this subsection previously contained in IRM 6.800.2.4.4.

(43) IRM 6.800.2.4.1.4, Workers’ Compensation (Employee Injury/Illness Claims) and Other Federal Claims, reduced and consolidated guidance. Moved to this subsection previously contained in IRM 6.800.2.4.5.

(44) IRM 6.800.2.4.1.5, Pay Issues, POD, and the Requirement to Report to POD Twice per Pay Period, updates and clarifies guidance regarding a telework employee’s requirement to report to the POD. Moved to this subsection previously contained in IRM 6.800.2.4.6.

(45) IRM 6.800.2.4.1.5.1, Partial Day Waiver Exception Requests, provides teleworkers who are unable to work a full day in the office on one or both of their required full days in the office due to an emergency or other personal matter to request to work a partial day in the office and telework the remainder of the day. Clarifies that managers are required to submit an electronic Official POD Exception to Reporting for the date(s) covered.

(46) IRM 6.800.2.4.1.5.2, Official POD Exception Requests, clarifies that a new or updated telework agreement is not required when an employee requests to telework beyond the 200-mile limitation from their official POD. Instead that information is captured on the electronic exception request submitted by the manager via the Official POD site. Clarifies that Bargaining Unit (BU) employees requesting the two-pay periods per calendar year reporting exception under Article 50, Subsection 1.A.2 of the National Agreement are also not required to submit an updated telework agreement for the temporary telework arrangement.

(47) IRM 6.800.2.4.1.5.3, Telework and Reasonable Accommodation, updates and provides guidance and links for the Reasonable Accommodation SharePpoint site and the Official POD SharePoint site. Moved to this subsection previously contained in IRM 6.800.2.3.1.3.3.

(48) IRM 6.800.2.4.1.5.4, Telework Arrangements Due to Hardship, updates and clarifies that arrangements due to hardship allows employees who meet and sustain telework eligibility requirements to telework (not to exceed 2 years) and that the 200-mile limitation is waived. Temporary telework arrangements due to hardship may be extended; however, under no circumstances will an employee be permitted to stay on a temporary arrangement for more than 2 years. Updates links and guidance to Temporary/Permanent Hardship and the Official POD SharePoint sites. Moved to this subsection previously contained in IRM 6.800.2.3.1.3.2 and formerly named Temporary Telework Arrangements Due to Hardship.

(49) IRM 6.800.2.4.1.6, Telework: Commuting and Travel, updates and streamlines guidance adding clarification that a request to report to the POD is not a termination of the telework arrangement. Moved to this subsection previously contained in IRM 6.800.2.4.7.

(50) IRM 6.800.2.4.1.7, Telework and Public Transit Subsidies, updates and streamlines guidance pointing employees to Public Transportation Subsidy Program (PTSP) for process guidance regarding PTSP. Moved to this subsection previously contained in IRM 6.800.2.4.8.

(51) IRM 6.800.2.5, formerly Emergency Telework has been renamed Telework During Weather or Other Safety-Related Conditions, provides updates in terminology to WSL, and clarifies that employees who are participating in a telework program and able to safely travel to and/or work safely at an approved telework location may not be granted WSL.

(52) IRM 6.800.2.5.1, formerly Preparing for Emergency Telework has been renamed Preparing for Weather or Other Safety-Related Conditions, and clarifies WSL policy for telework employees, including how to request WSL and communication requirements while on WSL.

(53) IRM 6.800.2.5.2, formerly General Requirements, content has been updated and consolidated with IRM 6.800.2.5.3, Office Operating Status Announcements. This subsection has been renamed Weather and Safety-Related Conditions Affecting the Telework Site and clarifies that telework employees are required to take reasonable steps to become telework-ready, and the manager may authorize travel during duty time to obtain the necessary work equipment or files to enable employees to become telework-ready. It also references the IRS Dismissal and Closure Procedures.

(54) IRM 6.800.2.5.3, formerly Emergency Operating Status Scenarios, has been renamed Office Operating Status Announcements, and clarifies when an emergency necessitates a change in an office’s operational status (for example, an office closure, delayed opening, open with option for unscheduled telework and unscheduled leave, early dismissal), employees will be officially notified of the change via IRS Emergency Information Hotline; AtHoc - Emergency Alert Notification System; an official email notification from the Senior Commissioner’s Representative, Administrative Officer, Site Coordinator (campus locations), and/or Office of Personnel Management (OPM) announcement.

(55) IRM 6.800.2.5.4, formerly Excused Absence Codes for Emergency Telework, is now consolidated in IRM 6.800.2.5.2, Weather and Safety-Related Conditions Affecting the Telework Site. This subsection has been renamed Telework, Mission Essential Functions, and Essential Supporting Activities which was previously located in IRM 6.800.2.5.2.2, Telework and Mission Essential Functions, and was updated to specify that employees designated by management to support essential supporting activities as a condition of employment (portable work), may be required to telework as needed during any interruption of operations and, if so, must have an approved telework agreement established. Further clarifies that each business unit designates which positions are portable or non-portable.

(56) IRM 6.800.2.5.5, Pandemic Planning, streamlines the guidance and refers to the IRM 10.6.6, Pandemic Plan Requirements, for additional guidance.

(57) IRM 6.800.2.6.1, Computers and IRS-Owned Equipment, was updated to remove guidance that only Frequent Teleworkers are permitted to take their desktop computers home for telework. Added guidance that the employee or manager must open an OS GetServices ticket to ensure all telework-related IT equipment issued for telework is returned from the telework location to the official POD, when an employee is removed from telework, either voluntarily or by the manager; downgrades their telework type (for example Frequent to Ad Hoc); or separates from the IRS.

(58) IRM 6.800.2.6.2, Security Requirements, streamlines the guidance and clarifies that employees cannot take IT equipment out of the country, unless authorized as part of official duties and approved through Cybersecurity. Removes the reference to Exhibit 6.800.2-1, Suitable Workspace Recommendations.

(59) IRM 6.800.2.6.3, formerly Privacy Act and Sensitive Data has been renamed Privacy Considerations and Sensitive Data; includes updates to clarify IRS employees are required to report data breaches involving SBU data, including PII and tax information, and all suspected security incidents, including any incidents of loss or mishandling of IRS IT resources and lost or stolen IRS IT assets and bring your own device (BYOD) assets, immediately upon discovery to their manager and the appropriate office based on what was lost, stolen, destroyed or disclosed. Previous guidance indicated reporting within one hour.

(60) Exhibit 6.800.2-1, Suitable Workspace Recommendations has been removed.

(61) Exhibit 6.800.2-2, Safety Checklist has been removed and incorporated into Telework Site Operations, IRM 6.800.2.3.4.

(62) Exhibit 6.800.2-3, Telework Websites has been removed and incorporated into Related Resources, IRM 6.800.2.1.6.

(63) Exhibit 6.800.2-4, Telework Training Resources has been removed.

(64) Exhibit 6.800.2-5, Telework Related IRS Policies has been removed and incorporated into Related Resources, IRM 6.800.2.1.6.

(65) Incorporates Interim Guidance Memorandum HCO-06-0223-0006, Interim Guidance (IG) for Emergency Telework (Weather and Other Safety-Related Conditions), dated May 25, 2023.

(66) Sections throughout this IRM have been reorganized, renumbered, and updated to simplify and/or clarify language, remove procedural information, refer to other sources for procedures, update organizational titles, references, hyperlinks, and terminology.

Effect on Other Documents

This IRM supersedes IRM 6.800.2 dated February 7, 2018, and incorporates Interim Guidance Memorandum HCO-06-0223-0006, Interim Guidance (IG) for Emergency Telework (Weather and Other Safety-Related Conditions), dated May 25, 2023.

Audience

All Business Units

Effective Date

(11-09-2023)

Traci M. DiMartini
IRS Human Capital Officer

Program Scope and Objectives

  1. Purpose: This IRM provides Servicewide policy and guidance for effective implementation and operation of the IRS Telework Program. Organizations within the IRS utilizing the telework program must ensure compliance with the provisions of this policy as well as fulfillment of applicable obligations from the National Agreement between the Internal Revenue Service (IRS) and National Treasury Employees Union (NTEU). Provisions of this policy may be supplemented by Human Capital Office (HCO) interim guidance. Read and interpret this policy in accordance with applicable laws (5 United States Code (USC)), governmentwide regulations, Treasury Human Capital Issuance System Directives and Orders, Comptroller General and Office of Personnel Management (OPM) Decisions, and other sources as appropriate.

  2. Audience: This IRM establishes parameters for using telework at the IRS and applies to all IRS business units. Bargaining Unit (BU) employees should also review negotiated agreement provisions related to subjects in this IRM. When there is a conflict in policy between the IRM and the National Agreement, the National Agreement prevails for BU employees.

  3. Policy Owner: The IRS Human Capital Officer.

  4. Program Owner: Human Capital Office (HCO), Office of HR Strategy (OHRS), Policy and Audits (P&A).

  5. Primary Stakeholders: Information Technology (IT), Labor/Employee Relations and Negotiations (LERN), Facilities Management & Security Services (FMSS), all IRS employees and managers.

  6. Program Objectives: To expand telework as technology allows and business needs dictate. Telework helps recruit and retain talented employees to serve our taxpayers and achieve mission-critical goals. Telework enhances work-life balance and supports the IRS Continuity of Operations Plan (COOP).

Background

  1. The Telework Enhancement Act of 2010 requires each federal agency to establish a policy under which eligible employees are authorized to telework. It also provides a statutory definition for telework; requires a written telework agreement between the employee and manager as a condition for participation in telework; and requires every agency to incorporate telework into their COOP plans.

  2. It is the practice of the IRS to provide employees with the opportunity to participate in telework when practical and consistent with the IRS mission. Telework should be offered broadly and equitably to employees and managers contingent on meeting eligibility standards. Use of the IRS Telework Program is encouraged for employees whose official duties are well suited for completion at an alternate worksite.

  3. Telework provides a means of responding to rapidly changing factors affecting today’s federal government and workforce demographically, socially and technologically. The benefits of telework include:

    • Increased employee productivity.

    • Increased employee job satisfaction.

    • Improved work-life balance.

    • Enhanced recruitment and retention, especially in critical occupations and positions.

    • Improved ability to continue IRS work in the event of a weather or other safety-related condition, including but not limited to severe weather events and pandemics.

    • Decreased use of WSL by telework-ready employees during weather or other safety-related conditions.

    • Reduced IRS rent, space, and transportation costs.

    • Expanded options for reasonable accommodation.

    • Supported environmental sustainability.

Authority

  1. This IRM has been developed in accordance with the following Acts of Congress, Executive Orders, agreements, Executive Branch regulations and policy requirements from the Department of the Treasury:

    1. The Telework Enhancement Act of 2010.

    2. Office of Management and Budget (OMB) Memorandum M-11-27, Implementing the Telework Enhancement Act of 2010: Security Guidelines (July 15, 2011).

    3. OMB Memorandum M-11-20, Implementing the Telework Enhancement Act of 2010 IT Purchasing Requirements (April 28, 2011).

    4. Presidential Memorandum: Enhancing Workplace Flexibilities and Work-Life Programs (June 23, 2014).

    5. OPM Memorandum CPM-2014-11, Enhancing Workplace Flexibilities and Work-Life Programs (August 22, 2014).

    6. Federal Continuity Directive 1 (FCD 1), Federal Executive Branch National Continuity Program and Requirements (January 17, 2017). References are found in Appendices G, I, and N in the directive.

    7. The 5 USC 6329c, Weather and Safety Leave, 5 CFR 531.603, Locality Pay Areas, 5 CFR 531.605, Determining an Employee’s Official Worksite, and 5 CFR Part 630, subpart P, Weather and Safety Leave.

    8. Treasury Telework Program (April 6, 2018).

Roles and Responsibilities

  1. The IRS Human Capital Officer is the executive responsible for this IRM.

  2. The HCO, OHRS, P&A office is responsible for developing, coordinating, updating and publishing the content in this IRM.

  3. The IRS Telework Program Office, in partnership with the business unit telework leads (refer to IRM 6.800.2.1.3.1 below), has the responsibility of overall program management and compliance.

  4. All IRS managers and employees share equal responsibility for ensuring a successful telework arrangement is implemented. Parties involved are encouraged to work together to develop telework arrangements that support the mission of the IRS with consideration for the specific needs of each work unit and the work-life balance of the employee.

Business Unit Telework Leads - Roles and Responsibilities
  1. All business units have a telework lead to support the individual needs of their business unit. The business units are responsible for designating a Business Unit Telework Lead as a representative on the IRS Telework Team. Leads serve as the liaison between the IRS Telework Program Office and the business unit, serving as the point of contact (POC) for business unit questions and concerns. Leads review telework data and policy requirements, using the Telework Dashboard (PeopleTrak) to monitor compliance and produce reports for business unit senior leadership as required. For a complete list of telework lead responsibilities, refer to Business Unit Telework Lead Responsibilities.

Manager Responsibilities
  1. All IRS managers must ensure a successful telework arrangement is implemented, and are responsible for:

    1. Designating all new employees for telework eligibility in HRConnect as either "Yes" for eligible or "No" for not eligible within the first 90 days of their enter-on-duty (EOD) date.

    2. Completing the required IRS Telework Training for Managers – Course 19413 in Integrated Talent Management (ITM), before approving their employees to become active teleworkers or approving changes to existing telework agreements.

    3. Ensuring employees under their supervision complete the required IRS telework training (course 61633 for BU employees or course 19393 for Non-Bargaining Unit (NBU) employees) in ITM before their employees become active teleworkers.

    4. Ensuring all teleworking employees have a signed and approved Form 11386, IRS Telework Agreement for Bargaining Unit (BU), or Form 11386-B, IRS Telework Agreement for Non-Bargaining Unit (NBU), prior to commencing telework.

    5. Carefully considering telework requests and responding (approve or deny) within 20 business days.

    6. Understanding that employees may apply for telework without fear of retaliation or adverse employee action as a consequence of making such a request.

    7. Maintaining a copy of the current telework agreement and other associated documentation for each employee in the Employee Drop File (EDF). Refer to IRM 1.4.50.3.1.2, EDF, for IRS policy.

    8. Retaining copies of telework agreements for one year after the end of the employee’s participation in the program to meet records management requirements as stated in the National Archives and Records Administration (NARA) approved records retention and disposition authority Document 12829, General Records Schedules (GRS) 2.3, Item 40, Telework/Alternate Worksite Program Case Files.

    9. Reminding employees periodically of the flexibilities (telework options) available to them, and meeting with telework employees once a year for the purpose of discussing, reviewing, and updating (if necessary) the Telework Agreement.

    10. Following requirements for any adjustments to an employee’s telework arrangement based on the type of request (such as exceptions to reporting to the official Post of Duty (POD) and hardships (temporary or permanent)).

    11. Ensuring all teleworkers report to their official POD at least twice per pay period for their full tour of duty (TOD).

    12. Properly certifying time and attendance (T&A) of teleworking employees. Managers have the ultimate responsibility to ensure their employees accurately report telework hours and mobile work hours. Additional hours worked (such as credit hours, compensatory time off and overtime hours) while on telework, must be reflected as separate telework entries, as well as any other T&A requirements (such as breaks) specific to a business unit or organizational area. Refer to IRS Source Timekeeping and Leave and Time and Attendance Reporting Guidance for additional information.

    13. Understanding and following IRS policies for WSL and ensuring that telework-ready employees are adhering to these policies as applicable. For guidance, refer to IRM 6.800.2.5, Telework During Weather or Other Safety-Related Conditions, IRM 6.630.4.5, Weather and Safety Leave, the National Agreement, Article 50, and the IRS Dismissal and Closure Procedures.

  2. Managers should refer to the Manager Responsibilities Related to Telework for a complete list of their responsibilities.

Employee Responsibilities
  1. IRS employees, along with managers, are responsible for ensuring a successful telework arrangement. Employees are expected to be informed about the program and know the applicable telework rules. Refer to the IRS Telework Portal website for policies, procedures, forms and tools.

  2. Employees participating in the IRS Telework Program are required to perform telework consistent with their Telework Agreement (Form 11386 for BU employees or Form 11386-B for NBU employees), the National Agreement, (for BU employees), and IRM 6.630.4.5, Weather and Safety Leave, (for NBU and BU employees where the National Agreement provisions do not conflict).

  3. The responsibilities of teleworking employees are:

    1. Completing the required IRS Telework Training for Employees (Course 61633 for BU employees or Course 19393 for NBU employees) in ITM. All teleworking employees are required to complete this training prior to teleworking.

    2. Submitting the required BU or NBU (as appropriate) telework agreement (Form 11386 for BU employees and Form 11386-B for NBU employees) that provides management with specific information regarding planned telework schedule, type of telework, contact information and address of the telework site(s). The NBU employees must choose between a Fixed or Flexible telework schedule as stated on the NBU telework agreement form. All teleworking employees are required to have an approved telework agreement prior to teleworking.

    3. Reporting to their official POD at least twice per pay period for their full TOD.

    4. Reporting to their official POD for regularly scheduled meetings, as required.

    5. Using online communication tools (such as meeting invites via Outlook calendar, instant messaging, webcams) determined by management to be useful in the performance of duties

    6. Understanding and following the IRS policy regarding teleworking during weather or other safety-related conditions. Refer to IRM 6.800.2.5, Teleworking During Weather or Other Safety-Related Conditions, IRM 6.630.4.5, Weather and Safety Leave, the National Agreement, Article 50, and the IRS Dismissal and Closure Procedures.

    7. Ensuring the "telework type" in the T&A system is the same as listed on their most recent approved telework agreement as reflected in the Telework Agreement Library.

    8. Accurately reporting T&A. Employees must submit their T&A in accordance with existing policy and appropriately code their hours spent teleworking. Refer to IRS Source Timekeeping and Leave and Time and Attendance Reporting Guidance for additional information.

  4. Employees should refer to the Employee Responsibilities Related to Telework for a complete list of their responsibilities.

Program Management and Review

  1. The Telework Enhancement Act of 2010 outlines responsibilities and expectations for policy guidance and reporting of telework. The IRS Telework Program Manager monitors effectiveness of the program through the review of participation rates and positive satisfaction ratings, and compliance with these policies is monitored by analysis of data-driven reports. In this regard, it is important that all telework data be captured correctly in all systems to include Telework Agreement/Denial Libraries, the T&A system, HRConnect and ITM.

    1. Telework Agreement Library - Electronic repository for telework agreements that meets the requirements to ensure that every teleworker has an approved telework agreement.

    2. Telework Denial Library - Electronic repository for telework denials and suspensions or terminations of telework.

    3. Time and Attendance System - Refer to IRS Source Timekeeping and Leave and Time and Attendance Reporting Guidance for more details.

    4. HRConnect - The Employee Telework Eligibility Designation field in Manager Self Service is required for managers to designate each employee's eligibility to apply for telework. Accuracy of this indicator is important because it provides the IRS with the total telework eligible population.

      Note:

      While there is a position eligibility designation field in HRConnect, OPM only requires the IRS to designate the employee eligibility.

    5. ITM - The completion data of required IRS telework training courses is obtained via ITM.

  2. Annual Review - The IRS Telework Program Manager will review the processes included in this IRM annually. This will include revisions as the telework regulations are periodically amended and as the IRS policies or procedures are changed.

  3. Telework Program goals include ensuring all active teleworkers have an approved IRS Telework Agreement uploaded in the Telework Portal library and all have completed the required IRS Telework Training.

Terms

  1. Ad Hoc Telework - Allows eligible employees to telework on a short term or occasional basis at the approved telework location (typically home). Refer to IRM 6.800.2.2.6, Telework Types, for additional information.

  2. Frequent Telework - Allows eligible employees to work from an approved telework location (typically home) and perform regular and recurring duties for more than 80 hours each month. Refer to IRM 6.800.2.2.6, Telework Types, for additional information.

  3. Home as POD (HaP) Program - Reserved exclusively for those employees whose POD has closed as part of an approved space reduction initiative and when the employee does not have access to another IRS POD within the commuting area. Employees in HaP maintain their telework site as their permanent official POD.

  4. Local Commuting Area - The geographic area that usually constitutes one area for employment purposes. It includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their usual employment location. Refer to the IRS Commuting Area Document for guidance.

  5. Locality Pay Area - The geographic area, as listed in 5 CFR 531.603, Locality Pay Areas, that determines the locality rate.

  6. Locality Pay Percentage - The percentage authorized for a locality pay area which is used to compute a locality payment (a locality rate may not exceed the rate of basic pay payable for level IV of the Executive Schedule).

  7. Locality Rate - A scheduled annual rate of pay (GS, IR, or LEO special base rate if applicable) plus any applicable locality pay percentage.

  8. Mobile Work (Field Work) - Work that is characterized by routine and regular travel each pay period to conduct work at a customer site or other worksite and separate from the telework site. Examples of mobile work include site audits, site inspections, investigations, property management, work performed while commuting, traveling between worksites, or work performed while on temporary duty (TDY). Typically, this applies to auditing and collection functions including the work performed by revenue agents, revenue officers, special agents, and other tax-related positions. Mobile work is NOT considered telework. Mobile workers who also have a signed telework agreement should follow guidelines listed in IRM 6.800.2.3.3, Telework Requirements as Related to Mobile Work.

  9. Official Worksite - The official location of the employee’s position of record, as determined in IRM 6.531.1.5.3, Determining an Employee’s Official Worksite (Official POD), and in accordance with 5 CFR 531.605, Determining an Employee’s Official Worksite. Also referred to as official duty station (ODS) and official POD and will be referred to as official POD throughout this IRM.

  10. Participating in a Telework Program - Participation in the IRS Telework Program is voluntary. An employee is participating in the Telework Program if they have an approved telework agreement and are approved to telework on a routine or situational basis (such as Ad Hoc, Recurring, Frequent telework). An employee who is participating in the program is subject to all requirements of the program and if BU, subject to all National Agreement provisions pertaining to teleworkers.

  11. Personally Identifiable Information (PII) - PII is any information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual. For more information, refer to IRM 10.5.1, Privacy and Information Protection, Privacy Policy, and the Personally Identifiable Information page in the Disclosure and Privacy Knowledge Base.

  12. Recurring Telework - Allows eligible employees to work from an approved telework location (typically home) and perform recurring work assignments for 80 hours or less per month. Refer to IRM 6.800.2.2.6, Telework Types, for additional information.

  13. Remote Work - An alternative work arrangement, separate from telework, by which an employee performs work at a pre-approved location without the requirement to report to an IRS worksite two days per pay period. The employee’s remote work location becomes their official POD and no secondary locations are permitted.

  14. Restricted Full-Time Telework - Full-time telework from an approved location, without the requirement to report to an IRS POD at least twice per pay period. The employee’s telework site becomes their official POD. Refer to IRM 6.800.2.2.6, Telework Types, for additional information.

  15. Satellite Office Site - A secondary IRS office that is not the employee’s assigned POD. If approved, the location of the satellite office site must be identified on the telework agreement prior to teleworking from that site.

    Note:

    Working in a satellite office site does not infer an official change to the teleworking employee’s assigned POD nor does it excuse the requirement to report to the assigned POD at least twice per pay period.

  16. Scheduled Telework - Routine (regular) telework for Frequent and Recurring teleworkers as specified and approved on the telework agreement. For Ad Hoc teleworkers, each instance of telework must be requested separately and approved, resulting in it becoming scheduled telework.

    Note:

    If any teleworker requests to modify the day(s) they are scheduled to telework and the request is approved by the manager, the teleworker is scheduled to telework on the modified day(s). Once an employee has requested and been approved to telework on a specific day or portion of a day, the request may not be rescinded without prior managerial approval.

  17. Sensitive But Unclassified (SBU) Data - SBU data is any information that if lost, stolen, misused, or accessed or altered without proper authorization, may adversely affect the national interest, the conduct of federal programs (including IRS operations), or the privacy to which individuals are entitled under the Privacy Act. For more information, refer to the Sensitive But Unclassified (SBU) Data page in the Disclosure and Privacy Knowledge Base.

  18. Telework - The Telework Enhancement Act of 2010 defines telework as a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.

  19. Telework Agreement - A written (hard copy or electronic) agreement, completed and signed by an employee and approved by their manager that outlines the terms and conditions of the telework arrangement. Refer to IRM 6.800.2.2.7, Telework Agreements, for additional information.

  20. Telework During Weather or Other Safety-Related Conditions - Unscheduled telework that is required to be performed by employees participating in the telework program during a weather or other safety-related condition. Refer to IRM 6.800.2.5, Telework During Weather or Other Safety-Related Conditions, IRM 6.630.4.5, Weather and Safety Leave, the IRS Dismissal and Closure Procedures, and for BU employees Article 50 of the National Agreement, for further information.

  21. Telework-eligible Positions - A broad range of IRS occupations eligible for each type of telework that include BU, NBU, management and executive positions. Eligibility determinations and approvals to telework must be made based on solid business reasons supported by either Article 50 eligibility criteria or the IRS telework policy and guidance AND must be applied equally to all employees with similar work requirements. Refer to IRM 6.800.2.2.1, Telework Eligibility Criteria, for guidance.

  22. Teleworker - An employee with an approved telework agreement who works at an approved telework location(s) other than their official POD. A teleworker may also be a mobile (field) worker (but not concurrently) and will record telework hours and mobile work hours separately in the T&A system.

  23. Telework Location/Site - Location away from the employee’s official POD that has been approved for the performance of officially assigned duties. It may be an employee’s home, a satellite office site or other approved location. Telework locations do not include other non-IRS government offices, taxpayer or customer sites, or training sites.

  24. Telework-ready - Those employees who have an approved telework agreement, necessary equipment and work files at the telework location (or transportable to the telework location) to perform required duties. Also applies to designated emergency and continuity essential employees. BU employees should refer to the National Agreement, Article 50 for the definition of telework-ready.

  25. Telework Types - Options available for telework:

    • Ad Hoc

    • Recurring

    • Frequent

    • Restricted Full-Time

    Note:

    Refer to IRM 6.800.2.2.6, Telework Types, for more details on telework type definitions.

  26. Unassigned Workspace - An unassigned workspace is a workstation or office that can be used by a Frequent telework employee when they report to the office. The employee may retain a file cabinet in the office if they have not been issued one for use in their telework location. Employees will not be issued duplicative equipment or furniture.

  27. Unscheduled Telework - Unscheduled telework gives employees who participate in the IRS Telework Program the ability to work from a management-approved telework location/site, on a non-scheduled telework day (such as a day not regularly designated for telework per the telework agreement).

  28. Weather and Safety Leave (WSL) - Paid leave provided under the authority of 5 USC Section 6329c, Weather and Safety Leave, to an employee only when they are prevented from safely traveling to, or safely performing work at, an approved location (including telework location/site) due to a weather or other safety-related condition. WSL is provided without 1) loss of or reduction in pay, 2) loss or reduction in leave to which the employee is otherwise entitled under law, or 3) loss of credit for time or service. Refer to IRM 6.630.4.5, Weather and Safety Leave, for additional information.

  29. Weather or Other Safety-Related Condition - An act of God, terrorist attack or another condition that prevents an employee or group of employees from safely traveling to or safely performing work at an approved location, including the telework location.

Related Resources

  1. Related IRS Telework Program resources include:

    1. IRS Telework Portal: Primary telework information website to guide employees and managers through the process of becoming a teleworker and sustaining the telework experience.

    2. Telework Mailbox: For direct contact with the IRS Telework Program Office.

    3. National Agreement between the IRS and the NTEU, Article 50, which specifies telework policies for BU employees as negotiated and other telework related articles, including Articles 11, 15 and 36 of the National Agreement.

    4. The National Agreement Resource Center provides BU information regarding telework as well as pass-through provisions regarding NBU employees.

    5. The IRS Dismissal and Closure Procedures consolidates IRS dismissal and closure policies and emergency telework provisions from the IRM and the National Agreement. The procedures provide information for any office operating status announcement scenario and an appendix of frequently asked questions for common situations.

    6. The IRM 6.630.4.5, Weather and Safety Leave: Provides IRS policy and guidance relating to weather and safety leave.

    7. Exceptions to Reporting to Official POD site and the manager-restricted Official POD site: Information regarding processes around requesting reporting exceptions to an official POD.

    8. PeopleTrak - Telework Dashboard: Assists managers in ensuring their teleworkers are in compliance with the telework rules.

    9. OPM Telework Site: Provides federal agencies with high-level telework support.

    10. The 2021 OPM Guide to Telework and Remote Work in the Federal Government outlines practical information to assist federal agencies in implementing telework and remote work.

Program Participation

  1. Participation in telework is voluntary. Telework is not an employee entitlement. It is the practice of the IRS to provide its employees with the opportunity to participate in telework when practical and consistent with the IRS mission. Telework should be offered broadly and equitably to employees and managers, contingent on meeting and sustaining eligibility standards. Use of the IRS Telework Program is encouraged for official duties that are well suited for completion at an alternate worksite.

  2. Approval for participation in the IRS Telework Program is within a manager’s authority and is not guaranteed for an employee. Telework may not be suited for all positions. The operational needs of the IRS are paramount. The mission of the IRS, roles and responsibilities of a particular office and the extent that the employee meets the eligibility requirements determine how often and to what extent telework is approved. Approval to telework must be based on legitimate business reasons as supported by the eligibility criteria in IRM 6.800.2.2.1, Telework Eligibility Criteria, or the National Agreement, Article 50, as applicable to BU employees, and must be consistently applied to all employees with similar work requirements. Managers should refer to those sources and, for NBU employees, consider any additional criteria that may be specific to the business unit. Any employee who is approved to telework must be designated as eligible for telework in HRConnect.

  3. Employees and managers should have a conversation about the employee’s telework participation. The IRS Telework Portal provides extensive information regarding the telework process and requirements.

  4. Entering a telework arrangement is voluntary unless required for the employee's position as a condition of employment for telework during emergencies. This may be specified by the position description or through other designation (such as, but not limited to, a designation of Emergency Response Staff or Business Continuity responsibilities). This designation should be reflected on the employee's telework agreement in the comments box.

  5. Telework does not alter the terms and conditions of employment, including an employee’s underlying rate of basic salary, benefits, individual rights or obligations. Matters regarding pay, such as a change in POD that affects locality pay, overtime, leave and travel entitlements, will be administered in accordance with current laws, rules and regulations. Telework shall not affect other conditions of employment (such as hours of work), unless specified in a written agreement.

  6. Participation in telework shall not affect an employee’s eligibility for receipt of awards, promotions, or any other condition of employment consistent with applicable law, OPM regulations, collective bargaining agreements, Treasury, departmental and IRS policies.

Telework Eligibility Criteria

  1. An employee is eligible for telework if they meet all the following criteria:

    1. Have been an employee of the IRS for at least 12 months (however, the manager may shorten this requirement on a case-by-case basis).

    2. Have a fully successful (or equivalent) annual performance appraisal. If the employee has worked more than 12 months and has not received a performance appraisal, they are assumed to be fully successful. If the employee is on a Performance Improvement Plan (PIP), they are not considered to be fully successful and are not eligible for participation in the IRS Telework Program until their annual performance appraisal reflects a fully successful level.

    3. Must not have any Telework Enhancement Act of 2010 violations.

    4. Have not received any disciplinary/adverse actions in the last 12 months that would negatively impact the integrity of the IRS Telework Program. Refer to IRM 6.800.2.2.2, Misconduct Associated with Telework, for guidance.

    5. Have not been officially disciplined on or after December 9, 2010, for being absent without leave (AWOL) for more than 5 days (at least 41 hours) in any one calendar year with the record of the discipline remaining in the Official Personnel Folder (OPF).

      Note:

      Employees receiving Alternative Discipline (AD) agreements in lieu of reprimands or suspensions are not approved to telework.

    6. Have not been officially disciplined on or after December 9, 2010, for violations of subpart G of the Standards of Ethical Conduct of Employees of the Executive Branch for viewing, downloading or exchanging pornography, including child pornography, on a federal government computer or while performing official federal government duties.

    7. Have not had, nor currently has, duties that have been changed due to a conduct investigation in which management has sufficient evidence of serious wrongdoing that would negatively impact the integrity of the IRS Telework Program. The employee will not be approved for telework pending resolution of the conduct investigation.

    8. Are at the journey or full working level of their position (for example revenue officer GS-11) or has been in the position for more than two years, whichever is less. However, the manager may decide to shorten this time frame on a case-by-case basis.

    9. Have a telephone (or capability to receive or make calls); a high-speed internet connection if the work being performed at the telework site requires IRS network connectivity; workspace suitable to perform work; utilities adequate for installing equipment; and a work environment that is generally free from interruptions and provides reasonable security and protection for government property. The cost of these will not be paid by the IRS. Government-furnished mobile hot spots will not be provided for the exclusive purpose to become telework-eligible. Telephone trained employees who are assigned incoming/outgoing calls using an automated telephone system must have high-speed internet through a wired connection, if determined necessary by their manager/management. Wired connection cables of up to 100 feet will be provided upon request.

  2. Employees must meet and sustain the IRS telework eligibility requirements to remain telework eligible.

Misconduct Associated with Telework

  1. Employees are not eligible to telework if they received any disciplinary or adverse action in the last 12 months "that would negatively impact the integrity of the IRS Telework Program." This 12-month period only applies to misconduct charges that are not related to AWOL (41 hours or more) or pornography as covered in the Telework Enhancement Act of 2010.

  2. Managers should discuss employee misconduct issues with their servicing labor relations specialist and consider this section to ensure employees are suspended and/or removed from telework as appropriate.

  3. For specific misconduct warranting denial, suspension or removal from telework, refer to Misconduct Issues that Warrant 12-Month Suspensions of Telework for IRS Employees. If an employee is disciplined for any issue on the list, they must be suspended from telework.

  4. For any misconduct infractions not specifically identified, the manager must review each disciplinary action on a case-by-case basis to determine if the employee’s misconduct negatively impacts the integrity of the IRS Telework Program. As management’s determination is grievable, the manager must be able to clearly articulate why they believe the employee’s misconduct negatively impacts the integrity of the IRS Telework Program. For more information, refer to Telework and Misconduct Guidelines for Managers, on the IRS Telework Portal.

  5. Management should revisit an employee’s telework arrangements if they become aware of a pending conduct investigation containing sufficient evidence of wrongdoing that negatively impacts the integrity of the IRS Telework Program.

Distance Limitations for Telework Locations

  1. The approved telework location must be within a 200-mile radius (straight line distance) of the employee's official POD. Employees must use a Distance Calculator (embedded link in the telework agreement) to ensure the telework location is within the 200-mile (address to address) limitation. It is not based on driving distance.

  2. Managers have discretion to approve exceptions to the 200-mile limitation for up to two pay periods per calendar year. Employee requests for exception must be in writing to their manager. Exception requests do not require a new telework agreement; however, managers must submit all reporting exception requests electronically on the manager-restricted Official POD site.

    1. The exception waives the requirement to report to the official POD as required per their telework agreement.

    2. The exception waives the requirement to be directed to the official POD due to special circumstances.

    3. The exception requires employees to use their own leave if unable to telework (e.g., power outage, weather or other safety-related condition).

Employee Telework Eligibility Designation

  1. Managers must make a designation of telework eligibility for every employee AND convey that designation to the employees. Managers must maintain telework eligibility designations for all employees in HRConnect Manager Self Service. If the eligibility designation in HRConnect is "No" , an employee may still request to telework contingent on meeting eligibility requirements.

  2. A manager should evaluate the full spectrum of telework options when considering an employee’s eligibility. For example, if an employee is at a minimum eligible for Ad Hoc telework, designate the employee as "Yes" in HRConnect. This is appropriate even when the employee is expected to work only on occasion with approval for each request, including working on short-term projects at a telework site, with or without a computer. A Telework Eligibility Designation Tutorial for managers is available on the IRS Telework Portal.

Required IRS Telework Training

  1. IRS telework training for both employees and managers participating in the IRS Telework Program is mandatory. An employee and their manager should tentatively agree to the employee's participation in the IRS Telework Program prior to taking IRS telework training.

  2. The required courses are only available on ITM. Managers and employees should select and complete the appropriate course and ensure training is recorded in ITM under Learning History via the Learning Module.

    • IRS Telework Training for Bargaining Unit (BU) Employees (Required) (Course 61633): The topics are aligned with Article 50 of the National Agreement.

    • IRS Telework Training for Non-Bargaining Unit (NBU) Employees (Required) (Course 19393).

    • IRS Telework Training for Managers (Required) (Course 19413).

    Note:

    Managers who may not be participating in telework themselves but supervise teleworkers must take IRS Telework Training for Managers (Required) (Course 19413).

  3. Existing teleworkers and managers are encouraged to re-take the telework training courses periodically to remain current on policy changes.

  4. Additional telework training courses may be available at Telework.gov or other government sites; however, those courses do not meet the requirement of completing IRS telework training.

Telework Types

  1. Ad Hoc - Allows eligible employees to telework on a short term or episodic basis at the approved telework location (typically home). Ad Hoc telework is not appropriate for repeat instances of telework over time and requires that an employee request and receive manager approval in advance of each instance of telework. A telework agreement is required; however, instances of Ad Hoc telework do not require the submission of a new telework agreement each time. The timing of the advanced notice, as part of the request process, should be agreed upon by the manager and employee and memorialized on the telework agreement.

  2. Recurring - Allows eligible employees to work from an approved telework location (typically home) and perform recurring work assignments for 80 hours or less per month. Recurring telework is appropriate for low hours (such as 8 hours of telework every pay period) of repeat telework. A telework agreement is required.

    Note:

    The hours specified above shall be prorated for part-time employees.

  3. Frequent - Allows eligible employees to work from an approved telework location (typically home) and perform regular and recurring duties for more than 80 hours each month. A telework agreement is required.

  4. Restricted Full-Time - Full-time telework from an approved location, without the requirement to report to an IRS POD at least twice per pay period. Reserved exclusively when required by law, regulation or negotiated agreement (for example Reasonable Accommodation (RA), temporary/permanent hardship, HaP Program) and requires executive-level management approval in accordance with the procedures for each of the programs and in conjunction with the Exceptions to Reporting to Official POD site and the manager-restricted Official POD, if applicable. The approved telework location becomes the employee’s official POD following policies found in IRM 6.531.1, Pay Under the General Schedule and IRS Payband System and in conjunction with the Official POD, if applicable.

    Note:

    Employees must ensure the telework type selected in the T&A system is the same as approved on their most recent approved telework agreement in the Telework Agreement Library. For employees who have approval for restricted full-time telework as defined above, the selection of Frequent telework type in the T&A system is appropriate.

Telework Agreements

  1. A telework agreement with both the employee’s and manager’s signature is required for all telework types and must be established before the employee starts telework.

    • All BU employees must submit Form 11386, IRS Telework Agreement for Bargaining Unit (BU) Employees, using the current electronic form (.pdf) or in hardcopy from the National Agreement to their manager for signature and approval. Form 11386 includes the acknowledgement of all Article 50 requirements.

    • All NBU teleworking employees are required to complete Form 11386-B, IRS Telework Agreement for Non-Bargaining Unit (NBU) Employees and submit a copy to their manager for signature and approval. Form 11386-B includes the acknowledgement of all telework policies and requirements as outlined in this IRM.

  2. The primary purpose of the telework agreement is to specify the terms and conditions of the telework arrangement between the voluntarily participating employee and their manager. An employee may not telework from a location that their manager has not yet approved (if it is not listed on the employee’s approved telework agreement).

  3. The employee's telework indicator in the T&A system and the number of telework hours routinely worked should match the type of telework (Frequent, Recurring, or Ad Hoc) listed on the telework agreement. Occasional, short-term deviations of telework hours worked do not require a change in the telework type or a new telework agreement, and the T&A telework indicator should not be changed. Caution should be taken when considering Ad Hoc telework. Ad Hoc is not for repeat instances of telework and is not regularly scheduled.

  4. Copies of approved telework agreements must be uploaded into the Telework Agreement Library located on the IRS Telework Portal. All prior versions of the employee’s telework agreement and other supporting documentation must remain in the employee’s telework record on the IRS Telework Portal. The information on the agreement may be used in administrative or judicial proceedings affecting the employee’s personnel rights. Managers or their proxies must, at a minimum, retain a copy in the EDF and ensure that the employee is provided a signed copy. Copies of telework agreements in the library may be requested by using the Telework Agreement or Telework Denial Request Form.

    Note:

    Managers must maintain copies of telework records for at least one year after the employee leaves the IRS Telework Program or leaves the IRS, as required in Document 12829, GRS 2.2, Item 080, Supervisors’ Personnel Files.

  5. All telework agreements must be reviewed, at a minimum, annually and updated if needed. Information on the telework agreements must always be current, including the address of the approved telework location.

  6. A new telework agreement is required when a teleworking employee requests to change the type of telework (such as Recurring to Frequent), if there has been a significant change in their job duties, change in their BU status, or the address of their approved telework location has changed. A copy of the approved updated agreement must be provided to their business unit telework lead for uploading into the library. Pen-and-ink updates to an existing agreement are acceptable for other changes (such as name change, change in telephone number).

  7. The business unit telework lead can provide managers with information regarding telework agreements posted to the Telework Agreement Library or the Telework Denial Library and retrieve copies upon request. Every teleworker and their manager must retain a copy of the most recent telework agreement for their records.

Denial of Telework Agreement Requests

  1. If the employee is designated in HRConnect as "Yes" (eligible) to apply for telework but does not meet telework policy eligibility requirements, that request must be denied. Managers must work closely with their servicing labor relations specialist when considering a denial for telework.

  2. Denial of telework must be based on one or more valid business reasons that are aligned with the eligibility requirements. Examples include, but are not limited to:

    1. Nature of work is not suitable for telework (for example, requires regular face-to-face contact with customers daily or handles highly sensitive documents that may not be transported to the telework location). Refer to IRM 10.5.1.2.9, High Security Items.

    2. Employee's telework location exceeds the 200-mile radius from their official POD (absent an approved exception). Refer to IRM 6.800.2.2.3, Distance Limitations for Telework Locations, for guidance on how to request and gain approval for an exception.

    3. Employee does not have high speed internet at the telework site.

    4. Employee does not have a suitable telework location to perform work.

    5. Employee fails to secure an approved telework agreement prior to teleworking.

    6. Employee does not take the mandatory IRS telework training.

    7. Employee is not able to make and receive telephone calls at the telework site.

    8. Employee’s current performance rating is less than fully successful or equivalent based on the most recent appraisal, or the employee is currently on a PIP.

    9. Employee has not completed 12 months of service at the IRS (may be shortened by the manager).

    10. Employee is not at journey or full working level (may be shortened by the manager).

    11. Employee has, in the last 12 months, been officially disciplined for an infraction that would negatively impact the integrity of the IRS Telework Program (managers must work with their servicing labor relations specialist to evaluate this condition prior to approving a telework agreement). Refer to IRM 6.800.2.2.2, Misconduct Associated with Telework, for guidance.

  3. In compliance with the Telework Enhancement Act of 2010, managers must deny a telework agreement if the employee has official disciplinary actions for:

    1. Being AWOL for more than 5 days (41 hours) in any one calendar year, if the record of the discipline remains in the OPF, and the misconduct occurred on or after December 9, 2010.

      Note:

      For AD agreements in lieu of reprimands or suspensions, the employee will still not be approved to telework.

    2. Violating the Standards of Ethical Conduct of Employees by viewing, downloading or exchanging pornography, including child pornography, on a federal government computer or while performing official federal government duties. This infraction is a permanent denial of telework if the misconduct occurred on or after December 9, 2010.

    Note:

    Managers must contact their servicing labor relations specialist for guidance on any of the above infractions. For more information, refer to Telework and Misconduct Guidelines for Managers on the IRS Telework Portal.

  4. Managers may deny a telework agreement when:

    1. Due to staffing issues, an employee who otherwise has portable duties must provide on-site office coverage.

    2. Teleworking will result in severe work interruption, insufficient office coverage, lack of appropriate security/equipment or when the nature of the work otherwise precludes participation.

      Note:

      Denial of telework agreements based on either a) or b) above may be temporary and the restriction lifted when appropriate.

  5. For additional information regarding BU denials, managers should also consult the National Agreement, Article 50, Eligibility.

  6. Before a manager makes any determinations on denying telework, changing the conditions of the telework arrangement or revoking an existing telework arrangement, they should contact their servicing labor relations specialist.

  7. Managers will find instructions for denying a telework agreement on the IRS telework agreement and on the IRS Telework Portal. If a telework request is denied, the manager will provide a written explanation to the employee within 20 business days as to why the employee cannot participate in the IRS Telework Program. Copies of telework denials must be uploaded by the manager/proxy into the Telework Denial Library.

  8. A management decision to deny an employee’s telework request may be subject to dispute resolution or grievance. All BU employees must refer to Article 50 in the National Agreement between the IRS and NTEU for dispute resolution procedures. An NBU employee whose request is denied may pursue the matter through the Agency Grievance System as outlined in IRM 6.771.1, Internal Revenue Service (IRS), Agency Grievance Systems (AGS).

  9. When an employee is denied telework, the Employee Telework Eligibility Designation indicator in HRConnect must be set to "No." In addition, the employee’s telework indicator in the T&A system must be set to "Does Not Telework."

Termination of Telework

  1. Telework agreements may be suspended, modified or terminated by either the employee or manager as specified below.

  2. When an employee permanently ceases to telework for any reason, all IRS-furnished equipment specifically provided for telework may not remain at the telework location and must be returned to the official POD as below:

    1. For IT equipment (such as multi-functional device printers), the employee/manager must put in an OS GetServices ticket under "My Technology." Equipment may also be turned in at IT Walk-In Centers.

    2. Submit a request in Business Entitlement Access Request System (BEARS) to remove remote access (such as ERAP or other current remote access software), unless required to perform official duties.

    3. Go to OS GetServices to resume/adjust the transit subsidy if needed. Refer to IRM 6.800.2.4.1.7, Telework and Public Transit Subsidies for information regarding transit subsidy.

    4. For file cabinets, upon an employee’s separation from Frequent telework, the employee must input an OS GetServices ticket for "Non-IT Property Disposals" to request a determination regarding their file cabinet. The employee's assigned FMSS territory property officer will determine if the cabinet may be returned for reuse or is excess IRS personal property. If the cabinet is determined as excess, it will be abandoned in-place in accordance with Federal Management Regulation (FMR) 102-36.35 and IRM 1.14.4, Personal Property Management. Abandonment of federal excess and surplus personal property must be fully documented to establish a clear audit trail. Documentation is contained in FMSS SOP-19-006, Furniture Acquisition and Disposal for Approved Frequent Telework / Home as POD (HaP) Arrangements, found on FMSS Policies and Procedures.

Management Initiated Modification, Suspension or Termination of Telework Arrangements
  1. Managers may modify, temporarily suspend or terminate a telework arrangement. Decisions must be made by the manager on a case-by-case basis and must be based on telework policy, business needs, employee misconduct or employee performance. Telework is not an employee entitlement, even if the employee is considered eligible by IRS standards.

  2. Modifications may occur when an employee’s duties change or if the employee with portable duties is temporarily being required to provide on-site office coverage due to staffing shortfalls or other business requirements.

  3. Suspensions and terminations are more serious in nature and may be temporary (suspensions) or permanent (terminations). Refer to IRM 6.800.2.2.8, Denial of Telework Agreement Requests, that outlines the most serious infractions for denial of telework, which apply identically for suspension or termination of telework agreements. Reasons to suspend or terminate a telework arrangement include but are not limited to:

    1. Employee falls below minimum eligibility requirements. Refer to IRM 6.800.2.2.1, Telework Eligibility Criteria.

    2. Employee fails to comply with their telework agreement.

    3. Employee fails to communicate with managers, co-workers and/or customers.

    4. Employee is Issued a PIP and/or intent to deny a within-grade-increase.

    5. Employee's performance declines, and the decline can be reasonably attributed to working on telework (such as reduction in a mid-year or end-of-year appraisal).

    6. Employee is issued a leave restriction letter.

    7. Employee’s duties have been changed due to a conduct investigation in which management has sufficient evidence of serious wrongdoing that would negatively impact the integrity of the IRS Telework Program (for example, the employee is suspended pending resolution of the conduct case).

    8. Employee receives final disciplinary or adverse action based on conduct that negatively impacts the integrity of the IRS Telework Program. Refer to IRM 6.800.2.2.2, Misconduct Associated with Telework.

    9. Employee fails to report to the assigned POD at least twice for the full day each pay period, or as a mobile worker where the work location varies on a recurring basis, fails to regularly perform work within the locality pay area.

    10. Employee refuses a worksite inspection designed to ensure that information systems and sensitive information procedures are in place at the alternate worksite. Refer to IRM 6.800.2.3.4.1, Face-to-Face Meetings at a Home Office.

      Note:

      If any of these items occur, the manager will immediately cancel the employee’s telework arrangement and the employee must surrender all IRS-provided equipment and return it to the appropriate office setting. Refer to IRM 6.800.2.2.9, Termination of Telework

      .

  4. If an employee has been granted telework as an RA, the manager should not assume that a less than fully successful performance rating automatically leads to a suspension from telework. Managers should consult a reasonable accommodation coordinator for guidance. For more information on RA, refer to Equity, Diversity, and Inclusion (EDI) Disability Branch.

  5. Before a manager makes any determinations on changing the conditions of the telework arrangement or revoking an existing telework arrangement, they should contact their servicing labor relations specialist.

  6. Termination or suspension of telework agreement must include a written justification provided to the employee, a copy of which must be uploaded to the Telework Denial Library by the manager/proxy. The manager must also contact the business unit telework lead to update the employee’s existing telework record.

Employee Initiated Modification or Termination of Telework Arrangements
  1. Employees may generally request to modify or terminate their telework arrangement by submitting written notice to their manager at any time. Frequent teleworkers have additional expectations as outlined in (2) below.

    1. Temporary telework modifications to telework days or in-office days (such as training requirements, telework site becomes unavailable) may be made and do not require a change in telework agreement or adjustment to the T&A telework indicator.

    2. Any permanent modification that changes the type of telework arrangement (such as Ad Hoc to Recurring) will require a new telework agreement and update of information in the T&A system. In all cases, a copy of any update to an agreement must be added to the employee’s existing telework record in the Telework Agreement Library on the IRS Telework Portal by the business unit telework lead. All prior versions of the employee’s telework agreements and other supporting documentation must remain in the employee’s telework record in the library. Refer to Document 12829, GRS 2.3, Item 40, Telework/Alternate Worksite Program Case Files, for handling superseded telework agreements and documents.

    3. Termination or modification of telework arrangements by employees will take effect the first day of the following pay period.

  2. For Frequent teleworkers (in addition to the above):

    1. Employees who choose to work Frequent telework should be prepared to continue for a period of at least 12 months given the impact it could create by returning to the office and requiring office space.

    2. Those who wish to terminate their telework arrangement and subsequently return to work in their official IRS POD, will normally provide their manager with a 30-day advance notice of the change, except in emergency situations such as the loss of space in the home, security reasons or lack of equipment.

    3. The IRS will make reasonable efforts to accommodate the employee's needs. Employees returning to IRS offices under these circumstances must recognize that the equipment and workstations made available by the IRS may not immediately be the same as they had prior to participating in the IRS Telework Program.

  3. For information on how to return IT equipment, refer to IRM 6.800.2.2.9, Termination of Telework.

Other Requirements for Approved Teleworkers

  1. Employees who are approved for Telework may have additional requirements and should refer to the following subsections, as appropriate.

Remote Access to the IRS Network

  1. Employees must be able to access the IRS network from their approved telework location. To gain access, employees must request appropriate access (such as ERAP or other current remote access software) in the Business Entitlement Access Request System (BEARS).

  2. Further information may be found at ERAP.

Equipment

  1. For all approved teleworkers, managers must carefully ensure that all equipment requests made by employees are required to accomplish their job. The manager must also determine whether such equipment requests are appropriate based on telework policy in this IRM or, for BU employees, the National Agreement, Article 50, as applicable.

    1. All equipment requests will be provided within 30 days of the request contingent on budget, with the understanding that if not provided within 30 days, they will be provided as soon as possible thereafter.

    2. Employees will not be provided duplicative equipment or furniture for the purposes of teleworking. Equipment provided for the purposes of mobile work does not constitute duplicative equipment. Employees who are issued Americans with Disabilities Act furniture should work with EDI regarding the parameters for equipment issuance.

    3. Equipment provided for use in the official POD may not be removed for use in a telework site, except for certain peripheral computer equipment (such as cable locks, docking station, mouse, keyboard or monitor) unless otherwise authorized.

  2. All teleworkers will use an IRS-owned computer that was provided to them before being approved for Telework. Refer to IRM 6.800.2.6.1, Computers and IRS-Owned Equipment, for additional details.

  3. The capability to make outgoing and receive incoming calls via IRS-provided technology (such as Cisco Jabber, Softphone, Microsoft Teams or other technology as available).

  4. While giving full support to teleworkers as they execute the mission of the IRS, it is also understood that the IRS will not make additional equipment/technology/furniture purchases for the sole purpose of facilitating telework.

  5. Employees approved for Frequent telework will be provided (if requested):

    1. A lockable file cabinet purchased by the IRS. Managers should follow FMSS SOP-19-006, Furniture Acquisition and Disposal for Approved Frequent Telework/Home as POD (HaP) Arrangements, to request a file cabinet.

    2. Equipment/technology to afford the capability to print, scan, fax and/or copy if the manager determines it is needed for the employee to perform their job duties.

    Note:

    Should the equipment provided to the employee become inoperative, it will be repaired or replaced as soon as practicable.

  6. Employees approved for Recurring telework will be provided (if requested):

    1. A lockable file cabinet purchased by the IRS. Managers should follow guidance above in 5(a) to request a file cabinet.

    2. Equipment consistent with that of Frequent teleworkers if approved by the manager and if the employee regularly performs a combination of telework and field-based assignments (such as mobile workers) for 80 or more hours each month.

  7. Employees approved for Ad Hoc telework will not be provided any additional equipment and must be able to complete the assigned work at the telework site using the equipment provided for their normal job duties.

  8. For all equipment needs, managers and/or employees should contact OS GetServices.

Telework Requirements as Related to Mobile Work

  1. Mobile work (field work or field agent work) is characterized by routine and regular travel each pay period to conduct work at a customer site or other worksite separate from the official POD or telework site. The employee generally performs work in the same locality pay area as their IRS official POD. Typically, this applies to audit, collection, and investigative-type functions including the work performed by revenue agents, revenue officers, and special agents. Other examples of mobile work include site audits, site inspections, investigations, property management, work performed while commuting, traveling between worksites, or TDY.

  2. Mobile work is not synonymous with telework.

  3. Mobile workers may also request telework. Approval is contingent on meeting existing telework eligibility criteria.

  4. Mobile workers who are also teleworkers are excused from reporting to their official POD if they regularly perform work within their locality pay area. However, mobile workers are required to report to their POD at least twice per pay period if they do not perform mobile work during that same pay period.

  5. Mobile workers who are also teleworkers must ensure that telework hours, in-office hours and mobile work hours are recorded separately when inputting their T&A. For BU employees, refer to the National Agreement, Article 11.

Telework Site Operations

  1. Employees who are approved to telework are responsible for establishing a home/remote office that provides a suitable space, furniture and layout to conduct work. Requirements will vary depending on the nature of the work and equipment needed. This includes being mindful of basic safety recommendations for the home office. Refer to IRS Remote Office Safety Checklist.

  2. The IRS has established guidelines and policy on the issuance and use of government-owned equipment, furniture and office supplies. Employees and managers must work with IT support staff to ensure IT equipment complies with IRS policy on information systems and computer security. This includes the protection of sensitive files and documents needed for work.

  3. The IRS will provide equipment and furniture as described in IRM 6.800.2.3.2, Equipment; however, the IRS will not provide duplicative equipment or any additional office furniture, space alterations or any physical setup except as required to be provided on a case-by-case basis. Refer to IRM 1.20.2, Equity, Diversity and Inclusion, Providing Reasonable Accommodation for Individuals with Disabilities, for additional information.

Face-to-Face Meetings at a Home Office
  1. Management has the right to meet with employees to give assignments and to review work as necessary at either the official POD, approved telework location or a mutually agreed upon site. To ensure that information systems and sensitive information procedures are in place, management also has the right to conduct a home office inspection per these conditions:

    1. A minimum of 48 hours advance notice must be given before management may inspect the employee's home worksite except in cases of emergency or similarly extraordinary cause. In all cases, as much notice as possible will be given. Such inspections should be conducted during the employee's normal working hours.

    2. If the employee refuses a worksite inspection, the manager may immediately cancel the employee's telework arrangement, and the employee must surrender all IRS-owned equipment issued for telework purposes and return to the official POD.

  2. Work-Related Meetings at the Home Telework Site - For the protection of the employee, under no circumstance should an employee working in a home office telework location meet with or disclose their home location to a taxpayer or any other non-IRS person with whom the employee has a professional connection. This also includes avoiding any situation where a face-to-face meeting at the telework location could be interpreted as a violation of work standards, ethics or conduct (for example actions that are prohibited at an office are also prohibited at a telework location). Employees faced with situations such as this should consult with their manager for assistance in finding a suitable alternate location to hold a meeting.

  3. Work-Related Meetings away from Home Telework Site - For all other work-related meetings not in the home telework location, employees should continue to follow IRM and other formal guidance specific to their occupation regarding the location of taxpayer/representative meetings.

Requirements Regarding Remote Access from Non-United States Locations
  1. In general, employees may not telework outside the boundaries of the United States or its territories. Refer below for requirements should such work or travel be required by the business unit.

  2. When outside the United States or its territories, IRS employees shall only be permitted to remotely access IRS networks from a U.S. government facility or network.

  3. Employees of the IRS shall not remotely access IRS networks from foreign Internet Service Providers (ISPs) (such as hotels, internet cafes, or private residences).

  4. When outside the United States or its territories, IRS employees shall not be permitted to remotely access IRS networks using wireless technology including broadband cellular wireless services.

    1. Wireless services shall be disabled; and

    2. Wireless cards shall be physically removed, where possible.

  5. Laptop users shall refer to IRM 10.8.1, Information Technology (IT) Security, Policy and Guidance, and IRM 10.8.26, Information Technology (IT) Security, Wireless and Mobile Device Security Policy, for additional guidance.

  6. Any remote access from an international location must be approved and processed through IT Cybersecurity to ensure all safety and security protocols are followed.

Workspace
  1. Employees should be aware of their environment as they conduct business at their telework location. When establishing a home office, employees should evaluate the nature of their work and the level of sensitivity around the information they handle on a day-to-day basis. Refer to IRM 6.800.2.6.3, Privacy Considerations and Sensitive Data. Teleworking employees should adhere to the following guidelines. Individual office practices may supplement this information. Teleworking employees have a responsibility to safeguard SBU data (including PII and tax information).

  2. Teleworking employees should:

    1. If possible, set their home office designated workspace apart from the rest of the house, ideally with a door that can be secured.

    2. Avoid frequent interruptions or working within listening distance of others. Refer to IRM 11.3.1, Disclosure of Official Information, Introduction to Disclosure.

    3. Follow and apply the requirements in IRM 10.5.1.5.1, Clean Desk Policy, which apply to data left out in work areas, credenzas, desktops, fax, copy machines and in/out baskets. When away from the desk, secure SBU information in a locked room, locked file cabinet or a locked desk to alleviate potential risks of exposure to non-IRS personnel, such as family members. Refer to IRM 10.5.1, Privacy and Information Protection, Privacy Policy, for additional information.

    4. Whenever possible, conduct telephone conversations in private settings or in locations that minimize background noise or the potential for eavesdropping. Restrict telephone calls that include audible SBU data to within a closed office environment or out of the listening range of others. Refer to IRM 10.5.1.6.7.1, Cell Phone or Cordless Device.

  3. For more information on suitable workspace and proper privacy and security practices associated with SBU information, refer to IRM 6.800.2.6.2, Security Requirements; IRM 10.5.1, Privacy and Information Protection, Privacy Policy; IRM 10.8.1, Information Technology (IT) Security, Policy and Guidance; IRM 11.3.1, Disclosure of Official Information, Introduction to Disclosure; and the Privacy & Disclosure Virtual Library.

Home Utility Expenses
  1. The IRS assumes no responsibility for any operating costs associated with an employee using their personal equipment and residence as an alternate worksite. This includes home maintenance, insurance, utilities, telephone lines, high speed internet connection, etc.

Home Office Tax Implications
  1. Employees are responsible to timely file and accurately report their taxes. Employees are responsible for researching any tax implications associated with a home office. Refer to Employee Tax Compliance. For more information and limitations, refer to Form 8829, Expenses for Business Use of Home, and Publication 587, Business Use of Your Home, available at IRS.gov.

Office Supplies
  1. Employees participating in the IRS Telework Program will be provided general office supplies (such as paper, pens, toner cartridges) per IRS telework policy and as needed to perform official duties. Employees should use standard office procedures to acquire office supplies.

  2. Teleworking employees are responsible for maintaining and transporting their office supply stock to their telework site. Government furnished office supplies will not be mailed to the telework location and must be picked up during the required twice per pay period reporting time to the employee’s official POD.

  3. Employees who meet the criteria for Restricted Full-Time telework with the exemption to report to the official POD twice per pay period (for example RA, temporary/permanent hardship, or HaP approval) may have office supplies mailed to their approved telework location. Refer to IRM 1.14.2, Supply Purchasing Program.

Mail
  1. IRS’s mail management program provides that an IRS facility mail room will be the focal point for all incoming and outgoing mail.

  2. All Frequent teleworkers must have a designated, secure area at their official POD for mail. This will allow the employee to pick up their mail during the required twice per pay period reporting time to the employee’s official POD.

  3. Teleworking employees should plan to send mail on the days they report to their official POD or another IRS location. Due to security and disclosure concerns, mailing official correspondence from an employee's residential mailbox is strictly prohibited.

  4. Official taxpayer correspondence must be sent via U.S. Postal Service (USPS). Employees must deposit the mail at the post office or USPS drop box, using an IRS office address as the originating address. Official correspondence (such as with a taxpayer) must never be received at any location that is not an IRS office.

  5. The USPS is the primary carrier for all correspondence between the IRS and the public. Refer to IRM 1.22.2, United States Postal Service (USPS) Classes of Mail, USPS Additional Services and Small Package Carrier (SPC) Services. If necessary to ship packages while teleworking, the employee must transport outgoing mail to an IRS facility, deposit it in a secure USPS receptable or hand-delivered to a clerk at a USPS walk-in counter using an IRS office address as the originating address. Refer to IRM 1.22.5, Mail and Transportation Management, Mail Operations and IRM 10.5.1, Privacy and Information Protection, Privacy Policy, for shipping procedures for personally identifiable information.

  6. Managers will be notified of inappropriate and/or misuse of mail funds and/or services.

  7. For approved Restricted Full-Time telework arrangements (for example RA, temporary/permanent hardship, or HaP) where the provisions of the approval include an exception to reporting to the official POD, refer to IRM 1.22.5.11.1, Home as Post of Duty (HaP) Employees; IRM 1.22.5.11, Guidance on Telework, Employee Mail; IRM 1.22.5.12, Processing Outgoing Mail; IRM 1.22.1, Mail and Transportation Management Overview; and IRM 1.22.4, Postage Accountability and Reporting Requirements, for further guidance on the IRS mail policy.

Program Administration

  1. In general, rules for employees when teleworking are no different than when they work in the official POD; however, special attention must be paid to the requirements to telework during weather or other safety-related conditions. For more information, refer to IRM 6.800.2.5, Telework During Weather or Other Safety-Related Conditions.

Telework Compliance

  1. The IRS fully supports telework; however, participation is voluntary and remains an employee benefit, not an entitlement. Employees and managers must ensure that all telework eligibility requirements are met prior to approval and sustained throughout the employee’s telework experience. Teleworking employees who fail to meet and sustain telework eligibility standards will be evaluated for suspension/removal from telework.

  2. Refer to Critical Compliance Factors for additional information.

Tours of Duty, Time and Attendance, Leave
  1. The governing rules, regulations and policies concerning TOD, T&A, leave, work schedules, compensatory time off, overtime and similar scenarios remain unchanged for telework arrangements. Existing laws in Title 5 of the USC and the Fair Labor Standards Act (FLSA) apply to telework arrangements.

Tours of Duty and Work Schedules
  1. Employees are in a duty status when teleworking. They are expected to have the resources necessary to do their jobs and to concentrate on official duties without interruption.

  2. Employees will work the same approved TOD and work schedule at their telework location, or approved alternate site, as they do in their official POD.

  3. Employees may work any work schedule (for example, flexitour with credit hours, gliding, maxiflex, 4/10, 5/4-9) allowed for their positions as defined in IRM 6.610.1, IRS Hours of Duty, and that are offered by their respective organizations and approved by their managers. For BU employees, these work schedules are also subject to the terms of the National Agreement, Article 23.

Time and Attendance
  1. Employees must accurately submit or input their T&A in accordance with existing policy. Employees must ensure that their telework hours meet the criteria for the type of telework they selected and that was approved by their manager on their telework agreement (for example, Frequent telework is consistently more than 80 hours a month) and that their mobile work hours, if applicable, are coded appropriately. Managers must certify employee submissions. Refer to IRS Source Timekeeping and Leave, IRM 6.630.1, IRS Absence and Leave, IRM 6.630.4, Administrative Leave, Investigative Leave, Notice Leave, and Weather and Safety Leave, and Time and Attendance Reporting Guidance for additional information.

  2. Policies for leave administration, holidays, alternative work schedules (AWS), credit hours, overtime and compensatory time off, and so on are no different for employees who are teleworking than for those physically working in the official POD.

    Note:

    Credit hours, overtime and compensatory time off earned while teleworking do not count towards the 80-hour threshold for Recurring telework, but they are recorded in the T&A system as telework hours.

Leave
  1. Regulations regarding leave remain unchanged under the IRS Telework Program. Leave must be requested and approved in advance and in accordance with existing laws, regulations, IRS policies, and business unit procedures. Refer to the IRM 6.630 series for additional leave guidance. For BU employees, refer to the National Agreement, as appropriate.

  2. Refer to IRM 6.800.2.5.2, Weather and Safety-Related Conditions Affecting the Telework Site, to learn about leave implications for teleworkers during weather or other safety-related conditions.

Performance Standards and Expectations
  1. Performance evaluations are based upon the same criteria for teleworkers and non-teleworkers, and employees participating in the telework program should have no higher or lower performance expectations than do those who are not participating.

  2. An employee on telework is held equally accountable for the rules of conduct, performance standards, T&A, ethics and all other IRS policies and regulations applicable to their position.

  3. The IRS places a high premium on ethical standards and expects employees to conscientiously perform their duties at all times. All standards governing ethical behavior remain in effect regardless of how, where or when the work is performed.

Dependent Care
  1. Telework provides employees the flexibility to better manage work, family and personal responsibilities. Telework may not be used as a substitute for childcare, daycare, eldercare or any other type of dependent care.

  2. Employees with a telework agreement are permitted to telework with dependents/family at the telework site. However, any interruptions or time spent giving care to such individuals during the employee’s TOD will not be considered hours of work. The employee is expected to account for such non-work hours as soon as practicable with appropriate leave (paid or unpaid) or other paid time off (for example, annual leave, leave without pay (LWOP), previously earned compensatory time off or previously earned credit hours).

  3. In the event the level of care needed for a dependent prevents or disrupts work accomplishment, teleworkers should notify their manager as soon as possible and request appropriate leave or other paid time off to perform dependent care responsibilities. Failure to comply with this policy, or diminished performance, could result in termination of the telework agreement.

  4. Temporary hardship telework arrangements may be requested to support family care. Refer to IRM 6.800.2.4.1.5.4, Telework Arrangements Due to Hardship, for guidance.

Workers’ Compensation (Employee Injury/Illness Claims) and Other Federal Claims
  1. Employees are covered under the Workers’ Compensation Program regardless if they are in the official POD or at the approved telework site. Teleworking employees who are injured at the telework site must immediately inform their manager. For more information, go to IRM 6.800.1, Employee Benefits, Workers’ Compensation Program. Questions regarding workers' compensation coverage, benefits and claim filing procedures should be directed to the IRS Workers' Compensation Center.

  2. Employees who are within the scope of their employment at the time of any incident that causes injury, damage or death to a third party are generally provided liability protection through the Federal Tort Claims Act (FTCA), 28 USC Section 1346(b), 2671-2680. An employee, who through no fault of their own, incurs loss or damage to personal property that occurred during the performance of their official duty, may seek recovery under the Military Personnel and Civilian Employee Compensation Act (MPCECA), 31 USC Section 3721, and implementing regulations found at Treasury Directive Policy 32-13. For additional information and requirements for claims, refer to Tort Claims and Military Personnel and Civilian Employees Claims Act.

Pay Issues, POD, and the Requirement to Report to POD Twice per Pay Period
  1. For an employee who teleworks from an alternate worksite (such as their home), the employee’s official POD for locality pay purposes remains the location of their ODS as documented on their SF-50. Any locality pay rate, wage rate or special rate entitlement is based on the employee’s official POD. Refer to IRM 6.531.1, Pay Under the General Schedule and IRS Payband System.

  2. All telework employees must report to their official POD at least twice per pay period for their full TOD unless meeting an exception as outlined below in IRM 6.800.2.4.1.5(6) below.

  3. If an employee is approved for leave on their in-office day, or the in-office day falls on a holiday or in-lieu of holiday, the requirement to report for that day is satisfied. Employees should not regularly be scheduling leave on their in-office day to circumvent reporting requirements.

  4. If an employee has reported to their official POD for less than their full TOD and is on approved leave for the remainder of their TOD, the requirement to report for that day is satisfied.

  5. Any teleworker who cannot meet the twice per pay period reporting requirement per the criteria listed above, must request management approval. Mobile workers who meet the mobile worker criteria listed in (6)(a) below are not required to go through an exception or waiver process.

  6. In accordance with 5 CFR 531.605, Determining an Employee’s Official Worksite, management may make exceptions to the twice per pay period reporting requirement in appropriate situations of a temporary nature. These exceptions include, but are not limited to:

    1. If an employee’s work location varies on a recurring basis (for example, a revenue agent working at a taxpayer site or other mobile work), the employee is not required to report to the official POD at least twice per pay period as long as the employee is performing work within the locality pay area of their official POD on a regular and recurring basis (in other words twice each pay period).

    2. If an employee is recovering from an injury or medical condition or is assisting with a family member’s recovery from an injury or medical condition (an employee should request leave for the period of time they are providing direct care and/or assisting a recovering family member).

    3. When a weather or other safety-related condition prevents safely traveling to or working at the official POD and the Senior Commissioner’s Representative (SCR), Administrative Officer (AO) or site coordinator (campus locations) announces the closure of the official POD or the option for unscheduled telework that day via office operating status announcement. Refer to IRM 6.630.4.5, Weather and Safety Leave.

    4. The employee is away from the area on extended official travel.

Partial Day Waiver Exception Requests
  1. Teleworkers who are unable to work a full day in the office on one or both of their required full days in the office due to an emergency or other personal matter, may request to work a partial day in the office and telework the remainder of the day. Employees must submit a written request to their immediate manager. Managers are required to submit an exception request, using the online manager-restricted submission on the Official POD site for the dates covered. Additionally, guidance is available and accessible to employees on the Exceptions to Reporting to Official POD site.

Official POD Exception Requests
  1. When an employee requests to not report to the official POD, managers should refer to the Official POD site.

  2. An employee may request an exception to reporting to their official POD in extenuating circumstances (for instance reasonable accommodation or temporary hardship). Employees must submit a written request (email) to their manager, and should refer to the Exceptions to Reporting to Official POD site for additional guidance.

    1. A frontline manager, or other authorized manager as determined by the business unit, may approve requests for up to two pay periods in a calendar year.

    2. A first-line executive or higher must approve requests beyond two pay periods in a calendar year for employees within their business unit.

  3. If an employee is approved to perform work in a temporary location for 120 days or more, a PAR must be processed to change the employee’s official POD. To ensure any change in an employee’s official POD complies will all requirements, managers must refer to the Official POD site which provides guidance and resources.

  4. A new or updated telework agreement is not required when an employee requests to telework beyond the 200-mile limitation from their official POD for up to two pay periods per calendar year. However, employees must submit a written request to their immediate manager and managers are required to submit an exception request, using the online manager-restricted submission on the Official POD site. If approved, the following may be waived for the duration of the exception arrangement:

    1. The 200-mile limitation for the telework location,

    2. Requirement that the employee must be able to report to their official POD the next workday, and

    3. Requirement to report to their official POD at least twice per pay period for the full TOD.

    Note:

    Bargaining unit employees requesting the two-pay period per calendar year exception under the National Agreement, Article 50, Subsection 1.A.2, are also not required to submit an updated telework agreement for the temporary telework arrangement.

Telework and Reasonable Accommodation
  1. The IRS Telework Program may be used to support RA for employees who qualify, including those employees who have partially recovered from work-related injuries/illness, and who can perform official duties on a full or part-time basis from an approved alternate worksite.

    1. The RA may be temporary or permanent.

    2. Managers and employees must work closely with the Reasonable Accommodation Coordinator (RAC) when considering RA. For more information on the RA process, refer to Reasonable Accommodation.

    3. All employees who are approved to telework due to RA must have an updated, approved telework agreement in the Telework Agreement Library. No medical or other personal information should be included on the telework agreement. A copy of the updated telework agreement must be added to the employee’s existing telework record in the IRS Telework Agreement Library by the business unit telework lead.

    4. Any RA when the employee does not report to their official POD at least twice each pay period, including exceptions as outlined in the Exceptions to Reporting to Official POD site and the manager-restricted Official POD site, and must also follow IRM 6.800.2.4.1.5, Pay Issues, POD, and the Requirement to Report to POD Twice per Pay Period, and IRM 6.800.2.4.1.5.2, Official POD Exception Requests, which provides policy and guidance regarding a telework employee’s requirement to report to their official POD.

    5. For more information, refer to IRM 1.20.2, Equity, Diversity and Inclusion, Providing Reasonable Accommodation for Individuals with Disabilities.

Telework Arrangements Due to Hardship
  1. A telework arrangement may be approved for an employee experiencing a hardship. This arrangement allows employees who meet and sustain telework eligibility requirements to telework (not to exceed two years). If approved, the following requirements may be waived for the duration of the arrangement:

    1. The 200-mile limitation for the telework location.

    2. Requirement that the employee must be able to report to their official POD the next workday.

    3. Requirement to report to their official POD at least twice per pay period for the full TOD.

    Conditions which must be met for these arrangements:

    • Must meet hardship program requirements. For more information, refer to Temporary/Permanent Hardship.

    • Must be consistent with the business needs of the IRS.

    • The telework site must meet all the security and privacy rules specified in this IRM and the IRS telework agreement form.

    • If the arrangement involves not reporting to the employee’s official POD, refer to IRM 6.800.2.4.1.5.2, Official POD Exception Requests, the Exceptions to Reporting to Official POD site and the manager-restricted Official POD site.

  2. An updated telework agreement must be established for telework arrangements due to hardship with details of the arrangement including a start date and stop date (if applicable), if/when the employee is expected to return to the normal telework schedule, and the type of hardship request approved (temporary or permanent). No medical or other personal information should be included on the telework agreement. A copy of the updated telework agreement must be added to the employee’s existing telework record in the IRS Telework Agreement Library by the business unit telework lead.

  3. Temporary telework arrangements due to hardship may be extended; however, under no circumstances will an employee be permitted to stay on a temporary arrangement for more than two years.

Telework: Commuting and Travel
  1. The travel provisions that apply to employees working at the official POD also apply to employees who telework. Travel to and from the employee’s home and official POD and vice versa at the beginning and end of the day is not hours of work (in other words not compensable) but rather is normal commute time, unless the employee is directed into the office unexpectedly during a normal workday (after their TOD has commenced).

  2. When an employee is scheduled for a full TOD at the telework site and is directed by the manager to report to the official POD (or alternate worksite) too late to travel during their regular commute time, administrative time (duty time) will be granted for the travel (in other words the travel is credited as hours of work).

  3. Management reserves the right to direct employees to report to the official POD (or alternate worksite) on scheduled telework days based on operational requirements (for example office assignments, meetings, training classes, filing season assistance or details to other duties). These should be planned to give the employee advance notice to prepare to travel during their regular commute time. A request to report to the official POD is not a termination of the telework arrangement.

  4. Teleworking employees may not travel between their official POD and telework location during work hours (including paid breaks) unless approved or directed by their manager to do so based on business need. Frequent teleworkers with an approved waiver for the full day in the office must travel between the official POD and approved telework location during the employee’s unpaid meal period. Otherwise, the employee, with managerial approval, may account for the travel time by taking leave or using other paid or unpaid time off (for example, annual leave, LWOP, previously earned compensatory time off or previously earned credit hours).

  5. Work performed at a TDY or occasional work at a satellite office site not identified on the telework agreement is not considered telework. This includes travel to satellite offices for business purposes, such as meetings and special projects.

  6. Refer to IRM 6.550.2, Premium Pay Under Title 5 and the Fair Labor Standards Act (FLSA), and Compensatory Time Off for Travel, for more information.

Telework and Public Transit Subsidies
  1. Telework employees who participate in the Public Transportation Subsidy Program (PTSP) must adjust their transit subsidies based on the frequency of their telework schedule. The PTSP policies and procedures may be found in IRM 1.32.15, Public Transportation Subsidy Program (PTSP).

Telework During Weather or Other Safety-Related Conditions

  1. The IRS is committed to implementing telework to the greatest extent possible to ensure systems, personnel and procedures exist to support successful telework during any weather or other safety-related conditions.

  2. If the IRS determines a weather or other safety-related condition (such as an act of God, terrorist attack, or other applicable condition) prevents employees from safely traveling to or from work, or safely performing work at an approved location (typically the official POD or telework location), the IRS may grant WSL to affected employees.

  3. Employees who are participating in a telework program and are able to safely travel to and/or work at an approved telework location may not be granted WSL.

  4. Refer to IRM 6.630.4.5, Weather and Safety Leave, the IRS Dismissal and Closure Procedures and for BU employees, the National Agreement, Article 50, for more information.

Preparing for Weather or Other Safety-Related Conditions

  1. When a weather or other safety-related condition is anticipated, the SCR, AO or site coordinator (campus locations) may issue a pre-event notice to all employees in the affected geographical area to advise them of the impending emergency.

  2. Absent a pre-event notice, telework-ready employees are responsible for maintaining an awareness of local weather events or other predicted emergencies. When an employee with an approved telework agreement reasonably anticipates that a weather or other safety-related condition may force the closure of their IRS facility (e.g., forecasted snowstorm), the employee must take reasonable steps (within an employee’s control) to become telework-ready (for example, take necessary work equipment and necessary work files to their telework location) for the anticipated days(s) the facility may be closed. In such circumstances, managers may authorize employees who are not in their POD to travel on administrative time (duty time) to their POD to obtain necessary work equipment or files to become telework-ready.

  3. If an employee participating in a telework program cannot prepare to telework due to circumstances beyond the employee’s control (for example, the emergency was not anticipated or the employee was out of town and unable to retrieve work files and/or work equipment), the employee is required to contact their manager as soon as possible to determine if there is any level of work that may be accomplished at the telework location. Managers must thoughtfully consider all work assignments that can be performed.

  4. If in the manager’s judgment, the weather or safety-related conditions outlined above could not reasonably be anticipated, then WSL may be approved to the extent the employee was not able to prepare for telework and is otherwise unable to perform productive work at the telework site. An employee requesting WSL for a period they are expected to telework must provide to their manager either optional Form 10837, Request for Weather and Safety Leave Due to Emergency Conditions, or other documentation supporting their claim.

Weather and Safety-Related Conditions Affecting the Telework Site

  1. Employees at a telework site (or other alternate worksite) who experience an emergency that prevents them from safely completing their work assignments at the telework location are required to contact their manager as soon as possible to explain the circumstances and determine if there are any additional duties that may be assigned despite the disruption. Managers must thoughtfully consider all work assignments that can be performed.

  2. If the POD is closed and it is not feasible for the employee to continue to telework, the employee may be provided WSL for part or all of the workday upon providing appropriate documentation in support of that claim (optional Form 10837, Request for Weather and Safety Leave Due to Emergency Conditions, or other documentation (such as email)).

  3. If the POD is open and there are no additional duties that may be assigned or performed at the telework location, employees may be directed to report to their POD (or if the employee is NBU, may be directed to another alternate worksite) to complete their workday. Employees required to travel to the POD during regular duty hours will be granted administrative time (duty time) for the travel (post this travel time to T&A code 990-59300 or other code as determined by the business unit). Managers may not extend the workday to account for the travel time to the POD on that day. If the manager determines it is not feasible to direct the employee to the POD that day and the employee is unable to work due to weather or other safety-related conditions, the manager may grant WSL in lieu of directing the employee to report to the POD on a case-by-case basis. Employees required to report to the POD on subsequent days begin work at the start of their TOD, and normal commuting rules apply.

  4. In cases when WSL is granted for consecutive days (for example, pandemic or natural disaster situations), the employee must respond to management attempts to contact them provided services (such as telephone or email) are available. If so, the employee must respond to attempts to communicate within 24 hours.

  5. If an employee participating in the telework program chooses not to telework during the emergency, they may request to use unscheduled leave (paid or unpaid) or other paid time off (for example, previously earned compensatory time off or previously earned credit hours). In addition, employees approved for the temporary exception to the 200-mile radius benefit (under Article 50 of the National Agreement (for BU employees) and passed-through to NBU employees) are not eligible for WSL if unable to telework, and they must use their own leave or other paid time off to their credit.

  6. Refer to IRM 6.630.4.5, Weather and Safety Leave; IRM 6.610.1, IRS Hours of Duty; the IRS Dismissal and Closure Procedures and for BU employees, the National Agreement, Article 50, for more information.

Office Operating Status Announcements

  1. When an emergency necessitates a change in an IRS office’s operational status (for example an office closure, delayed opening, open with option for unscheduled telework or unscheduled leave, early dismissal), employees will be officially notified of the change via any of the following methods:

    • The IRS Emergency Information Hotline at 1-866-743-5748, (TTY 800-877-8339); Deaf and Hard of Hearing employees can access the Emergency Hotline using the Federal Relay Service at 1-800-877-8339;

    • Notification from the AtHoc - Emergency Alert Notification System. This system is used to provide real time alerts of emergencies that require action, including weather, security, active shooter or other disturbances. Employees will receive emergency alerts on their desktop display, work e-mail and IRS-issued mobile device;

    • An official email notification (office operating status announcement) from the SCR, AO or site coordinator (campus locations) regarding an emergency or anticipated emergency; and/or

    • An OPM-issued operating status announcement, which applies to federal employees in executive agencies located inside the Washington Capital Beltway. Refer to OPM.gov website.

Telework, Mission-essential Functions, and Essential Supporting Activities

  1. Employees designated by management to support mission-essential functions or essential supporting activities as a condition of employment (portable work), may be required to telework as needed during any interruption of operations and, if so, must have an approved telework agreement in place.

  2. Each business unit designates which positions are portable or non-portable. This identifies whether they will be expected to telework (with an approved telework agreement on file) and begin work on time. Refer to IRM 10.6.1, Continuity Operations Program, Overview of Continuity Planning, for additional information.

Pandemic Planning

  1. The National Strategy for Pandemic Influenza Implementation Plan references the benefits of using telework to slow the spread of disease by keeping face-to-face contact to a minimum (often referred to as social distancing) while maintaining operations as close to normal as possible. Telework can also help retain functionality as infrastructure issues and other challenges make the main worksite difficult to access.

  2. The continuity plan requirements are found in IRM 10.6.6, Pandemic Plan Requirements.

Teleworking and IT Support

  1. All existing guidelines regarding IT and peripheral equipment should be followed.

Computers and IRS-Owned Equipment

  1. As part of the telework agreement, IRS-owned property, including computers, docking stations, software and other telecommunications equipment may be used by employees at their telework location, following guidelines for limited personal use. Refer to IRM 10.8.27, Information Technology (IT) Security, Personal Use of Government Furnished Information Technology Equipment and Resources. The IRS will retain ownership and control of hardware, software and data in these situations.

  2. For the purposes of telework, employees are only entitled to one set of equipment as outlined in this IRM or the National Agreement, Article 50. Duplication of equipment at the office and at the telework location is not permitted (for example, having a printer in both locations).

  3. The IRS is responsible for maintenance, repair and replacement of official equipment. The employee must notify the manager immediately following a malfunction of IRS-owned equipment and submit a ticket through OS GetServices. The employee may be required to bring equipment (such as laptop) into the office for repairs. If repairs are extensive, and replacement equipment is not available, the employee may be required to report to the official POD until usable equipment is available.

  4. If IRS-owned or controlled equipment and/or software is damaged by non-employees (for example, relatives or dependents of the employee), the employee will be held liable for all repair or replacements to the same extent they are presently held accountable when equipment is damaged due to negligence.

  5. Transfer of furniture, supplies and non-IT equipment between the office and the telework location is the responsibility of the telework employee, the manager, and local FMSS staff, as appropriate.

  6. Only individually issued IT equipment (such as laptop, monitor, and docking station) is authorized to be moved/relocated by the employee/manager. Corporate or shared IT equipment (for example, network printers, scanners, and copiers) is not authorized to be moved or relocated to the telework location.

  7. Teleworking employees who wish to have IT equipment sent to their telework site must be willing to provide a home address for shipping purposes. Employees will use Form 9814, Request for Mail/Shipping Services, for this purpose.

  8. The employee or manager must open an OS GetServices ticket to ensure all telework related IT equipment issued for telework is returned from the telework location to the official POD, when an employee:

    1. Is removed from telework, either voluntarily or by the manager;

    2. Downgrades their telework type (for example Frequent to Ad Hoc); or

    3. Separates from the IRS.

Security Requirements

  1. In addition to complying with the requirements defined in this IRM, telework employees must also comply with IRM 10.8.1, Information Technology (IT) Security, Policy and Guidance, and IRM 10.8.26, Information Technology (IT) Security, Wireless and Mobile Device Security Policy, which provide security guidance for the protection of IRS assets and data.

  2. Failure to comply with security procedures and regulations may be grounds for termination of telework.

  3. Only hardware/software configurations approved by the IRS and authorized by an approving official for the alternate worksite (telework site) shall be installed on IRS-owned or controlled computers.

  4. Mobile computing device users must follow IRM 10.8.26.3.11, PE - Physical and Environmental Protection, and:

    1. Ensure physical security of their mobile computing device.

    2. Secure their IRS mobile computing device when not in their possession.

    3. Never leave their powered-on mobile computing device unlocked when it is not in their presence.

    4. Secure their mobile computing device(s) (such as use of cable lock, screen lock) from theft or tampering when located in a POD and at an approved telework location.

    5. Secure laptop and work files, lock doors and windows, and activate security system (if available) when leaving the telework location.

    6. Never check computer equipment as luggage when traveling. Always maintain possession of computer equipment and watch it carefully. Computer equipment must never be left unattended.

    7. Never leave computer equipment unattended in any motor vehicle.

    8. Never take IT equipment out of the country, unless authorized as part of official duties and approved through IT Cybersecurity.

  5. Employees are prohibited from using personally-owned computers, printers or software including portable electronic devices, to access, process or store IRS information (for example, information pertaining to taxpayers, financial data, personnel issues, law enforcement, SBU data (including PII and tax information), and proprietary information), unless approved through the Bring Your Own Device (BYOD) program.

    1. Sensitive information (for example SBU data, including PII and tax information) shall not be downloaded to mobile computing devices or other portable media devices if the data are available, accessible, and utilizable on another system (under IRS defined control). IRS computers have a special folder for SBU data. Data in the folder are encrypted, or coded, to protect it. Always save and encrypt sensitive data in the laptop's SBU data folder. Sensitive data on an IRS mobile computing device and other portable media shall only be permitted when it is necessary for the user to perform their duties.

    2. All IRS sensitive information (for example SBU data, including PII and tax information) stored or processed on a mobile computing device shall be protected with the same requirements as hard-copy paper documents (for example, markings, distribution, destruction) and in accordance with the requirements defined within IRM 10.8.1, Information Technology (IT) Security, Policy and Guidance.

    3. Only IRS-approved mobile operating system-based devices (for example, smartphone, tablet) shall be used to send, receive, store or process sensitive information.

    4. Classified data may not be processed, sent, received or used on mobile computing devices. Refer to IRM 10.9.1, National Security Information.

      Note:

      Consistent with IRS security policy, all secure information that is not in the possession of the teleworking employee must be kept under lock and key (in a locking file cabinet or drawer). Employees are also responsible for protecting any taxpayer information, as well as the personal information of employees, contractors, applicants and visitors to the IRS. All PII in an employee’s possession (whether the PII is in paper form or in IRS computer equipment and computer systems) must be protected.

  6. Employees must report all security incidents to their manager and to the IRS Computer Security Incident Response Center (CSIRC)immediately upon discovery to reduce the impact/severity of the incident.

Privacy Considerations and Sensitive Data

  1. Employees must comply with all required security measures and disclosure provisions, including password protection and data encryption, so that IRS security, disclosure or Privacy Act requirements are not compromised at any time.

  2. Sensitive information accessible in the telework location at the end of the workday must not be left unattended and must be secured in a way that renders it inaccessible to anyone other than the employee. At a minimum, this requires that all records and data be kept secured when not in the possession of the employee. Refer to IRM 10.5.1.5.1, Clean Desk Policy.

  3. Safeguard SBU data (including PII and tax information) when conducting business at an approved telework location. Mute or disable digital assistants or other devices that can record or transmit sensitive audio or visual information when working on any form of SBU data (including PII and tax information) while teleworking. Keep conversations private. Avoid the potential of someone eavesdropping on your conversation. Refer to IRM 10.5.1.6.1, Protecting and Safeguarding SBU Data, and self-help online tutorial, Privacy in Practice - Privacy Considerations While Teleworking, on the Disclosure and Privacy Knowledge Base located on the IRS Source.

  4. Access to confidential and sensitive materials must adhere to the following statutes and regulations on the production and disclosure of tax return information or other sensitive materials: 5 USC Section 552, Freedom of Information Act (FOIA); IRS FOIA regulations at Title 26 CFR 601.702; Treasury FOIA regulations at Title 31, subpart A, section 1.1 - 1.7; the Privacy Act, 5 USC Section 552a; and Treasury Privacy Act regulations at 31 CFR Subpart C sections 1.20-1.36. The following IRMs provide guidance on access and protection of tax and other sensitive information: IRM 11.3.1, Disclosure of Official Information, Introduction to Disclosure; IRM 10.8.1, Information Technology (IT) Security, Policy and Guidance; IRM 10.2.1, Physical Security; and IRM 10.5.1, Privacy and Information Protection, Privacy Policy.

  5. Printed documents containing SBU data (including PII and tax information) that are stored at or transported to and from the telework location introduce additional data security challenges. Therefore, employees should minimize the printing of sensitive documents to what is explicitly necessary. Consider alternatives to printing and/or copying documents, such as electronic record keeping, to minimize the potential disclosure of sensitive information. For additional guidance, refer to IRM 10.5.1.5.1, Clean Desk Policy, and IRM 10.5.1.6.9, Other Forms of Transmission.

  6. The destruction of documents with SBU data (including PII and tax information) must be done properly in accordance with IRM 10.5.1.6.10, Disposition and Destruction, and consistent with records management policy. Also refer to the NARA-approved records retention and disposition Document 12829, General Records Schedule, before destruction of documents to prevent inadvertent/unlawful destruction of records. Refer to IRM 1.15.3, Records and Information Management, Disposing of Records.

  7. IRS employees must bring all sensitive waste material for destruction into the office for proper disposition, even when teleworking with access to a shredder at home. Refer to IRM 10.5.1.6.10, Disposition and Destruction.

  8. IRS employees are required to report data breaches involving SBU data, including PII and tax information, and all suspected security incidents, including any incidents of loss or mishandling of IRS IT resources and lost or stolen IRS IT assets and BYOD assets, immediately upon discovery to their manager and the appropriate office based on what was lost, stolen, destroyed or disclosed. A data breach which involves erroneous taxpayer correspondence involving the disclosure of SBU data, including PII and tax information, for example, a notice, letter, or transcript, which was mailed, emailed, faxed, EEFaxed, or generated or transmitted via the Income Verification Express Service (IVES), Return and Income Verification Services (RAIVS), Transcript Delivery System (TDS), Secure Data Transport (SDT), or other electronic transmission, to the wrong address or addressee; or notices, letters, transcripts, faxes, or other electronic/digital documents sent with mixed entity information such as correct taxpayer information is on page one, but unrelated taxpayer information is on page two; two letters for different taxpayers in the same envelope; the attachment in the correspondence is for a different taxpayer, etc.; or an inadvertent unauthorized disclosure of SBU data, including PII and tax information, such as a verbal disclosure, or an email sent to the wrong person or not properly encrypted; or the loss, theft, or unauthorized destruction of documents containing SBU data, including PII and tax information, such as hardcopy records, documents, or case files, packages lost or stolen during UPS or FedEx shipment, or lost or stolen remittances; or an electronic disclosure of SBU data, including PII and tax information, in IRMs, training materials, PowerPoints, IRS Source, Share Point, etc., or on external systems/sites such as WhatsApp, GitHub, etc., is reported to Privacy, Governmental Liaison and Disclosure (PGLD) Incident Management Office via the PII Breach Reporting Form.