Situational Telework at the CFPB

What is Situational Telework?

Situational telework is an ad hoc form of telework that allows an employee to telework for up to 30 days for  non-recurring circumstances. Examples include:

• Severe weather or emergency conditions
• Temporary reductions in Metro service (note: Metro still has a large portion of its train fleet off-line due to defects that make the newer trains dangerous)
• Construction or events that are likely to make driving to the office more difficult and lengthen an employee’s commute (like the expansion of the Beltway VA)
• Temporary childcare schedule changes requiring later drop-off/earlier pickup
• A Situational Telework request for 30 days or less only requires supervisor approval

Extended Situational telework occurs when an employee teleworks continuously for 30 days – 6 months for a medical or personal situation. 

• Employees requesting Extended Situational Telework for to a medical condition (either the employee’s or someone the employee cares for) must submit medical documentation from a doctor supporting the request to OHC. 
• Extended Situational Telework requests for non-medical reasons are evaluated by the employee’s supervisor, in consultation with OHC, on a case-by-case basis.

What are the eligibility requirements for Situational & Extended Situational Telework? 

At a minimum, to be eligible to telework an employee:

• Must be assigned to a position where it is feasible to perform officially assigned duties remotely. (After 2 years of mandatory telework, that’s every bargaining unit position at the CFPB)
• Cannot have been officially disciplined for conduct not conducive to successful performance under a telework agreement, within the past 2 years. 
• Cannot have been officially disciplined for violations of subpart G of the Standards of Ethical Conduct of Employees of the executive Branch (governing misuse of position, including misuse of government property)

What happens if my request for Situational Telework is denied?

• The Telework Article of the CBA lists criteria managers must consider when deciding whether to grant a Situational Telework request, but they all can be boiled down into the question: Is the employee’s position suitable for Situational Telework. We have all been teleworking for 2 years straight, so supervisors will have difficulty providing an explanation of why a Situational Telework request was denied.
• Before denying any telework request, supervisors must consult with OHC first.
• If a telework request is denied, the employee has a right to ask the supervisor to give them the reasons for the denial in writing.
• Bargaining unit employees who request situational telework and are denied may appeal the denial by filing a grievance.

How do I request Situational Telework?

• Complete the Telework Agreement Form and the Home Safety Checklist and send both to your supervisor with an email requesting situational (or extended situational) telework. 
• If your manager approves the request and signs the telework agreement, send a copy of the signed agreement and your home safety checklist to the Work/Life Inbox ([email protected]).
• If your manager denies your request, ask them to provide a reason for the denial in writing, then contact your steward to discuss next steps.

What should I put as the reason for my request on the Telework Agreement Form?

This will depend on your situation. Here are a couple examples:

• Metro service continues to be reduced and Metro is still working to replace the trains it had to pull for safety issues. The reduced service will make my commute much longer and is likely to lead to more crowded trains. COVID-19 community transition is still happening in Washington, D.C. and crowded Metro cars will put me at higher risk of getting sick. Telework will allow me to avoid the long delays and the increased risk of contracting COVID-19 on crowded trains.
• I have a child who is too young to be vaccinated for COVID-19. Working in the office significantly increases my risk of exposure to COVID-19 and increases the chance that I could bring the virus home and infect my child. Situational telework will enable me to keep my child safe while continuing to work.
• I have an immunocompromised family member/neighbor/friend who I regularly visit and care for. Commuting to and working in the office drastically increases my risk for contracting the virus and passing it on to this family member/neighbor/friend. Telework will allow me to minimize that risk while continuing to do my job.
• Community transmission of COVID-19 is still occurring, and I would like to minimize my risk of getting sick by limiting my contact with those outside my immediate family/social circle. 
• The school my child attends still requires kids exhibiting COVID-19 symptoms to stay home (or be sent home from school) and to quarantine per the CDC recommendations. There is a significant chance that I will be called during the day to come to the school immediately and pick up my child. Even without traffic, the commute  from the Atlanta office to the school takes at least 30 min. By working at home, I can get to the school more quickly and reduce the amount of time I need to be away from work.