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Telework Agreement Template for United States

A comprehensive legal agreement governed by United States federal and state laws that establishes the terms and conditions for an employee to work remotely. The document outlines the responsibilities of both employer and employee, including work schedule, communication expectations, equipment usage, workspace requirements, and security protocols. It addresses compliance with relevant labor laws, occupational safety requirements, and data protection regulations while protecting both parties' interests in a remote work arrangement. The agreement includes provisions for performance monitoring, expense reimbursement, and conditions for modification or termination of the remote work arrangement.

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What is a Telework Agreement?

The Telework Agreement has become increasingly essential in modern workplace arrangements, particularly following the global shift toward remote work. This document is designed for use when an organization wishes to formally establish a remote work arrangement with an employee in the United States, whether fully remote or hybrid. The agreement ensures compliance with federal and state employment laws while protecting both employer and employee interests. It typically includes detailed provisions for work hours, communication protocols, equipment usage, expense reimbursement, and data security requirements. The document is particularly important for maintaining clear expectations and legal compliance in situations where employees work from home or other remote locations, and should be reviewed periodically to ensure alignment with changing workplace needs and regulatory requirements.

What sections should be included in a Telework Agreement?

1. Parties: Identification of the employer and employee entering into the telework agreement

2. Background: Context of the agreement, including the employee's role and reason for telework arrangement

3. Definitions: Key terms used throughout the agreement including 'telework,' 'primary workplace,' 'remote workplace,' etc.

4. Work Schedule and Location: Specified working hours, days, and approved remote work location(s)

5. Duties and Responsibilities: Employee's job duties, responsibilities, and performance expectations while working remotely

6. Communication Requirements: Expected availability, response times, and communication methods

7. Equipment and Resources: Provisions regarding technology, equipment, and supplies needed for remote work

8. Workspace Requirements: Standards for the remote workspace, including safety and ergonomic requirements

9. Security and Confidentiality: Data protection, confidentiality, and information security requirements

10. Expenses and Reimbursement: Policy on work-related expenses and reimbursement procedures

11. Performance Evaluation: How work performance will be monitored and evaluated

12. Termination and Modification: Conditions under which the agreement can be modified or terminated

13. Governing Law: Applicable laws and jurisdiction governing the agreement

What sections are optional to include in a Telework Agreement?

1. Cross-Border Arrangements: Required when employee works from different states or countries, addressing tax and legal implications

2. Equipment Insurance: Needed when employer provides significant equipment, detailing insurance requirements and liability

3. Time Zone Considerations: Required for remote work across different time zones, specifying core hours and availability

4. Office Hoteling: Needed when employee occasionally uses office space, detailing desk reservation procedures

5. Training Requirements: Specific remote work training or certification requirements if applicable

6. Union Provisions: Required when employee is covered by collective bargaining agreement

7. Child/Dependent Care: Necessary when addressing policies about simultaneous dependent care during work hours

8. Travel Requirements: Required when periodic travel to primary office location is expected

What schedules should be included in a Telework Agreement?

1. Schedule A - Equipment Inventory: Detailed list of employer-provided equipment, including serial numbers and conditions

2. Schedule B - Workspace Safety Checklist: Safety requirements and certification for the remote workspace

3. Schedule C - Expense Policy: Detailed policy on reimbursable expenses and submission procedures

4. Schedule D - Security Protocols: Specific security requirements and procedures for remote work

5. Schedule E - Emergency Contacts: List of emergency contacts and procedures for various scenarios

6. Appendix 1 - Remote Work Policy: Company's general remote work policy referenced in the agreement

7. Appendix 2 - Technology Requirements: Minimum technology specifications and requirements for remote work

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use

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