• Telework and Remote Work

  When there is ambiguity or conflict among the agency’s policy, the USPHS Commissioned Corps’ policy, and the Joint Travel Regulations (JTR), which one takes precedence?

  PHS officers should follow the telework and/or remote work policies of the agency to which they are assigned unless otherwise authorized by the SG. In the event of any ambiguity or conflict (except as outlined in Sections 6-1.b. and 6-1.c) between this Instruction and the telework and/or remote work policies of the agency, the policies of the agency will prevail. In the event of any ambiguity or conflict regarding any allowance, benefit, or entitlement specifically for members of the uniformed services between this Instruction and the telework and/or remote work policies of the agency, this Instruction will prevail. Otherwise, in the event of such an ambiguity or conflict regarding any allowance, benefit, or entitlement specifically for members of the uniformed services between this Instruction or the agency’s policy and the JTR, the JTR will prevail. [Section 6-1]

  What are the rules for telework?

  PHS officers may telework consistent with, and under the same requirements set forth in the policies of any OPDIV/StaffDiv or non-HHS agency to which they are detailed or assigned, as long as they fulfill mission objectives; they meet the eligibility requirements set forth in the agency’s policies and this Instruction; and they have the approval of their supervisor. [Section 6-2.a.] Telework agreements are made between the officer and the agency, not the USPHS Commissioned Corps. [Section 6-2.a.(3)]

  When this process is changed, will there be a phase-in process for when agencies/facilities/officers must make decisions about telework/remote work vs. returning to in-person duty? Will there be any time limit for making this decision?

  No. All current agreements from before this policy is signed will continue. [Section 6-2.b.] Agencies have discretion on when they want to transfer an officer to a different duty location or when they want to approve an officer to work remotely. They can do this at any time the agency and the officer agree to do so. Either action would require completing a Form 1662/request for personnel action. If the agency filled out the correct paperwork authorizing remote work, the officer can claim reimbursement of travel that took place after the paperwork was signed. [Section 6-3.e.]

  How does my agency know when I am in the office and when I am teleworking?

  Officers using telework must have a schedule that defines when the officer reports to work at an agency worksite/duty station and when the officer reports to an ADS. The schedule must also indicate if the officer only teleworks occasionally with the permission of the supervisor (e.g., ad hoc telework) or under certain defined conditions (e.g., emergency or unscheduled telework). [Section 6-2.e.]

  What is the difference between telework and remote work? Are there specific or different criteria for remote work than telework?

  Remote work is not the same as telework. Unlike telework, which does not change an officer’s Permanent Duty Station (PDS) on official personnel orders, remote work is a workplace flexibility allowing an officer to work at an approved remote worksite, with no expectation to report to the agency worksite on a regular and recurring basis. The approved remote worksite could be an agency address, a non-agency government address, or the officer’s home address. All remote work is 100% remote. [Section 6-3]

  An officer who requests and obtains authorization from their agency to work remotely must obtain a Permanent Change of Station (PCS) order from the Separations & Assignments Branch, Commissioned Corps Headquarters (CCHQ) authorizing the transfer to the non-agency worksite. Any associated travel or transportation allowances will only be reimbursed or paid for to the extent allowable by the Joint Travel Regulations (JTR) and with the prior approval of the officer’s supervisor. [Section 6-3.e.]

  What is the duty station of an officer working remotely and the duty station of an officer who is teleworking?

  The Permanent Duty Station (PDS) for an officer covered by a telework agreement is the location of the agency worksite for the officer’s position (i.e., the place where the officer would normally work, as listed on their official personnel orders, absent a telework agreement), as long as the officer is scheduled to physically report to this worksite as often as required by the agency’s telework policy (e.g., at least twice a month).  [Section 6-2.h.] Telework, unlike remote work, does not change an officer’s PDS on official personnel orders. [Section 6-3] The PDS remains the agency worksite even if the officer is on full-time telework. The Alternative Duty Station (ADS) is the location from which the officer telecommutes. There is no ADS for someone working remotely. Instead, remote work changes the PDS to the location from which the officer is working remotely. [Appendix A: Definitions]

  How will the USPHS Commissioned Corps’ telework/remote policy correlate to an agency’s ‘remote’ policy if the latter differs by commuting area?

  The USPHS Commissioned Corps does not define remote work based on commuting area. Specific rules and requirements for remote work arrangements (e.g., determining a “reasonable commuting distance,” etc.) will be determined by the policies, agreements, etc. of the agency to which the officer is assigned.  [Section 6-3.a.] Officers should follow their agency’s policy.

  What authority does the agency supervisor have to deny a remote work request from an officer?

  Rules for remote work are left to the discretion of the agency. CCI 313.01 authorizes the officer’s supervisor to determine if an officer can telework or work remotely. The policy states that “Supervisors should be mindful of the implications before approving a remote work agreement, and should communicate with the officer, the USPHS Commissioned Corps Liaison, and, if necessary, CCHQ.” [Section 6-3.e.] It lists recommendations of things to consider, stating that, “Consequently, not every position or every individual is suited for such arrangements. Supervisors should carefully review this Instruction regarding eligibility requirements and may want to consider multiple factors, including individual work characteristics, team dynamics, and job characteristics, when making decisions regarding these arrangements. Similarly, officers should conduct an honest self-evaluation when determining if they are suited for these arrangements.” [Section 6-4.b.] The policy does include some requirements for performance management of remote workers/teleworkers.

  Will there be restrictions on how often an officer in a remote designed position can change their duty station location (i.e., once per year, twice per year, etc.)?

  This would be at the discretion of the officer’s assigned agency.

  If an officer is hired for a new remote work position, is that officer entitled for the Household Goods (HHG) move and transfer for remote work?

  An officer must request and obtain authorization from the agency to work remotely. This can be part of the negotiations for employing the officer in the new position. The officer must then obtain a Permanent Change of Station (PCS) order from the Separations & Assignments Branch, CCHQ authorizing the transfer to the non-agency worksite. Any associated travel or transportation allowances will only be reimbursed or paid for to the extent allowable by the JTR and with the prior approval of the officer’s supervisor. Paragraph 010202 of the JTR authorizes government funding of travel only if the travel is officially justified and meets mission requirements. [Section 6-3.e.] 

  If an agency does not want to allow an officer to switch from telework to remote work (for instance, because it would increase the officer’s BAH if the officer moved from AZ to the DC-area), can they refuse to allow the officer to keep the officer’s current position if the officer moves? Can they allow the switch but avoid having to pay the BAH increase by not completing the Form 1662?

  Yes, to the first. Telework and remote work are at the agency’s discretion. An agency does not have to allow an officer to perform telework (except under emergency conditions like COVID-19) or remote work. [Section 6-4] However, if the agency does allow telework/remote work, agencies need to maintain accountability and ensure the officer’s duty station and/or alternate worksite location are current, so the government pays the correct BAH to the officer. So, if the agency allows an officer to go on remote work its agency liaison must complete the Form 1662. [Section 8-1]

  Under what circumstances can an agency cancel a remote work agreement? If it does, who pays for the officer to return to the worksite?

  Remote working is a privilege; an agency can cancel the remote work agreement for any reason in accordance with the agency’s policy. [Section 6-4 and 6-10] The policy has recommendations for what could render an officer ineligible, but of course, the decision is up to the agency. [Section 6-9 and 6-10.c.] If the agency cancels the agreement, it pays the cost of travel (including transportation of HHG) if the officer lives outside a reasonable commuting distance. [Section 6-10.d.]

  Who pays for travel if an officer has a remote work agreement and the agency requires the officer to report to the agency worksite?

  An officer participating in telework or remote work must follow the instructions of the supervisor including orders to physically return to the agency worksite/PDS based on operational requirements (e.g., to attend a specific meeting, perform a specific task not capable of being performed remotely). However, if a supervisor requires an officer using remote work to return to the agency worksite, even if just for a single day, the agency must pay for the appropriate travel costs in accordance with the JTR. [Section 7-5.d.]

  Will there be standards set for an officer in a remote designated position who changes duty station location but does not alert CCHQ? Will there be timing requirements set for these changes?

  An officer working remotely must notify CCHQ of any change in duty station locations under the same rules, and subject to the same penalties, as an officer not working remotely. [Section 7-5.g.] The agency liaison should make any changes in an officer’s duty station or ADS via a Form 1662 [Section 8-1], as an officer’s Basic Allowance for Housing (BAH) must be based on the officer’s locality. [Section 6-2.f.]

  If an officer moves and is now working remotely, the agency would need to update the officer’s position/billet with the officer’s new duty station location (usually the officer’s new residence). Will this process be expedited, or will it follow the current billet update process of 30-60 days for new orders?

  The agency liaison will need to complete a Form 1662 to update the officer’s alternative duty station location for accountability purposes and to ensure the correct BAH is paid. [Appendix A] 1662s should be submitted in accordance with current policy (i.e., submitted to Assignments Branch within 30 business days of the effective date on the 1662).[Section 8-1] The timeline will follow the existing policy in CCI 311.03, “Request for Personnel Action,” which states, “CCHQ is responsible for… Issuing other personnel orders within 14 to 30 business days of the date received.” [CCI 311.03, Section 7-2.c.] An officer can request that this be expedited but this does not obligate CCHQ to do so.
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