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Dear Bureau Pat: I'm pregnant, on bed-rest, and want to work; can I telework?

By Bureaupat Jun 06 2008, 12:23 AM

Dear Bureau Pat,

I'm a hard working federal employee and expecting my first child.  Unfortunately, I've had a tough time and at 20 weeks I've been placed on bed rest to prevent early delivery.  My doctor says the only limitations I have are continuous movement.  I really don't want to use up all my leave before the baby is even born, plus I'm going to go crazy without anything to do!  Can I work from home?

Dear At Home,

Why would you want to work when you have every excuse to sit at home, eat anything, watch Oprah, and buy unnecessary devices off infomercials?  Better yet, take your bed rest to a spa and let a masseuse rub the workaholic right out of you!

Still not with me?  Then let's get to the thrust of your question and jump right into things kind of like you did 20 weeks ago.

While the late 20-century technology revolutionized the workplace, the 21-century workplace is evolving even further with computers, remote connectivity, voice and electronic communications, paperless work processes, HDTV - OK this doesn't belong in the list but I had to mention how cool it is - and other innovations make information and work increasingly mobile.  However, this does not mean your supervisor has evolved along with the technologies, especially if he/she is a throw back to the days of punch cards, and by that we mean time cards not pregnant chads in South Florida...I did not make up that term just for you, I swear.  

For over a decade, laws addressing telework (under various names - "work at home," "flexible work," "telecommuting," etc.) have been in effect for federal employees.  The main legislative mandate for telework was established in 2000 (§ 359 of Public Law 106-346).  This law states that "each executive agency shall establish a policy under which eligible employees of the agency may participate in telecommuting to the maximum extent possible without diminished employee performance."

Remember, each agency has its specific policies for telework, but typically, they fall into two types of telework arrangements, "regular and recurring" and "ad hoc," based on the recognition that organizational and employee needs may vary considerably and should be considered on a case-by-case basis.

Some situations require occasional or infrequent arrangements, while situations like yours are more conducive to longer periods or regularly scheduled arrangements. The intent in offering two types of telework is to provide supervisors, managers, and employees the maximum flexibility to establish an arrangement that is responsive to their particular situation. However, regular and recurring telework of at least one day per biweekly pay period usually receives the most support and approval from managers.

Unlike "ad hoc," regular and recurring telework requires an approved work schedule where eligible employees regularly work at least one day per biweekly pay period at an alternative worksite.

Reasons for regular and recurring telework arrangements include:

  • the recruitment and retention of high-quality employees;
  • improved employee morale and a better balance of work and personal lives;
  • reductions in commuting related stress and costs;
  • improvements in access or as a reasonable accommodation for disabled employees;
  • reductions in office space and associated costs;
  • the need for convalescence from a short-term injury or illness;
  • periods when the work office is not usable (e.g., during office renovation); or
  • assignment to a special project.

It is important to note that telework is not a substitute for dependent care and is not to be used to replace care arrangements.

Specific to your situation, a pregnancy is regarded as a serious health condition; however, it does not automatically qualify you for telework.  When an employee has medical documentation that states that the employee should not commute to work, should be confined at home, or is hospitalized during the pre and post-delivery periods, then the employee should be approved for a medical telework arrangement for those periods in which the employee is able to work (if requested) and the tasks to be performed are appropriate for a telework arrangement. 

This means that if your job entails answering phones at your agency or dealing with people on a face-to-face basis, teleworking is not for you.

While the polices that establish telework are on your side, it is important to remember that all leave and flexible work schedules are a privilege and not a right. Talk to your supervisor armed with this information, remembering that it is ultimately his or her decision.

If all else fails, you can cry, curse, or flip out in your supervisor's office and blame your behavior on the hormones.

The Only,
Bureaupat


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