Federal employee telework request process

(a) In general Section 6505 of title 5, United States Code, is amended— (1) in subsection (a), by striking the second sentence and inserting The Telework Managing Officer shall be within the executive agency telework office established under subsection (e).; (2) by amending subsection (c) to read as follows: (c) Status within the agency The Telework Managing Officer of an agency shall be— (1) a senior official of the agency who has direct access to the head of the agency; and (2) a career position in the civil service and shall not be— (A) a political position (as that term is defined in section 4(a) of Public Law 114–136 (5 U.S.C. 3101 note)); or (B) a position in the excepted service.; and (3) by adding at the end the following: (e) Telework requests (1) Initial request (A) In general An employee of an executive branch agency may make a request to telework to the employee’s immediate supervisor. The supervisor shall make a reasonable determination to approve or deny a telework request based on the consideration of conditions in paragraph (3)(B), the employee’s job requirements, and other factors as the supervisor may deem appropriate. With respect to any request approved by a supervisor under this paragraph, the supervisor shall provide a clear number of telework days to the employee during a clearly defined period of time, as such supervisor deems appropriate. (B) Urgent medical condition If practicable, the supervisor shall grant any employee with any urgent medical condition a period of ten to fifteen business days of telework while the applicable request is considered by the supervisor. (2) Appeal to telework office If a supervisor denies a request under paragraph (1), and the employee has a substantial reason to believe that the supervisor did not make a reasonable determiniation under paragraph (1)(A) or consider a condition described in paragraph (3)(B) that the employee alleges to have met in the request, or the employee requires a modification of the amount and duration of telework provided by the supervisor under such paragraph, the employee may file an appeal with the telework office of the executive agency established under paragraph (4). (3) Application (A) Retaliation prohibited No adverse personnel action may be carried out in retaliation against an employee filing a teleworking request under paragraph (1) or an appeal under paragraph (2). (B) Conditions In determining whether to grant an employee’s telework request under paragraph (1) or under an appeal under paragraph (2), the supervisor or telework office (as the case may be) shall consider medical conditions, caregiving, disability, and significant commuting time to the employee’s official duty station. (C) Written explanation Any decision by an immediate supervisor under paragraph (1) or a telework office under paragraph (2) shall include a written explanation of the decision, including how the decision fulfills the requirements of this subsection. (4) Telework office (A) In general There is established within each executive agency a telework office. Each office shall be responsible for reviewing appeals under paragraph (2). (B) Telework requests relating to health With respect to any such appeal based on medical reasons, the telework office may request from the employee medical or other supplemental information the office considers appropriate. The office shall ensure that such information remains confidential and may not be shared without the employee’s consent. (C) MSPB appeal An employee may appeal an adverse decision by the telework office to the Merit Systems Protection Board under section 7701. (5) Automatic approval If a supervisor does not issue any decision with respect to a request under paragraph (1) within 90 days after submission of such request, or the telework office does not issue any decision with respect to an appeal under paragraph (2) within 90 days after submission of the appeal, the teleworking request shall be deemed approved until the date a final decision is made under either such paragraph. (6) Telework policies Each executive branch agency shall update the agency’s telework policy to reflect the telework request process established under the Federal Telework Protection Act. Each such policy shall be published on the agency’s public website. (7) Application The authority under this subsection to grant an employee telework shall be in addition to any other authority providing telework pursuant to this chapter. (8) Reports Not later than 1 year after the date of the enactment of the Federal Telework Protection Act and annually thereafter, the Director of the Office of Personnel Management shall submit a report, to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, on agency implementation of this subsection. Each such report shall include— (A) the total number of employees that had a teleworking request approved under this subsection; (B) the total number of employees that had a teleworking request denied under this subsection; (C) the total number of requests that were based on conditions described in paragraph (3)(B); and (D) the total number of teleworking requests under this section that have not been processed.. (b) Rule of construction Nothing in this Act or any amendment made by this Act shall be construed to supersede any collective bargaining agreement in effect on the date of the enactment of this Act, or entered into after such date, between the Federal Government and any labor organization. For any such agreement entered into on or after such date, the parties may bargain the substantive conditions and procedures of telework notwithstanding this Act or any amendment made by this Act.