As noted in the flexible work arrangement guiding principles, the approval of flexible work arrangements must fundamentally be made based on the ability to effectively meet the business needs of the Laboratory. We recognize that flexible work arrangements are not possible for every position, group, or person dependent on the individual circumstances or factors involved.
These guidelines and the process guide provide resources for supervisors to apply objective criteria toward balanced decision-making around the appropriate work arrangement for each position they supervise.
Supervisors are expected to thoughtfully consider the employee’s request for their desired work arrangements, but ultimately must make the best decision in the interest of the Laboratory. The final authority to approve, modify, deny, or revoke a flexible work arrangement rests with the division leadership (supervisor, division director, and/or ALD). All flexible work options should be reviewed at least annually and may change any time if the needs of the business change.
There may be situations when an employee’s desired work arrangement is not aligned with the needs of the position, supervisor, team, group, or division, resulting in a decision to modify or deny the request. Similarly, a supervisor may decide that an existing flexible work arrangement must be modified or revoked. It is expected that the employee and the supervisor engage in open and honest communication, and that the supervisor provides the employee with the reason for the modification or denial. Changes to an employee’s position requirements based on business and/or mission needs (including but not limited to reclassification, promotion, assignment to a new project, modification of duties, changes in customer needs, reorganizations, etc.) should prompt a reassessment of work and may result in a change to a work mode arrangement. Following are some examples of reasons that a denial, modification, or revocation may be warranted
Off-Site Concerns
- Systems/materials/equipment required to complete work is/are not available..
- Employee’s proposed telework and/or off-site work location is not ergonomically safe.
- Employee cannot guarantee or consistently and appropriately demonstrate being accessible during expected work hours.
- The off-site work location is not appropriately free from distractions that are interfering with effective and productive execution of work.
Position or Work Unit Requirements
- Proposed or current flexible work arrangement does not effectively meet the expectations and requirements of the position, project, team, or divisions, and/or stakeholder needs.
- A sufficient number of job requirements cannot be done off-site without disruption to position expectations, deliverables, stakeholders, customers, or coworkers.
- Change in assigned duties or projects: e.g. many employees may have an assignment that allows off-site work one year, but they are needed on-site the following year.
- Minimum service coverage requirements: the employee is required to be on-site to ensure normal services and functions of the work unit will be available during standard workday hours.
- Specific frequency, distance, and/or schedule cannot be accommodated.
If, after discussions between the employee and supervisor occur, continued disagreements remain unresolved, the supervisor is advised to contact their HR Division Partner for additional advice, guidance, and resources. Extenuating circumstances may require a temporary suspension or augmentation of an approved flexible work arrangement. Once a flexible work arrangement has been established, there may be occasional unanticipated business needs that warrant ad hoc adjustments to schedules. Employees must be flexible and committed to meeting business demands and may need to temporarily adhere to changes in the approved work arrangement or schedule (e.g., a Hybrid Worker required to report for work on-site daily for a specified period of time for a project deliverable). Supervisors should provide as much notice as possible when such demands occur to allow for employees to make appropriate adjustments. This type of temporary shift does not necessitate a change of work mode in the Work Mode Assignment Tool (linked in Flexible Work Resources) and should be resolved through conversation between employee and supervisor.
Modification or termination of an established work mode may also be prompted by the employee. If the employee wishes to change their established work mode, they should discuss this with their supervisor for consideration, who will then make a determination based on business need.
1 As of October 2021, there will be no immediate changes in the approach to compensation for Remote Workers and no changes are being made with respect to salary. However, the issue of Remote Worker salary is complex and Berkeley Lab is working to understand all aspects of this issue, including seeking guidance and expectations from DOE. This will inform our decision about the possible consideration of regional pay factors in the future. Employees entering into Remote Work agreements should understand that compensation adjustments based on remote work location may well be a reality in the future when there is a clearer understanding of federal requirements.