Instruction 990-3, HHS Telework

Effective Date: 8/13/2025

990-3-00 Sections

990-3-10   Purpose
990-3-20   Material Superseded
990-3-30   Background 
990-3-40   Coverage and Exclusions 
990-3-50   Definitions 
990-3-60   Responsibilities
990-3-70   Telework
990-3-80   Eligibility
990-3-90   Situational/Ad Hoc Telework
990-3-100 Telework Approval, Denial, Suspension, and Termination
990-3-110  Determining the Official Worksite
990-3-120  Work-related Injuries at the Alternative Worksite
990-3-130  Weather and Emergency Related Telework
990-3-140  Continuity of Operations Plan (COOP) 
990-3-150  Training and Recertification Requirement
990-3-160  References 
990-3-170  Documentation and Accountability

990-3-10 Purpose

Participation in Telework is not an entitlement and must be based upon mission, sound business, and performance management principles in accordance with The Telework Enhancement Act of 2010, Public Law 111-292, management’s right to determine the Agency’s mission and organization, direct employees, and assign work per 5 U.S.C. § 7106(a). Per OPM’s February 3, 2025, guidance, HHS has the ability to set overall telework levels and exclude specific positions from telework eligibility.

When this policy’s provisions differ from changes in applicable law or regulations, the newest change in law or regulation will apply.

990-3-20 Material Superseded

HHS Instruction 990-2, Telework, dated March 13, 2025.

HHS Instruction 990-1, dated April 24, 2024

990-3-30 Background

This policy establishes the Department of Health and Human Service (HHS) Telework Program and supersedes all previously issued telework/workplace flexibilities policy and guidance.

This policy is effective immediately and must be followed by HHS Component HCM in accordance with applicable laws, regulations, and Departmental policy.

990-3-40 Coverage and Exclusions

  1. Coverage. This policy applies to all HHS employees as defined in 5 U.S.C. § 2105, non-Federal employees assigned to HHS under the Intergovernmental Personnel Act (IPA), and Federal employees on detail to the Department.
  2. Exclusions. This Policy does not apply to USPHS Commissioned Corps Officers or contractors; nor does it apply to employees assigned outside of the agency under an IPA agreement.

990-3-50 Definitions

  1. Agency. The U.S. Department of Health and Human Services may be referred to as “the Agency” or “the Department”.
  2. Agency Worksite. The official Federal agency location where work activities are performed is generally considered a conventional worksite/location of an employee's assigned organization. The term regular worksite is also used to describe agency worksite or Official Duty Station (ODS).
  3. Alternative Worksite. A location other than the ODS agency worksite from where an employee is approved to work. Generally, it is considered the employee's approved ad hoc/situational worksite (e.g., an employee's residence or other approved work location). Alternate Worksite Best Practices Checklist
  4. Domestic Employees Teleworking Overseas Agreement (DETO). An approved telework arrangement authorizing an HHS employee working in a position within the United States to telework from a foreign location for an established period. DETO arrangements are a discretionary arrangement, not an employee entitlement. HHS only supports Sponsored DETO agreements; Independent DETOs, defined as an employee not included on orders of a USG Sponsoring employee, are prohibited. A Sponsored DETO is defined as an employee on official travel orders as a spouse or partner of another USG employee on an official overseas assignment to a U.S. mission overseas. These Sponsored telework arrangements must adhere to the HHS Office of Global Affairs (OGA) DETO Policy which covers the requirements in the Department of State’s Memorandum, Requirements for Executive Branch Employees Teleworking in Foreign Locations, dated June 6, 2016. HHS will ensure that the DETO staff are categorized as spouses of HHS overseas personnel members on overseas assignments and are exempted from any return-to-office requirements. In addition, spouses of overseas personnel on overseas assignments may continue to be hired to remote-work positions consistent with 22 U.S.C. § 4026(b). All DETO requests should be routed to the applicable DETO Program POC or by emailing HHS-DETO@hhs.gov.
  5. Directed/Emergency Telework. Scenarios where eligible employees may be directed to work from a location other than the agency worksite pursuant to an agency's Continuity of Operations Plan (COOP) OPM, as applicable. These orders are not under an agency telework program and thus are not dependent upon an employee having entered a telework agreement.
  6. Component(s). The organizational entities of the U.S. Department of Health and Human Services, previously referred to as Operating Divisions (OpDivs) and Staff Divisions (StaffDivs).
  7. Intergovernmental Personnel Act (IPA). A program that provides for the temporary assignment of personnel between the Federal Government, state and local governments, colleges and universities, Indian Tribal governments, federally funded research and development centers, and other eligible organizations (5 U.S.C. § 3371 and 5 C.F.R. Part 334).
  8. Government Furnished Equipment (GFE). Government-owned property, to include but not limited to, Information Technology, devices, hardware, equipment, tools, services, licenses, or any other item provided to perform HHS business. See also HHS Policy for Rules of Behavior for Use of Information and IT Resources HHS Intranet and Technology Equipment Checklist.
  9. Local Commuting Area (LCA). The local commuting area is the geographic area that includes any population center (or two or more neighboring ones) and the surrounding localities in which people live and can reasonably be expected to travel back and forth daily to their official worksite of record (see 5 CFR §351.203). For purposes of this Policy, the local commuting area for an agency worksite is a radius of 50 miles from the agency worksite.
  10. Official Duty Station (ODS). An area defined by the Agency that includes the location where the employee regularly performs their duties. The area may be a mileage radius around a particular point, a geographic boundary, or any other definite domain where the employee regularly performs their duties. If the employee's work involves recurring travel or varies regularly, the location where the work activities of the employee's position of record are based is considered the regular place of work. The ODS generally is where the employee regularly performs their duties as determined by the agency. For employees covered by a Telework Agreement (TA), the official worksite is determined according to the criteria in 5 C.F.R. § 531.605(d). The city, county, and state where the official worksite is located is documented as the employee’s duty station on the Standard Form 50, Notification of Personnel Action; block 38, “Duty Station Code,” and block 39, “Duty Station.” This may be further delineated as an address in Block 45 “Remarks.”
  11. Official Travel. Travel under an official travel authorization away from an employee’s ODS or other authorized point of departure to a temporary duty location and return from a temporary duty location between two temporary duty locations or relocation at the direction of a federal agency.
  12. Situational/Ad Hoc Telework. Telework that is situational or ad hoc in nature that allows an employee with an approved arrangement to request telework in advance at the discretion of management. Situational/ad hoc telework occurs sporadically and is not regular/recurring.
  13. Telework Agreement (TA). A written agreement between the employee and the Agency that establishes situational/ad hoc or regular/recurring telework in accordance with this Policy. All Components s must use Telework Agreement, HHS Form 990-3.
  14. Telework Managing Officer (TMO). At the direction of the Chief Human Capital Officer (CHCO) or designee, serves as the primary point of contact with OPM on telework matters on behalf of the Department (5 U.S.C. § 6505).

990-3-60 Responsibilities

  1. HHS Secretary (or Designee):
    1. Approves special circumstance requests.
  2. HHS Deputy Secretary:
    1. Ensure HHS Component Administrator monitors compliance with this Policy and assess organization performance of the individual components to strengthen mission delivery.
    2. Ensures operational workforce policies are an important tool for talent recruitment and retention, which promotes meaningful in-person work at Federal offices.
    3. Determines HHS positions required for onsite presence based on the Department’s environment plans, Presidential Mandates, and OPM reporting requirements.
  3. HHS Assistant Secretary for Administration (ASA), Office of Human Resources (ASA/OHR):
    1. The Deputy Assistant Secretary for Human Resources/Chief Human Capital Officer (DAS-HR/CHCO) has the delegated authority to establish and administer Agencywide human resource policies, procedures, and programs and manage benefits programs and work-life balance initiatives. See HHS ASA Memorandum, Delegation of Human Resources Authorities, dated January 16, 2025, per OFR 2025-00382 (90 FR 2011).
    2. Establishes Agency-wide human resources policy and guidance consistent with HHS and OPM policy and guidance, and all applicable Federal laws and regulations. 
      Designates a Telework Managing Officer (TMO) to implement and oversee the Department's Telework Program; manage compliance and accountability including all reporting requirements; provide technical guidance to Components.  
  4. Component Head:
    1. Ensures Component’s compliance with this policy and applicable Federal laws and regulations related to telework arrangements.
    2. Ensures collaboration with the HHS TMO to address specific Component needs.
    3. Ensures Component adheres to the Telework Program requirements, to include submission of data and/or reports to the HHS ASA/OHR as requested.
  5. Component Human Resources Officers (HRO):
    1. Administers, as delegated, a work life program for their serviced Component, including telework in accordance with this policy.
    2. Complies with this policy and applicable Federal laws and regulations related to telework.
    3. Manages telework program in accordance with this policy and HHS ASA Memorandum, Delegation of Human Resources Authorities, dated January 16, 2025, per OFR 2025-00382 (FR 90 2011).
    4. Ensures changes to the ODS (personnel action requests) are processed in a timely manner, generally within one pay period of receipt of the request, consistent with the applicable restrictions in 5 C.F.R. § 330.502.
    5. Manages compliance and accountability for Telework training requirements for their employees.
    6. Serves as the Component subject matter expert and point of contact for addressing employee and supervisor inquiries.
    7. Monitors tasks assigned to the Component and provides reports to ASA/OHR as requested, to ASA/OHR.
    8. Determines the appropriate locality pay area and locality pay for employees approved in accordance with 5 C.F.R. § 531, Subpart F.
      1. Once the locality area is determined, a Change in Duty Station personnel action must be initiated in accordance with OPM’s Guide to Processing Personnel Actions.
      2. The new locality pay will only take effect once the Change in Duty Station personnel action (SF-50) is effective. Changes to the official worksite will be processed in a timely manner, generally within one pay period of receipt of the personnel action request, consistent with the applicable restrictions in 5 C.F.R. § 330.502.
      3. Continually ensures the employee's locality pay aligns with the employee's ODS in accordance with 5 C.F.R. § 531, Subpart F.
  6. Supervisor:
    1. Adheres to this policy consistent with Federal laws and regulations related to telework.
    2. Ensures compliance with this Policy and the Agency’s travel policy in managing official travel, local area travel and relocation expenses.
    3. Approves TAs for telework, as appropriate, based on the position and organizational needs.
    4. Ensures employee telework is documented on the TA and consistent with the time and attendance system for recordkeeping purposes, before verifying/approving the employee’s timecard. Reviews, discusses, updates, and certifies TA annually with employee.
      1. Managers will confirm the employee’s ODS is accurate (or make necessary changes) annually when certifying the TA.
    5. Notifies Component Head of any change to an employee's ODS at least one full pay period, prior to the change becoming effective.
      1. The geographical area of employees appointed via the competitive service cannot be changed within 90 days of appointment consistent with 5 C.F.R. § 330.502.
    6. Ensures teleworkers and non-teleworkers are treated the same for purposes of performance appraisals, training, rewarding, reassigning, promotions, reducing in grade, retaining, and removing employees, work requirements, or other acts involving managerial discretion.
    7. U.S. Public Health Service (USPHS) Commissioned Corps Officers who supervise Federal employees are required to execute the supervisory responsibilities and authorities outlined in this Policy.
  7. Employee:
    1. Complies with this Policy, procedures, approved TA and any Federal laws, regulations, policies related to telework activities.
    2. In conjunction with management, maintains a current TA that accurately reflects alternative worksite information and details any emergency responsibilities specified for continuity of operations or another emergency event, as appropriate for the approved flexibilities.
    3. Requests, in a timely manner, an update to the TA if circumstances change (e.g., supervisor, position, or duty location) and obtains supervisor approval for any change request to current TA.
    4. Completes mandatory telework training prior to starting a TA, and thereafter as assigned.
    5. Notifies the supervisor in writing of a decision to end participation in the Telework Program.
    6. Notifies supervisor within one (1) hour whenever problems arise that may adversely affect employee’s ability to perform work at the alternative worksite (e.g., power outages, technology issues, sick family members who require substantial attention, or other personal matters impacting their ability to perform their duties) and requests leave as required and/or situationally appropriate.
    7. Complies with the established security protocols for reporting computer security-related incidents (HHS Computer Security Incident Response Center (OCIO/OIS) at csirc@hhs.gov).
    8. Adheres to the Standards of Ethical Conduct for Employees of the Executive Branch (5 C.F.R. § Part 2635) and the supplemental standards.
    9. Employee shall be accessible during working hours by telephone, email, instant messaging system, or other appropriate communication technology or software, as determined by Agency policy.
    10. Ensures all GFE is used in compliance with Agency policy.
    11. Be  familiar with the agency's emergency and COOP plans (emergency, COOP, etc.) and supervisors’ expectations of how work will be performed during emergency events, including timeliness and deadlines for reporting availability status, check-in schedules, work assignments, or other activities or instructions.
    12. Follows Agency Travel Policy regarding official travel, local area travel, and applicable relocation expenses.

990-3-70 Telework

Telework is a mission-driven flexibility that may allow for performance of an employee’s assigned duties in the employee’s ODS or an alternative workplace. Telework is administered by the Department in accordance with applicable law and regulation based on the nature of the work and the portability of work. Telework is granted at the discretion of management per 5 USC 7106(a).  

  1. Participation in telework is voluntary and requires an approved TA. Employees are required to use Telework Agreement form HHS 990-3.
  2. Telework is not a substitute for dependent care. Employees must request leave to engage in dependent care duties during their workday.
  3. Work Schedule Changes: When an employee is scheduled to telework at the alternative worksite and, either by their own choice or at the direction of a supervisor, they travel to a different location to work, such as to a meeting, to training, etc., they are not in a telework status. The rules regarding commuting expenses apply. Refer to HHS Travel Policy for specific guidance.
  4. Changes to the Official Duty Station or Alternative Worksite and Locality Pay.
    1. Hiring officials are advised that the geographical area of employees appointed via competitive service cannot be changed within 90 days of appointment, consistent with the applicable restrictions in 5 C.F.R. § 330.502. Employees may not begin working at a new alternative worksite until the change has been approved.
      1. Any changes to the TA that impact time and attendance information must be documented in the time and attendance system for recordkeeping and reporting purposes.
      2. Employees who request a modification to their TA are responsible for all incurred expenses associated with the modification (e.g., relocation costs, transport fares, highway tolls, etc.).
    2. The employee’s failure to timely report and obtain approval for a change to the employee’s alternative worksite may result in the suspension or termination of the employee’s TA, recoupment for overpayment of locality pay, and/or disciplinary or adverse action. The employee will also be required to report to the agency worksite as directed.
  5. Travel to the Agency Worksite.
    1. An employee with an approved TA may be directed to travel to the agency worksite at any time for any reason, unless the employee has a reasonable accommodation precluding such a direction.
      1. Official travel must be approved in advance by the employee’s supervisor. Refer to the HHS Travel Policy for specific guidance.
      2. Compensatory Time Off for Travel. Employees should generally be directed to travel within their assigned duty hours. The employee required to perform official travel may be eligible to receive compensatory time off for travel if the approved itinerary requires the employee to be in a travel status when such time is not otherwise compensable. Refer to HHS Instruction 550- 3, Compensatory Time Off for Travel, for specific guidance.

990-3-80 Eligibility

Position eligibility for telework is determined by the nature and portability of the employee’s work and is subject to management’s discretion, per 5 USC 7106(a).

Not all positions are eligible for telework. Participation in the Telework Program is determined by the Component Head or designee based on organizational, business, or operational needs.

  1. Position eligibility is based on:
    1. The nature of work can be performed by allowing some or all duties to be completed without reporting to the agency worksite. This may include work assignments that involve the physical presence in another location (e.g., court, other federal work site) different from the agency worksite.
    2. Each HR Center must assess position eligibility against their business needs, ensuring that the level of participation does not diminish organizational or operational performance, including, but not limited to, the impact on whether telework would negatively impact the effective accomplishment of agency operations and the work of others. HHS and its Components’ management reserve its rights under 5 U.S.C. 7106(a) to determine telework levels.
    3. The resources required for the employee to complete the work are available and accessible virtually, including a computer to connect to the virtual private network (VPN) and internet service with sufficient bandwidth.
    4. The ability to evaluate the quantity, quality, manner of performance, and timeliness, as appropriate, for the work.
  2. The Employee eligibility is based on:
    1. Adhering to the requirements of their TA.
    2. Not being on a Performance Improvement Plan (PIP) or Opportunity to Demonstrate Acceptable Performance (ODAP).
    3. Performance at a fully successful level or higher.
    4. No official misconduct or disciplinary action has been taken against the employee in the last 6 months.
    5. Maintaining ongoing meaningful engagement related to their duties and established work goals. 
  3. The Employee is ineligible if:
    1. An employee is considered ineligible if they have ever been officially disciplined (i.e., for the purposes of this Policy, the term ‘official discipline’ refers to a disciplinary action that results in the placement of a document in an employee’s electronic Official Personnel Folder (eOPF)) for the following reasons, in accordance with the Telework Enhancement Act of 2010.
    2. Absent without leave for more than five (5) days in any calendar year; or
    3. Violate the Standards of Ethical Conduct for Employees of the Executive Branch (5 C.F.R. § 2635, Subpart G) for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing Federal Government duties. 
  4. Individual eligibility may be revoked if:
    1. The employee’s performance falls below the fully successful level.
    2. The employee’s behavior warrants official disciplinary action.
    3. The employee does not adhere to the requirements of their TA
    4. It is deemed to be in the best interest of the agency.
    5. Changes in organizational business need to change the portability of work assignments.

990-3-90 Situational/Ad Hoc Telework

  1. The terms situational and ad hoc telework are interchangeable and allow an employee with an approved TA to telework as requested and approved by management.
  2. The agency’s expectation is that employees report to their ODS on a full-time basis, provided that the department and agency heads shall make exemptions they deem necessary. Therefore, situational and ad hoc telework is not regular or recurring, must be requested and approved in advance, and occurs without a regular telework schedule.
  3. Employees who have an approved TA may need to telework irregularly for mission needs (e.g., inclement weather) should request a situational/ad hoc TA. First line supervisors are encouraged to approve situational/ad hoc TAs and to allow for situational/ad hoc telework for eligible employees, so long as telework is performed at the discretion of management.
  4. Telework ready employees with situational/ad hoc TAs must receive advance approval before using situational/ad hoc telework. An employee who fails to obtain advance approval may be disciplined, up to and including removal. Advance approval is not required for unscheduled telework during inclement weather or other similar situations, per OPM.
  5. Reasons for managers to consider approving Situational/Ad Hoc Telework:
    1. A supervisor may approve brief and intermittent telework arrangements to perform agency work in lieu of absences to promote service efficiency on a non-recurring or a pattern basis. A maximum not to exceed 2 weeks or 80 hours per calendar  year; any request beyond 2 weeks or 80 hours must go to the Deputy Assistant Secretary (DAS) or higher for review and approval. This time must be tracked in the agency time and attendance system. 
    2. Military Spouses: The CHCO memorandum dated, February 12, 2025, Guidance on Exempting Military Spouses and Foreign Service Spouses from Agency Return Office Plans, allows military spouses to continue in existing remote work arrangements—regardless of whether they were appointed under the Military Spouse Employment Act authorities—and may continue to appoint military spouses to remote work positions so long as the work continues to be portable. It also applies to spouses of members of the U.S. Foreign Service who are on overseas assignments.

990-3-100 Telework Approval, Denial, Suspension, and Termination

The supervisor or the employee may terminate a TA at any time. Reasons for termination may include circumstances wherein the arrangement is no longer conducive to the organization's business needs, the employee’s performance diminishes, or the employee’s circumstances change, and they request an adjustment.

  1. An employee must request approval from their supervisor, consistent with Section 990-3-60, to participate in the Telework Program.
  2. An employee’s request for a telework arrangement may be approved consistent with the requirements in Section 990-3-60.
  3. If a request is denied or modified, the supervisor must provide the employee a written notice.
  4. A TA must be terminated by the supervisor under these circumstances:
    1. If the employee has been absent without leave in the calendar year.
    2. If the employee has been officially disciplined for violations of the Standards of Ethical Conduct for Employees of the Executive Branch (5 C.F.R. § 2365, Subpart G) for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
    3. If situational/ad hoc or a long-term telework arrangement continues to diminish employee or agency performance, even after attempts to mitigate such diminishment have been attempted.
    4. Where applicable, the employee does not comply with the terms of their TA.
    5. If the business needs of the employee’s job change and/or the work or some portion is no longer portable or requires in-office presence.
  5. If a TA is being terminated, the employee will be given a reasonable amount of time to arrange for daily reporting to the agency worksite and receive notification at least one full bi-weekly pay period in advance.
  6. Suspension of Situational/Ad hoc Telework or Long-term Telework. The agency mission may require a suspension of telework due to an emergency. Examples may include but are not limited to, a national emergency, a mission-critical-related emergency, a new mission, or program establishment, etc. In these unusual situations, the agency will provide written notice and endeavor to provide the impacted employee(s) with as much advance notice as possible.

990-3-110 Determining the Official Worksite

For employees covered by a TA, the HR Center must determine the employee’s official worksite pursuant to the criteria outlined in 5 C.F.R. § 531.605(d). The official worksite must be documented on the employee’s Notification of Personnel Action (Standard Form 50 or equivalent).

  1. Telework Employees (Situational/Ad hoc).
    1. The ODS is the location of the agency worksite (the place where the employee normally reports for work).
    2. For an employee whose work location varies (e.g., mobile worker), the employee is not required to work at least twice each bi-weekly pay period at the agency worksite (where the employee’s work activities are based) if the employee is regularly performing work within the OPM locality pay area for that worksite.
  2. For employees on approved remote work, such as Military Spouses, the official worksite is the approved alternative worksite, typically the employee’s home address, provided the employee is not required to report to the agency worksite at least twice each pay period on a regular and reoccurring basis.
  3. Both situational/ad hoc and remote work employees may only have one designated alternative worksite of record. Temporary use of another alternative worksite or permanent change to an employee’s approved alternative worksite requires prior approval by their supervisor and the ASA for military spouse work. A request for a permanent change to an alternative worksite must be submitted through a revised TA.

990-3-120 Work-related Injuries at the Alternative Worksite

  1. All HHS employees are covered under the Federal Employees’ Compensation Act (FECA) for work- related injuries or occupational illnesses sustained while performing official duties. Questions should be directed to the HHS ASA/Program Support Center/Federal Occupational Health, Workers’ Compensation Management | HHS.gov.
  2. Employees must immediately report any accident or injury at the alternative worksite to their supervisor. The supervisor must immediately report all reported injuries as claimed by the employee to their servicing Human Resources Center’s workers’ compensation POC.

990-3-130 Weather and Emergency Related Telework

Employees with an approved TA are required to telework on days they are regularly scheduled to report to the agency worksite when the Federal Government has announced unscheduled leave, unscheduled telework, delayed arrival, early departures, or that Federal offices are closed to the public.

  1. Employees with an approved TA are also required to follow established leave procedures to account for time the employee is not performing work during a scheduled tour of duty.
  2. Employees approved to telework are not eligible and do not receive weather and safety leave when a closure is announced. Instead, they must work from their alternative worksite for the entire workday, take leave (paid or unpaid) or other paid time off, or use a combination of work hours and leave or other paid time off unless one of the exceptions discussed further in this section applies.
  3. Weather and Safety Leave:
    1. Employees with an approved TA will be required to work from their alternative worksite in the event of a weather and safety emergency. If the employee cannot safely perform work due to conditions outside of their control (e.g., power outage due to a storm, flooding, local security concerns, or other related emergencies), they must request weather and safety leave.
    2. Employees with an approved TA who may be onsite at the agency worksite during a weather and safety emergency may be required to resume working upon arrival at their alternative worksite and complete their tour of duty.

990-3-140 Continuity of Operations Plan (COOP)

A Component’s Continuity of Operations Plan (COOP) must cover telework consistent with the HHS COOP administered by Administration for Strategic Preparedness and Response (ASPR).

Employees designated as mission critical may be required to report to the agency worksite in the event of the activation of a COOP.

990-3-150 Training and Recertification Requirement

  1. Training: All eligible HHS employees establishing or re-establishing a TA must complete telework training, typically via the HHS Learning Management System, to participate in the Telework Program and as otherwise directed, and to ensure the readiness to telework.
  2. Recertification: All eligible HHS employees must recertify annually, via a method determined by ASA/OHR, to ensure continued eligibility and readiness to telework.

990-3-160 References

  1. Public Law (P.L.) 106-346, Section 359, October 23, 2000
  2. Public Law (P.L.) 111-292, R 1722, Telework Enhancement Act of 2010, December 9, 2010
  3. 5 C.F.R. § 351.203, Local Commuting Area Definitions
  4. 5 C.F.R. § 531, Subpart F, Locality Pay Systems
  5. HHS Instruction 610-1, Establishing and Administering Hours of Duty, December 2, 2021
  6. HHS-OCIO-OIS-02-09-2023, HHS Rules of Behavior for the Use of HHS Information and IT Resource Policy
  7. HHS Travel Policy (administered by the ASA/Program Support Center)
  8. HHS ASA Memorandum, Delegation of Human Resources Authorities, dated January 16, 2025
  9. HHS DASHR Memorandum, Delegation of Human Resources Authorities, dated May 9, 2022
  10. OPM Memorandum, CPM 2023-16, Guidance on Hours of Work for Telework and Remote Work Employees, August 21, 2023
  11. OPM Guidance on Presidential Memorandum Return to In-Person Work, dated January 20, 2025
  12. OMB and OPM Agency Return to Office Implementation Plans, memorandum dated, January 27, 2025
  13. OPM Guidance on Collective Bargaining Obligations in Connection with Return to In-Person Work, dated February 3, 2025
  14. HHS – Return to In-Person Work, HHS Employees, memorandum dated February 7, 2025
  15. OPM Guidance on Exempting Military Spouses and Foreign Service Spouses from Agency Return to Office Plans, dated February 12, 2025
  16. Military Spouse Employment Act, 5 USC 3330d

990-3-170 Documentation and Accountability

  1. Documentation. Records associated with personnel actions, including TA’s and documentation sufficient for third-party reconstruction purposes, must be retained according to the National Archives and Records Administration (NARA), General Records Schedule (GRS) 2.3, Item 040, Employee Relations Programs’ Administrative Records. Generally, all records created each year must be retained until replaced or cancelled, or one (1) year after the end of the employee’s participation in the program, whichever is sooner. Records involved in litigation and grievance processes may be destroyed only after official notification from OPM, the Department of Justice, the courts, the Office of the General Counsel, etc., that the matter has been fully litigated or resolved and closed.
    Designation of telework arrangement status must be documented within the HHS time and attendance system as OPM reporting requirements require, in accordance with HHS Timekeeper Guide.
  2. Accountability.
    1. ASA/OHR will conduct periodic accountability reviews to analyze compliance with this Policy, OPM policy guidance, and applicable Federal laws and regulations.
    2. Each Department shall:
      1. Ensure their department is adhering to the requirements in this Policy.
      2. Establish annual goals in coordination with the Agency’s TMO for participation in each program area, gauging productivity, employee engagement, and recruitment and retention.
      3. Conduct an annual evaluation of the TWP to determine the impact on organizational performance, employee engagement, recruitment, and retention.
      4. Ensure all training requirements for the program are met and have successfully been completed.
      5. Submit a TWP report to Telework@hhs.gov, upon request of ASA/OHR, to comply with reporting requirements to HHS leadership, Congress, OMB, OPM, etc.

/s/
Thomas J. Nagy Jr., MLER,
Deputy Assistance Secretary for Human Resources Chief Human Capital Officer

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