124 STAT. 3166 PUBLIC LAW 111–292—DEC. 9, 2010 ‘‘(C) notify all employees of the agency of their eligi- bility to telework. ‘‘(2) LIMITATION.—An employee may not telework under a policy established under this section if— ‘‘(A) the employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or ‘‘(B) the employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties. ‘‘(b) PARTICIPATION.—The policy described under subsection (a) shall— ‘‘(1) ensure that telework does not diminish employee performance or agency operations; ‘‘(2) require a written agreement that— ‘‘(A) is entered into between an agency manager and an employee authorized to telework, that outlines the spe- cific work arrangement that is agreed to; and ‘‘(B) is mandatory in order for any employee to partici- pate in telework; ‘‘(3) provide that an employee may not be authorized to telework if the performance of that employee does not comply with the terms of the written agreement between the agency manager and that employee; ‘‘(4) except in emergency situations as determined by the head of an agency, not apply to any employee of the agency whose official duties require on a daily basis (every work day)— ‘‘(A) direct handling of secure materials determined to be inappropriate for telework by the agency head; or ‘‘(B) on-site activity that cannot be handled remotely or at an alternate worksite; and ‘‘(5) be incorporated as part of the continuity of operations plans of the agency in the event of an emergency. ‘‘§ 6503. Training and monitoring ‘‘(a) IN GENERAL.—The head of each executive agency shall ensure that— ‘‘(1) an interactive telework training program is provided to— ‘‘(A) employees eligible to participate in the telework program of the agency; and ‘‘(B) all managers of teleworkers; ‘‘(2) except as provided under subsection (b), an employee has successfully completed the interactive telework training program before that employee enters into a written agreement to telework described under section 6502(b)(2); ‘‘(3) teleworkers and nonteleworkers are treated the same for purposes of— ‘‘(A) periodic appraisals of job performance of employees; ‘‘(B) training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees; ‘‘(C) work requirements; or ‘‘(D) other acts involving managerial discretion; and 5 USC 6503. Contracts. Notification.
