What Should a Hybrid and Remote Work Policy Contain?

The Employment Law Counselor
1.26.22

The traditional office environment is transforming. While necessity led to office employees performing their work remotely during the pandemic, long-standing perceptions of working in a traditional office setting have shifted, and many employees now highly desire or expect flexible working arrangements for themselves. These arrangements can come in the form of a fully remote work arrangement or a hybrid of both remote and traditional.

We have previously discussed the importance for any business or employer to have an employee handbook, and a similar best practice for employers is a hybrid and remote work policy. A hybrid and remote work policy will provide expectations and guidelines for your employees and sets out clear expectations. The policy may also be a helpful recruitment tool as it can be provided to employees you are seeking to hire or even retain.

What should a hybrid and remote work policy contain?

A hybrid and remote work policy should cover which positions and employees are eligible for remote work (e.g., positions including mailroom or reception staff may not be suitable for a remote or hybrid work arrangement). The job expectations for hybrid and/or remote employees, such as availability during certain business hours and the processes for requesting, approving, or modifying such arrangements should also be addressed. A policy should also specify whether equipment or supplies are eligible for reimbursement and address any potential tax implications. In addition, it should also cover timekeeping requirements, especially for nonexempt employees to ensure compliance with overtime obligations. If your business has an existing remote work policy, such a policy can be adapted and revised to include a hybrid arrangement.

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only and you are urged to consult a lawyer concerning your own situation and legal questions.

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