Dr. Amy Acton, M.D., MPH, Ohio Director of Health, pursuant to Ohio Revised Code Section 3701.13, has ordered that all non-essential businesses close and employees should remain at home.  This situation has led to many employers ordering their employees to work from their homes to reduce the spread of COVID-19. 

Most employers who have never had formal policies for working from home are now developing them or thinking about doing so. 

Here are some things to consider when determining if and when employees should be able to work remotely.

Determine Which Positions Are Appropriate for Telecommuting

This decision requires a thorough analysis of the duties of positions and how the work is performed.  The employee and manager should discuss the job responsibilities and determine if the job is appropriate for a telecommuting arrangement.

Generally, positions appropriate for telecommuting:

• Require independent work
• Require little face-to-face interaction
• Require concentration
• Result in specific, measurable work products
• Can be monitored by output, not time spent doing the job

Determine Qualities that Make an Employee Appropriate for Telecommuting

A company should review the work qualities of employees, in addition to ensuring that their positions are appropriate for telecommuting.  Generally, employees who are successful in telecommuting: 

• Are able to work productively on their own
• Are self-motivated and flexible
• Are knowledgeable about the job
• Have a low need for social interaction
• Are dependable and trustworthy
• Have above-average performance records
• Are organized
• Have good communication skills

Require Written Consents from Employees Who Are Required to Work at Home

A written consent would enable the employee to specify duties and expectations, which should be reviewed and approved by a supervisor, department head and a company executive. 

Here are some types of work that could be done at home:

• Reviewing incoming mail, publications, etc.
• Responding to mail or email correspondence either electronically and/or by telephone
• Preparing correspondence, reports, etc.
• Receiving and reviewing applications for financial assistance; developing agendas and agenda items for review of committees or boards
• Responding to inquiries; maintaining communication with department employees and supervisor on a daily basis; etc. 

Set Expectations for Employees Working at Home

These are among the actions companies often require of employees working from home: 

• Complete a time sheet for the pay period(s) involved and to identify hours worked at home
• Regularly update the supervisor of the scope of work completed through defined methods of communications
• Provide a log of all work activities undertaken
• Update the supervisor on matters requiring assistance of other staff members
• If applicable, notify the supervisor of a return to work date as soon as known.  It is noted that any approval of work at home would be subject to review at least every pay period and may be revoked at the sole discretion of the appointing authority on recommendation of the supervisor. 

Work-from-home policies are as different as the companies that use them.  Giving serious thought to these considerations can help lay the foundation for a policy that works for your business. 

_________

Paul Dutton is a lawyer with Harrington, Hoppe & Mitchell. His areas of practice include public sector law, business and corporate law and estate/succession planning. He can be reached at pdutton@hhmlaw.com or at (330) 744-1111.