Should My Company Have a Remote Work Policy?

Even if you have an employee handbook adapted to remote work, a standalone remote work policy often makes sense. Why? There are a couple of reasons. 

On the practical side, remote work is different. There are unique cultural and legal issues you need to address. A standalone remote work policy makes addressing those issues easier without cluttering your employee handbook. 

On the company-culture side, there are all kinds of things you can deal with in a remote work policy. For example, how will remote employees ensure they continue building relationships with supervisors and colleagues? How often, if ever, will remote employees be expected to attend in-person events? How will your company work to avoid proximity bias so that those employees who work in person don’t gain an unfair advantage for promotions? What are your company’s expectations for cameras during calls? Do you want supervisors to have daily, weekly, or monthly check-ins to ensure that relationships are built and maintained? Will you use analytics or artificial intelligence to monitor productivity? How do you want to ensure worker safety in the remote work environment? 

There are all kinds of approaches to take on these issues. What you decide and how you communicate your strategy will set a precedent and tone for your company’s remote culture. A remote work policy is usually the best place to address these issues. 

On the legal side, with your attorney, you should use your remote policy to address critical issues like maintaining data security and keeping your company updated on employee work locations.

Here are a few other issues I suggest you address in your remote work policy:

Work hours

Consistent work hours are essential for non-exempt remote employees. Just because your remote employees can be available anytime doesn’t mean they should be. Too much availability is a source of wage and hour liability if the employee is non-exempt (i.e., entitled to overtime). Use your remote work policy to set clear expectations on who will be responsive outside regular work hours. Supervisors should not expect non-exempt subordinates to respond to emails outside regular work hours. Supervisors must also avoid sending unnecessary emails and texts at odd hours when non-exempt employees might be too tempted to hop on their laptops and get to work. This means having a general awareness of time zones, too. 

Company equipment and supplies 

Make it clear what you will provide and what you will reimburse. Some states have different laws in place about what companies must do. Be careful. At a minimum, your company should provide laptops, screens, scanners, copiers, shredders, paper, and ink cartridges. Your remote employees should not be covering your business expenses. 

Paid time off 

Create clear expectations and rights on paid time off. Remote work should not be a substitute for time off or sick leave. When an employee needs to go to appointments, is ill, or wants a vacation, they should take time off just like your in-person employees would. 

A stand-alone remote work policy gives you a cohesive message on what remote work looks like for your company while addressing critical legal issues. If you don’t have a remote work policy, I recommend you get one. If you have an in-person employee negotiating for remote work, consider making approval of remote work conditional on your employee accepting your remote work policy and signing an acknowledgment for it while agreeing to a dispute resolution agreement. Let’s discuss why a dispute resolution agreement might be a good idea, especially for remote work.