,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ajgac ,,in ,,the ,,house ,,of ,,representatives ,october #a1 #bjbf,mr4 ,subramanyam 7for himself1 ,mr4 ,walkinshaw1 ,mr4 ,hoyer1 ,ms4 ,mc,clellan1 ,mr4 ,ivey1 and ,mr4 ,lynch7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to establish a process for considering telework requests of ,federal employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,telework ,protection ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,experience in the ,federal ,government since the enactment of the ,telework ,enhancement ,act of #bjaj indicates that the ability of the ,federal workforce to telework-- 7,a7 improves agencies' productivity1 emergency preparedness1 continuity of operations in disruptive circumstances2 7,b7 reduces staff turnover1 absenteeism1 lost productivity1 and use of sick leave2 7,c7 improves employee health2 7,d7 promotes savings of funds and the effective use energy1 funding1 and other resources2 and 7,e7 helps with the retention and recruitment of qualified talent into the ,federal workforce4 7#b7 ,it is in the public interest that the ,federal workforce performs at the highest levels of productivity and performance to accomplish the operations of the ,government4 ,telework improves and facilitates the efficient accomplishment of operations of the ,government1 therefore telework for ,federal employees is in the public interest4 #c4 ,federal employee telework request process 7a7 ,in general ,section #feje of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking the second sentence and inserting ,the ,telework ,managing ,officer shall be within the executive agency telework office established under subsection 7e742 7#b7 by amending subsection 7c7 to read as follows3 7c7 ,status within the agency ,the ,telework ,managing ,officer of an agency shall be-- 7#a7 a senior official of the agency who has direct access to the head of the agency2 and 7#b7 a career position in the civil service and shall not be-- 7,a7 a political position 7as that term is defined in section #d7;a7 of ,public ,law #aad-acf 7#e ,u4,s4,c4 #caja note772 or 7,b7 a position in the excepted service4 2 and 7#c7 by adding at the end the following3 7e7 ,telework requests 7#a7 ,initial request 7,a7 ,in general ,an employee of an executive branch agency may make a request to telework to the employee's immediate supervisor4 ,the supervisor shall make a reasonable determination to approve or deny a telework request based on the consideration of conditions in paragraph 7#c77;,b71 the employee's job requirements1 and other factors as the supervisor may deem appropriate4 ,with respect to any request approved by a supervisor under this paragraph1 the supervisor shall provide a clear number of telework days to the employee during a clearly defined period of time1 as such supervisor deems appropriate4 7,b7 ,urgent medical condition ,if practicable1 the supervisor shall grant any employee with any urgent medical condition a period of ten to fifteen business days of telework while the applicable request is considered by the supervisor4 7#b7 ,appeal to telework office ,if a supervisor denies a request under paragraph 7#a71 and the employee has a substantial reason to believe that the supervisor did not make a reasonable determiniation under paragraph 7#a77;,a7 or consider a condition described in paragraph 7#c77;,b7 that the employee alleges to have met in the request1 or the employee requires a modification of the amount and duration of telework provided by the supervisor under such paragraph1 the employee may file an appeal with the telework office of the executive agency established under paragraph 7#d74 7#c7 ,application 7,a7 ,retaliation prohibited ,no adverse personnel action may be carried out in retaliation against an employee filing a teleworking request under paragraph 7#a7 or an appeal under paragraph 7#b74 7,b7 ,conditions ,in determining whether to grant an employee's telework request under paragraph 7#a7 or under an appeal under paragraph 7#b71 the supervisor or telework office 7as the case may be7 shall consider medical conditions1 caregiving1 disability1 and significant commuting time to the employee's official duty station4 7,c7 ,written explanation ,any decision by an immediate supervisor under paragraph 7#a7 or a telework office under paragraph 7#b7 shall include a written explanation of the decision1 including how the decision fulfills the requirements of this subsection4 7#d7 ,telework office 7,a7 ,in general ,there is established within each executive agency a telework office4 ,each office shall be responsible for reviewing appeals under paragraph 7#b74 7,b7 ,telework requests relating to health ,with respect to any such appeal based on medical reasons1 the telework office may request from the employee medical or other supplemental information the office considers appropriate4 ,the office shall ensure that such information remains confidential and may not be shared without the employee's consent4 7,c7 ,,mspb appeal ,an employee may appeal an adverse decision by the telework office to the ,merit ,systems ,protection ,board under section #ggja4 7#e7 ,automatic approval ,if a supervisor does not issue any decision with respect to a request under paragraph 7#a7 within #ij days after submission of such request1 or the telework office does not issue any decision with respect to an appeal under paragraph 7#b7 within #ij days after submission of the appeal1 the teleworking request shall be deemed approved until the date a final decision is made under either such paragraph4 7#f7 ,telework policies ,each executive branch agency shall update the agency's telework policy to reflect the telework request process established under the ,federal ,telework ,protection ,act4 ,each such policy shall be published on the agency's public website4 7#g7 ,application ,the authority under this subsection to grant an employee telework shall be in addition to any other authority providing telework pursuant to this chapter4 7#h7 ,reports ,not later than #a year after the date of the enactment of the ,federal ,telework ,protection ,act and annually thereafter1 the ,director of the ,office of ,personnel ,management shall submit a report1 to the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 on agency implementation of this subsection4 ,each such report shall include-- 7,a7 the total number of employees that had a teleworking request approved under this subsection2 7,b7 the total number of employees that had a teleworking request denied under this subsection2 7,c7 the total number of requests that were based on conditions described in paragraph 7#c77;,b72 and 7,d7 the total number of teleworking requests under this section that have not been processed4 4 7b7 ,rule of construction ,nothing in this ,act or any amendment made by this ,act shall be construed to supersede any collective bargaining agreement in effect on the date of the enactment of this ,act1 or entered into after such date1 between the ,federal ,government and any labor organization4 ,for any such agreement entered into on or after such date1 the parties may bargain the substantive conditions and procedures of telework notwithstanding this ,act or any amendment made by this ,act4 #d4 ,limitation on restricting telework ,no ,federal funds may be obligated or expended to implement the presidential memorandum titled ,return to ,in ,person ,work1 issued on ,january #bj1 #bjbe1 or any subsequent order or directive1 and agency guidance associated with such memorandum to eliminate remote work arrangements and require employees to return to work in-person at their respective duty stations4