--- kind: "section" citation: "5 U.S.C. § 6502" title: "5" title_heading: "Government Organization and Employees" number: "6502" heading: "Executive agencies telework requirement" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/5/6502" units: - "Part III — Employees" - "Subpart E — Attendance and Leave" - "Chapter 65 — Telework" --- # §6502. Executive agencies telework requirement - (a) **Telework Eligibility.—** - (1) **In general.—** Not later than 180 days after the date of enactment of this chapter, the head of each [executive agency](/usc/5/6501.md?p=2) shall— - (A) establish a policy under which [eligible](/usc/5/4701.md?p=a-3) [employees](/usc/5/4701.md?p=a-2) of the [agency](/usc/5/3132.md?p=a-1) may be authorized to [telework](/usc/5/6501.md?p=3); - (B) determine the eligibility for all [employees](/usc/5/4701.md?p=a-2) of the [agency](/usc/5/3132.md?p=a-1) to participate in [telework](/usc/5/6501.md?p=3); and - (C) notify all [employees](/usc/5/4701.md?p=a-2) of the [agency](/usc/5/3132.md?p=a-1) of their eligibility to [telework](/usc/5/6501.md?p=3). - (2) **Limitation.—** An [employee](/usc/5/4701.md?p=a-2) may not [telework](/usc/5/6501.md?p=3) under a policy established under this section if— - (A) the [employee](/usc/5/4701.md?p=a-2) has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or - (B) the [employee](/usc/5/4701.md?p=a-2) has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for [Employees](/usc/5/4701.md?p=a-2) of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal [Government](/usc/5/4101.md?p=3) computer or while performing official Federal [Government](/usc/5/4101.md?p=3) duties. - (b) **Participation.—** The policy described under [subsection (a)](#a) shall— - (1) ensure that [telework](/usc/5/6501.md?p=3) does not diminish [employee](/usc/5/4701.md?p=a-2) performance or [agency](/usc/5/3132.md?p=a-1) operations; - (2) require a written agreement that— - (A) is entered into between an [agency](/usc/5/3132.md?p=a-1) manager and an [employee](/usc/5/4701.md?p=a-2) authorized to [telework](/usc/5/6501.md?p=3), that outlines the specific work arrangement that is agreed to; and - (B) is mandatory in order for any [employee](/usc/5/4701.md?p=a-2) to participate in [telework](/usc/5/6501.md?p=3); - (3) provide that an [employee](/usc/5/4701.md?p=a-2) may not be authorized to [telework](/usc/5/6501.md?p=3) if the performance of that [employee](/usc/5/4701.md?p=a-2) does not comply with the terms of the written agreement between the [agency](/usc/5/3132.md?p=a-1) manager and that [employee](/usc/5/4701.md?p=a-2); - (4) except in emergency situations as determined by the head of an [agency](/usc/5/3132.md?p=a-1), not apply to any [employee](/usc/5/4701.md?p=a-2) of the [agency](/usc/5/3132.md?p=a-1) whose official duties require on a daily basis (every work day)— - (A) direct handling of secure materials determined to be inappropriate for [telework](/usc/5/6501.md?p=3) by the [agency](/usc/5/3132.md?p=a-1) head; or - (B) on-site activity that cannot be handled remotely or at an alternate worksite; - (5) be incorporated as part of the continuity of operations plans of the [agency](/usc/5/3132.md?p=a-1) in the event of an emergency; and - (6) enumerate the circumstances under which [employees](/usc/5/4701.md?p=a-2) may be permitted to temporarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as determined by the head of the [agency](/usc/5/3132.md?p=a-1), such circumstances shall not include a situation in which an [employee](/usc/5/4701.md?p=a-2)’s official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for [telework](/usc/5/6501.md?p=3) by the [agency](/usc/5/3132.md?p=a-1) head. - (c) **Required Telework.—** If an [agency](/usc/5/3132.md?p=a-1) places an [employee](/usc/5/4701.md?p=a-2) in investigative leave under [section 6329b](/usc/5/6329b.md), the [agency](/usc/5/3132.md?p=a-1) may require the [employee](/usc/5/4701.md?p=a-2) to, through [telework](/usc/5/6501.md?p=3), perform duties similar to the duties that the [employee](/usc/5/4701.md?p=a-2) performs on-site if— - (1) the [agency](/usc/5/3132.md?p=a-1) determines that such a requirement would not— - (A) pose a threat to the [employee](/usc/5/4701.md?p=a-2) or others; - (B) result in the destruction of evidence relevant to an investigation; - (C) result in the [loss](/usc/5/8401.md?p=18) of or damage to [Government](/usc/5/4101.md?p=3) property; or - (D) otherwise jeopardize legitimate [Government](/usc/5/4101.md?p=3) interests; - (2) the [employee](/usc/5/4701.md?p=a-2) is [eligible](/usc/5/4701.md?p=a-3) to [telework](/usc/5/6501.md?p=3) under subsections [(a)](#a) and [(b)](#b) of this section; and - (3) the [agency](/usc/5/3132.md?p=a-1) determines that it would be appropriate for the [employee](/usc/5/4701.md?p=a-2) to perform the duties of the [employee](/usc/5/4701.md?p=a-2) through [telework](/usc/5/6501.md?p=3). ## Source credit (Added Pub. L. 111–292, § 2(a), Dec. 9, 2010, 124 Stat. 3165; amended Pub. L. 114–328, div. A, title XI, § 1138(d)(3), Dec. 23, 2016, 130 Stat. 2469; Pub. L. 117–81, div. F, title LXII, § 6202(a)(2), Dec. 27, 2021, 135 Stat. 2389.) ## Notes ### Editorial Notes ### References in Text The date of enactment of this chapter, referred to in subsec. (a)(1), is the date of enactment of Pub. L. 111–292, which was approved Dec. 9, 2010. ### Amendments 2021—Subsec. (b)(6). Pub. L. 117–81 added par. (6). 2016—Subsec. (c). Pub. L. 114–328 added subsec. (c). ### Statutory Notes and Related Subsidiaries ### Telecommuting Opportunities Pub. L. 117–81, div. F, title LXII, § 6202, Dec. 27, 2021, 135 Stat. 2389, provided that:DETO Policy.— In general.—Each Federal department and agency shall establish a policy enumerating the circumstances under which employees may be permitted to temporarily perform work requirements and duties from approved overseas locations where there is a related Foreign Service assignment pursuant to an approved Domestically Employed Teleworking Overseas (DETO) agreement, consistent with the requirements under section 6502 of title 5, United States code [sic] (relating to the executive agencies telework requirements), as amended by paragraph (2), and DETO requirements, as set forth in the Foreign Affairs Manual and Foreign Affairs Handbook of the Department of State. Amendment.— Access to ICASS System.—Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of State shall revise chapter 900 of volume 6 of the Foreign Affairs Manual, the International Cooperative Administrative Support Services Handbook, the Personnel Operations Handbook, and any other relevant regulations to allow each Federal agency that has enacted a policy under subsection (a) to have access to the International Cooperative Administrative Support Services (ICASS) system.”