(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 shall—
(2) Limitation.—An employee may not telework under a policy established under this section if—
(A)
the employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or
(B)
the employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
(b) Participation.—The policy described under subsection (a) shall—
(4) except in emergency situations as determined by the head of an agency, not apply to any employee of the agency whose official duties require on a daily basis (every work day)—
(A)
direct handling of secure materials determined to be inappropriate for telework by the agency head; or
(5)
be incorporated as part of the continuity of operations plans of the agency in the event of an emergency; and
(6)
enumerate the circumstances under which employees 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, such circumstances shall not include a situation in which an employee’s official duties require on at least a monthly basis the direct handling of secure materials determined to be inappropriate for telework by the agency head.
(c) Required Telework.—If an agency places an employee in investigative leave under section 6329b, the agency may require the employee to, through telework, perform duties similar to the duties that the employee performs on-site if—
(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.)