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it is updated based upon your current needs . Strong remote work policies should include details on work hours , meal / rest periods , time and attendance records , and whether employees must obtain permission prior to working outside of work hours ( or working overtime ), and how that permission should be obtained . It is also important to detail how confidential information should be maintained for security . For example , you may want to specify that family members or others should not use equipment belonging to the church , especially if that equipment may include confidential information related to your church or its members .
One primary risk with non-exempt employees working remotely comes with the Fair Labor Standards Act and the need to ensure that time worked is recorded accurately . While you might want to allow some flexibility with work time , it is a safer policy to require an established schedule with permission requested before employees can deviate from that schedule . It is also vital that employees know they must accurately record their hours . For example , if an employee is recording time worked as from 8:00 am to 4:00 pm , but responding to work emails at 7:00 pm , you are on notice that your time records are not accurate .
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It is also important to give thought to how you will manage employees working remotely . Checking in frequently with calls , zoom meetings , or occasional inperson meetings at the church can go a long way to ensure workers continue to be engaged . Likewise , be mindful to listen to , document , and investigate any complaints or concerns that remote workers make , just as you would if everyone was working in person .
Additionally , even if you decide that remote work is not a long-term solution for your church , there may be situations when allowing it for a short term may be a reasonable accommodation for an employee with a disability . Under the Americans with Disabilities Act ( ADA ), “ disability ” means an individual who has ( A ) “ a physical or mental impairment that substantially limits one or more major life activities ,” ( i . e ., an “ actual disability ”), ( B ) “ a record of such impairment ,” or ( C ) is “ regarded as having such an impairment .”
“ Major life activities ” include caring for oneself , performing manual tasks , seeing , hearing , eating , sleeping , walking , standing , lifting , bending , speaking , breathing , learning , reading , concentrating , thinking , communicating , and working . Recently , the Department of Health and Human Services and the
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Department of Justice issued guidance clarifying that the condition known as “ long covid ” can qualify as a disability under the ADA . Employers need to engage in the interactive process with employees with disabilities and provide reasonable accommodations that would allow them to perform the essential functions of their jobs . Many times , remote work may qualify as a reasonable accommodation . Of course , if an essential function of the position is working with people ( such as a front desk receptionist or an in-person youth counselor ) remote work would not be a reasonable accommodation . In other words , these decisions are always fact specific and should be made carefully .
As we have seen over the last year and a half , remote work can be both a blessing and a curse , depending on the situation . Churches can successfully continue to use it , but should be mindful about when it is appropriate , and how to ensure that remote workers understand the churches expectations for their performance .
Author Lisa A . McGlynn is an attorney with Fisher & Phillips LLP in Tampa , Florida . She can be reached at lmcglynn @ fisherphillips . com .
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TCN PROFESSIONAL JOURNAL FALL 2021 |