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Indian Health Service The Federal Health Program for American Indians and Alaska Natives

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     Indian Health Manual

Part 7, Chapter 6:  Manual Exhibit 7-6-2-B

Sample FWAP Agreement for
Civil Service Employees

The following constitutes an agreement between:

__________(Employee)______ and_________(Area)______ of the terms and conditions of participating in the FWAP.

  1. Employee volunteers to participate in the FWAP and to adhere to the applicable guidelines and policies.  Area concurs with employee participation and agrees to the applicable guidelines and policies.

  2. Employee agrees to participate beginning____________Date/Time___________.

  3. Employee's official tour of duty will be:___________________________ to________________________ (including a one half-hour non-paid period) on _______________________ through (e.g., 8:00 a.m. to 4:30 p.m. on Monday through Friday).

    * This is merely a sample item; Areas should tailor this item to fit their particular circumstances.  At a minimum, this should cover hours and days of duty for each worksite, lunch period, core hours (if any), and flexibility of schedule.

  4. Employee will normally work__________________________ at their flexible work place and will report to their official duty station every ___________________________________.

  5. Employee's official duty station is: _________________________________.  The alternate duty station (the location in which the employee is designated to work while not at the official duty station) is ___________________________.  All pay, leave, and travel entitlements will be based on the employee's official duty station.

  6. Employee's timekeeper will have a copy of the employee's flexiplace schedule.  Employee's time and attendance will be recorded as performing official duties at the official duty station.  Employee will sign a certification each pay period that shows hours worked by the employee.

  7. Employees must obtain supervisory approval before taking leave in accordance with procedures established by the supervisor.  By signing this agreement, employee agrees to follow established procedures for requesting and obtaining approval of leave.

  8. Employee will continue to work in pay status while working at his/her approved alternate worksite.  If employee works overtime that has been ordered and approved in advance, he/she will be compensated in accordance with applicable laws and regulations.  The employee understands that the supervisor will not suffer and/or permit unauthorized overtime work and will take appropriate corrective action to assure compliance.  By signing this agreement, employee agrees that failing to obtain proper approval for overtime work may result in his/her removal from the Flexible Workplace Arrangements Program and other action as appropriate.

  9. If employee borrows Government equipment, employee will borrow and protect the Government equipment in accordance with the procedures established in FIRMR Bulletin 30, October 15, 1995.  Government-owned equipment will be serviced and maintained by the Government.  In the event the equipment needs to be serviced/repaired, the employee will be responsible for bringing the equipment to the appropriate personnel.  Housecalls for equipment repair will not be made.  If an employee provides his/her own equipment, he/she is responsible for servicing and maintenance.

  10. Provided the employee is given at least 24 hours advance notice, the employee agrees to permit periodic home inspections by the Government of the employee's home worksite at periodic intervals during the employee's normal working hours to ensure proper maintenance of Government-owned property and worksite conformance with safety standards and other specifications in these guidelines.

  11. The Government will not be liable for damages to an employee's personal or real property during the course of performance of official duties or while using government equipment in the employee's residence, except to the extent that the Government is held liable by Federal Tort Claims Act claims or claims arising under the Military Personnel and Civilian Employees Claims Act.

  12. The Government will not be responsible for operating costs, home maintenance, or any other incidental cost (e.g., utilities) associated with the use of the employee's residence if the residence is approved as the alternate worksite.  By participating in this program, the employee does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for the Government, as provided for by statute and implementing regulations.

  13. Employee is covered under the Federal Employee's Compensation Act if injured in the course of performing official duties at the official duty station or the alternate duty station.

  14. Employee will meet with the supervisor to receive assignments and to review completed work as necessary or appropriate.

  15. Employee will complete all assigned work according to work procedures and discussed between the employee and the supervisor and according to guidelines and standards stated in the employee's performance plan.

  16. Employee's job performance will be appraised in accordance with his/her performance plan.

  17. Employee's most recent performance rating of record must be at least fully successful before participation in a flexible work arrangement may be approved.

  18. Employee's current performance plan will contain performance standards covering work completed at the office (official duty station) as well as work completed at the employee's residence or telecommuting (alternate duty station) center.

  19. Employee will apply approved safeguards to protect Government/agency records from unauthorized disclosure or damage and will comply with the Privacy Act requirements set forth in the Privacy Act of 1974, Public Law 93-579, codified at section 522a, Title 5 U.S.C.

  20. Employee may terminate participation in this project at any time.  Management has the right to remove the employee from the project for but not limited to the following reasons:  the employee's performance deteriorates, the arrangement fails to benefit organizational needs, the employee performs unapproved overtime work, etc.

  21. Employee agrees to limit the performance of his/her officially assigned duties to his/her official duty station or to agency-approved alternate duty stations.  Failure to comply with this provision may result in loss of pay, termination of the FWAP, and/or other appropriate corrective action including disciplinary action.

  22. Employee is responsible for ensuring the safety and adequacy of the home workplace and for ensuring applicable building and safety codes are met.  This includes but is not limited to the following situations:

    1. Assuring that the home's electrical system is adequate for the use of Government equipment;

    2. Safeguarding Government equipment from children and pets; and

    3. Providing smoke detectors if required by the applicable building code.  Employees are encouraged to provide smoke detectors even if not required by the building code.

  23. All Government-provided equipment is for official business only.  Employees are prohibited from using such equipment for private purposes.

  24. The Standards of Conduct continue to apply to employees at their alternate duty station.

Employee___________________________ Date_____________________

Supervisor__________________________ Date_____________________

Approving Official______________________ Date____________________

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