Can I Drill from Home - Telework (or the Lack Thereof) in the Army Reserve
![handle is hein.journals/armylaw2014 and id is 235 raw text is:
Can I Drill From Home? Telework (or the Lack Thereof) in the Army Reserve
Major T. Scott Randall*
I. Introduction
Army Reserve Soldiers perform duty in many locations
throughout the world. Reserve Soldiers typically perform
duty one weekend per month, called Inactive Duty Training
(IDT), and two weeks per year, called Annual Training
(AT).1 The issue arises as to the extent to which these
Reserve Soldiers may fulfill their training obligations from
their homes or offices. To illustrate this issue, consider the
following hypothetical. You are a member of the 22nd
Legal Operations Detachment, Trial Defense Services, in
San Antonio, Texas. You receive a call from a new client
during a weekday at your office. After a long phone
conversation with your client, you learn he is subject to a
general officer memorandum of reprimand (GOMOR). You
further learn the Soldier's response is due in two days. After
receiving a series of e-mails from your client through your
personal e-mail account, you assist him in drafting his
GOMOR response from home. The entire action takes you
approximately three hours. Can you validly receive military
service credit for your representation?
On 9 December 2010, President Obama signed into law
the Telework Enhancement Act of 2010 (TEA). This
legislation mandates the heads of all executive agencies,
including the Department of Defense (DoD), establish
telework policies for their employees.3 The intent of the
TEA is for the Federal Government to reduce its energy
consumption, increase job satisfaction and productivity
among its employees, reduce urban transportation
congestion, and increase its ability to disperse work during
periods of emergency.4 Servicemembers are included within
the definition of employees covered by the act.5
' See U.S. DEP'T OF ARMY, REG. 140-1, ARMY RESERVE MISSION,
ORGANIZATION, AND TRAINING para. 3-1 (20 Jan. 2004) [hereinafter AR
140-1]. Inactive duty training (IDT) periods performed by Reserve Soldiers
assigned to Reserve units, called Troop Program Units (TPUs), are called
unit training assemblies (UTAs). Id. para. 3-4. A UTA is an authorized and
scheduled training assembly of at least four hours, including roll call and
rest periods. Id. At least one day's pay or one retirement point, or both, is
authorized for each assigned or attached person who satisfactorily
completes the entire UTA. Id. This assembly is mandatory for all TPUs.
Id. Two or more UTAs conducted consecutively are called multiple unit
training assemblies (MUTAs). Id. No more than two UTAs may be
performed in one day. Id.
2 See 5 U.S.C. § 6501 (2013).
3 See id. § 6502.
4 See id. § 6506(b)(2)(F).
5 See id. § 6501. Section 6501 refers to the definition of employee found in
5 U.S.C. § 2105, which includes servicemembers within its scope. Id.
Under the TEA, telework is defined as a work flexibility
arrangement under which an employee performs the duties
and responsibilities of such employee's position from an
approved worksite (typically the employee's home) other
than the location from which the employee would otherwise
perform duty.6 Significantly, to be eligible for telework, the
TEA mandates that each employee sign a written telework
agreement outlining the terms and conditions of the
employee's telework duties and receive training on telework
procedures.7 Supervisors are called upon to emphasize that
if productivity is negatively affected by teleworking or if
employees otherwise fail to abide by their telework
agreements, then such employees will lose their telework
eligibility.8
The DoD implemented the TEA through DoD
Instruction (DoDI) 1035.01, which actively promotes the
adoption of teleworking policies and practices throughout
military departments.9 Department of Defense Instruction
1035.01 specifically applies to both civilian employees and
uniformed servicemembers.10 However, servicemember
eligibility is discretionary and determined by the relevant
commander or supervisor, consistent with [DoDI 1035.1]
and Component specific guidance.11 Further,
servicemember responsibilities associated with telework
programs are left to the discretion of each of the DoD
components. Therefore, the military components are
called upon to allow maximum flexibility for employees or
servicemembers to telework to the extent mission readiness
is not compromised.13
All military departments have adopted telework policies
for their civilian employees.4 Telework policies have also
6 See id. § 2105.
7 See id. § 6502.
S Id.
See U.S. DEP'T OF DEF., INSTR. 1035.01, TELEWORK POLICY para. 4 (4
Apr. 2012) [hereinafter DoDI 1035.01].
10 See id. para 2.
1 See id. encl. 3.
12 See id. encl. 2.
13 See id. encl. 3.
14 See Telework, U.S. ARMY CIVILIAN PERSONNEL (Apr. 23, 2012),
hatp://cpol.army.mil/libmry/permiss/5020.html; Telework, U.S. IMARINE
CORPS HUMAN RESOURCES AND ORGANIZATIONAL MANAGEMENT,
htp://www.hqmc.marines.mil/hrom/AdvisoryServ/EmployeeRelations/Tele
work.aspx (last visited Mar. 31, 2014); Telework , U.S. NAVY CIVILIAN
HUMAN RESOURCES, http://www.donhr.navy.mil/Benefits/Pages/
Default.aspx#worklife, last visited (Apr. 1, 2014); U.S. DEP'T AIR FORCE
POLICY DIR. 36-8 (10 Feb. 2009); Telework, U.S. COAST GUARD, OFFICE
APRIL 2014 - THE ARMY LAWYER - DA PAM 27-50-491](ViewImageLocal?handle=hein.journals/armylaw2014&div=52&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Can I Drill from Home - Telework (or the Lack Thereof) in the Army Reserve
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most