Working from home has some legal guidelines attached to it which is mandatory for the employer to follow. Following guidelines is not only important but helps the employer to keep track of the working of his employees. Moreover, under some uncertain situations that occur suddenly for example COVID-19, employers must take things into consideration. It is the role of the employer to understand the situation and act according to the rules set by the government and the state laws.

List of Legal Issue Checklist For Employees Working From Home

Impartial Application Of Policies

• The employer should ensure that the workplace rules and plans must be flexible for employees working from home.
• Employers should have strong reasons for not allowing an employee to Telework. 
• In any uncertain circumstances like COVID-19, the employer needs to specify that the permission is given due to an unexpected reason.

Keeping An Eye On The Productivity Of The Employees

• Observing employees working from home needs to be specified in the company`s rules and policies.
• Employers under certain unexpected situations can monitor the employees working without their permission. As per the situation, the employees can be watched from time to time.
• Two different types of employees prevail in a company that is exempt and non-exempt. Therefore, according to the company policies, both types of employees need to have a record of their work timings. This makes it convenient for the employer to calculate their normal pay and overtime pay.
• Under special situations, the employer has the right to deduct the employee’s pay if he\she is not working for a few hours or part of the day. Moreover, even on bank holidays, the employer has the right to give his employees extra work to compensate for the holidays and day off`s taken by the employees.
• Due to COVID situations, the employees need to be given flexibility in their work. As it is obvious they will face distractions due to schools and offices remaining closed. Furthermore, it becomes the duty of the employer not to pressurize the employees for completion of work.
• It becomes the duty of the employer to provide the employees paid leave as per the laws set by the state government.

Other Legal Issues That Needs To Be Taken Under Consideration By The Employer

• Time Tracking: Recording the time of work is very important in situations like COVID 19. This helps the work from home employees to get their pay for the time given for work. If in any case, the employees are working in a remote area then they can submit an excel sheet specifying the daily record of the time of work.
• Paying For All Hard Work Of Employees: The employer must exempt the employees from meal breaks when working from home. Moreover, attending to phone calls, replying to emails, and other office-related work needs to be paid for. Employees are liable to take off duty rests and meal breaks when working from home.
• Remunerate For Expenses Incurred: During COVID situations the employers must make payments for any kind of work-related expenses made by the employees. This helps the employee to work effectively without any kind of stress. Internet bills, using personal laptops for work must be paid by the company for all those employees who are working from home.

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