How to Write a Remote Work Policy (With a Checklist)
A clear remote work policy prevents confusion and protects your company and employees. Learn what to include, U.S. legal considerations and a ready-to-use checklist.
Whether your organization is fully remote, hybrid or offers occasional work-from-home days, a written remote work policy creates clarity. It answers questions before they become problems, ensures fairness and helps your company stay compliant. This guide covers what to include and the U.S. legal topics HR teams should consider. As always, review your final policy with legal counsel, since requirements vary by state.
Why you need a remote work policy
Without a policy, remote arrangements are often decided case by case, which can lead to inconsistent treatment, misunderstandings and legal risk. A clear policy:
- Sets expectations for availability, communication and performance
- Ensures fair, consistent eligibility decisions
- Protects company data and equipment
- Addresses legal requirements around hours, expenses and safety
What to include
1. Purpose and scope
Explain why the policy exists and who it covers — all employees, specific roles or certain locations.
2. Eligibility
Define which roles are eligible for remote or hybrid work and the criteria used, such as job duties, performance standing and business needs. Explain how employees request remote work and who approves it.
3. Work arrangements
Describe the types of arrangements offered: fully remote, hybrid (with expected in-office days) or occasional remote work. Clarify whether employees can work from anywhere or must live in specific states or countries. Working across state lines can create tax and employment law obligations for employers.
4. Hours and availability
Set expectations for:
- Core hours when employees should be available
- Response times for messages
- Time zone considerations
- How non-exempt employees record all hours worked, including breaks, under the Fair Labor Standards Act (FLSA) and state law
Remind managers about after-hours messages. Non-exempt employees must be paid for all time worked — including answering emails or messages outside scheduled hours. Clear guidance protects both employees and the company.
5. Communication and collaboration
Outline which tools to use for what purposes, meeting expectations and requirements for attending in-person events or meetings.
6. Equipment and technology
Specify what the company provides (laptop, monitor, headset), how equipment is returned, who handles repairs and expectations for internet reliability.
7. Expenses and reimbursement
Explain stipends or reimbursement for internet, phone or office equipment. Some states — such as California and Illinois, among others — require employers to reimburse necessary business expenses employees incur. Confirm requirements for each state where employees work.
8. Data security and confidentiality
Include requirements for VPN use, password management, multi-factor authentication, secure Wi-Fi, device use and handling of confidential information and printed documents.
9. Workspace and safety
Encourage a safe, ergonomic workspace. Explain how employees report work-related injuries that happen at home, since workers' compensation may apply.
10. Performance expectations
Clarify that remote employees are held to the same performance standards as on-site employees and describe how performance will be measured.
11. Accommodations
Note that employees may request remote work as a reasonable accommodation under the Americans with Disabilities Act (ADA), and explain the process.
12. Changes and termination of arrangements
Explain how and when remote arrangements may be reviewed, modified or ended, including notice periods.
Remote work policy checklist
- Purpose, scope and definitions
- Eligibility criteria and request process
- Types of arrangements and location rules
- Core hours, availability and timekeeping
- Communication tools and meeting expectations
- Equipment provided and return process
- Expense reimbursement rules by state
- Data security and confidentiality requirements
- Workspace safety and injury reporting
- Performance standards
- Accommodation process
- Review, modification and termination process
- Employee acknowledgment signature
Roll it out well
- Train managers on applying the policy consistently.
- Publish it in your employee handbook and wiki.
- Hold a Q&A session for employees.
- Review the policy at least annually as laws and business needs change.
Related guide: How to Keep Remote Employees Engaged
Key takeaways
- A remote work policy creates consistency, fairness and legal protection.
- Cover eligibility, hours, equipment, expenses, security, safety and performance.
- Pay special attention to timekeeping for non-exempt employees and state expense laws.
- Have legal counsel review the policy and update it regularly.
Frequently asked questions
Do small businesses need a remote work policy?
Yes. Even a short policy prevents misunderstandings and helps with compliance.
Can employers require employees to return to the office?
Generally, yes, depending on employment agreements, policies, accommodations and applicable laws. Clear policies about how arrangements can change reduce conflict.
Should the policy cover working from another country?
Yes. International remote work raises tax, immigration and legal issues, so many companies restrict or require approval for it.
This article is for general informational purposes and isn’t a substitute for professional legal, medical, tax or financial advice. See our disclaimer.
