How to write a remote work policy

What a remote and hybrid work policy should cover, from eligibility and schedules to time tracking for hourly staff, equipment and expenses, security, state law and performance, with an outline you can adapt.

⏱ 7 min readUpdated November 2026Remote work

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Found it: the state listKeep a list of the states where employees actually work from. Each one can bring its own tax, sick leave and final pay rules.
In shortA remote work policy should say which roles are eligible and how arrangements are approved, set expectations for working hours, availability and communication, explain how non-exempt employees record all time worked, cover equipment, expense reimbursement and data security, address where employees may work and how that affects tax and labor law, and explain how performance is managed and how arrangements can change. Keep it clear, apply it consistently and review it as your needs change.
Key takeaways

Why you need a written policy

Many businesses moved to remote or hybrid work without a formal policy, relying on informal agreements. Over time that creates inconsistency: one manager allows full remote work, another does not; some employees are reimbursed for internet, others are not; nobody is sure whether an employee can work from another state. A written policy sets fair rules, protects the business and gives employees clarity.

Eligibility and approval

Start by defining which roles can work remotely, fully or partly. Many frontline roles cannot, which is a fairness question to address openly. Base eligibility on the nature of the work, not on who asks. Define how employees request remote work, who approves it, whether there is a trial period and whether arrangements are documented in a written agreement. State that remote work is an arrangement that can be changed based on business needs, with reasonable notice, subject to any legal obligations such as disability accommodations.

Hours, availability and communication

Policy outline complete.

Time tracking for non-exempt employees

This is the section employers most often get wrong. Non-exempt remote employees must be paid for all hours worked, including overtime, just like on-site employees. The policy should require them to record start and end times and meal breaks accurately, prohibit working off the clock, require approval for overtime in advance (while making clear that unapproved overtime worked will still be paid) and explain how to correct missed punches. Short breaks of about 5 to 20 minutes are generally paid under federal law. See how to track remote employee hours and timekeeping policy.

What the DOL has said about remote work time

The Department of Labor has addressed remote work directly in two bulletins:

In practice, a remote employee’s ten-minute coffee break is paid, just as it would be in the office. Write that into the policy so managers do not ask employees to clock out for short breaks at home.

Equipment and expenses

State what the company provides, such as a laptop, phone, headset or software, how it must be cared for and returned and who to contact for support. Then address costs employees bear. Some states, including California, require employers to reimburse necessary business expenses, which can include a reasonable share of personal internet and phone costs used for work. Even where not required, a clear expense reimbursement policy avoids disputes. Our equipment checkout form helps track issued equipment.

Data security and privacy

If your business handles regulated data, such as health information, add the specific requirements. See the small business cybersecurity checklist.

Work location and state law

Where an employee works matters. Employees are generally covered by the employment laws of the state where they physically work, including minimum wage, overtime, paid sick leave and final pay rules, and you may need to register for payroll taxes and unemployment insurance there. Require employees to get approval before working from a different state or country for more than a short period. See our state labor law pages.

Health and safety at home

Employers’ safety responsibilities can extend to home offices in some respects. Provide basic ergonomic guidance, ask employees to keep their workspace safe and explain how to report work-related injuries that happen while working from home, since workers’ compensation may apply. See our workers’ compensation guide.

Performance and fairness

Manage remote employees by results and clear expectations, not by visibility. Set measurable goals, hold regular one-on-ones and give remote employees the same access to training, recognition and promotion as on-site staff. Watch for unintended bias toward people who are physically present. Offering flexibility to frontline roles where possible, such as predictable schedules and shift swaps, helps balance fairness when they cannot work remotely.

Hybrid schedules

Hybrid arrangements need their own rules. Decide whether on-site days are fixed (for example, Tuesday to Thursday for everyone), set by team or chosen by each employee within a minimum. Fixed or team-based days make in-person collaboration easier; individual choice gives more flexibility but can leave offices half empty on the wrong days. Publish the hybrid schedule like any other schedule, explain how to swap days and clarify whether commuting to the office on a hybrid day is ordinary commuting time, which is generally not paid, or travel during the workday, which generally is.

Remote work policy outline

  1. Purpose and scope.
  2. Eligibility, request and approval process; trial period; written agreement.
  3. Work hours, availability, communication and meetings.
  4. Timekeeping, breaks and overtime for non-exempt employees.
  5. Equipment, support and return of company property.
  6. Expense reimbursement.
  7. Data security and confidentiality.
  8. Work location, travel and out-of-state work.
  9. Health, safety and injury reporting.
  10. Performance expectations.
  11. Changes to or ending the arrangement.
  12. Acknowledgment signature.

Include the policy in your employee handbook and collect signed acknowledgments.

How EZTime supports remote and hybrid teams

EZTime lets remote employees clock in and out from a web browser or phone, records breaks, sends announcements and policy documents for e-signature and tracks time off requests in one place. Managers see hours and overtime in real time across remote and on-site staff. See employee communication app and e-signatures.

Frequently asked questions

What should a remote work policy include?

Eligibility and approval, hours and availability, communication, timekeeping for non-exempt staff, equipment and expenses, data security, work location rules, health and safety, performance expectations and how arrangements can change.

Do remote employees have to be paid overtime?

Non-exempt remote employees must be paid for all hours worked, including overtime, exactly like on-site employees. Require accurate time records and prohibit off-the-clock work.

Do employers have to reimburse remote work expenses?

Some states, including California, require reimbursement of necessary business expenses, which can include part of personal phone and internet costs. Check state law and set a clear policy.

Can a remote employee work from another state?

Only with approval. Working from another state can bring that state’s employment and tax laws into play, so require employees to request approval before changing work location.

Can I end a remote work arrangement?

Generally yes, if the policy reserves the right to change arrangements based on business needs, with reasonable notice. Consider any legal obligations, such as disability accommodations, before changing an individual’s arrangement.

How do you track hours for remote hourly employees?

Use a clock-in tool that works on a phone or computer, require employees to record start, end and break times as they happen, and set a clear rule that all work, including messages after hours, must be recorded. Review timesheets weekly for missing punches.

Who pays for equipment and internet for remote employees?

Federal law does not require reimbursement in general, but expenses cannot reduce a non-exempt employee’s pay below minimum wage, and some states, such as California, require reimbursement of necessary business expenses. Decide your policy in writing.

Where to go next

Related guides and tools

Remote hours, recorded properly

Remote employees clock in on EZTime from the app or web, so hours and breaks are on record wherever they work.

Disclaimer: This guide on remote work is general information, not legal advice. Wage and hour, expense reimbursement, tax and privacy rules for remote work vary by state. Have an employment attorney review your policy.