Remote and Hybrid Work Agreement Template (US)

Updated on August 5, 2026

A remote and hybrid work agreement records where an employee may work, when they must be available, what equipment and security rules apply, how working time is recorded, which expenses are reimbursed, and when the arrangement can be reviewed or changed. It is often called a flexible work agreement, hybrid work agreement, telework agreement, remote work addendum, or agile working agreement.

This US template is designed as an employment addendum, not as a stand-alone employment contract and not as a mere policy memo. It assumes the employee's underlying employment agreement, handbook, wage notice, confidentiality obligations, and applicable employment laws still apply. The form adds work-model choices, approved locations, core hours, office attendance, equipment, timekeeping, overtime approval, safety, expenses, information security, accommodation process, cross-border limits, and periodic review.

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Work modelEmployee classification

Remote and Hybrid Work Agreement

This Remote and Hybrid Work Agreement is made on between , of (the "Employer"), and , employed as (the "Employee").

1. Relationship to Employment Terms

This Agreement supplements, and does not replace, the Employee's existing employment agreement, handbook obligations, confidentiality duties, wage notices, benefit terms, and applicable law.

2. Work Model

The Employee is approved for hybrid work, combining remote work from approved locations with required office attendance as described in this Agreement.

3. Approved Locations

Approved work locations are: . The Employee may not work from another state, country, or long-term location without prior written approval from the Employer.

4. Schedule and Availability

Office attendance requirement: . Core availability hours: . Additional schedule details: .

5. Timekeeping

The Employee is classified as nonexempt for wage-and-hour purposes and must accurately record all hours worked, meal periods, breaks where required by policy or law, and off-schedule work using . The Employee must obtain approval before overtime where policy requires it, but all hours actually worked must be recorded.

6. Equipment and Expenses

Company equipment provided or authorized: . Approved reimbursements and expense rules: . Company property must be used for business purposes, protected from loss or misuse, and returned on request or at the end of employment.

7. Security and Confidentiality

The Employee shall follow these security rules: . The Employee shall protect confidential information, use approved devices and networks, prevent unauthorized access by household members or others, secure paper records, and report security incidents promptly.

8. Health, Safety, and Injury Reporting

The Employee shall maintain a safe workspace suitable for the duties performed, promptly report work-related injuries or hazards, and cooperate with reasonable safety, ergonomic, equipment, or security reviews.

9. Accommodation and Protected Rights

Requests for disability, pregnancy, religious, leave, or other legally protected accommodations will be handled through the Employer's applicable accommodation process. Nothing in this Agreement waives rights that cannot lawfully be waived.

10. Review, Change, and End of Arrangement

The arrangement will be reviewed on . The Employer may change or end the arrangement with days' notice for business, performance, compliance, safety, security, tax, location, accommodation, or operational reasons, subject to applicable law and any approved accommodation.

11. General

This Agreement is governed by the law of to the extent not preempted by federal law or another applicable employment rule. It may be amended only in a writing or approved policy process authorized by the Employer.

Employer

Date:

Employee

Date:

The agreement should say whether the arrangement is contractual or discretionary

A flexible work document can be a binding addendum, a discretionary arrangement, or a policy acknowledgment. Those are different choices. If it is a contractual addendum, the employer may need employee consent to change it, and state wage notices or local predictive-scheduling laws may also matter. If it is a policy-based arrangement, the employer may reserve the right to modify it, but should still avoid inconsistent promises that make remote work look guaranteed.

This template uses a review-and-change clause that states the arrangement can be reviewed and adjusted for business needs, performance, compliance, tax, safety, data security, accommodation, or operational reasons. It does not say mandatory employee rights can be waived by signing the agreement.

FLSA timekeeping still applies away from the office

For nonexempt employees, remote work does not erase wage-and-hour rules. The US Department of Labor has issued guidance on telework and the Fair Labor Standards Act, including how employers should treat hours worked, short breaks, longer meal breaks, and reasonable break time for nursing employees. Employers need a timekeeping method and a rule for unapproved overtime, while still paying for hours they know or have reason to believe were worked.

That is why the document asks whether the employee is exempt or nonexempt and adds a nonexempt timekeeping clause when needed. It requires accurate recording of all work time, approval before overtime where required by policy, and prompt reporting of missed meal periods or off-schedule work.

Remote work raises safety, accommodation, tax, and data questions

US employers do not inspect home offices the same way they manage a company site, but OSHA has a home-based worksite policy and still expects employers to record work-related injuries that meet recordkeeping criteria. The agreement should also say how employees report work-related injuries, equipment problems, security incidents, and ergonomic concerns.

Remote work can also intersect with the Americans with Disabilities Act, state expense-reimbursement rules, workers' compensation, local taxes, business registrations, confidentiality, export controls, and cross-border data transfers. A template should not pretend one sentence solves all of that. It should require approval for work outside the approved state or country and keep the accommodation process separate from ordinary scheduling preferences.

Clause-by-clause guide

Work model: Selects remote, hybrid, flexible schedule, or temporary arrangement so the document does not use agile wording for every use case.
Approved work locations: Names the employee's approved home office, state, country, and any company site, and bars unapproved cross-border or long-term out-of-state work.
Schedule and availability: Sets core hours, office-attendance days, meeting expectations, and response standards while preserving applicable wage-and-hour rights.
Timekeeping for nonexempt employees: Requires recording all hours worked, meal periods, and off-schedule work, and says overtime approval rules do not eliminate the duty to pay for hours worked.
Equipment and expenses: Allocates employer equipment, employee equipment, reimbursement, return of property, maintenance, and loss or damage reporting.
Security and confidentiality: Covers secure networks, devices, passwords, document storage, family or coworker access, printing, records retention, and incident reporting.
Health, safety, and injury reporting: Requires a safe workspace, prompt injury reporting, and cooperation with reasonable safety or ergonomic reviews.
Review and change: Allows periodic review and modification without implying the employee waives statutory rights or approved accommodations.

US compliance checklist

Flexible work is an employment-law document. Check wage, safety, accommodation, tax, and state-specific rules before rollout.

Track remote hours for nonexempt employees
DOL telework guidance explains that the FLSA's hours-worked rules apply to telework. Employers need a reasonable process for reporting scheduled and unscheduled work time.
U.S. Department of Labor - Field Assistance Bulletin 2020-5
Account for telework, breaks, and nursing-employee break time
DOL guidance addresses telework under the FLSA and FMLA, including short breaks, meal breaks, and reasonable break time and space for nursing employees.
U.S. Department of Labor - Field Assistance Bulletin 2023-1
Treat remote-work accommodations through the ADA process
The EEOC explains that telework may be a reasonable accommodation where it enables an employee to perform essential job functions, but the analysis depends on the job and facts.
EEOC - Work at home / telework as reasonable accommodation
Use OSHA home-worksite policy and injury reporting carefully
OSHA says it will not inspect employees' home offices and does not expect employers to inspect home offices, but employers remain responsible for recording work-related injuries that meet recordkeeping criteria.
OSHA - Home-Based Worksites
Approve out-of-state or cross-border work before it starts
Remote work from another state or country can create payroll, tax, benefits, workers' compensation, registration, immigration, export-control, data-transfer, and leave-law issues.

How to use this remote and hybrid work agreement

Pick the work model. Choose remote, hybrid, flexible schedule, or temporary arrangement so the document matches the actual permission being granted.
Set location and schedule rules. List approved work locations, core hours, office days, meeting expectations, and approval needed for location changes.
Classify the employee for timekeeping. Select exempt or nonexempt. If nonexempt, complete the timekeeping and overtime-control language.
Assign equipment, expenses, and security. List company property, employee-provided tools, reimbursement, secure network rules, document storage, and incident reporting.
Set review and end dates. Add review date, temporary end date if any, and the process for changing or ending the arrangement.

Frequently asked questions

Is this a remote work policy or an employment contract?

It is drafted as an addendum to an existing employment relationship. Employers can adapt it as a policy acknowledgment, but they should be clear about whether the arrangement is discretionary or contractually promised.

Can the employer change a hybrid schedule later?

Usually yes if the agreement reserves review and change rights, but the employer still must follow applicable wage, leave, discrimination, accommodation, notice, and contract rules. Approved ADA accommodations should be handled separately from ordinary schedule changes.

Do nonexempt employees have to track remote hours?

Yes. Remote work does not remove FLSA timekeeping obligations. Nonexempt employees should record all hours worked, including off-schedule work the employer knows or has reason to know about.

Does the employer have to pay for internet and home-office expenses?

It depends on state law, wage rules, and company policy. Some states require reimbursement for necessary business expenses; others rely mainly on wage-minimum and contract principles. Spell out what will be reimbursed.

Can an employee work from another state or country?

Only with approval. Out-of-state and cross-border work can create tax, payroll, workers' compensation, benefits, business-registration, privacy, immigration, and export-control issues.

Does OSHA apply to home offices?

OSHA says it will not inspect home offices and does not expect employers to inspect them, but employers may still have recordkeeping duties for work-related injuries that meet recording criteria.

Can remote work be a disability accommodation?

Yes, it can be a reasonable accommodation where it enables an employee to perform essential job functions, but the ADA analysis depends on the job, limitations, essential duties, and possible alternatives.

What is the difference between agile working and flexible working?

In many US searches, remote work, hybrid work, telework, and flexible work are clearer terms. Agile working is often broader workplace jargon. This family targets the practical employment document, whatever label the employer uses.

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Disclaimer

This template and guide are provided for general information only and are not legal, tax, payroll, HR, benefits, safety, or accommodation advice. Employment rules vary by state, employee classification, industry, and facts. Confirm current requirements before using this agreement.