Policy 310- Telework as a Work Option

Department of Public Safety Standards and TrainingPOLICYPolicy Number:310Effective Date:4/30/03File: PersonnelSUBJECT: Telework as a Work OptionSupersedes:SignatureOnlySIGNATURE: John MinnisDirector Signature on FileAPPLICABILITYThis policy applies to all employees, contractors and volunteers ofthe Department of Public Safety Standards and Training.AUTHORITYDAS directives and references, including state policy 50.050.10 TelecommutingandORS 240.145(3); 240.250.FORMSDPSST Form 259/310a - Telework ApplicationDPSST Form 259/310b - Telework Office ChecklistDPSST Form 259/310c - Teleworker Self-AssessmentDPSST Form 259/310d - Telework AgreementDEFINITIONS: Regular Telework - Regular telework, also known as telecommuting, is defined as a mutually agreed-upon work option between the Department and the employee where the employee works at a telework site (home or an alternative work site) on specified days and/or hours, and at the central work site the remainder of the time, retaining flexibility as necessary to meet the needs of the work unit. Regular telework is scheduled for one or two days a week as agreed upon by the Human Resource Director and the employee. Medical Telework - Medical telework is defined as temporary work at home on a full or part-time basis, with a physician's documentation. Examples include recovery from injury, surgery, or prolonged illness, or a communicable disease. Central Work Site - The central work site means the employee's officially assigned workstation. Telework Site - The telework site means a work site alternative to the official workstation as specified in the Telework Agreement. It may be in the employee's home or at a satellite office closer to the employee's home than the central work site and owned or leased by the state. Remote Access - Remote access is defined as an employee's ability to access the appropriate LAN server(s) from the employee's telework site to retrieve and store computer files. Remote access may or may not be part of the Telework Agreement. Telework Agreement - The Telework Agreement is signed by the Human Resource Division Director, Division Director, supervisor, and employee specifying terms and conditions of telework. (See DPSST Form 259/310d) Telework Application - A Telework Application is completed by the employee and submitted to employee's supervisor. (See DPSST Form 259/310a) Telework Office - A guide is used in assessing the suitability and safety of a proposed checklist of the home office or other telework site submitted to the employee’s supervisor with the Telework Application form. (See DPSST Form 259/310b) Teleworker Self- Assessment - The Teleworker Self-Assessment is used in assessing the employee’s suitability as a prospective teleworker, as well as the suitability of the job. (See DPSST Form 259/310c)PURPOSETelework as a work option for employees is to help stem the growthin auto travel and thereby conserve energy, relieve congestion, andimprove air quality. Telework is also consistent with sound business practices and: Will help the state be more competitive in attracting talented and skilled employees. Can increase productivity and morale of employees Boost efficiency in the use of space, and Reduce operating costs.POLICYIt is the policy of theDepartment to allow employees to telework when opportunities exist forimproving employee performance, reducing commuting miles and reducingDepartment costs. Telework should present no negative affects on co-workersor the agency mission and effectiveness of meeting customer needs. Telework, also known as telecommuting, may not be suitable for all employeesand/or positions.Telework shall be voluntary unless specifically stated as a conditionof employment. Telework is not an employee right. This policycreates no employee rights in relation to telework. Managementdecisions regarding telework are not subject to appeal. Either the Departmentor the employee may discontinue the telework arrangement at any time,giving two week's notice. Telework may be suspended due to operationalneeds of the Department or unit.Current network capabilities do not guarantee access to the centralwork site’s computer system.This policy addresses regular telework and medical telework arrangements. This policy does not set conditions for employees whose official workstationis in the home or who may wish to arrange to do work at home on an occasionalbasis.This policy complies with all applicable provisions of the Americanswith Disabilities Act (ADA) of 1990.General Requirements1. Employees may apply to telework after completing trial service. The Human Resource Director may approve exceptions.2. Consideration will be given to employees who have demonstratedwork habits and performance well suited to successful telework in caseswhen the telework provides opportunity for improved employee performanceor employee retention, reduced commuting miles, or agency or state savingsand where there are no negative affects on co-workers or the agencymission and effectiveness or meeting customer needs. The followingguidelines need to be considered: Teleworkers must have demonstrated self-motivation, self- discipline, the ability to work independently, the ability to manage distractions, and the ability to meet deadlines. The teleworker's position must have minimum requirements for direct supervision; the teleworker's need for specialized material must be minimal or flexible; and the teleworker’s work objectives and tasks must be clearly defined with measurable results. The telework must be arranged so that there is no diminished level of service provided to the customer and the location of the workplace is not noticeable to the customer The telework site must not significantly alter the teleworker's job content or the job content of co-workers. The cost of supporting the teleworker (See Supplies, Equipment, Furniture section) must be reasonable in comparison to the amount of commuting miles saved. The teleworker's equipment and software must meet state standards. Does not compromise the safety or security of records or files. The teleworker's needs for Information Services’ (IS) support must be minimal.3. Telework sites must be in Oregon. (Note: This is a current State ofOregon requirement because of workers’ compensation and tort liabilityissues.)4. In case of injury, theft, loss, or tort liability relatedto telework, the teleworker must allow agents of the state to investigateand/or inspect the telework site. Reasonable notice of inspectionand/or investigation will be given to the teleworker.5. Where telework sites are located in the home, the teleworkeris responsible for establishing and maintaining the work site.6. Employees shall sign and abide by the Telework Agreementbetween the teleworker and theDepartment. The Telework Agreement will be reviewed by the employee supervisor and teleworker during performance review and revised as necessary. Employee supervisors and prospective teleworkers are expected to take training on telework offered by the Department. The employee will meet all performance expectations to include actual hours worked and delivery of quality work products.Terms of Employment1. The teleworker's conditions of employment shall remain the sameas for non-telework employees. Employee salary, benefits and employer-sponsoredinsurance coverage shall not change as a result of telework.2. Department policies, rules andpractices shall apply at the telework site, including those governingcommunicating internally and with the public, employee rights and responsibilities,facilities and equipment management, financial management, informationresource management, purchasing of property and services, and safety. Failure to follow policy, rules and procedures may result in terminationof the telework arrangement and/or disciplinary action.3. The teleworker will not be paid for time involved in travelbetween the telework site and central work site. Travel betweenthe telework site and the central work site will not be reimbursed.Work Schedule and Accessibility1. The number of hours worked will not change because of telework. A consistent schedule of telework work days and hours is desirable formany jobs to ensure regular and predictable contact with Departmentstaff and others. For some positions, more flexibility in workhours and days may be feasible.2. The Telework Agreement will specify work schedules that arein compliance with Federal Labor Standards Act (FLSA) regulations, theHuman Resource telework policy 310, the AFSCME Local 3955 Agreementand State of Oregon Policy 20.005.20.3. The teleworker must get the supervisor's advance writtenapproval for working overtime.4. The telework schedule shall allow adequate time at the centralwork site for meetings, access to facilities and supplies and communicationwith other employees and customers. Telework must not adverselyaffect customer service delivery, employee productivity, or the progressof an individual or team assignment. In approving the telework schedule, the employee's supervisor willtake into consideration the overall impact of the teleworker’s totaltime out of the central work site. Considerations includeflex time and compressed workweek schedules, meetings, consultations,presentations and conferences. Consideration will also be given to the overall effect of the teleworker’sand co-workers’ schedules in maintaining adequate communication.5. The teleworker will attend job-related meetings, trainingsessions, and conferences, as requested by the supervisor. Inaddition, the teleworker may be requested to attend "short notice"meetings. The employee supervisor will use telephone conferencecalling whenever possible as an alternative to requesting attendanceat short notice meetings.6. While teleworking, the teleworker must be reachable via telephone,fax, pager, or e-mail during agreed-upon work hours or specific corehours of accessibility. The employee supervisor and teleworkerwill agree on how to handle telephone messages, including the feasibilityof call forwarding, frequency of checking telephone messages, and theneed for having a home phone answering machine. Only the teleworkerand the teleworker’s supervisor will designate what persons will begiven the teleworker's home office phone number.7. The supervisor and teleworker will use the most efficientand effective way of handling long distance calls whether that is theuse of a state calling card or reimbursement for long distance businesscalls. If reimbursement is approved, the teleworker will submitan expense reimbursement request with a log of long distance businesscalls and a copy of the phone bill to the supervisor on a monthly basis.8. If the central work site is closed due to an emergency orinclement weather, the supervisor will contact the teleworker. The teleworker may continue to work at the telework site. If thereis an emergency at the telework site such as a power outage, the teleworkerwill notify the supervisor as soon as possible. The teleworker may beassigned to the central work site or an alternate work site. TheState Policy governing temporary interruption of employment (60.015.01)is applicable to teleworkers.Dependent CareTeleworkers will not act as primary caregivers for dependents duringthe agreed-upon work hours. This does not mean dependents will be absentfrom the home during the telework hours. It means that they willnot require the teleworker's attention during work hours. Teleworkersmust make dependent care arrangements to permit concentration on workassignments.Performance EvaluationsThe method of monitoring and evaluating performance will rely moreheavily on teleworker work results than direct observation.Performance plans and measurable outcomes must be developed by theemployee’s supervisor and regular feedback given, including performanceappraisals. The supervisor must retain copies of the performancerequirements.Telework Site1. The teleworker will maintain a designated workspace, at apreviously agreed upon location, that is clean, safe, and free fromdistractions. (See DPSST Form 259/310b)2. In the event of a job-related incident or accident duringtelework hours, the teleworker needs to immediately report the eventto the employee supervisor. The state does not assume responsibilityfor injury to any persons other than the teleworker at the teleworksite.3. The teleworker will not hold business meetings with clientsor customers, the public, or professional colleagues at his or her residence. Meetings with other Department staff must be approved in advance bythe supervisor.4. Teleworkers are advised to consult with their insurance agentand a tax consultant for information regarding home work sites. Individual tax implications, auto and homeowners insurance, and incidentalresidential utility costs are the responsibility of the teleworker.Supplies, Equipmentand Furniture1. The Telework Agreement must specify all reimbursable costs. The Human Resource Director prior to purchase or installationmust authorize any additional costs related to telework. The Department will provide standardoffice supplies (pens, paper, pencils, etc.). Out-of-pocket expensesfor supplies normally available at the central work site will not bereimbursed. Teleworkers need to get supplies while at the centralwork site.2. Teleworkers shall be responsible for providing home telework sitefurniture and equipment. Unless approved by the Human ResourceDirector and specified in the Telework Agreement, the teleworker willprovide his or her own computer hardware and software and whatever datacommunications and services are needed to complete specified teleworktasks. In certain cases, other arrangements may be negotiatedbetween the Human Resource Director and the teleworker anddocumented in the Telework Agreement.3. The following conditions shall apply to use of supplies,state records, computers and other state-owned equipment: Use of state equipment in the home shall be the same as at the central work site. Restricted-access materials shall not be taken out of the central work site or accessed through the computer unless approved in advance by the supervisor. Products, documents, and records used and/or developed while teleworking shall remain the property of the state, and are subject to state and Department policies regarding confidentiality and records retention requirements. Products, documents and records that are used, developed, or revised while teleworking must be copied or restored to the Department’s computerized records. Records and files temporarily stored on the teleworker's personal computer need to be stored in a way that will allow the Department easy access, while protecting the teleworker's personal files. For telework jobs that have security and/or confidentiality requirements, procedures must be established to guarantee protection of confidential information. Procedures may include a locked or secure workplace, computer access passwords, or restricted use of files at the telework site. If security and/or confidentiality issues exist, they need to be addressed in the Telework Agreement.4. Teleworkers shall be in compliance with all Departmentguidelines for uses of computer hardware and software, including: Need for Department standard virus and surge protection on home computers Software licensing provisions Duplication of state-owned or licensed software Maintaining system security Access to files Passwords5. The Department is not responsible for loss, damage, or wear ofteleworker-owned equipment. The state may pursue recovery fromthe teleworker for state property that is deliberately, or through negligence,damaged, destroyed, or lost while in the teleworker's care, custody,or control. The Department is responsible for the deductible on stateproperty. Repair and/or replacement costs and liability for privatelyowned equipment and furniture used during telework is the responsibilityof the teleworker.6. Repair and/or replacement costs and liability for state-ownedequipment used during telework is the responsibility of the Department. (Normal use and wear— not as a result of negligence or deliberate damage,destruction, or loss.)7. The Human Resource, Business Services and Information Services(IS) divisions shall maintain a central inventory of Department equipmentand software located in the home offices of teleworkers. All Department equipment and software used at the teleworksite must be noted on the Telework Agreement.To ApplyThe employee will review the Oregon Office of Energy Training Kit“TeleworkBasics” brochure and Teleworker Self-Assessment, complete the TeleworkApplication andTelework Office Checklist and submit the Telework Application andTelework OfficeChecklist to his or her supervisor.The employee's supervisor will review the Oregon Office of EnergyManager’s Telework Kit(Manager’s video and “Manager’s Quick and Easy Guide to Telework”),Teleworker Self-Assessment, the Telework Application and Telework OfficeChecklist. The supervisor will then determine if the TeleworkApplication meets the general requirements for telework and that workschedule, accessibility issues, dependent care, and equipment issuesare satisfactorily addressed. The supervisor will then request a review by IS to determine if theproposed Telework Application meets the Department equipment and software standards and level of IS support needed. The supervisor will then inform the Division Director and Human ResourceDirector of the request for telework and consult on any issues raisedby the request. If the telework request is accepted, the supervisorrefers to the Implementing Telework section of this procedure.Implementing TeleworkThe employee's supervisor will notify the telework applicant thatthe Telework Applicationhas been accepted.The employee will schedule a time to view the telework training videoin the Oregon Office of Energy Telecommuting Training Kit. Theemployee's supervisor will also view the video and discuss teleworkarrangements and complete the Telework Agreement.The employee's supervisor will contact IS staff if computer accessis needed and meetwith the teleworker and co-workers to address how arrangements willwork and to discuss anyconcerns and problems. The employee's supervisor will revisethe Telework Agreement asneeded based on this discussion.The employee will sign the final Telework Agreement. The employee'ssupervisor will then forward the Telework Agreement to the Human Resource Director for approval.The Human Resource Director will discusses the Telework Agreementwith the employee'ssupervisor and indicate approval or denial on the Telework Agreementform. The TeleworkAgreement will then be returned to the employee's supervisor.If the Human Resource Director approves the Telework Agreement, theemployee's supervisorwill notify the employee and the employee's co-workers and otherswith whom the employeeinteracts about the telework schedule. The employee's supervisorwill also notify thereceptionist about the telework schedule and how telephone calls tothe teleworker are to behandled. If state-owned equipment is to be used at a home telework site, thesupervisor will ensure that it is included in the IS Divisions’ centralinventory listing of telework equipment, a copy is placed in the employee’sfile and that changes are made to the inventory records if necessary.The supervisor will send the original Telework Application, TeleworkOffice Checklist and Telework Agreement to Human Resources, give theteleworker a copy of each and keep a copy of each.The supervisor will file the original telework materials in the teleworker'spersonnel file andgive a copy to the Business Services division.The teleworker and supervisor will respond to information and surveyrequests from HumanResources for reporting requirements of Senate Bill 775 to the Departmentof AdministrativeServices and the Oregon Office of Energy..Telework Denied/Requestfor ReconsiderationIf decision is made to deny telework, the Human Resource Directorwill inform employee'ssupervisor of the decision. To Rescind or TerminateAgreementIf the teleworker wishes to terminate the Telework Agreement, theywill meet with theirimmediate supervisor and set an effective date.If the employee's supervisor wishes to terminate the Telework Agreement,they will set ameeting with the teleworker to explain the reasons and set an effectivedate for termination ofthe Telework Agreement.A Telework Agreement may be rescinded on a temporary basis. When a Telework Agreement is rescinded or terminated, the supervisorwill send a notificationto Human Resources indicating date of termination and reason.The supervisor will also ensure that the IS Divisions’ inventory fileof telework equipment is updated if necessary and equipment is returnedas directed.Program Monitoringand EvaluationThe Human Resources Division will issue a report to the DepartmentDirector on a yearlybasis, which will include the number of teleworkers, the number oftrips, miles and hours oftravel time saved annually, and a summary of efforts made by the Departmentto promote andencourage telework.The teleworker's supervisor will review the Telework Agreement asneeded and make any necessary changes.References:Department Policy Number 310State Policy 20.005.20 Fair Labor Standards ActState Policy 60.015.01 Temporary Interruption of EmploymentState Policy 50.050.01 TelecommutingExecutive Order 98-02

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