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HomeMy WebLinkAboutTelecommutingIdaho Department of Correction Standard Operating Procedure Title: Telecommuting Page: 1 of 8 206.07.01.006 Version: 2.0 Adopted: 11/19/2021 Christine Starr, Deputy Director, approved this document on 09/03/2024. Open to the public: Yes SCOPE This Standard Operating Procedure (SOP) applies to all Idaho Department of Correction (IDOC) personnel who are approved to telecommute and all IDOC supervisors. Revision Summary Revision date (09/03/2024) version 2.0: This is an update adding clarifying language. TABLE OF CONTENTS Scope ...................................................................................................................................... 1 Table of Contents .................................................................................................................... 1 A. Statutory Authority........................................................................................................... 2 B. Board of Correction IDAPA Rule ..................................................................................... 2 C. Governing Policy ............................................................................................................. 2 D. Purpose .......................................................................................................................... 2 E. Responsibility .................................................................................................................. 2 F. Definitions ....................................................................................................................... 2 G. Standard Procedures ...................................................................................................... 3 1. General Provisions................................................................................................... 3 2. Eligibility Considerations .......................................................................................... 4 3. Standards of Conduct, Work Performance and Professionalism .............................. 4 4. Time and Attendance, Work Schedules, and Overtime ............................................ 5 5. Recordkeeping and Reporting ................................................................................. 6 Control Number: 206.07.01.006 Version: 2.0 Title: Telecommuting Page Number: 2 of 9 Idaho Department of Correction 6. Resident Taxing State Outside of Idaho ................................................................... 7 7. IT Security and Equipment ....................................................................................... 7 8. Safety, Workers’ Compensation and Other Liabilities ............................................... 8 9. Additional Information .............................................................................................. 8 H. References ..................................................................................................................... 9 A. STATUTORY AUTHORITY Idaho Code § 20-217A B. BOARD OF CORRECTION IDAPA RULE None C. GOVERNING POLICY Policy 206, Attendance, Work Hours, Leaves, and Workers’ Compensation D. PURPOSE The purpose of this SOP is to provide the structure needed for effective implementation and operation of telecommuting. Telecommuting refers to paid employment performed away from the principal office at an approved alternate work location for part of the work week. Telecommuting can attract employees in hard to fill, hard to retain positions; target new labor markets; and reduce work commutes. E. RESPONSIBILITY All IDOC employees are responsible for complying with the Telecommuting SOP. Staff serving in a supervisory capacity are responsible for implementing this SOP and ensuring all staff members adhere to the processes and procedures described herein. F. DEFINITIONS 1. Alternate Work Location: An approved worksite other than the employee’s central workplace, where official state business is performed, including an employee’s residence. 2. Central Workplace: The department’s place of work where employees normally perform their official state duties. 3. IDOC Telecommuting Application: A form adopted by IDOC that is consistent with statewide policy and must be used by employees to request a telecommuting work schedule. Control Number: 206.07.01.006 Version: 2.0 Title: Telecommuting Page Number: 3 of 9 Idaho Department of Correction 4. IDOC Telecommuting Agreement: The written agreement between IDOC and an employee that details the terms and conditions of the employee’s work and other work productivity while away from their central workplace. The agreement contains specific requirements for appropriate telecommute workspaces and security criteria. An IDOC Telecommuting Agreement is required for any IDOC employee authorized to telecommute. 5. Incidental Remote Work Time: From time to time, employees may need to work remotely on an ad hoc basis for a variety of reasons such as inclement weather, medical appointments, conference or training attendance, other personal appointments. Incidental remote work occurs on a non-routine basis and is not part of a preapproved telecommuting schedule, thus incidental remote work is not considered telecommuting for the purpose of this policy. 6. Rural Exemption: An exception from the statewide policy limit of no more than 20% of an agency’s staff telecommuting at any given time. The exemption is available to an employee who is eligible and has been approved to telecommute, and permanently resides at least fifty (50) or more miles away from one of IDOC’s nearest office locations in Idaho. 7. Team: All the individuals that work within a unit, division, or designated work area, and report to the same supervisor. 8. Telecommuter: An employee who is approved to work away from their central workplace, either at home or at another approved remote work location within the state of Idaho, for at least a portion of their work hours. 9. Telecommuting: A regular work practice that involves employees substituting a portion of their typical work hours (ranging from a few hours per week up to a maximum of 24 hours per week) to work away from their central workplace, either at home or at another approved location within the state of Idaho, using technology to interact with others as needed to perform work tasks. 10. Work Schedule: The employee’s hours of work in the central workplace and/or an approved alternate work location within the state of Idaho. G. STANDARD PROCEDURES 1. General Provisions a. Allowing telecommuting provides flexibility in the workplace but requires accountability to ensure all work is being completed in an efficient and measurable manner. This SOP provides guidelines for Department, supervisor, and employee responsibilities. b. All IDOC employees are expected to work within the state of Idaho. If an employee has a need to work outside the state, approval must be obtained from the Department of Human Resources (DHR), Department of Finance Management (DFM), and the State Controller’s Office (SCO) before hiring or allowing an existing employee to regularly perform their assigned duties from an out-of-state location. Control Number: 206.07.01.006 Version: 2.0 Title: Telecommuting Page Number: 4 of 9 Idaho Department of Correction c. Telecommuting is not an employee right; its use rests at the discretion of the IDOC director or designee and can be terminated any time without notice. d. The ability to telecommute may be suspended or terminated at any time based upon, but not limited to, declining performance, violation of the this SOP, violation of the IDOC Telecommuting Agreement, or for organizational benefit. Notice of suspension or termination of a IDOC Telecommuting Agreement is not required, but if feasible, may be given to an employee. Abuse of the telecommuting privilege may result in employee discipline up to and including termination. e. An employee may terminate an IDOC Telecommuting Agreement at any time, unless telecommuting work is a condition of employment. 2. Eligibility Considerations a. No more than 20% of IDOC staff will be allowed to telecommute at any given time, with the exception of rural exemption approval. b. Employees participating in telecommuting must meet the IDOC telecommuting eligibility criteria and must obtain approval from their supervisor and the IDOC director or designee prior to telecommuting. They must also review and agree to be bound by all the terms of this SOP. c. Telecommuting may not be suitable for all employees and/or positions. IDOC retains complete decision-making authority to allow an employee to telecommute. d. To be eligible to telecommute, an employee must have a current performance evaluation on file with a rating of ‘Achieves Performance’ or higher. This means that employees who are on probation are not eligible for telecommuting. This requirement may be waived in rare occasions by a deputy director. e. Any employee with a ‘Does Not Achieve Performance’ rating in any portion of their evaluation is not eligible for telecommuting privileges. f. IDOC Telecommuting Agreements and this policy will be reviewed annually by the supervisor and the employee in conjunction with annual performance evaluations but may be terminated, amended, or suspended at any time prior. g. Telecommuting privileges do not transfer with an employee moving to a new position within IDOC, or to a position within another agency of the state. h. All employees approved to telecommute and their supervisors must complete Telecommuting and Cyber Security training prior to telecommuting. 3. Standards of Conduct, Work Performance and Professionalism a. Telecommuting employees continue to be bound by all applicable state statutes, policies, and rules while telecommuting. Control Number: 206.07.01.006 Version: 2.0 Title: Telecommuting Page Number: 5 of 9 Idaho Department of Correction b. Telecommuting employees must be available via phone and email during normal work hours, to the same extent when working at their central work location, unless other written arrangements are made in advance with their supervisor. c. Telecommuting employees may not hold in-person business visits or meetings with professional colleagues, customers, or the public at a home office location. In-person meetings must be held at an employee’s central work location or other professional venue. d. Telecommuting employees may be required to report to their central workplace on a scheduled telecommute day due to business need. 4. Time and Attendance, Work Schedules, and Overtime a. Work Status and Responsibilities. Employees’ compensation, benefits, work status, and work responsibilities will not change due to participation in telecommuting, nor will the amount of time that employees are expected to work per day or pay period. If an employee is unable to work a complete telecommute day, then annual leave, compensatory time, or sick leave for the hours not worked must be requested, approved, and utilized. b. Work Schedules. Work schedules for non-exempt employees must comply with the Fair Labor Standards Act and all applicable state rules. Telecommuting employees are required to follow normal department procedures regarding the requesting and approval of overtime, compensatory time, and leave. In addition, the following scheduling rules apply: i. For telecommuting to occur within a team, there must be at least one member of the team located at the central workplace during normal business hours (8:00 a.m. to 5:00 p.m.) to respond to the public and department needs. ii. The maximum number of hours that an employee may telecommute may not exceed 24 hours in any week. A supervisor may approve a lessor number of telecommuting hours or may deny telecommuting all together based on business need or other factors. iii. A minimum of one time per week, all members of teams located within the Central Office and District Offices must be in the office on the same day. The supervisor will determine the day(s) that work best for the team to be together to conduct meetings, training, etc. iv. No team member may telecommute every Monday or every Friday. Supervisors are required to evaluate business needs and ensure that there are adequate numbers of staff at the central workplace location each day of the week, keeping in mind the 20% requirement. Control Number: 206.07.01.006 Version: 2.0 Title: Telecommuting Page Number: 6 of 9 Idaho Department of Correction v. Telecommute requests not meeting the established criteria in this SOP must be approved by the Director or one of the Deputy Directors. c. Commute Time. Commute time between an approved telecommuting worksite and a department work site is not considered work hours and is not compensable. d. Outside Employment. When an employee applies to telecommute, outside employment must be disclosed. As required for all state employees, outside employment must be compatible with the role of the staff member as a public employee; not conflict with the best interest of the department, or the employee's responsibilities or hours of work (See Idaho Code § 67-2508); and may not involve activities that would constitute a conflict of interest or have potential for a conflict of interest. e. Dependent or Adult Care. Telecommuting is not to be viewed as a substitute for dependent care. Telecommuters with dependent care situations need to have alternative solutions for providing care during agreed upon work hours. Dependent care situations must be disclosed in the IDOC Telecommuting Application and information provided for how dependents will be cared for during work hours if they will be located within or near the approved work area. Each dependent care situation will be reviewed and approved or denied on a case-by-case basis. 5. Recordkeeping and Reporting a. Each employee requesting to telecommute must fill out and submit an IDOC Telecommuting Application. The application will be reviewed and approved or denied by the employee’s supervisor consistent with this SOP. If approved by the supervisor, the application will then be reviewed and approved pursuant to the application requirements. b. Each employee approved to telecommute must read this policy and sign and agree to be bound by an IDOC Telecommuting Agreement. The agreement is required and must be signed by the employee, the supervisor, and the department appointing authority or designee before telecommuting begins. The telecommuting agreement does not grant additional rights to employees, and it does not establish a contract for employment where one does not already exist. A copy of the statewide policy and the department’s telecommuting SOP must be attached to the agreement. c. DHR, at its discretion, may request telecommuting information from IDOC on an annual basis. Supervisors need to be aware that the department is required to maintain a record of telecommuting employees, their work locations, duration, performance management, and any other relevant data for purposes of overall management of the statewide telecommuting program. Supervisors are required to ensure that all necessary documentation is on file with Human Resources prior to an employee starting to telecommute. Control Number: 206.07.01.006 Version: 2.0 Title: Telecommuting Page Number: 7 of 9 Idaho Department of Correction d. When entering time, employees must code hours as follows: i. TEL for telecommute work hours at an approved alternate work location ii. THS for telecommute work hours on a holiday (FLSA exempt staff only) iii. THW for telecommute work hours on a holiday (law enforcement and FLSA covered staff only) iv. REG for all hours worked at the central workplace during a week where a staff member has telecommuted for part of the week 6. Resident Taxing State Outside of Idaho a. All out-of-state alternate work locations must be pre-approved by DHR, DFM, and SCO. b. The State of Idaho has no legal obligation to withhold or remit income tax of another state. It is solely the employee’s responsibility to ensure that they are in compliance with any out-of-state tax requirements. c. All out-of-state work that is not for work related travel cannot be less than a full pay period and the employee’s personnel record must reflect the correct taxing state. d. IDOC is required to work directly with Risk Management regarding any Worker’s Compensation payment. e. IDOC is required to coordinate directly with the SCO, Division of Statewide Payroll (DSP), to ensure taxable wages are reported correctly. 7. IT Security and Equipment a. Telecommuting employees using state-issued equipment must apply approved safeguards to protect department and state records from unauthorized disclosure or damage. Telecommuting employees must comply with all records and data privacy requirements set forth in state law and remain subject to the Idaho Public Records Act. Each telecommuting employee is required to abide by all State of Idaho rules and policies regarding the security and confidentiality of information, Criminal Justice Information Services (CJIS) security protocols, and requirements for computer data and files. Control Number: 206.07.01.006 Version: 2.0 Title: Telecommuting Page Number: 8 of 9 Idaho Department of Correction b. Telecommuting employees may only be granted the privilege of telecommuting if they have been assigned a computer that will ensure security standards are complied with. c. Telecommuting employees are responsible for acquiring internet access and related equipment at the employee’s cost. d. The department and the state will not be responsible for operating costs, home maintenance, or any other incidental costs (e.g., utilities) associated with the use of the employee’s residence for telecommuting. e. If a telecommuting employee’s internet or phone service become inoperable during a their telecommute, the employee must report to their central workplace to complete their assigned duties. f. Nothing in this policy obligates IDOC or the state to purchase furniture or equipment for the purpose of telecommuting. Employees will not be provided with equipment for two workspaces. Telecommuting employees must have equipment assigned to them that is conducive to transport between workspaces. 8. Safety, Workers’ Compensation and Other Liabilities a. Alternate Work Location Safety The employee, position, alternate work location, and other conditions must be deemed suitable for a telecommuting location before telecommuting is permitted. Each employee must complete an Alternative Worksite Employee Declaration Checklist. b. Workers’ Compensation and Injuries to Third Parties IDOC must address State of Idaho workers’ compensation laws and rules. A telecommuting employee remains liable for any injuries sustained by third parties at an approved alternate work location. (Additional Department requirements apply if an employee work location is not in the state of Idaho – See Resident Taxing State Outside of Idaho). c. An employee who is directly engaged in performing their official duties is covered by all applicable State employee compensation acts while working at an approved alternate work location and is required to follow reporting procedures of any accident or injury at the approved worksite. The State’s potential exposure to liability is restricted to the official workstation at the approved alternate work location for the purposes of telecommuting. 9. Additional Information a. ADA Reasonable Accommodation If an employee applies to telecommute under an ADA reasonable accommodation request, the request must be reviewed and approved by DHR. b. Other Federal and State Laws Control Number: 206.07.01.006 Version: 2.0 Title: Telecommuting Page Number: 9 of 9 Idaho Department of Correction Telecommuting programs are not intended to cover or substitute for other work-related situations covered by other laws, such as the Americans with Disabilities Act, the Family and Medical Leave Act, and other similar federal and state laws. H.REFERENCES 1.IDOC Telecommuting Application/Alternative Worksite Employee Declaration Checklist 2.IDOC Telecommuting Agreement 3.Idaho Code § 67-2508 4.Fair Labor Standards Act 5.Idaho DHR Executive Branch Statewide Policy, Section 7: Telecommuting –End of Document – TELECOMMUTING POLICY DHR REV. DATE 5/2024 Page | 1 Idaho Division of Human Resources Executive Branch Statewide Policy Section 7: Telecommuting Table of Contents 7A. Purpose 7B. Definitions 7C. General Requirements 7D. Forms 7E. Resources and Training 7A. Purpose The purpose of this policy is to provide the structure for the operation of statewide employee telecommuting1. 7B. Definitions For purposes of this policy, the following definitions shall apply: Alternate Work Location: An approved worksite other than the employee’s assigned work location where official state business is performed, including an employee’s residence. Assigned (Primary) Work Location: The location where the employee is assigned and reports to, and where the employee regularly performs their duties. Field Worker: An employee whose position is field-based and requires them to perform the majority of their primary duties outside of their assigned work location. Incidental Remote Work: A situation that is not regularly scheduled causing an employee to request to temporarily work from an alternate work location, generally of short duration. Rural Exemption: An exception from the statewide policy limit of no more than 20% of an agency’s staff telecommuting at any given time, available to an employee who is: 1) Eligible for telecommuting; 2) Approved by their agency to telecommute; and, 3) Permanently resides at least fifty (50) or more miles away from the employing agency’s nearest office location (within the state of Idaho). Telecommuting: A regular work practice that involves employees substituting a portion of their typical work week (ranging from a few hours per week to full-time) to work away from the assigned work location, typically at their home, within the State of Idaho, using technology to interact with others as needed to perform work tasks. 1 Out-of-state telecommuting must be preapproved by the Division of Human Resource (DHR) Administrator per the Out- of-State Guidance. TELECOMMUTING POLICY DHR REV. DATE 5/2024 Page | 2 Telecommuting Standards and Expectations Acknowledgement: A formal document that details the requirements of an employee’s work and other work productivity while away from their assigned work location. A Telecommuting Standards and Expectations Acknowledgement is required for telecommuting. Work Schedule: The employee’s designated hours of work in the assigned work location and/or an alternate work location within the State of Idaho. 7C. General Requirements Agencies may offer telecommuting schedules but must ensure that no more than 20%2 of their permanent workforce scheduled to work on any given day is out of the office at any given time, with the exception of employees who are deemed a rural exemption. Agencies with fewer than five (5) employees may allow up to one (1) employee per day to telecommute3. This policy does not apply to employees while performing fieldwork. 7C1. General Provisions 7C1a. Telecommuting is not an employee right; its use rests at the discretion of the agency appointing authority or designee and can be terminated at any time without notice. 7C1b. An agency may suspend or terminate an employee’s telecommuting schedule at any time based on, but not limited to, declining performance, violation of Telecommuting Standards and Expectations Acknowledgement, or for organizational benefit. Reasonable notice to the employee is recommended, if feasible. An employee may terminate their telecommuting schedule at any time unless telecommuting work is a condition of employment. 7C1c. Telecommuting training is required prior to the start of telecommuting4. Training may be required on an annual, or as needed basis, depending on employee and/or organizational changes. 7C1d. The agency must issue a Telecommuting Standards and Expectations Acknowledgement to ensure all work is completed in an efficient and measurable manner. 7C2. Eligibility Consideration 7C2a. DHR recommends employees have at least an “Achieves Performance Standards” performance appraisal rating to be eligible to telecommute. In some cases, agencies may modify this to their needs and allow employees to telecommute prior to receiving a performance appraisal. 2 Unless otherwise provided for by a federal law. 3 Employees may not telecommute on the same day. 4 See 7E. TELECOMMUTING POLICY DHR REV. DATE 5/2024 Page | 3 7C2b. Telecommuting may not be suitable for all employees and/or positions; therefore, agencies should implement telecommuting based on specific criteria consistently applied throughout the agency. Allowing the option for telecommuting is at the agency’s discretion. Employees must obtain supervisor and agency approval prior to telecommuting. 7C2c. Supervisors and agency leadership should review employee telecommuting schedules annually in conjunction with their annual performance appraisal. 7C2d. If an employee transfers to a new position either within the agency or the State, the telecommuting schedule does not transfer. 7C3. Standards of Conduct, Work Performance, and Professionalism 7C3a. The employee continues to be bound by all applicable State and federal laws, and agency policies while telecommuting5. Employees continue to be bound by the statewide performance expectations of Customer Focus, Professionalism, Promoting Responsible Government, and, where applicable, Leadership. Agencies must ensure clear performance expectations and objectives are set and evaluated to ensure the employee is meeting productivity and performance standards. 7C3b. Employees must be available during telecommuting hours via phone and email, the same as if the employee was working at their assigned work location, unless other arrangements are made in advance with their supervisor. 7C3c. Employees will not hold in-person business visits or meetings with professional colleagues, customers, or the public at their alternate work location. 7C4. Time and Attendance, Work Schedules, and Overtime 7C4a. Work Status and Responsibilities. Employees’ compensation, benefits, work status and work responsibilities will not change due to participation in telecommuting. The amount of time that employees are expected to work per day or per pay period will not change as a result of participation in telecommuting. If employees are unable to work a full telecommuting day, they shall code accrued leave, such as compensatory, vacation, or sick leave for the hours not worked. 7C4b. Work Schedules. Work schedules for employees must comply with the Fair Labor Standards Act and all applicable State laws and policies. The employee is required to follow normal agency procedures regarding the 5 Including, but not limited to, IT security and equipment, safety, Workers’ Compensation, and other liabilities. TELECOMMUTING POLICY DHR REV. DATE 5/2024 Page | 4 requesting and approval of overtime, compensatory time, and leave. The number of days in a week that employees may telecommute is at their supervisor and agency’s discretion. 7C4c. Compensable Travel Time. For full-time telecommuting employees, where their residence is their official work location, any travel time must be in compliance with the Statewide Travel Policy. 7C4d. Outside Employment. As required for all state employees, all outside employment must be disclosed in accordance with the Conflict of Interest Policy. 7C4e. Incidental Remote Work Time. From time to time, employees may need to work remotely on an ad hoc basis for a variety of reasons such as inclement weather, medical appointments, conference or training attendance, or other personal appointments6. This incidental remote work occurs on a non-routine basis and is not part of a preapproved telecommuting schedule thus incidental remote work is not considered telecommuting for the purposes of this policy. 7C5. Recordkeeping and Reporting 7C5a. Records. Agencies must retain records on employee telecommuting, including the employee’s Telecommuting Application and the Telecommuting Standards and Expectations Acknowledgement. 7C5b. Reporting. Agencies are expected to monitor and ensure compliance with this policy. 7D. Forms Telecommuting Application Telecommuting Standards and Expectations Acknowledgement 7E. Resources and Training Agency-specific expectations may require ongoing or repeat training when necessary. Employee Telecommuting Training Supervisor Telecommuting Training Cyber Security Training Telecommuting Guidance and FAQs 6 Incidental remote work may need to be preapproved per agency-specific policies.