Telecommuting

Idaho
Department of
Correction

Standard
Operating
Procedure
Title:
Telecommuting

Page:
1 of 8

206.07.01.006

Version:
3.0
Adopted:
11/19/2021

Bree Derrick, Deputy Director, approved this document on 02/06/2025.
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 (02/06/2025) version 3.0: Clarification and consistency of information between
SOP and associated forms.
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
Control Number:
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5. Recordkeeping and Reporting ................................................................................. 6
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, Appointment of Director – Salary – Power and Duties
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 follow the processes and procedures described in this SOP.
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. Principal 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.
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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 SOP.
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.
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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 this SOP, violation of the IDOC
Telecommuting Agreement, or for organizational benefit. Notice of suspension or
termination of an 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 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 on 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 SOP 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 and the supervisor
should notify Human Resources if this occurs. The End Date should remain blank
unless the Agreement is for a defined period of time only.
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.
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b. Telecommuting employees must be available via phone and email during their
scheduled work hours, to the same extent when working at their principal workplace,
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 principal workplace 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 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 lesser number of
telecommuting hours or may deny telecommuting all together based on business
need or other factors.
iii. A minimum of one day per week, all members of a team 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 each day of the week, keeping in mind
the 20% agency requirement (see Section 2a).
v. Telecommute requests not meeting the established criteria in this SOP must be
approved by the Director or Deputy Director.
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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 SOP 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 this
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.
d. When entering time, employees must code hours as follows:
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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 must use assigned state-issued equipment and 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.
b. Telecommuting employees may only be granted the privilege of telecommuting if they
have been assigned a state-issued computer that will ensure security standards are
complied with.
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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 time, the employee must report to their central workplace to
complete their assigned duties.
f. Nothing in this SOP obligates IDOC or the state to purchase furniture or equipment for
the purpose of telecommuting; however, state-issued equipment may be available for
telecommuting use. Employees will not be provided with equipment for two
workspaces. Telecommuting employees must have state-issued 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 the Employee Self-Reporting Safety Checklist (Section 8 of
the IDOC Telecommuting Agreement.
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
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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
2. IDOC Telecommuting Agreement
3. Idaho Code § 67-2508, Compensation for Public Service
4. Fair Labor Standards Act
5. Idaho DHR Executive Branch Statewide Policy, Section 7: Telecommuting
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