HomeMy WebLinkAboutTelecommuting
IDOC Data Sensitivity Classification - L3 Restricted
Idaho
Department of
Correction
Standard
Operating
Procedure
Title:
Telecommuting
Page:
1 of 8
206.07.01.006 Version:
1.0
Adopted:
11/19/2021
Christine Starr, Deputy Director, approved this document on 11/19/2021.
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 (11/19/2021) version 1.0: This is a new SOP that describes the process, rules,
and restrictions of telecommuting.
TABLE OF CONTENTS
A. Statutory Authority ........................................................................................................... 1
B. Board of Correction IDAPA Rule Number ........................................................................ 1
C. Governing Policy 206 ...................................................................................................... 1
D. Purpose .......................................................................................................................... 1
E. Responsibility .................................................................................................................. 2
F. Definitions ....................................................................................................................... 2
G. General Requirements .................................................................................................... 2
References .............................................................................................................................. 8
A. STATUTORY AUTHORITY
Idaho Code § 20-217A
B. BOARD OF CORRECTION IDAPA RULE NUMBER
None
C. GOVERNING 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.
Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
Control Number:
206.07.01.006
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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. Team – All the individuals that work within a unit, division, or designated
work area, and report to the same supervisor.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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. GENERAL REQUIREMENTS
1. General Provisions
Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
Control Number:
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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.
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
Telecommuting 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 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 Consideration
a. Employees participating in telecommuting must meet the IDOC
Telecommuting Eligibility Criteria and must obtain supervisor and IDOC
Director or designee approval prior to telecommuting.
b. Telecommuting may not be suitable for all employees and/or positions.
IDOC retains complete decision-making authority to allow an employee
to telecommute.
c. To be eligible to telecommute, an employee must have a current
performance evaluation on file with a rating of ‘Achieves Performance’ or
higher. Any employee with a ‘Does Not Achieve Performance’ rating is
not eligible for telecommuting privileges.
d. IDOC Telecommuting Agreements will be reviewed annually in
conjunction with annual performance evaluations but may be
terminated, amended, or suspended at any time prior.
e. Telecommuting privileges do not automatically transfer with an
employee moving to a new position within IDOC, or to a position within
Idaho Department of Correction
IDOC Data Sensitivity Classification - L3 Restricted
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another agency of the State.
f. 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.
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
lesser 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
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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.
v. Telecommute requests not meeting the established criteria in this
SOP must be approved by the Director or their designee.
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 the
Department’s Telecommuting 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 sign and agree to be
bound by an IDOC Telecommuting Agreement. The Agreement is
required and must be signed by the employee, supervisor, and
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
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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:
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 are required to use State issued equipment
and to 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
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telecommuting if they have been assigned a computer (and related
devices) 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.
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b. Other Federal and State Laws. 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.
REFERENCES
IDOC Telecommuting Application/Alternative Worksite Employee Declaration Checklist
IDOC Telecommuting Agreement
Idaho Code 67-2508
Fair Labor Standards Act
Executive Branch Statewide Policy, Section 7: Telecommuting
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EXECUTIVE BRANCH STATEWIDE POLICY
SECTION 7: TELECOMMUTING
TABLE OF CONTENTS
7A. STATEMENT OF PURPOSE
7B. DEFINITIONS
7C. GENERAL REQUIREMENTS
7D. FORMS ASSOCIATED WITH THIS POLICY
7E. RESOURCES AND TRAINING
7A. STATEMENT OF PURPOSE
The purpose of this policy 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 alternate work
location for all or part of the work week. Telecommuting can attract employees in
hard to fill, hard to retain positions; target new labor markets; or reduce work
commutes.
Out-of-state telecommuting options must be preapproved by the Division of
Human Resource (DHR) Administrator, the Division of Financial
Management (DFM) Administrator and the State of Idaho Controller’s Office
(SCO). Out-of-country requests will not be approved.
Telecommuting training is required prior to an employee beginning to
telecommute. See 7E.
7B. 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: An agency’s place of work where employees
normally perform their official state duties.
3. Telecommuter: An employee who regularly works away from his or her
central workplace, either at home or at another agency approved remote
work location within the State of Idaho, for at least a portion of their work
hours.
4. Telecommuting: A regular work practice that involves employees of an
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agency substituting a portion of their typical work hours (ranging from a
few hours per week to full-time) to work away from the central workplace,
either at home or at another agency approved location within the State of
Idaho, using technology to interact with others as needed to perform work
tasks.
5. Telecommuting Application: A form adopted by the agency for
employees to use to request a telecommuting work schedule. The
application must be consistent with this statewide policy.
6. Telecommuting Agreement: The written agreement between the agency
and employee that details the terms and conditions of an employee’s work
and other work productivity while away from his or her central workplace.
Telecommuting agreements are required for telecommuting.
7. Work Schedule: The employee’s hours of work in the central workplace
and/or an alternate work location within the State of Idaho.
7C. GENERAL REQUIREMENTS
1. General Provisions
a) All State of Idaho employees are expected to work within the State of
Idaho. If an agency has a need for an employee(s) to work outside of
the State of Idaho, the agency must first have approval from DHR,
DFM and SCO before hiring or allowing an existing employee to
regularly perform their assigned duties from an out-of-state location.
b) Although allowing flexibility in the workplace, this policy requires
accountability to ensure all work is being completed in an efficient and
measurable manner. This policy provides guidelines for agency,
supervisor, and employee responsibilities.
c) Telecommuting is not an employee right; its use rests at the discretion
of the appointing authority or designee, based on approval of agency
policy by the DHR Administrator, and can be terminated any time
without notice.
d) An agency may suspend or terminate a telecommuting agreement at
any time based on, but not limited to, declining performance, violation
of telecommuting policy and agreement, or for organizational benefit.
Reasonable notice to the employee is recommended, if feasible. An
employee may terminate the telecommuting agreement at any time
unless telecommuting work is a condition of employment.
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2. Eligibility Consideration
a) All State Agency telecommuting policies must be consistent with the
guidance and instructions in this Statewide Telecommuting Policy. An
agency’s policy and application must define the job-related criteria,
procedures for telecommuting, and employee performance
requirements for consideration of telecommuting.
b) Employees participating in telecommuting must meet the
Telecommuting Eligibility Criteria and must obtain supervisor and
agency director approvals prior to telecommuting.
c) 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. It is the agency’s
option to allow an employee to telecommute.
d) DHR recommends employees have a current performance evaluation
on file with a rating of Achieves or higher. Any employee with a Does
Not Achieve performance rating is not eligible for telecommuting. It is
recommended that supervisors review employee telecommuting
agreements annually in conjunction with their annual evaluation.
e) If an employee transfers to a new position either within the agency or
the State, the telecommuting privilege does not transfer.
3. Standards of Conduct, Work Performance and Professionalism
a) The employee continues to be bound by all applicable State statues,
policies, and rules while telecommuting.
b) Employees must be available during telecommuting hours via phone
and email as the employees would if working at their central work
location unless other arrangements are made in advance with the
supervisor.
c) Employees will not hold in-person business visits or meetings with
professional colleagues, customers, or the public at a home work
location.
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. The amount of time that employees are
expected to work per day or pay period will not change as a result of
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participation in telecommuting. If employees are unable to work the
complete telecommute day, annual leave, compensatory time, or sick
leave for the hours not worked must be requested for approval.
b) Work Schedules. Work schedules for non-exempt employees must
comply with the Fair Labor Standards Act and all applicable State rules.
The employee is required to follow normal agency procedures
regarding the 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.
c) Commute Time. Commute time between an approved telecommuting
worksite and agency is not considered work hours and are 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 agency or the employee's responsibilities or hours of
work (See Idaho Code 67-2508); and 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 are encouraged to have alternative solutions for providing
care during the agreed upon work hours. Dependent care situations
must be disclosed in the telecommuting application and will be
reviewed on a case-by-case basis.
5. Recordkeeping and Reporting
a) Employee Telecommuting Application Request. An employee
telecommuting application should be completed and submitted to the
employee’s supervisor for review and approval. An Employee
Telecommuting Application Template can be found in 7D of this
policy.
b) Employee Telecommuting Agreement. An employee telecommuting
agreement is required and must be agreed upon and signed by the
employee, supervisor, and agency appointing authority or designee
before telecommuting begins. This agreement does not grant additional
rights for employees, and it does not establish a contract for
employment where one does not already exist. A copy of this statewide
policy (and the agency’s telecommuting policy if applicable) must be
attached to the agreement. (See 7D) The Telecommuting Agreement
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may be modified for agency use.
c) Agency Telecommuting Records. DHR, at its discretion, may request
information from agencies on telecommuting on an annual basis.
Agencies should maintain a record of employees, work locations,
duration, performance management, and any other relevant data for
purposes of overall management of the statewide telecommuting
program.
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 he or she is in compliance with any out-of-state tax requirements.
c) All work scheduled out-of-state cannot be less than a full pay period
and the employee’s personnel record must reflect the correct taxing
state.
d) The requesting state agency is required to work directly with Risk
Management regarding the Worker’s Compensation payment.
e) The requesting agency is required to coordinate directly with the State
Controller’s Office, Division of Statewide Payroll (DSP), to ensure
taxable wages are reported correctly.
7. IT Security and Equipment
a) The employee will apply approved safeguards to protect agency and
state records from unauthorized disclosure or damage and will comply
with all records and data privacy requirements set forth in state law.
Each agency must require employee to abide by all State of Idaho rules
and policies regarding the security and confidentiality of information,
including computer data and files.
b) The agency must address employee computer usage (and related
devices) and ensure it meets information security standards. The
employee is responsible for acquiring internet access and related
equipment.
c) 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.
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d) Nothing in this policy obligates the agency or the state to purchase
furniture or equipment solely for the purpose of telecommuting.
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 it is permitted. An alternative worksite
employee declaration checklist is provided in the employee
telecommuting agreement template.
b) Workers’ Compensation and Injuries to Third Parties. Agency must
address State of Idaho workers’ compensation laws and rules. The
employee remains liable for any injuries sustained by third parties at the
alternate work location. (Additional agency 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 the home location and is required to follow reporting
procedures of any accident or injury at the home worksite. The State’s
potential exposure to liability is restricted to the official workstation 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. 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.
7D. FORMS ASSOCIATED WITH THIS POLICY
Telecommuting Self-Assessment
Telecommuting Application
Telecommuting Agreement
Telecommuting Sample Work Plan
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7E. RESOURCES AND TRAINING
Supervisor Telecommuting Training
Employee Telecommuting Training
Cyber Security Training