Department of Human Resource Management Policies and Procedures Manual

Policy Number: 1.61 - Telecommuting
Efft. Date: 8/16/02 Rev. Date: 9/10/05

Application: Full-time and part-time classified employees.
PURPOSE

This policy permits agencies to designate employees to work at alternate work locations for all or part of their workweek in order to promote general work efficiencies.
Definitions
Alternate Work Location Approved work sites other than the employee’s central workplace where official state business is performed.  Such locations may  include, but are not necessarily limited to, employees’ homes and satellite offices.
Central Workplace An employer’s place of work where employees normally are located.
Employee An employee who works away from his/her central workplace either at home or at another agency-designated or approved remote work location.
Telecommuting A work arrangement in which supervisors direct or permit employees to perform their usual job duties away from their central workplace, in accordance with work agreements.
Work Agreement The written agreement between the employer and employee that details the terms and conditions of an employee’s work away from his or her central workplace.  Work agreements are required for Telecommuting.
GENERAL PROVISIONS

Management is responsible for managing the affairs and operations of state government; thus, agencies have sole discretion to:

  • Designate positions for telecommuting; and
  • Approve employees to telecommute.
Conditions of Employment

Telecommuting assignments do not change the conditions of employment or required compliance with policies.

To the extent possible, the agency and the employee should agree mutually to telecommuting arrangements. However, agencies may establish telecommuting as a condition of employment, based on the agency’s business needs.

In such cases, this requirement should be included when the position is advertised and in correspondence offering employment.

Compensation and Benefits

An employee’s compensation and benefits will not change as a result of  telecommuting.

Hours of Work

The total number of hours that employees are expected to work will not change, regardless of work location.  Employees agree to apply themselves to their work during work hours.

Agencies must ensure that procedures are in place to document the work hours of employees who telecommute, in particular ensuring compliance with the Fair Labor Standards Act.

Telecommuting is not intended to serve as a substitute for child or adult care. If children or adults in need of primary care are in the alternate work location during employees’ work hours, some other individual must be present to provide the care.

Attendance at Meetings

Supervisors may require employees to report to a central workplace as needed for work-related meetings or other events or may meet with employee in the alternate work location as needed to discuss work progress or other work related issues.

Use of Leave

Telecommuting is not intended to be used in place of sick leave (Policy 4.55), Family and Medical Leave (Policy 4.20), leave used under the Virginia Sickness and Disability Program (Policy 4.57), Workers’ Compensation leave (Policy 4.60), or other types of leave.

However, agencies may determine whether or not it is appropriate to offer telecommuting as an opportunity for partial or full return to work based on agency policy and the criteria normally applied to decisions regarding the approval of telecommuting.

Workers’ Compensation Liability

Agencies may be liable for job-related injuries or illnesses that occur during employees’ established work hours in their alternate work locations.
Equipment and Materials

Normally, the state will provide equipment and materials needed by employees to effectively perform their duties. However, where agreements specify, employees may be authorized to use their own equipment.

State-Owned Equipment

Authorized use/users – State-owned equipment may be used only for legitimate state purposes by authorized employees.

Employees are responsible for protecting state-owned equipment from theft, damage and unauthorized use.

Maintenance – State-owned equipment used in the normal course of employment will be maintained, serviced and repaired by the state.

Transporting/Installing – Agencies should stipulate who is respon­sible for transporting and installing equipment, and for returning it to the central workplace for repairs or service.

Employee-Owned Equipment

When employees are authorized to use their own equipment,  agencies will not assume responsibility for its cost of equipment, repair, or service.
Costs Associated with Telecommuting

Agencies are not obligated to assume responsibility for operating costs, home maintenance, or other costs incurred by employees in the use of their homes as telecommuting alternate work locations, except as described below.

Agencies may use appropriated funds to:

  • pay for leased telephone lines in employee’s alternate work location,
  • install, and provide basic telephone service in employees’ alternate work locations or
  • provide cell phones to employees for business use.

If cell phones are not provided, agencies may reimburse employees for business-related long distance calls made from their personal telephones.
Agency Information

Employees must safeguard agency information used or accessed while telecommuting.

Agency supervisors must grant permission according to agency procedures for employees to work on restricted-access information or materials at alternate work locations. Employees must agree to follow agency-approved security procedures in order to ensure confidentiality and security of data.
Agency Responsibilities

Work performed in alternate work locations is considered official state business; therefore, agencies may establish specific conditions that apply to employees working in alternate locations.

Establish Agency Policy

Each agency must establish internal policies and procedures related to telecommuting. Such policies should maximize the appropriate use of telecommuting without diminishing employee performance or service delivery.

Agency policies also should:

  • Identify positions that are appropriate for telecommuting  (See Attachment A )
  • Require work agreements between the agency and employees
  • Require compliance with local zoning regulations
Identification of Ineligible Positions Each agency is responsible for identifying broad categories of positions that are ineligible for telecommuting and for providing appropriate justification for that determination.
Develop Work Agreements

Agencies and employees must agree to the terms of telecommuting before an employee may work at an alternate work location.

Agency agreements must be reviewed and approved by the Office of the Attorney General prior to use.

Agencies may want to include the conditions listed below in work agreements (also, see Attachment A for a sample agreement):

  • the duration of the agreement;
  • the work schedule and how it can be changed;
  • how leave is to be requested and approved by the supervisors;
  • status of employees during emergency or weather-related closings affecting the central or alternate workplace under Policy 1.35, Emergency Closings;
  • how routine communication between the employee, supervisor, co-employees, and customers will be handled;
  • employee’s performance plan/expectations;
  • the equipment and/or supplies that will be used, and who is responsible for providing and maintaining them;
  • any applicable data security procedures;
  • safety requirements (see Attachment B for sample checklist); and
  • a requirement that employees permit supervisor access to the alternate work location during normal work hours as defined by the telecommuting agreement.

As they deem necessary, agencies may wish to include additional conditions in their work agreements that require employees to:

  • comply with all state and agency rules, policies, practices and instructions;
  • use agency-provided equipment/supplies only for business purposes, and to notify agency immediately when equipment malfunctions;
  • notify their supervisors immediately of any situations which interfere with their ability to perform their jobs;
  • maintain safe work conditions and practice appropriate safety habits;
  • certify that the work location is free from hazards;
  • notify their supervisors immediately of any injury incurring while working;
  • agree to allow supervisors to visit the alternate work location immediately after any accident or injury that occurred while working;
  • absolve the agency from liability for damages to real or personal property resulting from participation in the telecommuting program; and
  • be responsible for the security of information, documents, and records in their possession or used during tele-commuting, and not take restricted-access material home without the written consent of their supervisors.
Termination of Agreement The agency may terminate the telecommuting agreement at its discretion. Agencies should give employees advance notice if a decision is made to terminate a telecommuting agreement; however, advance notice is not required.
Train Managers and Supervisors Agencies should encourage the successful and appropriate use of telecommuting within the agency by providing training to supervisors and managers in effectively managing telecommuters.
Report in PMIS

Agencies must determine which positions are appropriate for telecommuting and enter the information into the Personnel Management Information System when they:

  • establish a position (PSP 130),
  • re-establish a position (PSP 131), or
  • change the designation of the position (PSP 160, Field Change).
Reporting The agency head or designee shall annually report to the Secretary of Administration on the status and efficiency of telecommuting and participation in alternative work schedules, including specific budget requests for information technology, software, or other equipment needed to increase opportunities for telecommuting and participation in alternate work locations.
AUTHORITY

The Department of Human Resource Management issues this policy pursuant to the authority provided in Chapter 12, Title 2.2 of the Code of Virginia.
INTERPRETATION

The Director of the Department of Human Resource Management is responsible for official interpretation of this policy, in accordance with §2.2-1201 of the Code of Virginia.

Questions regarding the application of this policy should be directed to the Department of Human Resource Management’s Office of Agency Human Resource Services.

The Department of Human Resource Management reserves the right to revise or eliminate this policy.
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