ADMINISTRATIVE POLICY
TITLE: Telecommuting / POLICY NUMBER
HR-
08-116
EFFECTIVE: November 1998
REVISED: July 8, 2009 Under Review
PURPOSE
Establish guidelines and procedures for telecommuting as an alternative work arrangement in order to attract and retain a diverse and talented work force, reduce cost, improve productivity, better address work and family demands, and further the goals of the department.
SCOPE
This policy applies to supervisors and eligible employees who are allowed to participate in telecommuting at the Department of Management Services (DMS/department).
AUTHORITY
Section 110.171, Florida Statutes (F.S.) - State Employee Telecommuting Program
DISTRIBUTION
The Following IndividualsShould be Notified of this Policy, its Procedures and Forms / Method of Notification
All DMS Employees / · DMS communications via employee e-mail distribution list
· DMS Web site
DMS Executive Leadership / · Executive Leadership meetings
POLICY
Telecommuting is a work arrangement that allows eligible employees to perform the normal duties and responsibilities of their positions through the use of computers or telecommunications at an alternate work location, such as home, for one or more days a week.
A. Participation
1. DMS gives equal consideration to all employees for participation in telecommuting. Telecommuting is not appropriate for all employees’ work responsibilities. Employees are not guaranteed the opportunity to telecommute. It is DMS’ and the immediate supervisor’s discretion to determine if an employee participates in telecommuting and is not considered an entitlement. Each division determines which positions and employees are suitable for telecommuting.
2. Participation may be terminated in writing by the department at any time if it is no longer in the best interest of DMS or if the employee fails to comply with the provisions of the Telecommuting Agreement or these procedures.
a. DMS must give the employee notice of no less than 10 business days that their participation in telecommuting will be terminated.
b. If the termination of participation is related to employee discipline, the 10 business day notice is not required.
3. Participation in telecommuting is voluntary and an employee may elect to cease participating in the program at any time. Employee must terminate the agreement in writing.
4. Telecommuting agreements are for no longer than one year and are valid until terminated in writing by either party. At the end of the agreed telecommuting period, both parties participate in a review that can result in the reactivation or termination of the Telecommuting agreement.
5. In order to participate, an employee’s work must require minimal face-to-face interaction with internal and external customers, and the employee’s tasks can be successfully performed away from the office.
6. An employee’s participation in telecommuting will not adversely affect their eligibility for advancement or any other employment rights or benefits.
7. An employee currently subject to a performance corrective action plan or who has documented performance deficiencies is not eligible to participate in telecommuting.
8. Participants are subject to the same rules regarding conduct, attendance and leave, job performance, performance evaluations, discipline and separation action as other employees.
9. Participants are protected by Chapter 440. F.S., concerning workers’ compensation, when performing official duties at an approved telecommuting work location. The employee agrees to maintain safe working conditions.
10. Participants agree to allow inspection of the telecommuting work location by the immediate supervisor or department management during established work hours, with 24-hour written or verbal notice. Participants may waive the required notification time if they choose.
11. Employees participating in telecommuting are prohibited from conducting face-to-face state business at the telecommuting work location except for inspections, delivery and pick-up of materials and work assignments, and equipment maintenance.
12. Telecommuting is not a substitute for dependent care or child care. Employees are expected to make dependent and child care arrangements during the period they work at home. DMS denies telecommuting participation if the sole basis for the request is the employee’s responsibilities as a caregiver or because the employee is not able to find care for their dependents or persons in their care. If such care is unavailable, employee is expected to take annual leave or other leave, as appropriate.
B. Approval of Participation in Telecommuting
An employee or supervisor may request a telecommuting arrangement. Use the “Telecommuting Agreement Form” (HR-116-F1) to support approved participation in telecommuting . The participating employee, supervisor and division director must sign the agreement prior to beginning telecommuting. Failure to comply with the provisions of the agreement may result in termination of the agreement and/or disciplinary action. Forward the signed agreement to the HR Office for inclusion in the employee’s official personnel file. The agreement must include:
1. Verification by the employee that the telecommuting work location provides work space that is free of safety and fire hazards;
2. Provisions that hold the state and DMS harmless against any and all claims, excluding workers’ compensation claims, resulting from an employee working at an approved telecommuting work location;
3. A description of the security controls that DMS considers appropriate and necessary to protect state-owned equipment and information; and,
4. A description of the appropriate use and maintenance of any equipment or items provided by the state while participating in telecommunication. This requirement may include, but is not limited to:
- a description of the installation and maintenance of telephone or computer equipment
- the responsibility for incurring or paying for any ongoing communications cost initiated or received at the telecommuting work location as a result of performing official business.
C. Work Schedules/Assignments and Time Reporting
1. The telecommuting employee maintains the normal work schedule and must be accessible by phone or modem during the department’s normal working hours. An employee may telecommute up to five days per week and the work schedule is at the discretion of the supervisor.
2. The employee is expected to meet with the supervisor to receive work assignments and to review completed work as necessary on a schedule the supervisor determines. The employee continues to complete all assigned work according to work procedures, guidelines and performance standards.
3. Participants are required to complete time sheets in People First. The supervisor approves requests for leave and overtime in advance as established by DMS’ policies and procedures. In order to use sick leave on a telecommuting workday, employees must contact their supervisor at the beginning of the workday. Failure to comply with this requirement may result in the immediate termination of the Telecommuting Agreement.
4. Employees may, at the discretion of their supervisor, be called to work at their official worksite on their regular telecommuting workdays during regular work hours to meet workload requirements.
5. The supervisor provides quarterly updates to the division director on the progress and work performed by the employee at the telecommuting work location.
D. Equipment/Resources/Supplies
1. The need for specialized materials or equipment in order to telecommute should be minimal. DMS determines the appropriate equipment and material needed for each telecommuting arrangement on a case-by-case basis.
2. State-owned equipment may be used at the employee’s telecommuting work location with approval from the supervisor. The state services and maintains state-owned equipment but the employee protects it against any damage and unauthorized use. Equipment supplied by the state is used for state business purposes only. The supervisor inspects the telecommuting work location periodically to ensure proper maintenance of state property.
3. The employee is responsible for maintenance of personal equipment used in telecommuting. The employee may ask DMS’ help desk for work-related assistance
4. The state is not liable for any damages to the employee’s property as a result of participating in telecommuting. The state is not responsible for operating cost, home maintenance or any incidental cost (e.g., utilities) associated with the use of the telecommuting work location.
5. General office supplies (pens, paper, etc.) are provided by DMS. Employee gets prior approval before purchasing office supplies or other items for use at the telecommuting work location.
6. DMS reimburse the employee for business-related expenses such as business-related phone calls, shipping costs, etc. that are reasonably incurred while performing job duties. DMS does not purchase or reimburse employees for the cost of Internet use.
7. DMS does not provide office furniture to employees who telecommute.
E. Security Controls
1. The employee applies approved safeguards to protect the department’s records from unauthorized disclosure or damage and complies with the public records requirements set forth in Chapter 119, F.S. All records, papers, and correspondence must be safeguarded for their return to the official work location. Only release or destroy any records at the official worksite in accordance with statutes and regulations. Computerized files are considered official records and are similarly protected.
2. Employees using a computer must have appropriate firewall and up-to-date anti-virus protection and are required to follow all security rules and procedures established by the department. Computers must activate password protected screensavers.
3. Information systems staff may conduct periodic reviews with at least 24-hour advance notice to ensure compliance with appropriate protocols. Any noncompliance could result in the termination of telecommuting privileges.
F. Americans with Disabilities Act (ADA)
Telecommuting does not reduce any need for the modification of the workplace required by ADA, but it does widen the pool of potential employees available. Never offer the option of telecommuting to keep an employee with a disability from the office. Offer it to qualified employees as a work option to improve their quality of life and promote greater performance. Appropriate procedures for accommodation must be followed.
1. Consideration is given on a case-by-case basis based on reasonable accommodations, the employee’s special needs and the specific tasks required of the employee.
2. Provide the appropriate “Request for Reasonable Accommodation” forms, the appropriate medical documentation that describes how the disability affects the employee and any accommodations that may be required due to the disability.
RESPONSIBILITIES
Individualor Group / Responsibilities
Employee / · Adhere to this policy.
· Initiate a written request if interested in participating in telecommuting.
Supervisors / · Grant or deny request to telecommute.
· Complete and maintain appropriate paperwork regarding employees approved to telecommute.
· Assist employees with issues regarding telecommuting.
· Ensure participants adhere to this policy.
· Submit telecommuting agreement to HR Office.
Human Resource (HR) Office / · Annual review and update of this policy.
· Provide guidance to divisions and employees.
· Maintain telecommuting agreement in employees’ personnel files.
· Updates employees’ ‘telecommuting’ indicators and dates in People First
DMS Executive Leadership / · Ensure that division employees are familiar with this policy.
· Approve positions and employees for telecommuting.
· Provide guidance to supervisors regarding telecommuting.
ASSOCIATED FORMS
HR-116-F1 - Telecommuting Agreement Form
Page 1 of 6 DMS Policy No. HR-08-116
Telecommuting