COMMENT DUE DATE:
September 28, 2018
September 18, 2018
Annalee Scharbor, Business Process Engineer 405-521-4899
Nancy Kelly, Policy Specialist 405-522-6703
Dena Thayer, Programs Administrator 405-521-4326
Non-APA WF 18-K
The proposed policy is Non-APA . This proposal is not subject to Administrative Procedures Act
It is important that you provide your comments regarding the draft copy of policy by the comment due date.Comments are directed to STO.LegalServices.Policy@okdhs.org.The proposed policy is Oklahoma Department of Human Services Regulations.
CHAPTER 2. ADMINISTRATIVE COMPONENTS
The proposed amendment to Chapter 2, Subchapter 2, amends the regulation to:(1) establish criteria; (2) eliminate the need for the division job family descriptor lists (telework plan and metrics form); (3) turn the Telework Agreement form into the avenue to request telework; (4) update definitions; and (5) clean up outdated language.
LEGAL AUTHORITY:Department of Human Services, Section 162 of Title 56 of the Oklahoma Statutes.
(a) General provisions.
The purpose of thisThis Section is to permitpermitsthe Oklahoma Department of Human Services (OKDHS) (DHS) to designate employee alternate work locations, for all or part of his or her workweek in order to promote general work efficiencies per Office of Management and Enterprise Services (OMES) Human Capital Management (HCM) Administrative Rules OAC 530:10-5-3 and Sections 840-4.3 and 840-4.19 of Title 74 of the Oklahoma Statutes (74 O.S. §§ 840-4.3 and 840-4.19). The terms telecommute and telework are synonymous, interchangeable, and reference OKDHS employee alternate work locations.
(b) Telework criteria.The employee must meet criteria listed in (1) through (3) to be considered for telework.He or she must:
(1) meet or exceed standards on the OMES Form HCM-111,PerformanceManagementProcess;
(2)complete a probationary period, as applicable; and
(3) not have a written disciplinary action on file within the last two years.
(b)(c) Definitions.The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise:
(1) "Alternate work location" means an approved work site other than the employee's assigned duty station
where official state business is performed. Such locations may include, but are not limited to the employee's home and satellite offices.
(2) "Duty station" means the official designated work site where the employee is assigned to perform the duties and responsibilities of the position, for which he or she is hired.
"Non-regular or episodic work" means work at an alternate workstation without a regular schedule or an episodic work schedule or arrangement established by the appointing authority or designee. (4) "Telework" means work performed outside of the traditional on-site work environmentemployee's assigned duty station.A Telework Agreement is not needed for employees who work at community partner spaces that have a memorandum of understanding with DHS. The duties, obligations, and responsibilities of a teleworking employee are the same for him or her as if working at his or her assigned duty station and as those for employees assigned to regular duty stations. (5) "Telework Plan and Metrics" means a written document describing an office or division's internal telework rules and procedures designed to accommodate the office or division's specific needs and requirements. (6) "Work agreement" means the written agreement that establishes the terms and conditions of an employee's telework assignment and is maintained at the local office where the employee is assigned.A completed Form 11AD006E, OKDHS Telework Agreement, is required prior to the telework assignment arrangement, unless the position is announced as a telework position. (7) "Work-at-home" means an approved arrangement where an employee performs his or her official duties at his or her home in a place or room suitable to performing official OKDHS business and maintains OKDHS standards for privacy and confidentiality of client information. (c)(d)Telework request and approval process.A completed Form 11AD006E, Telework Request and Agreement, is required prior to telework and, when approved, is used to establish a work agreement between DHS and the employee.
(1) The employee requesting telework completes Form 11AD006E and submits it to his or her supervisor for review and recommendation.
(2) The supervisor reviews and discusses Form 11AD006E with the employee.
(3) The supervisor sends Form 11AD006E, with his or her comments and recommendation, to the program's county or district director, assigned authority, or designee.
(4) After the program's county or district director, assigned authority, or designee, approves or denies the telework request, he or she signs Form 11AD006E, and it is sent to DHS Human Resource Management (HRM).
(5) The employee's supervisor retains signed Form 11AD006E in the employee's personnel file.
(e) Annual Telework Agreement review.
(1) OKDHS may designate positions for telework and may approve an employee to telework when it is determined in the best interest of OKDHS.This agreement is reviewed annually by the supervisor with the teleworking employee, the supervisor signs and dates to verify the review. (2) To establish a telework arrangement the requesting office or division completes Form 11AD007E, Telework Plan and Metrics, and submits it to the Human Resources Management Division (HRMD) for review and recommendation to the senior executive for the office or division requesting to telework.Upon receiving notice of approval by email, the requesting office or division completes Form 11AD006E.Form 11AD006Eis reviewed annually for accuracy and compliance to ensure the employee is meeting documented requirements. (A) Form 11AD006E is used to establish a work agreement between the supervisor and the employee on any telework arrangements. (B) OKDHS may establish telework as a condition of employment based on OKDHS business requirements.This condition is included in applicable announcements, advertisements, and correspondence offering employment. (3) The duties, obligations, and responsibilities of a teleworking employee is the same as those for an employee assigned to regular duty stations.Work performed in an alternate work location is considered official state business. (d)(f) Compensation and benefits.An employee's compensation and benefits do not change as a result of telework.An employee on a telework scheduleTelework Agreement continues to accrue annual leave, sick leave, and all other leave benefits at the same rate as an employee not working a telework schedulehe or she did, prior to the Telework Agreement. (e)(g) Telework employee leave.The total number of hours that an employee is expected to work does not change, regardless of work location.Regulations governing the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) remain in effect under this regulation the Telework Agreement. Supervisors of teleworking staff must ensure procedures are in place to document and control employee work hours.Telework is not:
(1) intended to serve as a substitute for child or adult care.
If When children or adults in need of primary care are in the alternate work location during the employee's assigned work hours, some other another individual must be present to provide care; and
(2) used in place of sick leave, family medical leave, Workers' Compensation, administrative leave, educational leave, or other leave for disability or other purposes
provided by OKDHS; (3) established at the employee's discretion to avoid any perceived unpleasant or inconvenient working conditions at the employee's regular duty station; and (4) used as a remedy for corrective discipline or as a reassignment or removal from duty status pending a disciplinary action investigation as permitted by OKDHS:2-1-7. (f)(h) Telework as a reasonable accommodation. OKDHS may determine whether it is appropriate to offer telework as an opportunity for partial or full return to work as a reasonable accommodation based on OKDHS policy and criteria normally applied to such decisions.A telework employee does not hold business meetings with internal or external clients, customers, or colleagues at his or her home. (g)Business meetings.A telework employee does not hold business meetings with internal or external clients, customers, or colleagues at his or her homethe alternate work location. (h)(i) OKDHS DHS inspection of alternate work locations. OKDHSDHS has the right to inspect an alternate work locations where telework is performed.location;
When the alternate work location is the employee's home, the employee must allow his or her supervisor and other designated OKDHS staff to inspect the location.as part of the annual Telework Agreement review; and
The HRMD Risk, Safety, and Emergency Management Unit may inspect the location in the event of a reported job-related incident, accident, or injuryto ensure the employee is complying with DHS policy requirements including, but not limited to:
(A) records retention;
(B) secure destruction of documents; and
(C) information security guidelines.
(i)(h) Job-related illness or injuries during telework. OKDHS DHS may be liable for job-related injuries or illnesses or injuries that occur during an employee's established work hours in his or her alternative work locationslocation.The HRM Risk Management Unit may inspect the location in the event of a reported job-related incident, accident, or injury. (j)(i) Equipment.Form 11AD006E specifies whetherif an employee uses his or her own equipment or OKDHSDHS-owned equipment when teleworking.
OKDHSWhen DHS provides equipment and materials for an employee to perform his or her duties effectivelyat thealternate worklocation, the employee andsupervisor must complete Form 23AM001E, Assets Accountability.
(A) Authorized employees may use
OKDHSDHS-owned equipment only for legitimate business purposes.
(B) The employee is responsible for protecting
OKDHSDHS-owned equipment from theft, damage, and unauthorized use.
(2) When an employee is authorized to use his or her own equipment
, OKDHS does not assume responsibility for the:
cost, repair, or service of the equipment; orDHS does not assume responsibility for the:
(i) cost, repair, or service of the equipment; or
(ii) operating costs; and
operating coststhe employee does not use personal cellular devices for DHS work purposes other than phone calls.
(3) When an employee uses his or her home as
a teleworkan alternate work location, except as described in the Agreement, OKDHSDHS does not assume responsibility for:
(A) home maintenance; or
(B) other incurred costs.
(k)(j) Employee travel. During a telework assignment When teleworking, the employee's stated official duty station on the Telework Agreement is the location of origin in calculating mileage unless the alternate work location is closer to the employee's destination.Mileage to and from the employee's designated alternate work location and regular duty station is not a reimbursable expense. (l)(k) Termination of a telework assignment. OKDHS DHS may terminate a telework assignment without notice. (m)(l) Telework reporting. HRMD HRM is the central repository of all telework plansTelework Requests and Agreements and reports required by OKDHSDHS Support Services Division and the Government Technology Applications Review Board, (GTARB) per 74 O. S. § 20.