COMMENT DUE DATE:
October 19, 2020
October 8, 2020
Brent Oldland, HRM 405-522-6008
Dena Thayer, Programs Administrator 405-693-6542
Nancy Kelly, Policy Specialist 405-522-6703
Non-APA WF 20-G3
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 rules by the comment due date.Comments are directed to *STO.LegalServices.Policy@okdhs.org.
SUBJECT:OKDHS SUBCHAPTER 1. HUMAN RESOURCES MANAGEMENT
Telecommuting and Alternate Work Location Telework
SUMMARY:Oklahoma Human Services (OKDHS) Regulation,OKDHS:2-1-301, is a complete rewrite of a previous OKDHS Regulation governing the agency's teleworking program.It incorporates lessons-learned since agency-wide teleworking was mandated in March 2020.The previous OKDHS Regulation permitted employees to telework.The completely revised Regulation encourages this function and provides new online technology to register and monitor those who participate.
DHS OKDHS SUBCHAPTER 1. HUMAN RESOURCES RESOURCE MANAGEMENT
TELECOMMUTING AND ALTERNATE WORK LOCATION TELEWORK
DHS: 2-1-301 OKDHS:2-1-301. Telecommuting Telework
(a) General provisions. This Section
permits the Oklahoma Department of Human Services (DHS) to designate employee alternate work locations, per Office of Management and Enterprise Services (OMES) Human Capital Management (HCM) Administrative Rules 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)discusses Oklahoma Human Services (OKDHS) rules governing teleworking by its employees.Within state government agencies, teleworking is permitted by, and managed, per the Office of Management and Enterprise Services (OMES) Human Capital Management (HCM), Oklahoma Administrative Code, 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).OKDHS complies with all elements of those directives while encouraging its employees to telework whenever possible.OKDHS believes a workforce whocan routinely and proficiently use office systems along with developing technology capabilities is a key component of a modern, agile, and responsive service provider.The alternative workplace flexibility offered by a dynamic and expansive program contributes immeasurably to superior performance, high morale, job satisfaction, reduced attrition, and enhanced retention.Managers, supervisors, and employees are expected to work cooperatively to grow the OKDHS teleworking footprint whenever and as much as possible.
(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.The terms of an OKDHS telework agreement are agreed upon between an employee and the employee’s his or her direct supervisor.
(c) Definitions.The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise:
Alternate work location Official duty station" means an approved work site other than the employee's assigned duty station the official designated workspace or OKDHS office where an employee is assigned to perform the duties and responsibilities of the position for which he or she is hired.
Duty station Telework" 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 work performed outside of the employee's assigned duty station.When teleworking, an employee's job duties, obligations, and responsibilities are the same as those for employees assigned to official duty stations.
(3) "Telework duty station" means
work performed outside of the employee'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 the designated workspace, other than the official duty station, where an employee has agreed to perform the duties and responsibilities of the position for which he or she is hired.To provide for the employee's quick response to emergent situations, the telework duty station can be no farther than 75-road miles from the official duty station unless otherwise approved, based upon the employee's special circumstances.
(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.
The employee requesting telework completes Form 11AD006E and submits it to his or her supervisor for review and recommendation.The SharePoint Human Resource Management (HRM) Telework Agreement site has the TeleworkApp form.Once the requested information is entered in the form, the employee and supervisor sign it electronically and the supervisor uploads it to the site.
The supervisor reviews and discusses Form 11AD006E with the employee.Supervisors must review the agreement with the employee at least annually, uploading a new form each time.
The supervisor sends Form 11AD006E, with his or her comments and recommendation, to the program's county or district director, assigned authority, or designee. A TeleworkApp Form is not needed for employees who work at community partner spaces that have a memorandum of understanding with OKDHS. (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.
Form 11AD006E is reviewed annually for accuracy and compliance to ensure the employee is meeting documented requirements. (f) Compensation and benefits. An employee's compensation and benefits do not change as a result of telework teleworking. An employee on a Telework Agreement continues to accrue annual leave, sick leave, and all other leave benefits at the same rate as he or she did, prior to the Telework Agreement.Teleworkers accrue leave benefits at the same rate as they did, prior to teleworking. (g)(f) T elework employee leave Teleworking hours.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 the Telework Agreement.Every employee is required to work 40 hours per week.Regulations governing the Fair Labor Standards Act (FLSA) and the Family Medical Leave Act (FMLA) remain in effect under the telework program. Telework Teleworking is not:
(1) intended to serve as a substitute for child or adult care.
When children or adults in need of primary care are in the alternate work location during the employee's assigned work hours, another individual must provide care; and
(2) used in place of sick leave, family medical leave,
Workers' Compensation workers' compensation, administrative leave, educational leave, or other leave for disability or other purposes. (h)(g) Business meetings. A telework employee does not hold business meetings with internal or external clients, customers, or colleagues at the alternate work location.When teleworking, employees must ensure their dress, appearance, and behavior are what they would display during traditional office meetings.
(h) Information security and confidentiality. When an employee is obligated to conduct business in a public location, the employee must take steps to mitigate the risks of inadvertently disclosing confidential information to third parties. Such steps include restricting any other person's ability to view the employee's electronic devices or documents and not discussing case specific information, including over any phone or other electronic device, when individuals are capable of listening. Any employee who anticipates conducting business in a public location must receive training that addresses information security and confidentiality. All internet based use of an employee's work computer in a public location must be conducted utilizing the employee's VIN login credentials for heightened security purposes and not solely utilizing a public Wi-Fi network.
DHS inspection of alternate work locations OKDHS telework location inspections. DHS has the right to inspect an alternate work location; OKDHS supervisors may inspect an employee's teleworking workplace:
as part of the annual Telework Agreement reviewwith the his or her consent and at an agreed upon date and time; and
(2) to ensure the employee is complying with
DHS OKDHS requirements including, but not limited to:
records retentionmaintaining confidential information;
secure destruction of documents records retention;
information security guidelines secure document destruction; and
(D) information security guidelines.
(j) Job-related illness or injuries
during telework while teleworking. DHS may be liable for job-related illnesses or injuries that occur during an employee's established work hours in his or her alternative work location.Teleworking employees must immediately report any illness or injury to supervisors, just as they would when working at an official duty station.The HRM Risk Management Unit may inspect arrange with the employee, to inspect the location in the event of a reported job-related incident, accident,illness or injury.
(k) Equipment Form 11AD020E, TeleworkApp Agreement, specifies if an employee uses
their his or her own equipment or DHS-owned OKDHS-owned equipment when teleworking.
D HS OKDHS provides equipment and materials for an employee to perform his or her duties at thealternate work location telework, the employee andsupervisor must complete Form 23AM001E, Assets Accountability.
Authorized employees may use DHS-owned equipment only for legitimate business purposes.Employees may use OKDHS-owned equipment only for legitimate OKDHS business-related purposes.
(B) The employee is responsible for protecting
DHS-owned OKDHS-owned equipment from theft, damage, or unauthorized use.
(C) OKDHS-owned equipment can include, but is not limited to:
(i) a computer or laptop;
(ii) a computer monitor; or
(iii) an office chair.
(2) When an employee uses his or her own equipment:
DHS OKDHS does not assume responsibility for the:
(i) equipment cost, repair, or service
of the equipment; or and
(ii) operating costs
the employee he or she does not use personal cellular devices for DHSOKDHS work purposes other than phone calls.
(3) When an employee uses his or her home as
an alternate remote work a telework location, except as described in the Agreement, DHS the telework agreement, OKDHS does not assume responsibility for:
(A) home maintenance; or
(B) other incurred costs.
(l)Employee travel.When teleworking the employee's stated official duty station on the
Telework TeleworkApp Agreement is the location of origin in calculating mileage unless the alternate work telework location is closer to the employee's destination.Mileage to, and from, the employee's designated alternateremote location and regular official duty station is not a reimbursable expense.
Termination of a telework Telework assignment termination. DHS may terminate a telework assignment without notice.An employee's direct supervisor or anyone in his or her supervisory chain may terminate the TeleworkApp Agreement at any time.
(n) Telework reporting.
HRM is the central repository of all Telework Requests and Agreements and reports required by DHS Support Services and the Government Technology Applications Review Board, per 74 O. S. § 20.The HRMdirector has executive oversight of the OKDHS telework program.