COMMENT DUE DATE:
May 23, 2013
May 13, 2013
Kevin Sharp (405) 521-6829 Diane Haser-Bennett, Division director, HRMD Dena Thayer OIRP Programs Administrator (405) 521-4326
Non-APA WF 12-R(2)
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is June 1, 2013.
OKDHS:2 ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division
Telecommuting Telework and Alternate Work Location
(Reference WF 12-R)
NOTE: This Section was first circulated for comment in September 2012.Based on comments and discussion at that time, additional revisions were made and the Section is now being recirculated for comment.
The purpose of the revision is to update Oklahoma Department of Human Services (OKDHS) regulations to comply with House Bill (HB) 1086 relating to government transparency, accountability, and innovation.
SUBCHAPTER 1. HUMAN RESOURCES MANAGEMENT DIVISION
TELECOMMUTING TELEWORK AND ALTERNATE WORK LOCATION
Telecommuting Telework Issued 7-1-07 Revised 6-1-13
(a) General provisions.The purpose of this
regulation Section is to permit divisions the Oklahoma Department of Human Services (OKDHS) to designate employee alternate work locations employees to work at alternate work locations for all or part of their his or her workweek in order to promote general work efficiencies in accordance with Merit Rules per Office of Management and Enterprise Services Human Capital Management 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) Definitions.The following words and terms when used in
the 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
, employees' homes the employee's home and satellite offices.
(2) "Duty station" means the official designated
place work site where the employee is hired assigned to perform the duties and responsibility responsibilities for which he or she is hired.
(3) "Non-regular or episodic telework" means work at an alternate workstation without a regular schedule or in an episodic work schedule or arrangement.
(3)(4) " Telecommuting Telework" means a work arrangement in which supervisors direct or permit employees to perform their usual job duties away from their assigned duty station at an alternate work location in accordance with work agreements performed outside of the traditional on-site work environment. (4)(5) " Telecommuting Telework Plan and Metrics" means a written document describing a an office or division's internal telecommuting telework rules and procedures designed to accommodate the office or division's specific needs and requirements of the division. (5)(6) "Work agreement" means the written agreement , Form 11AD006E, Telecommuting Agreement, between the Oklahoma Department of Human Services (OKDHS) and the employee which details that establishes the terms and conditions of an employee's telework assignment work away from his or her assigned duty station and is maintained at the local office where the employee is assigned.A completed Form 11AD006E, OKDHS Telecommuting Agreement, is required for a telecommuting assignment 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.
(1) OKDHS may designate positions for
telecommuting telework and may approve employees an employee to telecommute telework when it is determined in the best interest of OKDHS.
(2) To establish a telework arrangement the requesting office, or division completes Form 11xxxxxE, 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.
(A) Form 11AD006E is used to establish a work agreement between the supervisor and the employee on any
telecommuting telework arrangements.
(B) OKDHS may establish
telecommuting telework as a condition of employment based on OKDHS business requirements. and this This condition will be is included in the announcement applicable announcements, advertisement advertisements, and any correspondence offering employment. (C) OKDHS divisions and offices utilizing telecommuting telework must submit a telecommuting plan to the Human Resources Management Division for review.The plan must include, but may not be limited to: (i) a description of the class of employee(s) who will be telecommuting; (ii) a statement(s) identifying and describing the compelling business advantage to OKDHS in allowing the employee(s) to telecommute; (iii) a detailed description of the work to be performed and how the work will be evaluated; and (iv) the approval of the chief officer in the chain of command for the division or office requesting the establishment of a telecommuting plan. (2)(3) The duties, obligations, and responsibilities of an employee who telecommutes are a teleworking employee is the same as those for employees at the an employee assigned to regular duty station stations.Work performed in an alternate work location is considered official state business.
(d) Compensation and benefits.An employee's compensation and benefits
does do not change as a result of telecommuting telework. Employees An employee on a telecommuting telework schedule continue continues to accrue annual leave, sick leave, and all other leave benefits at the same rate as an employee who is not working a telecommuting telework schedule.
Leave during telecommuting assignments Telework employee leave.The total number of hours that employees are 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.Supervisors of telecommuting teleworking staff must ensure that procedures are in place to document and control the employee work hours of employees who telecommute. Telecommuting Telework is not:
(1) 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 the
employees' employee's assigned work hours, some other individual must be present to provide care;
(2) used in place of sick leave,
Family Medical Leave family medical leave, Workers' Compensation, Administrative Leave administrative leave, Educational Leave educational leave, or any 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.
Telecommuting Telework as a reasonable accommodation.OKDHS may determine whether or not it is appropriate to offer telecommuting telework as an opportunity for partial or full return to work through as a reasonable accommodation based on OKDHS policy and criteria normally applied to such decisions.
(g) Business meetings.A telework employee does not hold business meetings with internal or external clients, customers, or colleagues at his or her home.
(g)(h) OKDHS inspection of alternate work location locations.OKDHS has the right to inspect the alternate work location locations where telecommuting work telework is performed.
(1) 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.
(2) The HRMD Risk, Safety, and Emergency Management Unit
staff may inspect the location in the event of a reported job-related incident, accident, or injury. (3) Telecommuting employees do not hold business meetings with internal or external clients, customers, or colleagues at their homes. (h)(i) Job-related illness or injuries during telecommuting telework.OKDHS may be liable for job-related injuries or illnesses that occur during employees' an employee's established work hours in their his or her alternative work locations. (i)(j) Equipment.Form 11AD006E specifies whether employees use their an employee uses his or her own equipment or OKDHS-owned equipment when telecommuting teleworking.
(1) OKDHS provides equipment and materials
needed by employees for an employee to effectively perform their his or her duties effectively.
(A) Authorized employees may use OKDHS-owned equipment only for legitimate
state business purposes.
Employees are The employee is responsible for protecting state OKDHS-owned equipment from theft, damage, and unauthorized use.
employees are an employee is authorized to use their his or her own equipment, OKDHS does not assume responsibility for the:
the cost, repair, or service of the equipment; or
(B) operating costs.
employees use their homes an employee uses his or her home as telecommuting a telework alternate work locations location, except as described in the Work Telework Agreement, OKDHS does not assume responsibility for:
(A) home maintenance; or
(B) other incurred costs.
(j)(k) Employee travel.During a telecommuting telework assignment, the employee's regular 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 the regular duty station is not a reimbursable expense. (k)(l) Termination of telecommuting a telework assignment.OKDHS may terminate the telecommuting agreement at its discretion a telework assignment without notice. Supervisors of telecommuting employees attempt to give advance notice if a decision is made to terminate a telecommuting agreement; however, advance notice is not required.
(m) Telework reporting.HRMD is the central repository of all telework plans and reports required by OKDHS Support Services Division and the Government Technology Applications Review Board (GTARB) per 74 O. S. § 20.