COMMENT DUE DATE:
October 12, 2012
DATE:
September 28, 2012
Kevin Sharp, HRMD (405) 521-6829
Dena Thayer, OIRP Programs Administrator (405) 521-4326
Nancy Kelly, OIRP (405) 522-6703
RE:
Non-APA WF 12-R
The proposed policy is Non-APA . This proposal is not subject to the Administrative Procedures Act
The proposed effective date is November 1, 2012.
OKDHS:2 ADMINISTRATIVE COMPONENTS
Subchapter 1. Human Resources Management Division
Part 9. Telecommuting Teleworking and Alternate Work Location
OKDHS:2-1-301 [REVISED]
(Reference WF 12-R)
SUMMARY:
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
PART 9. TELECOMMUTING TELEWORKING AND ALTERNATE WORK LOCATION
OKDHS:2-1-301. Telecommuting Teleworking
Issued 7-1-07 Revised 11-1-12
(a) General provisions.The purpose of this regulation is to permit divisions OKDHS to designate alternate work locations for employees to work at alternate work locations for all or part of their workweek in order to promote general work efficiencies in accordance with Merit Rules per Office of Personnel 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 telecommuting and teleworking and are synonymous, interchangeable, and reference Oklahoma Department of Human Services (OKDHS) alternate work locations for employees.
(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 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) "Telecommuting Teleworking" 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 that is performed outside of the traditional on-site work environment.
(4) "Non-regular or episodic telework" means work at an alternate workstation without a regular schedule or in an episodic work schedule or arrangement.Non-regular or episodic telework is not the same as a detail to special duty, an assignment to work out-of-class for a period of less than 60 days, a temporary assignment in the unclassified service, or any defined placement under the Office of Personnel Management Administrative Rules.
(5) "Official duty station" means a work location designated by the appointing authority that may or may not be changed by the telework assignment or designation.
(6) "Work-at-home" means an approved arrangement where an employee performs his or her official duties at his or her home in a suitable place or room to perform official OKDHS business.
(4)(7) "Telecommuting Telework Plan" means a written document describing a division's or office's internal telecommuting telework rules and procedures designed to accommodate the division's or office's specific needs and requirements of the division.
(8) "Performance reporting metrics" means sets of information that reflect state agency and employee performance.
(5)(9) "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.A completed Form 11AD006E, OKDHS Telecommuting Agreement, is required for a telecommuting assignment prior to the telework arrangement assignment, unless the position is announced as a telework position.
(c) Telecommuting Teleworking.
(1) OKDHS may designate positions for telecommuting telework and may approve employees to telecommute telework when it is in determined the best interest of OKDHS.
(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 teleworking as a condition of employment based on OKDHS business requirements. and this This condition will be is included in the announcement announcements, advertisement advertisements, and any correspondence offering employment.
(C) OKDHS divisions and offices utilizing telecommuting requesting telework assignments must submit complete a telecommuting plan to the Human Resources Management Division for review. The plan must include, but may not be limited to: Form, Telework Plan.
(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.
(D) Divisions and offices must complete and submit Form, Performance Reporting Metrics Worksheet (PRMW), to the Human Resources Management Division (HRMD) to demonstrate that the employee's assigned work may be performed by teleworking, unless the division or office previously submitted a PRMW for the same job family descriptor per 62 O.S. § 34.11.7.
(E) Submission of Forms, Telework Plan, 11AD006E, , Employee Agreement(s), and , Performance Report Matrix, constitute a telework request and must be reviewed and receive an HRMD recommendation before the origination division or office senior executive's final approval.
(2) The duties, obligations, and responsibilities of an employee who telecommutes teleworking employees are the same as those for employees at the 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 on a telecommuting telework schedule continue to accrue annual leave, sick leave, and all other leave benefits at the same rate as an employee who is employees not working a telecommuting telework schedule.
(e) Leave during telecommuting assignments Telework employee leave.The total number of hours that employees are 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 Teleworking 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.
(f) TelecommutingTelework 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) 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 Telework employees do not hold business meetings with internal or external clients, customers, or colleagues at their homes.
(h) Job-related illness or injuries during telecommuting telework.OKDHS may be liable for job-related injuries or illnesses that occur during employees' established work hours in their alternative work locations.
(i) Equipment.Form 11AD006E specifies whether employees use their own equipment or OKDHS-owned equipment when telecommuting teleworking.
(1) OKDHS provides equipment and materials needed by for employees to effectively perform their duties effectively.
(A) Authorized employees may use OKDHS-owned equipment only for legitimate state business purposes.
(B) Employees are responsible for protecting state OKDHS-owned equipment from theft, damage, and unauthorized use.
(2) When employees are authorized to use their own equipment, OKDHS does not assume responsibility for the:
(A) the cost, repair, or service of the equipment; or
(B) operating costs.
(3) When employees use their homes as telecommuting telework alternate work locations, except as described in the Work Agreement, OKDHS does not assume responsibility for:
(A) home maintenance; or
(B) other incurred costs.
(j) 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) Termination of a telecommuting 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.
