4.5 POLICY ON TELEWORK

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1 (a) Purpose and Scope 4.5 POLICY ON TELEWORK (1) Purpose. The purpose of this policy is to provide the guidelines and define qualifications for use of telework as part of the Judiciary s work-life balance initiative. Teleworking in the Judiciary is a management option, not an employee right. (2) Scope (A) This policy applies to: (i) employees who are paid through the Central Payroll Bureau of the Comptroller who have completed initial probation; and (ii) employees of the State Board of Law Examiners, the Maryland State Law Library, the Commission on Judicial Disabilities, and the Maryland Court of Appeals Standing Committee on Rules of Practice and Procedure. (B) This policy does not apply to: (i) locally funded employees in the Circuit Courts; (ii) employees of the Attorney Grievance Commission and the Client Protection Fund; (iii) employees of the Register of Wills or the Orphans Court; and (iv) judges. (b) Definitions (1) Administrative Head: (A) For the Appellate Courts, the Clerk of the Court for all employees under the Clerk s supervision, and the Chief Judge for all other employees, in the appellate court where the employee works; (B) For the Circuit Courts, the Clerk of the Court for all employees under the Clerk s supervision, and the County Administrative Judge for all state employees under his or her supervision; (C) For the District Court, the Chief Judge of the District Court, the Chief Clerk, or the Administrative Clerk for all employees under his or her supervision; (D) For the Administrative Office of the Courts (AOC), the State Court Administrator; (E) For any units, the head of the unit where the employee works; or, (F) Any person who serves as the authorized designee, by express written designation, of any of the foregoing persons. (2) Contractual Employee An employee whose conditions of employment and compensation are specified in a personal services contract. (3) Judiciary Human Resources Department (JHRD) The department within the AOC that is responsible for, but not limited to, the following functions for State employees in the Maryland Judiciary: human resources policy development, administration, and interpretation; recruitment; employment and orientation services; employee benefits; position classification and salary administration; and employer-employee relations. JUDICIARY EMPLOYEE HANDBOOK 1 Section 4 Benefits and Services

2 (4) Main Work Site An employee s usual and customary work site, as assigned. (5) Regular Employee For purposes of this policy, a state employee holding a position funded under an approved budget and having an assigned position identification number (PIN). This does not include clerks of court, contractual and temporary employees, judges, magistrates, and law clerks. (6) Remote Work Site An approved work site other than the employee s main work site. (7) Telework (also known as Teleworking or Telecommuting) The practice of working from a remote work site. (8) Teleworker An employee who has entered into a formal agreement with the Maryland Judiciary to be permitted to work at a remote work site. (9) Teleworking Schedule A work schedule that allows an employee to telework on a fixed and regular basis, such as one day each week or one day per pay period. (10) Temporary Employee An employee whose condition of employment is not governed by a personal services contract, whose position is not specifically budgeted, and whose period of employment is not to exceed one year from the date of hire. (11) Unit The State Board of Law Examiners, the Maryland State Law Library, the Commission on Judicial Disabilities, and the Maryland Court of Appeals Standing Committee on Rules of Practice and Procedure. (12) Work Week Wednesday through the following Tuesday. (c) Policy Statement The Maryland Judicial Branch of Government strives to provide its employees work-life balance opportunities that enhance the work environment, resulting in operational effectiveness. Telework is a work-life balance initiative that is a privilege and not a right. It is approved at the administrative head s discretion. (d) Approving Authority The administrative head will have the final authority for approval, disapproval, modification, and/or termination of an employee s telework agreement. The administrative head may, at his or her discretion and at any time and for any reason, choose to implement or to discontinue a telework agreement for an employee or all employees within the court, department, agency, or office for which the administrative head is responsible. JUDICIARY EMPLOYEE HANDBOOK 2 Section 4 Benefits and Services

3 (e) Evaluation Considerations for Teleworking (1) Administrative heads, managers, supervisors, and employees will work together to evaluate whether an individual position or an individual employee qualifies given the eligibility criteria listed below. (2) Eligibility Criteria. Eligibility to telework will be characterized by factors such as, but not limited to: (A) Work which can benefit from quiet or uninterrupted work time; (B) Face-to-face interaction with supervisor, coworkers, the public, and other work resources can be structured such that the employee need not be physically present in his or her main work site on a daily basis; (C) Duties and assignments are characterized by clear work objectives that can be accomplished in a remote work site as effectively as in the main work site; and, (D) The employee can demonstrate progress toward specific measurable work-related outcomes as agreed upon in a work plan with the employee s supervisor. These measurable outcomes should be equivalent to the amount of work expected to be performed if the employee was located at the main work site. (3) Eligible Employees (A) Telework involves a commitment of the employee to: (i) Be available and engaged in the assigned work during agreed-upon work hours; (ii) Perform work in a specifically designated location at home or other agreed-upon remote work site; and, (iii) Request and use leave and maintain time and attendance reports in accordance with normal leave approval and time and attendance accounting procedures. (B) Factors that should be considered in determining an employee s eligibility for telework include: (i) The employee has demonstrated an ability to work independently; (ii) The employee has a history of satisfactory performance; and, (iii) The employee is accessible by telephone, , or other agreed upon communication devices during normal work hours. (C) Employees who telework are subject to the same performance standards, policies, and applicable laws as they are when not teleworking. (D) Employees are prohibited from teleworking when on leave. Employees are not to telework when ill in lieu of taking leave for an illness. (f) Authorized Expenses and Services (1) The teleworker must have a telephone and designated workspace with appropriate equipment and supplies to do the assigned work. The teleworker will have full responsibility for the purchase, loan, repair, or maintenance of the equipment, furnishings, facility, and utilities of a home-based telework site. JUDICIARY EMPLOYEE HANDBOOK 3 Section 4 Benefits and Services

4 (2) In cases where Judiciary equipment, software, or other expenses for home-based telework, or use at a telework center, or other remote work site is approved, the employee is responsible for any damage, loss, or other unwarranted costs that occur because of his or her negligence, misuse or abuse. Such equipment shall remain the property of the Judiciary and shall be returned upon the termination of the telework agreement. (g) Teleworking Sites (1) The designated remote work site must be dedicated during telework hours as the official workspace and must conform to the criteria listed in the Telework Workspace Self-Certification Checklist. (2) While working in the remote work site, the teleworker is covered by the Maryland Workers Compensation law. In case of injury, the teleworker or, if this is not possible, a person acting on the teleworker s behalf, must follow all rules regarding notification and documentation as specified in this law. This coverage will apply only during work hours specified in the Judiciary Teleworking Agreement and will exclude injuries during non-work hours. (3) The Judiciary is not liable for damages to the teleworker s personal or real property while the teleworker is working at the remote work site, except as required by law. (4) Employees are responsible to ensure they have a remote work site that is safe and free from hazards. (5) The administrative head or supervisor may make on-site inspections/visits to the designated teleworker s remote work site for purposes of ensuring the site is safe and to maintain, troubleshoot, or service Judiciary-licensed software. As relevant, the administrative head or supervisor may inspect, maintain, repair, or retrieve Judiciary owned equipment, software, data, or supplies. (6) Inspections shall only be made during normal Judiciary core work hours. (h) Telework Agreement and Work Plan Procedure (1) The administrative head shall determine which positions and employees within his or her realm of responsibility are eligible for teleworking. (2) The administrative head and employee will agree upon the designated telework days and hours. (3) At any time, an employee s telework agreement may be rescinded at the discretion of the administrative head. The telework agreement will be rescinded if an employee abuses the privileges of this program or exhibits deficiencies in performance, conduct, or attendance, or for any other reason as determined by the administrative head. A two-week written notice will be provided to the affected employee, except in situations that require immediate action. JUDICIARY EMPLOYEE HANDBOOK 4 Section 4 Benefits and Services

5 (4) Before an employee and administrative head, or his/her designee, enter into a telework agreement, they shall jointly review the following, which can be found on the Judiciary s Human Resources website page: (A) The Judiciary Policy on Telework; (B) The Judiciary s Teleworking Agreement; (C) The Judiciary s Telework Workplace Self-Certification Checklist; and, (D) The Judiciary s Teleworker Work Plan. (5) The employee shall complete, sign, and return to the administrative head the Judiciary s Teleworking Agreement and the Judiciary s Telework Workplace Self-Certification Checklist. (6) The Teleworking Agreement must be reviewed, modified, and reissued as part of the annual performance review process, or more often as determined by the administrative head. (7) The administrative head may take appropriate disciplinary action against the teleworker for failing to comply with the provisions of the telework agreement. (8) A copy of the telework agreement and work plan for an employee must be sent to the JHRD. The agreement and plan will be kept in the employee s personnel file. (i) Child and Dependent Care (1) Teleworking is not a substitute for child or dependent care. Teleworkers shall not act as primary caregivers for children or dependents during agreed upon work hours. (2) The teleworker must continue to make arrangements for child or dependent care as if the teleworker were working at the main work site. (j) Limitations (1) Although an administrative head has the discretion to determine whether or not teleworking is allowed for the employees under his or her authority and the conditions and parameters under which it is allowed, that discretion shall not be exercised in a manner that is contrary to the plain language or intent of this policy nor in any way that negatively affects the operation of the court or office for which the administrative head is responsible. (2) A telework agreement shall not permit an employee to telework more than one day in any work week. (3) An employee teleworking from home on a work day when a delayed opening is declared, will be expected to continue to work from home on that work day, if possible. If the employee is incapable of performing work from home due to the cause for the delayed opening of the employee s office, then the employee may be granted administrative leave upon the request of the employee and the approval of the administrative head. (4) An employee cannot simultaneously have a telework agreement and an Alternative Work Schedule (AWS). If an employee has an AWS, then he or she is not allowed to have a telework agreement. JUDICIARY EMPLOYEE HANDBOOK 5 Section 4 Benefits and Services

6 (k) Monitoring of the Agreement (1) The administrative head, or his or her designee, shall monitor on a regular basis the work product of an employee who has a telework agreement. This may include whatever monitoring or work verification measures the administrative head deems appropriate, including, but not limited to, formalized work plans for a particular day, work product logs, telephone logs, check-in/check-out telephone calls or s, or other such measures that prove that the employee was working and producing work on telework days as expected. (2) The employee must produce a work product, in both quantity and quality, that is a requirement of the agreement and that is acceptable to the administrative head. The work product must not be any less acceptable than that of a similarly situated employee who does not telework. (3) The administrative head, or anyone designated to act on their behalf, shall review a telework agreement of any Judiciary employee at any time, but at least annually, and review the work product of the employee. The administrative head, in consultation with the JHRD, may rescind a telework agreement at any time if a sufficient work product is not being realized, the telework option is being mismanaged, or for any other reason the administrative head deems appropriate. (l) Confidentiality The teleworker and the administrative head shall take appropriate safeguards to secure confidential data and information. (m) Discontinuation of the Policy This policy may be discontinued at any time and for any reason at the discretion of the Chief Judge of the Court of Appeals or the State Court Administrator. (n) Policy is not Subject to a Grievance Action The approval, denial, modification, or termination of a telework agreement is not grievable. (o) Exceptions: The Chief Judge of the Court of Appeals or the State Court Administrator may make exceptions to any provision of this policy. (p) Interpretive Authority: The JHRD is responsible for the interpretation of this policy. (q) Not a Contract: This policy does not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers. JUDICIARY EMPLOYEE HANDBOOK 6 Section 4 Benefits and Services