431 TELECOMMUTING POLICY Adopted: 9/23/98 Reviewed: 9/19/07 I. PURPOSE Telecommuting is the practice of working at home or another secondary work site location one or more days per week instead of working at the SW/WC SC office. Telecommuting is a work alternative that can increase employee productivity, reduce absenteeism, and reduce costs for SW/WC SC, while offering a more flexible work option for select employees. However, if not properly managed, telecommuting can cause a number of problems. Telecommuting is encouraged only where it is a clearly viable work option with tangible benefits to the SW/WC SC. The telecommuting option is not an employee benefit it is a management option that provides an alternative means to fulfill work requirements. II. SELECTION PROCESS A process for selecting telecommuters must be created, and job-related criteria or factors defined that will be used to evaluate employee requests. This process must ensure that employee requests are given proper consideration and that agency and customer needs are met. Telecommuting is a management tool that provides flexibility in meeting customer and business needs. Management retains the right to approve or deny requests based on established criteria. III. EQUIPMENT, SOFTWARE, AND TELEPHONE SUPPORT A. Equipment support. The SC is responsible for determining the type and availability of computer equipment, software, and telephone support needed for telecommuters. Remote connectivity may not be needed for all telecommuters. B. SC-provided equipment. The SC may provide, at its sole discretion, computer hardware equipment, software, and telephone service deemed necessary to perform assigned work off-site. C. Record of equipment. The SC must maintain a record of SC-owned hardware, software, and other property located in the alternate work location. D. Employee-owned equipment. The SC may authorize telecommuters to use employee-owned computer hardware equipment and software deemed necessary to perform assigned work off-site on a very limited basis. E. Installation and repair. The SC is responsible for installation, testing, maintenance, and repair of the equipment and upgrades of software when telecommuters use equipment owned by the SC. 431-1
F. Repair of employee-owned equipment. The SC may elect to provide maintenance and repair for employee-owned equipment, hardware, and software. G. Business use restrictions. Equipment, hardware, and software furnished by the SC remains the property of the SC and are subject to the same business use restrictions, for example, SC-owned software shall not be duplicated. To ensure hardware and software security for SC-owned equipment, all software used for telecommuting must be approved by the supervisor and director. SC-owned software shall not be installed on employee-owned hardware unless authorized by the supervisor. Employee-owned software shall not be installed on SC-owned hardware. H. Return of equipment. Telecommuters will return SC-owned hardware, software, supplies, documents, and other information or property to the assigned office prior to termination of telecommuting or employment. I. Notice to supervisor. Telecommuters will be responsible for promptly notifying their supervisor of an equipment malfunction or failure of either SC-owned or employee-owned equipment. If the malfunction prevents the telecommuter from performing assigned tasks, the telecommuter must notify the supervisor immediately. The telecommuter may be assigned to perform different tasks, to assist with repair or exchange of equipment, or to proceed to another work location depending on current work assignments. J. Personal use prohibited. Equipment, software, data, supplies and furniture, provided by the SC for use at the alternate work location are for purposes of conducting SC business and may not be used for personal purposes by the employee. K. The SC and employees will be responsible for determining the telephone requirements for telecommuters and for determining the most cost-effective means for meeting those requirements. IV. DATA A. Data Practices Act. Provisions of the Minnesota Government Data Practices Act and program data privacy policies must be followed when performing work at home and/or at an alternate work location. The telecommuter and supervisor should discuss the type and form of data which will be taken to and from the alternate work location and agree on the security and transfer process necessary to meet the needs of their department. B. Security. Telecommuters must provide reasonable security for the data and information that is transported to and from their office site. Simple measures such as removing disks and documents that contain sensitive data from desk areas and placing them in secure storage may prevent a major and, potentially costly, security breach or loss of information. C. Privacy and confidentiality. Telecommuters needing restricted access information while working at alternate work locations will discuss the need with their supervisor 431-2
before taking such information off-site. The telecommuter is responsible for protecting the privacy and confidentiality of data at alternate work locations the same as they would be in the assigned office. D. Data Retention. Data created and maintained on the telecommuter s home computer if generated for the purpose of conducting SC business is subject to the SC s record management statute. This means proper retention and disposal procedures are required and such data remains the property of the SC. V. LOCATION/TRAVEL An employee may work from his/her home or another alternate work site that has been approved by the employer. Travel time shall be compensable in situations such as unexpected directives for the telecommuter to report to the telecommuter s assigned office when the telecommuter began the workday from his/her home. Mileage between the home and the employee s assigned office or tele-work center shall be considered commute mileage and not subject to reimbursement. If the employee is working at an alternate work site (not home and not the assigned office), the mileage from the alternate work site to the assigned office is reimbursable in accordance with the employee s collective bargaining agreement or policy. VI. SCHEDULE The work schedule, including normal work day hours and core hours, and use of vacation and sick leave will be discussed by the supervisor and the employee according to SC policy and the bargaining agreement. Core hours are those hours during which the employee will be available to communicate with the supervisor, co-workers or the public by telephone, e- mail, fax, etc. In addition, the supervisor and the employee will determine the number of days per week/payroll period that the employee will telecommute. Unless other arrangements are made, the employee will be expected to attend all assigned office meetings relating to the performance of the job, including those which would normally be held on a telecommuting day. Travel to and from the assigned office shall not be considered as compensable hours. VII. WEATHER EMERGENCIES A telecommuter who is scheduled to be working at home on a day that is declared to be a weather emergency is expected to work at home as scheduled. VIII. WORKERS COMPENSATION The SC Workers' Compensation law covers an employee while in telecommuting status. Any injury that occurs within the course and scope of employment must be reported to the supervisor immediately using the SC s standard injury reporting process. The employee s designated home work space is considered an extension of the SC s work space only during scheduled telecommuting working hours for purposes of Workers Compensation. IX. LIABILITY 431-3
A. Extension of SC. The telecommuter s designated at-home workspace is considered an extension of the SC during the agreed upon working hours. B. At-home work space. The designated at-home workspace must accommodate any equipment to be used in work performed and the telecommuter must protect the workspace from hazards and dangers that could affect them or the equipment, such as faulty or ungrounded electrical outlets. A SC representative may make visits to the homework site, with advance notice to ensure that the equipment and work area is safe and free from hazards. C. Third party liability. The SC does not assume responsibility for third party injury or property damage that may occur at the home residence, such as injury to a courier driver. If a SC representative is visiting the homework site on SC business and is injured, the injury may be covered by Workers Compensation. Business meetings held at the telecommuter s home work site must be approved in advance by the telecommuter s supervisor. D. Insuring SC-owned equipment. The SC is responsible for insuring SC-owned equipment. The telecommuter has the same responsibility for taking appropriate steps to minimize damage to SC-owned property at the homework site as at the assigned office. E. Insuring employee-owned equipment. The telecommuter is responsible for insuring employee-owned equipment, unless otherwise agreed to in writing before a loss. X. AT-HOME WORKSPACE RESPONSIBILITY The telecommuter is responsible for establishing and maintaining adequate workspace at home. The telecommuter must designate a homework space, subject to the approval of the supervisor. The telecommuter will be responsible for absorbing all costs related to permanent improvements in the home such as remodeling or electrical modifications. The SC may provide ergonomic office furniture as needed at its sole discretion. XI. TELECOMMUTER UNDERSTANDING/EXPECTATIONS Supervisors and telecommuters will jointly complete and sign the Telecommuter Understanding/Expectations Form based on the needs of customers, the SC, the job, and the work group. The Telecommuter Understanding/Expectations Form covers specific conditions relating to working at alternate work sites, such as the designated work space, work schedule, performance expectations, safety inspection, equipment and property responsibilities. Telecommuter understandings and expectations cannot nullify terms and conditions of employment contained in the bargaining agreement. XII. COMMUNICATIONS DURING WORK HOURS Telecommuters and supervisors are expected to develop an effective communications strategy. Telecommuters must be reachable, within reason, during agreed upon hours. Telecommuters must notify the assigned office staff if they leave their telecommuting location during these hours. 431-4
XIII. PERFORMANCE Telecommuters and their supervisors are expected to agree on work results and performance measures related to telecommuting. XIV. DEPENDENT CARE Telecommuting is not a substitute for dependent care. Those work hours agreed to in the Telecommuter Understanding/Expectations Form cannot be used for the care of dependents. Employees who need to arrange care for dependents while they work at the assigned office need to make the same arrangements for days they are telecommuting. An option is to develop telecommuting hours around dependent care duties, i.e., telecommuting in the evening when another person is available to provide care. An employee who has a sick child at home on a scheduled telecommuting day may use sick leave for that portion of the day when caring for the child. XV. SUPPLIES AND EXPENSES. Supplies needed for the remote work location will be obtained through the normal process. Prior approval must be obtained from the supervisor for expenses that will be incurred. XVI. TRAINING. Training and/or orientation are required for telecommuters and their supervisor prior to beginning telecommuting. The purpose of telecommuting training is to prepare employees for telecommuting by providing general knowledge about working offsite, including office safety, and detailed knowledge needed to complete the telecommuting agreement. XVII. TAXES. Federal and state tax implications of telecommuting and use of a home office are the responsibility of the employee. 431-5
Southwest/West Central Service Cooperative Telecommuter Understanding Form 1. Designated Office Location: Employee name: Home phone number: Designated office location (indicate if employee residence or other location): Designated office location address: City State Zip Description of work space at designated office location: 2. Schedule: Specify days and core hours: Telecommuting start date: 3. Equipment: Description of Service Cooperative equipment and software requested: Fixed asset number Serial number New purchase? (Yes or No) If new, cost Information systems the employee will access from designated office location (if any): Non-Service Cooperative equipment, software, and data to be used for telecommuting: 4. Communications: Frequency and type of contact between the employee and their supervisor on telecommuting days will be: 5. Conditions: List specific conditions/expectations/performance measures agreed upon by the employee and their supervisor: (attach sheet if needed) 6. Signatures: My signature below indicates that I have read and accepted the terms and conditions, as well as any related state laws and Service Cooperative policies involving telecommuting. Employee: Date: Director: Date: Approved Denied IT Manager: Date: Operations Manager: Date: 431-6
Telecommuting Terms and Conditions As a Telecommuter, I understand & agree to the following: I agree to perform services for the Service Cooperative as a Telecommuter. I understand that telecommuting is voluntary and may be terminated at any time, by the Service Cooperative or me, with or without cause. I agree that my duties, obligations, responsibilities and conditions of employment with the Service Cooperative remain unchanged. I agree that my work hours, overtime compensations, if any, vacation, sick leave and other terms and conditions of employment will conform with current collective bargaining agreement or personnel policies and meet the terms agreed upon with my supervisor. I agree to restrict use of any Service Cooperative provided equipment, software, data, supplies, and furniture, located in my designated office location, to solely use for purposes of conducting Service Cooperative business and will not be used for personal use. Software supplied by the Service Cooperative shall not be installed on my personally owned equipment. In order to qualify as a home office as defined by the IRS, I agree to use a specific area in my home only for Service Cooperative business on a regular basis The use of my home office is for the convenience of the Service Cooperative and must be a room or separate identifiable space that cannot be use for any personal purpose. The work space will accommodate any equipment to be used in my work and I will exercise due diligence to protect the work space and company-owned equipment from any hazards or risks that may expose the equipment or work space to any harm. In the event of equipment malfunctions, I agree to notify my supervisor immediately. If the malfunction precludes me from working on my telecommuting work assignment, I understand that I can be assigned other work and/or work location pending the repair of my equipment. The Service Cooperative will take action expediently to complete the repairs or provide alternate equipment in working order. With advance notice, I agree that Service Cooperative representatives can make onsite visits to my designated office location to determine that the work area is safe and free from hazards, and to maintain, repair, inspect, or retrieve Service Cooperative owned equipment, software, data, and/or supplies. I agree to be liable for injuries to third persons and/or members of my family at my home work location. I agree that my designated office location is considered an extension of my Service Cooperative work space and therefore I am governed by the provisions of worker s compensation. If I have a job-related accident during my telecommuting hours, I will report it to my supervisor immediately. I agree to comply with all State laws and Service Cooperative policies, including the Service Cooperative Policy on Telecommuting. I understand that failure to comply will result in loss of telecommuting privileges and/or disciplinary measures. 431-7
SW/WC SERVICE COOPERATIVE DESIGNATED OFFICE LOCATION FORM 11.13.12 Instructions: Directors must complete this form on each new employee and if an employee's designated office location changes and send it to the Operations Manager. If the employee's designated office location is their home, the employee must sign Section C. Employee Name: ----------- Daytime Phone :, Director Name: ----------- List of School Assignment(s): Visit Frequency(# of days or% of time): 1. If an employee's home is the designated office location, the following condition must be met: Per IRS definition, in order to qualify as a home office, the employee must use a specific area in their home only for Service Cooperative business on a regular basis. The use of the home office must be for the convenience of the Service Cooperative and must be a room or separate identifiable space that cannot be used for any personal purpose. 2. If an employee's home is not the designated office location, it will be at a Service Cooperative facility or a school district. The determination should be based upon the following: If an employee does not work at a given school district on a regular basis, a Service Cooperative facility is determined to be the designated office location. If an employee works at multiple school buildings on a regular basis, the designated office location is determined to be the location traveled to the most frequently. 3. Identify the designated office location: 0Home D SC Facility D Other (please explain) Location: If the designated office location is a Service Cooperative facility, STOP HERE. If the designated office location is a school, complete Sections A & B. If the designated office location is an employee's home, complete Sections A, B & C. SECTION A To be completed by Director and Employee in consultation with IT Manager and Operations Manager 1) Complete the Telecommuter Understanding Form. 2) Attach to this form.
SECTION B To be completed by Director I have reviewed the information presented and determined that it is for the convenience of the Service Cooperative that the Designated office location for the above-named employee is approved at the above location. RATIONALE: ~--------------------- Director Signature:------------------------ Date: SECTION C To be completed by Employee, Director, and Operations Manager Employee Acknowledgement: I hereby acknowledge that the Service Cooperative has designated my home as my office location and that such designation is at the sole discretion and for the convenience of the Service Cooperative. I understand that the Service Cooperative may change this designation at its choosing. I also understand that the Service Cooperative makes no representations as to the tax status or implications of such a designation for my personal income taxes. I agree to maintain the security of all records, data, equipment, and supplies used in my home in accordance with relevant law and Service Cooperative policies and procedures, and to return all records, data, equipment, and supplies immediately upon the request of the Service Cooperative. Employee Signature:----------------------- Date: Approval of home office: Director Signature:------------------------ Date: Operation Manager Signature:-------------------- Date: 2