Telecommuting Incentives

Technology is changing how employees work and where they work. Telecommuting is an example. Connecticut, Florida, Oregon and Virginia are among the first states to enact legislation to permit public employees to telecommute.

Connecticut

Chapter 67, Sec. 5-248i of Connecticut’s State Personnel Act reads: (a) The Commissioner of Administrative Services may develop and implement guidelines, in cooperation with interested employee organizations, as defined in subsection (d) of section 5-270, authorizing telecommuting and work-at-home programs for state employees where such arrangements are determined to be cost-effective. (b) Any employee of a state agency may be authorized to participate in a telecommuting or workat-home assignment with the approval of his appointing authority and with the approval of the Commissioner of Administrative Services. Approval of such assignment may be granted only where it is determined to be cost effective. Any assignment shall be on a temporary basis only, for a period not to exceed six months and may be extended as necessary. (c) The Commissioner of Administrative Services shall report annually to the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees as to the extent of use by employees as provided pursuant to subsections (a) and (b) of this section.

Florida

Florida Statutes (2000) F.S.A. § 110.171 reads: State employee telecommuting program. (1) As used in this section, the term: (a) “Agency” means any official, officer, commission, board, authority, council, committee, or department of state government. (b) “Department” means the Department of Management Services. (c) “Telecommuting” means a work arrangement whereby selected state employees are allowed to perform the normal duties and responsibilities of their positions, through the use of computers or telecommunications, at home or another place apart from the employees’ usual place of work. (2) The department shall: (a) Establish and coordinate the state employee telecommuting program and administer this section. (b) Appoint a statewide telecommuting coordinator to provide technical assistance to state agencies and to promote telecommuting in state government. (c) Identify state employees who are participating in a telecommuting program and their job classifications through the state personnel payroll information subsystem created under s.110.116. (3) By October 1, 1994, each state agency shall identify and maintain a current listing of the job classifications and positions that the agency considers appropriate for telecommuting. Agencies that adopt a state employee telecommuting program must: (a) Give equal consideration to career service and exempt positions in their selection of employees to participate in the telecommuting program. (b) Provide that an employee’s participation in a telecommuting program will not adversely affect eligibility for advancement or any other employment rights or benefits. (c) Provide that participation by an employee in a telecommuting program is voluntary, and that the employee may elect to cease to participate in a telecommuting program at any time. (d) Adopt provisions to allow for the termination of an employee’s participation in the program if the employee’s continued participation would not be in the best interests of the agency.

(e) Provide that an employee is not currently under a performance improvement plan in order to participate in the program. (f) Ensure that employees participating in the program are subject to the same rules regarding attendance, leave, performance reviews, and separation action as are other employees. (g) Establish the reasonable conditions that the agency plans to impose in order to ensure the appropriate use and maintenance of any equipment or items provided for use at a participating employee’s home or other place apart from the employee’s usual place of work, including the installation and maintenance of any telephone equipment and ongoing communications costs at the telecommuting site which is to be used for official use only. (h) Prohibit state maintenance of an employee’s personal equipment used in telecommuting, including any liability for personal equipment and costs for personal utility expenses associated with telecommuting. (i) Describe the security controls that the agency considers appropriate. (j) Provide that employees are covered by workers’ compensation under chapter 440, when performing official duties at an alternate worksite, such as the home. (k) Prohibit employees engaged in a telecommuting program from conducting face-to-face state business at the homesite. 4. Require a written agreement that specifies the terms and conditions of telecommuting, which includes verification by the employee that the home office provides work space that is free of safety and fire hazards, together with an agreement which holds the state harmless against any and all claims, excluding workers’ compensation claims, resulting from an employee working in the home office, and which must be signed and agreed to by the telecommuter and the supervisor.

Oregon

Oregon 283.550 Telecommuting; state policy; agencies to adopt written policies; biennial report reads:

(1) As used in this section: (a) “State agency” means any state office, department, division, bureau, board and commission, whether in the executive, legislative or judicial branch. (b) “Telecommute” means to work from the employee's home or from an office near the employee's home, rather than from the principal place of employment. (2) It is the policy of the State of Oregon to encourage state agencies to allow employees to telecommute when there are opportunities for improved employee performance, reduced commuting miles or agency savings. (3) Each state agency shall adopt a written policy that: (a) Defines specific criteria and procedures for telecommuting; (b) Is applied consistently throughout the agency; and (c) Requires the agency, in exercising its discretion, to consider an employee request to telecommute in relation to the agency’s operating and customer needs. (4) Each state agency that has an electronic bulletin board, home page or similar means of communication shall post the policy adopted under subsection (3) of this section on the bulletin board, home page or similar site. (5) The Oregon Department of Administrative Services, in consultation with the Office of Energy, shall provide a biennial report to the Joint Committee on Technology, or a similar committee of the Legislative Assembly, containing at least the following: (a) The number of employees telecommuting; (b) The number of trips, miles and hours of travel time saved annually; (c) A summary of efforts made by the state agency to promote and encourage telecommuting; (d) An evaluation of the effectiveness of efforts to encourage employees to telecommute;

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(e) Such other matters as may be requested by the committee.

This SSL draft is based on Virginia Chapter 405 of 2001. The draft requires the state secretary of technology to develop policies, standards, specifications and guidelines for information technology concerning telecommuting by the employees of public bodies. The state department of technology planning is directed to develop a comprehensive statewide plan for telecommuting by public employees, and the department of human resource management is directed to establish an incentive program for telecommuting. The head of each public body, in consultation with the department of technology planning, is directed to develop a telecommuting policy to maximize telecommuting without diminished employee work performance. The state department of technology planning is also directed too: • Advise and assist private sectors in developing employee telecommuting; • Develop incentives for private sectors to utilize employee telecommuting, and • Evaluate the status, effectiveness, and utilization of employee telecommuting, in both public and private sectors, and report its findings to the secretary of technology, who in turn is directed to annually report such findings to the Legislature.

Submitted as: Virginia Chapter 405 of 2001 Status: enacted into law in 2001.

Suggested Legislation

(Title, enacting clause, etc.)

Section 1. [Short Title.] This Act may be cited as “An Act to Establish Telecommuting Policies for State and Local Governments.”

Section 2. [Telecommuting Policy.] A. The [secretary], in cooperation with the [secretary of technology] and in consultation with the [council on technology services], shall establish a comprehensive statewide telecommuting policy under which eligible employees of state agencies, as determined by state agencies, may telecommute, and the [secretary] shall periodically update such policy as necessary. B. The telecommuting policy described in subsection A shall include, but not be limited to, model guidelines, rules and procedures for telecommuting. Such policy may also include an incentive program, to be established and administered by the [department of human resources management] that may encourage state employees to telecommute and that may encourage the state agencies’ management personnel to promote telecommuting.

Section 3. [Agency Reporting Requirements.] In accordance with the statewide telecommuting policy, to be developed by the [secretary of administration] pursuant to Section 2, the head of each state agency shall establish a telecommuting policy under which eligible employees of such agency may telecommute to the maximum extent possible without diminished employee performance or service delivery. The policy shall identify types of employees eligible for telecommuting and any benefits of telecommuting and shall be updated periodically as necessary. The head of each state agency shall annually report to the [secretary of administration] or their designee on the status and efficiency of telecommuting.

24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Section 4. [Advice and Assistance to Public and Private Sectors Regarding Telecommuting.] A. The [secretary] shall advise and assist state agencies, and upon request of the localities, the [secretary] may advise and assist localities in planning, developing and administering programs, projects, plans, policies and other activities to promote telecommuting by employees of state agencies or localities. B. The [secretary], upon request, may advise and assist private sector employers in the state in planning, developing and administering programs, projects, plans, policies and other activities for telecommuting by private sector employees and in developing incentives provided by the private sector to encourage private sector employers in the state to utilize employee telecommuting. C. The [secretary] shall report annually to the [Legislature] on the status and efficiency of telecommuting in the state.

Section 5. [Telecommuting by Local Government Employees.] Each local government is authorized and encouraged to establish and implement a telecommuting policy under which eligible employees of such local government may telecommute to the maximum extent possible without diminished employee performance or service delivery.

Section 6. [Severability.] [Insert severability clause.]

Section 7. [Repealer.] [Insert repealer clause.]

Section 8. [Effective Date.] [Insert effective date.]