315 - Telework

Responsible Office: Human Resources
Responsible Officer: Chief Human Resources Officer
Reference: MMB HR/LR Policy # 1422, M.S. 16E.05, subd.3, Government Information Access

PURPOSE:  The following policy and procedure has been developed to provide direction and guidelines to Minnesota State College Southeast administrators, supervisors and employees in the use of teleworking. Teleworking is a management tool that provides flexibility in meeting customer needs and business goals.

EXCLUSIONS

This policy does not apply to employees who:

• Work at home on a short-term basis or as a temporary or reasonable accommodation.
• Are mobile workers or homeworkers - as condition of employment
• Are working from home under pandemic situations

PART 1. POLICY

CONDITIONS OF TELEWORKING

• Teleworking is at the discretion of the college and may be terminated at any time by MSC Southeast or the teleworker with a minimum 14-day notice.  Advance notification of the termination is required to ensure adequate space is available and employee schedules are maintained.
• Request must be made by completing the MSC Southeast Teleworker request form (download PDF) and provide a 14-day notice for approval or upon mutual agreement and to ensure expectations and schedules are maintained.  
• The teleworker must comply with all state and federal laws and college policies, procedures and processes.  Failure to comply may result in the loss of teleworking privileges and/or disciplinary action.  
• Duties, obligations, responsibilities and conditions of employment with MSC Southeast remain unchanged including salary, retirement benefits, and state-sponsored insurance coverage.
• Managers, supervisors and employees must follow the provisions of collective bargaining agreements and personnel plans when planning and implementing teleworking.
• Teleworking arrangements must comply with State and Federal laws including the Fair Labor Standards Act (FLSA) which regulates the payment of overtime for exempt and non-exempt employees.
• Teleworking is not a substitute for dependent care, child care, or elder care.  
• Teleworking must not result in excessive additional work for staff at the official work location.
• Teleworkers may not receive any advantage or disadvantage for purposes of position upgrade and/or promotion as a result of teleworking.
• Teleworkers and their supervisors will participate in periodic reviews to evaluate the effectiveness of the procedure. 

SELECTION CRITERIA

Supervisors will assess each request on a case-by-case basis.  Factors to consider may include, but are not limited to the following:

• Needs of the work unit
• Employee's work duties
• Adequate supervision of the employee
• Employee's current and past job performance
• Effect on customer service
• Positive/negative effects on the work unit or division
• Availability of equipment and appropriate work space 
• Anticipated additional costs, if any
• Ability to measure the work performed
• Level of work skills, i.e., time management, organizational skills, self-motivation, and ability to work independently
• Additional parameters developed to address unique circumstances

Seniority will not be a factor in approving or denying employee requests to telework

PART 2. PROCEDURES

• The employee will complete a Telework Agreement Form which will be reviewed by the supervisor.
• The supervisor will review the Telework Agreement form and indicate approval or denial of the request, ensuring consistency and equity.
• Approval or denial of the request will be communicated in writing to the employee by the supervisor, with a copy provided to Human Resources.
• The original signed request and a copy of the approval will be placed in the employee's personnel file in Human Resources.  
• Assessment of the agreement will be discussed between employee and supervisor initially at the end of the first three months and annually thereafter for business need or position changes. 

WORK SCHEDULE

The supervisor and the teleworker determine the work schedule.  The work schedule and hours of work shall be consistent with the requirements in the applicable collective bargaining agreement or plan.  Teleworkers are to attend all work-related meetings.  Teleworkers are expected to attend meetings as scheduled using applicable technology.  Meetings may be scheduled with short notice to the teleworker using applicable technology.   With reasonable notice, Teleworker may be required to attend on site campus meetings.  Teleworker must notify the official work location if they leave their alternate work sites during core hours.  Core hours are determined as 9:00 AM - 3:00 PM.

EQUIPMENT

• The supervisor must notify the IT Department of any state equipment used by the teleworker at the alternate work site.  The notification must include the teleworker's name, division or office and the equipment's description, serial number and state asset numbers.
• When employees use system-owned or state-owned equipment, the college is responsible for maintenance and repair of the equipment, along with any related costs.
• Teleworkers who use their personal equipment are responsible for maintenance and repair of the equipment.
• Employees will be responsible for promptly notifying their supervisor of an equipment malfunction or failure of either state-owned or employee-owned equipment.  If the malfunction prevents the teleworker from performing assigned tasks, the teleworker must notify the supervisor immediately and may be assigned to perform a different task and/or be required report to an alternate location or to the official work location.
• Additional equipment may be purchased at the employer's discretion and installed at the teleworker's remote work location.
• Printing costs and supplies are the responsibility of the teleworker.  If large volume printing is required for assigned duties, access to campus printing using Remote Desktop or - at the discretion of the college - a college-owned printer and supplies at the telework location can be provided. 
• Teleworkers must return any state equipment, software, products, documents and data if they terminate their employment with the college, they go on an extended leave of absence or the teleworking arrangement is ended.  

SECURITY

DATA

•  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 teleworker 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 assignment.
• Security.  Teleworkers must provide reasonable security for the data and information that is transported to and from their office site. Simple measures such as removing documents and/or data 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.
• Privacy and Confidentiality.  Teleworkers needing restricted access information while working at alternate work locations will discuss the need with their supervisor before taking such information off-site. The teleworker is responsible for protecting the privacy and confidentiality of data at alternate work locations the same as they would be in the assigned office.
• Data Retention.  Data created and maintained on the teleworker's home computer, if generated for the purpose of conducting state business, is subject to the State's records management statutes.  This means proper retention and disposal procedures are required and such data remains the property of the State.

LIABILITY

• Employees must designate a primary telework location, subject to the approval of the supervisor.
• Prior to the employee beginning to telework, the college may perform an ergonomic and safety evaluation of the employee's remote work station.
• An employee is covered by Minnesota Workers' Compensation laws while in teleworking status.  Any injury that occurs within the course and scope of employment must be reported according to state and federal reporting requirements.  For the purposes of Workers' Compensation, the employee's designated alternate work site is considered an extension of a state work site, only during scheduled teleworking working hours.
• The teleworker's designated alternate work space is considered an extension of the state agency during the agreed upon work hours and the teleworker is subject to the same standards of conduct and work place rules required of non-teleworking employees.
• MSC Southeast does not assume responsibility for third party injuries or property damage that may occur at the home residence or within the designated alternative workspace.  
• In person business meetings may not be held at home work sites.
• The college is not responsible for third-party injury or property damage that occurs at the alternate work site.
• The college is responsible for insuring state equipment. 
• Teleworkers must take steps to minimize damage or theft of state equipment at the alternate work sites
• The college is not liable for any damage or theft of employee-owned equipment.

PERFORMANCE MEASURES AND REPORTABILITY

• The teleworker's performance will be measured by objectives and results and will not differ from what is expected of individuals who report to work at MSC Southeast. Record of poor productivity or other related performance issues may lead to dismissal of the agreement.  

EXPENSES

• Supplies needed for remote workspace should be obtained through the normal supply procurement procedures.
• Prior approval must be obtained from the supervisor for expenses that will be incurred.  Approved expenses will be reimbursed in accordance with existing MSC Southeast policies.
• Teleworkers and supervisors must comply with state policies regarding long distance costs and reimbursements. They must determine the most cost-effective means for meeting telephone requirements.
• Supervisors must designate the teleworker's primary campus work location for travel expense reimbursement purposes. This must be documented in the teleworking agreement.
• Travel expenses between a teleworker's home and the primary work location shall be considered commute mileage and is not subject to reimbursement. If the employee is working at an alternate site (not home and not the primary work location), the mileage from the primary work location to the alternate work site and back may be reimbursable in accordance with the employee's collective bargaining agreement or personnel plan.

WEATHER EMERGENCIES

An employee who is scheduled to telework on a day the college closes due to a weather emergency is not expected to telework as scheduled.

TAXES

Federal and state tax implications of teleworking and use of a home office are the responsibility of the employee.  Those working outside of Minnesota must notify HR to ensure proper payroll taxation.

Date of Implementation:  March 2021
Date of Last Review: November 2022; June 21, 2023
Date of Revision(s):  November 2022; June 21, 2023