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As the U.S. COVID-19 outbreak continues, many employers are increasingly thinking about what steps they might need or want to take to manage the impact in their workplace, including utilizing temporary telework arrangements. Telework in the EU before and after the COVID-19: where we were, where we head to . Many leaders worry that state data is not secure on devices when mobile, but with the right technology this is not true. Copyright 19962020 Holland & Knight LLP. Even if an employee is considered essential, if they can perform their essential functions while teleworking, they should be teleworking. This Temporary Telework Policy Concerning the COVID-19 Pandemic (this Policy) provides an option for certain employees to work remotely and for Supervising Managers to help manage their workforce during the COVID-19 pandemic. With the announcement of school closures for the rest of the school year, some of our employees must be both state employee and teacher during the day. Do not send any privileged or confidential information to the firm through this website. During an agency closure due to COVID-19, when an agency Continuity of Operation Plan (COOP) has not been initiated and the World Health Organization has NOT declared a pandemic, telework program participants will generally be expected to continue working from home. As a part of Elon Universitys continued response to the novel coronavirus (COVID-19) pandemic, Elon University may allow employees to temporarily telework (work remotely or work from home) during the time period between Tuesday, March 17, 2020 and Sunday, April 19, 2020. Moreover, the laws of each jurisdiction are different and are constantly changing. Some families may only have one computer in the home. People in these roles have to be physically present and their work has a direct connection to the health and safety of persons or property. Effective telework strategies will help keep our employees safe while they continue providing important services to the people of Washington. Assigned work may need to shift more to training and professional development rather than normal tasks. Click "accept" below to confirm that you have read and understand this notice. 2020 Governor's proposed supplemental budget, Operating budget & strategic plan instructions, Fiscal impact of ballot measures & proposed legislation, 2019 general election ballot fiscal information, State Administrative & Accounting Manual (SAAM), Comprehensive Annual Financial Report (CAFR), Facilities Portfolio Management Tool (FPMT), Results through Performance Management System (RPM), Emergency telework during COVID-19 pandemic, Onboarding new employees during COVID-19 outbreak, Furlough and layoff information for employers, Workforce diversity, equity and inclusion, Mobile work training and learning opportunities, 2020 federal COVID-19 leave laws and how they apply to state employees, DES e-learning WA-State Mobile Work for Supervisors, Washingtons Coronavirus Response website, Emergency Telework during COVID-19 Pandemic, One Washington - transformation of enterprise systems, Memos sent to agencies and the Legislature. Key points to address in such a policy include: In the event sustained periods of telework are required, employers may also want to have employees sign a telework agreement that includes terms and conditions generally applicable to ongoing work arrangements, such as those relating to tax and insurance obligations. Employers also need to ensure that teleworking employees have access to the necessary equipment and/or remote access approvals. Please note: We will adjust these guidelines as we learn more about the spread and impacts of the virus and adjust business operations. Telecommuting During the Coronavirus Disease 2019 Outbreak Sample Supervisor Expectations Dear Supervisors: Should you grant your team members the opportunity to work from home on a limited basis during the COVID-19 outbreak, you must plan the telecommuting assignment ahead of time to ensure it will be mutually beneficial to both the employee and the University. Ensure you are answering the basics questions who, what, why and when. We need to show our employees support during this challenging time. Whether and how an employer implements such a program, either on a targeted or full-scale basis, is largely dependent on its employees, facilities and needs. To help slow the spread of COVID-19, Gov. The Department of Revenue has issued temporary guidance relating to telework and related tax implications. Factors that support a finding that a position may be suitable for temporary telework include: These factors should be evaluated and applied in a consistent manner to avoid potential claims of disparate treatment. Circumstances can change quickly during such fluid situations, and you are responsible to ensure that your department maintains adequat The COVID-19 viral disease has prompted global panic, mass quarantines and social distancing measures worldwide. Early estimates from . DISCLAIMER: Please note that the situation surrounding COVID-19 is evolving and that the subject matter discussed in these publications may change on a daily basis. Teleworking during COVID-19 Overview Guidance for supervisors, employees and departments designed to help set up temporary remote work arrangements quickly and successfully. Mobile work, telework, and flexible work hours provide state government the ability to be resilient and responsive during emergencies and natural disasters.. A telework policy is designed to spell everything out so that nobodys confused about how to proceed with work while theyre at home. Many are saying they want to continuing working from home when the threat of COVID-19 Be human. Please contact the author or your responsible Holland & Knight lawyer for timely advice. State Departments and Agencies should be exploring all possible options for teleworking for state employees applying this approach liberally including flexible hours. Agencies will waive policy requirements for alternate child care arrangements for teleworking employees. Open and ongoing communication between teleworking employees and their supervisors is key to a successful temporary telework arrangement. remote working) is one way that certain equipped companies can keep their If an employee can telework, they should be teleworking. Agencies should offer scheduling flexibility so parents and guardians can provide necessary care. Recognize the real challenges our employees are facing during this difficult time. work activities are portable and can be performed effectively outside the office, at least on a temporary basis; telework may not be suitable if an employee's job requires regular in-person contact with other employees, clients or the public, or regular access to materials that cannot be removed from the worksite, job tasks are easily quantifiable or primarily project oriented, an employee's participation in a temporary telework arrangement will not adversely affect the performance of other employees, contact with other employees and clients is sufficiently predictable, technology and equipment needed to perform the job remotely are available, safety and security of the employer and/or client property can be assured and is not cost prohibitive, there are no contractual arrangements or client concerns or objections that would preclude teleworking, proactively minimizing the risk of widespread COVID-19 transmission through voluntary workplace self-isolation, empowering employees to make decisions to manage related personal circumstances, anxiety, distraction and as a result, maintain or enhance employee productivity, providing an opportunity to troubleshoot temporary telework arrangements and the impact on employees, managers and clients who aren't accustomed to working remotely before wide-scale telework becomes necessary from a health and safety standpoint, moving or reassigning work stations to minimize close contact between employees, staggering work shifts for employees that do not generally perform time-sensitive work to minimize close contact between employees, implementing a voluntary rotating, limited hours/duty schedule for employees holding the same position, so that all employees have the opportunity for some amount of continuing work hours (and pay) at the worksite, but with very few others at any given time, approval process for temporary telework arrangements, not all positions are suitable for telework, employer's right to modify or discontinue the arrangement immediately upon written notice at the employer's discretion, expectations regarding work output and productivity, employee availability and communication, and work hours, an employee's obligation to keep the employer apprised of disruptions to the telework arrangement, including for illness or family/personal obligations, protocol for evaluating employee in-person participation in pre-scheduled or future work meetings and events, legal compliance issues such as time reporting and approval for non-exempt employees, confidentiality and security requirements and expectations to protect the employer property and business interests of the employer and clients, employer (and client, if applicable) policies and rules remain in effect unless employees are notified otherwise, expectations for maintaining a safe remote workspace, key differences between the temporary policy and ongoing telework arrangements utilized by the employer, if any. In addition, depending on the nature of the work performed, an employer may be able to implement an arrangement where an employee works every other week as an alternative to not permitting the employee to telework at all. Clear and consistent performance management principles should guide managers as they work with mobile employees. All rights reserved. If your office is closed due to the coronavirus disease 2019 (COVID-19) pandemic, you might be working from home for the first time. Under this act, each executive federal agency must designate a telework managing officer (TMO) to implement and oversee agency telework policies. Telework is no longer just an option to offer, it is a necessary mode of work to help us slow the spread of the COVID-19 virus. Teleworkers should strive to be available as we would during normal work hours. Employers should evaluate if it may be beneficial to classify an unpaid leave as a temporary layoff, keeping in mind federal and state laws that impose employer obligations in the event of layoffs or worksite closures. Work that cannot be performed remotely on an ongoing basis could still be suitable for telework on a temporary basis. Before an employee completes a Telecommuting Agreement, the employee and supervisor must complete a Telecommuting Agreement and Assessment for COVID-19. II. Forced remote working arrangements are proving challenging for many peoplethink about all the employees juggling work at home with childcare now that schools are closed. Work hours, compensation, benefits, use of sick time off, and approval for use of annual time off will continue to conform to university policies and procedures. Staying connected with your team is critical. Non-exempt employees are only paid for hours worked, but must be paid for all hours worked, including for any overtime incurred under the FLSA and applicable state law. In light of the COVID-19 outbreak, the Office of Management and Budget issued guidanceto all agencies covered under the 2010 law, encouraging telework flexibility for high-risk popul The outbreak first started in China, but the virus continues to spread internationally and in the United States. Temporary Telecommuting Remote Work Agreement COVID-19 The University of San Francisco encourages departments and divisions to consider ways of implementing social distancing as a method to minimize the spread of the COVID-19 virus (referred Employers anticipating that they will likely implement telework arrangements in the weeks ahead should consider prompt development of a temporary telework policy to give employees and managers time to raise questions before undertaking temporary telework. For useful training opportunities, see the DES e-learning site, the Learning Management System (LMS) and opportunities through LinkedIn Learning. Our resilience as a state depends on how flexible we are in this moment of systemic stress. Relevant issues employers should consider when determining if teleworking is feasible for their workers include impact on clients or other employees, cost-effectiveness, equipment and infrastructure, and ability to ensure legal compliance. For specific examples of essential employees, you can refer to the list of essential businesses on Washingtons Coronavirus Response website. One common misconception is that you need to be connected through VPN to work on Word documents, Excel spreadsheets, PowerPoint presentations or other such items. Eurofound (2020) suggest that close to 40% of those currently working in Obtained during the pandemic poses unique challenges employees have access to the COVID- 19 pandemic location: Conference. 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