I. Purpose
A. This Telework Procedure (“Procedure”) is adopted to implement Flexible Work Policy (“Policy”) as it pertains to Telework.
B. This Procedure establishes eligibility, the process for seeking approval, and the conditions that must be met by employees who seek to Telework.
II. Scope and Applicability
A. This Procedure applies to professional and support staff; administrative staff; and contractual employees.
B. This Procedure only applies to a temporary employee if the temporary employee’s job description specifically states that the position is eligible for Telework.
C. Faculty
1. It is an accepted practice for full-time and part-time faculty members to carry out their work at alternate locations, in accordance with the teaching schedule determined by the faculty member’s Supervisor.
2. Faculty members are not required to enter into a formal Telework Application and Agreement, as set forth below; however, faculty members are subject to the requirement to work in an Approved State, comply with the Information Security Telework Guidelines, and must comply with the provisions of this Procedure if explicitly stated that the provision applies to faculty.
3. Faculty members may be subject to Mandated Telework as set forth below.
D. This Procedure does not apply to a request to Telework as a reasonable accommodation under the ADA. Such requests should be submitted to the Office of Human Resources, using forms available upon request.
III. Definitions
A. All capitalized terms in this Procedure have the meanings provided in the Policy.
B. All other capitalized terms in this Procedure have the following meanings:
1. ADA is the Americans with Disabilities Act and related regulations.
2. Business Day is any day which is not a Saturday or Sunday or day that the College is closed, such as holidays, spring break, winter break, or other day that the College announces that it is closed.
3. Designated Workspace(s) is an allocation of space within the Telework Location that is for the exclusive use of the employee while Teleworking during scheduled work hours.
4. EDHR is the Executive Director of Human Resources.
5. FLSA is the Fair Labor Standards Act and related regulations.
6. FMLA is the Family Medical Leave Act and related regulations.
7. IIT is the division of Information and Instructional Technology.
8. Next Level Supervisor is the College employee to whom the Second Level Supervisor reports. If the Second Level Supervisor is a Vice President, the President is the Next Level Supervisor. If the Second Level Supervisor is the President, there is no Next Line Supervisor and the process ends with the President.
9. PIP is a performance improvement plan.
10. Safety Certification is an attestation by the employee that the Telework Location meets the health and safety requirements of the College that is part of the Telework Application and Agreement.
11. Telework Eligibility Checklist is part of the Telework Application and Agreement that sets forth the criteria that an employee and employee’s position must meet to be eligible to Telework.
12. VP is the Vice President who oversees the Eligible Employee’s position.
IV. Eligibility to Telework
A. An employee must obtain approval to Telework pursuant to this Procedure.
B. No College employee is entitled to or guaranteed the opportunity to participate in Telework.
C. Unless otherwise noted in the job description as a condition of employment, participation in Telework is at the discretion of the College and may vary among and within departments depending on the needs of that particular area and the duties of the positions.
D. Essential job duties will not be altered or shifted to another employee in order for an employee to Telework.
E. Levels of service provided to students, employees, the department, the College, or the public will not be compromised due to Telework.
F. Certain positions, including but not limited to, those responsible for providing in-person services; requiring on-site presence; having daily in-person contact with the Supervisor, students, employees, or the general public; or relying on resources best accessed at a College Location may not be suitable for Telework.
1. Employees who are currently on a PIP, have been placed on a PIP within ninety (90) days of submitting a Telework Application and Agreement, or have received disciplinary action of a written warning or higher within one (1) year of submitting a Telework Application and Agreement may not be eligible for Telework.
2. Employees with documented absenteeism, tardiness, or leave without pay issues may not be eligible for Telework.
G. Telework Locations
1. Employees may only Telework in the following Approved States: Maryland, Delaware, Pennsylvania, Virginia, West Virginia, or the District of Columbia.
a. An employee, including faculty members, may not Telework from outside of the United States under any circumstances and may not transport any College-owned technology or equipment outside of the United States.
b. An employee, including faculty members, must be physically present within an Approved State when Teleworking and may not perform any work on behalf of the College from outside of an Approved State, unless an exception is granted.
c. The College will only approve Regular Telework at a Telework Location within an Approved State.
2. If an Eligible Employee intends to change their Telework Location for Regular Telework, the Eligible Employee must notify the Supervisor in writing prior to changing the Telework Location and follow the procedures below regarding modification of a Telework Application and Agreement, which must be approved by the first day the Eligible Employee works from the new Telework Location.
3. Eligible Employees, including faculty, must keep their home address on file with HR up-to-date.
4. Exceptions
a. Approval to Telework from outside of an Approved State may be appropriate in certain circumstances, including but not limited to, attending a work-related conference or professional development; conducting research on behalf of the College or pursuant to a grant; or performing a temporary work-assignment.
b. An Eligible Employee approved to Telework may work outside of an Approved State, but not outside of the United States, for up to two (2) consecutive weeks with the Supervisor’s written approval.
c. An Eligible Employee must submit a written request for an exception to permit the Eligible Employee work outside of an Approved State for more than two (2) consecutive weeks to the Supervisor and the Second Level Supervisor.
i. The Second Level Supervisor will submit the Eligible Employee’s request to the EDHR or designee with a recommendation from the Second Level Supervisor.
ii. If deemed in the best interest of the College, such as an employee has critical skill-based needs that are not available within an Approved State, the EDHR or designee, after consultation with the supervising Vice President, may grant an exception in writing to permit an Eligible Employee to Telework outside of an Approved State on a temporary basis and will state the amount of time the Eligible Employee may Telework outside of an Approved State.
iii. The EDHR or designee will place the written decision to grant or deny a request for an exception in the employee’s personnel record and send a copy of the decision to the employee, the Supervisor, and the Second Level Supervisor.
V. Regular Telework
A. An employee who wishes to participate in Regular Telework will meet with the Supervisor to discuss whether the employee meets the criteria in the Telework Eligibility Checklist, whether the employee’s proposed Designated Workspace meets the criteria in the Safety Certification, the employee’s desired Telework schedule, and the address of the Telework Location.
1. If the Supervisor and Second Level Supervisor determine that the employee is an Eligible Employee, the Supervisor will complete the Telework Application and Agreement, which will include a Safety Certification completed and signed by the employee and Telework Eligibility Checklist completed and signed by the Supervisor.
2. The Employee, the Supervisor, and the Second Level Supervisor must sign the Telework Application and Agreement.
a. If the Telework Application and Agreement would permit the Employee to Telework five (5) days per week and the Second Level Supervisor is not a VP, the Second Level Supervisor will submit the Telework Application and Agreement to the VP for consideration.
i. The VP will consider whether permitting the Employee to Telework five (5) days per week is appropriate to the Employee’s position and whether there would be a negative impact on the Employee’s department or the College.
ii. If the VP approves the proposed Telework schedule, the VP will sign the Telework Application and Agreement and submit it to HR with a copy to the Second Level Supervisor.
iii. If the VP does not approve the proposed Telework schedule, the VP will inform the Second Level Supervisor, who will work with the Employee and the Supervisor to modify the Telework Application and Agreement to reduce the number of days of Telework before submitting it to HR.
b. If the Second Level Supervisor is a VP, the VP will consider these factors prior to signing the Telework Application and Agreement.
3. The Second Level Supervisor must submit the completed Telework Application and Agreement to HR at telework@dos5.net to review for compliance with this Procedure and to place it in the Employee’s personnel record.
B. All Telework Application and Agreements are granted on a revocable basis and may be modified, suspended, or terminated as set forth below.
C. A Supervisor may require an Eligible Employee to report to a College Location more frequently during the Eligible Employee’s introductory period in order to ensure adequate orientation, training, and skill-building.
D. Requests for initial Telework Application and Agreements must be submitted by the deadline provided by HR.
VI. Situational Telework
A. An employee who seeks to Telework for a limited period of time due to specific circumstances may request approval for Situational Telework from the Supervisor in writing.
B. Situational Telework may not be used in lieu of taking sick leave or leave under FMLA or other applicable law when the employee is unable to perform their job duties due to illness of themselves or a qualifying family member.
C. Approval for a specific request for Situational Telework does not constitute an ongoing approval that extends beyond the approved time period.
D. While the Supervisor may, in the Supervisor’s sole discretion, approve more than one (1) request for Situational Telework for an employee, if an employee seeks to Telework on a regular or frequent basis, the employee must request Regular Telework.
E. Situational Telework is within the discretion of the Supervisor and cannot be appealed or grieved.
VII. Mandated Telework
A. A College Officer or the Supervisor may mandate that an employee (including faculty), a group of employees, or all employees Telework for a period of time verbally or in writing.
B. Mandated Telework that will last more than one (1) day must be confirmed in writing by the College Officer or the Supervisor.
C. If known, the College Officer or the Supervisor will provide the period of time for which Mandated Telework will apply in writing.
D. If unknown, the College Officer or the Supervisor may state that the employee is subject to Mandatory Telework until further notice and the College Officer or the Supervisor will provide at least one (1) week’s written notice when the employee will be required to return to the College Location for work, unless there is good cause for providing less notice.
E. Essential employees may be required to report to a College Location, even if other employees are subject to Mandated Telework.
F. Mandated Telework cannot be appealed or grieved.
VIII. Expectations for Telework
A. Applicable Law, Policies, and Procedures
1. An employee, including faculty, must comply with the College’s policies, procedures, manuals, rules, practices, and instructions as well as federal, state, and local laws while Teleworking.
2. An employee, including a teaching faculty member, must comply with the Information Security Telework Guidelines.
3. In compliance with FLSA, non-exempt employees must comply with the College’s requirements for reporting time off and Overtime and compensatory time processes during Telework in the manner designated by HR and must obtain prior written approval from the Supervisor to work beyond the scheduled work hours per day and/or per workweek in order to earn Overtime or compensatory time.
4. Meal breaks and scheduled breaks are not eliminated when an Eligible Employee is approved to Telework; however, the Supervisor may require notice before the Eligible Employee takes breaks.
5. Leave
a. The Eligible Employee must submit requests for annual leave, sick leave, and other forms of leave to the Supervisor in advance in accordance with the College’s policies, procedures, and practices.
b. If an Eligible Employee is ill or injured and unable to perform the job duties during scheduled work hours, the Eligible Employee will notify the Supervisor and report hours worked and use of sick leave for hours not worked.
c. The Eligible Employee must submit requests for leave under FMLA to HR in accordance with the College’s policies, procedures, and practices.
d. Unless approved by HR for intermittent leave or a reduced work schedule under FMLA, an employee who is taking leave under FMLA may not perform Telework until the employee is released by the treating health care provider or in the case of caring for an ill family member, until the approved leave time has been met and is no longer needed.
e. Subject to release by a treating health care provider and approval by the Supervisor and HR, Telework may be used an as opportunity for partial or full return to work, if appropriate, in cases of short-term disability, workers’ compensation, leave under FMLA, or illness, but Telework is not intended to be used in place of leave taken for these reasons or the process for approval of an accommodation under the ADA.
f. Employees who have child care, elder care, and/or other caregiving obligations that would prevent them from focusing their full time and attention on work during agreed-upon Telework hours must follow all leave policies, as needed.
B. Health and Safety
1. An employee must designate a specific workspace within the Telework Location as the Designated Workspace that will be used to perform the Eligible Employee’s job duties while Teleworking.
2. An employee, including a teaching faculty member, is expected to maintain a safe, suitable, and secure Designated Workspace at the Telework Location that is free from distraction; ensure the Telework Location meets applicable laws regarding workplace health and safety, including but not limited to, OSHA; and practice the same safety habits in the Designated Workspace as at a College Location.
3. The College reserves the right to inspect the Designated Workspace in the Telework Location upon notice of at least one (1) Business Day, at a mutually-agreed upon time.
4. In person work-related meetings are not permitted to be held at the Telework Location.
5. Workers’ Compensation
a. An employee who is absent from work or incurs medical expenses as a result of a compensable work-related accident, injury, or illness may be covered under the College’s workers’ compensation insurance policies.
b. An employee is expected to follow established safety policies and procedures in performing job tasks while Teleworking.
c. Depending on the facts and circumstances, work-related accidents, injuries, or illnesses sustained by an employee, including a teaching faculty member, at a Telework Location while performing job duties during scheduled work hours within the Designated Workspace may be eligible to apply for workers’ compensation benefits.
i. Workers’ compensation liability is limited to the Designated Workspace during scheduled work hours.
ii. The College is not liable for injuries sustained by visitors to the Telework Location.
d. An employee, including a teaching faculty member, is responsible for notifying the Supervisor and the Risk Management Office in writing within twenty-four (24) hours of an accident or injury that occurs at the Telework Location while performing job duties, unless it is an emergency or the employee is incapacitated, in which case family member may notify HR or the Supervisor as soon as practicable. Forms to report a work-related accident, injury, or illness are available from the Risk Management Office.
e. The College reserves the right to inspect the Designated Workspace at the Telework Location after notification of an injury suffered by the employee.
C. Schedule and Availability
1. An Eligible Employee and the Supervisor must agree to regularly scheduled work hours in the Telework Application and Agreement.
2. While Teleworking, employees must be actively working towards and be fully focused on job duties, business goals, and work-related tasks and obligations during the employee’s regularly scheduled work hours.
3. The Eligible Employee must comply with the regularly scheduled work hours, work expectations, expected response time, deadlines for work, and the appropriate manner and frequency of communication set forth in the Telework Application and Agreement and as directed by the Supervisor.
a. The level of communication should be consistent with employees working at a College Location and in a manner and frequency that is appropriate for the job.
b. The Eligible Employee must be easily accessible throughout regularly scheduled work hours by telephone, email, and other electronic means and respond to phone calls, emails, and other inquiries in a prompt and timely manner.
c. If an Eligible Employee is unavailable during work hours, including but not limited to, if the Internet is unavailable, the Eligible Employee must notify the Supervisor as soon as reasonably practicable.
4. Employees are expected to make arrangements for child care, elder care, or other caregiving obligations so as not to adversely impact workflow or productivity while Teleworking.
5. Emergency or Unscheduled College Closure
a. If an employee, including a teaching faculty member, is scheduled to Telework during a College closure and has access to the College’s systems and safely can work remotely during an emergency or unscheduled College closure, the employee is expected to continue working during a College closure, unless it is not possible due to power outages or other conditions that prevent the employee from working.
b. If an employee, including a faculty member, has access to the College’s systems and safely can work remotely during a College closure, the Supervisor may require Mandated Telework in accordance with this Procedure if the Eligible Employee’s regularly scheduled hours occur during a College closure.
c. Employees who perform work during regularly scheduled work hours remotely during a College closure will not receive Overtime or compensatory time off. Employees would receive their regular pay for the work performed during the College closure.
6. Requirement to Report In-Person
a. To the extent possible, the Supervisor will permit an Eligible Employee to attend work-related meetings and events remotely; however, if directed by the Supervisor, an Eligible Employee is required to attend work-related meetings or events, including but not limited to, commencement, convocation, or orientation, that may include mandatory in-person participation at a College Location or other designated location, as applicable, even on a day(s) that conflicts with the Telework schedule.
b. When possible, an Eligible Employee will be given a minimum of twenty-four (24) hours advance notice of the requirement to be physically present at a College Location or other designated location.
c. If an Eligible Employee is required to be present at a College Location on a day(s) that conflicts with the Telework schedule, the Eligible Employee may request that the Supervisor permit the Eligible Employee to switch the day(s) that the Eligible Employee Teleworks during the same workweek or pay period.
D. Office Space, Supplies, and Equipment
1. The Eligible Employee may be required to use shared space or temporary office space or workstation at a College Location.
2. The Eligible Employee will be responsible for providing the following at the Telework Location, at the Eligible Employee’s own expense:
a. Office furniture;
b. High-speed broadband Internet; telephone and data lines; and modems;
c. Any remodeling, lighting, repairs, or modifications to the Telework Location; and
d. Utilities, insurance, or maintenance for the Telework Location.
3. The Eligible Employee will be responsible for any loss, damage, repairs, or wear to employee-owned equipment, supplies, or furniture, and the College will not be liable for theft or damage to the Eligible Employee’s real or personal property while Teleworking.
4. The College reserves the right to make determinations as to appropriate equipment to be used in performing job duties, subject to change at any time by the Supervisor.
5. The College will not reimburse Eligible Employees for consumable office supplies ordinarily available at a College Location, such as paper, pens, pencils, paper clips, notepads, folders, printer ink, etc.
6. Business-related expenses may be reimbursed on an exception basis upon request to the Associate Vice President for Learning Resources Management or designee.
7. College-Owned Equipment
a. The College will not purchase equipment solely for the purposes of permitting an employee to participate in Telework, unless required as a condition of employment, as the result of an accommodation approved by HR, or during period of Mandated Telework, subject to budget limitations.
b. For Regular Telework or Mandated Telework, the Supervisor will consult with IIT regarding any College-owned equipment that may be provided to the Eligible Employee, such as hardware or software, for use at the Telework Location on a case-by-case basis and subject to funding availability.
i. The College will supply a computer and necessary accessories, such as monitors, keyboards, mouse, docking stations, or headsets, as appropriate to the Eligible Employee’s position and approved by the Supervisor and IIT.
ii. If approved by IIT, IIT will maintain a list of any College-owned equipment provided to the Eligible Employee.
iii. The Eligible Employee will take appropriate action to protect College-owned equipment from damage, theft, or unauthorized use.
c. All College-owned equipment will remain the property of the College, will be maintained by the College, and may be used for solely for College work-related purposes, in accordance with all applicable AACC policies and procedures and the Information Security Telework Guidelines.
d. The Eligible Employee is responsible for the following:
i. Reimbursing the College for any intentional damage or damage resulting from gross negligence to College-owned equipment by the Eligible Employee or any guest, visitor, or member of the Eligible Employee’s household;
ii. Reporting if College-owned equipment fails; malfunctions; or is infected with malware, spyware, or a virus to the Supervisor and the Technical Service Desk at helpdesk@dos5.net or (410) 777-4357 and returning it for repair or replacement, if directed, and notifying the Supervisor if the Eligible Employee is unable to perform job duties due to equipment issues;
iii. Reporting if any College-owned equipment is lost, stolen, or damaged to the Supervisor and the Technical Service Desk at helpdesk@dos5.net or (410) 777-4357;
iv. Paying for the costs of any College-owned equipment that is not returned as set forth below.
e. While equipment is being repaired or replaced, the Supervisor may request that College-owned equipment be loaned to the Eligible Employee; may assign the Eligible Employee other work until the issue is resolved; may require the Eligible Employee to report to a College Location until the issue is resolved; may require the Eligible Employee to use leave while the Eligible Employee is unable to perform job duties; or may temporarily suspend or terminate the Telework Application and Agreement.
f. The Eligible Employee must return the College-owned equipment to the Supervisor prior to or on the day of separation from the College or termination of the Telework Application and Agreement, unless the College agrees in writing that the Eligible Employee may keep the College-owned equipment.
g. The College may withhold payment for College-owned equipment that is not returned as set forth above from the Eligible Employee’s final paycheck or may invoice the Eligible Employee for such payment.
E. Confidentiality and Security
1. An Eligible Employee must protect the confidentiality and security of College data, information, documents, records, equipment, supplies, or other College property in their possession while Teleworking in accordance with the Information Security Telework Guidelines.
2. When accessing the College’s computer network, the Eligible Employee must abide by the College’s security standards regarding remote access in accordance with the Information Security Telework Guidelines.
F. Job Performance
1. Work performed at a Telework Location is considered official College business.
2. The Eligible Employee will maintain similar levels of productivity, services, and performance and complete all assigned work consistent with other employees in the department as if the Eligible Employee were working at a College Location.
3. The Supervisor will monitor deadlines and work produced and will evaluate job performance while Teleworking in the same manner that work performed at a College Location would be evaluated.
G. An Eligible Employee is responsible for the tax consequences associated with working at the Telework Location and should consult with a tax advisor with respect to the tax consequences.
H. This Procedure does not provide for every contingency that may arise.
1. Supervisors and Eligible Employees should work together to resolve any unforeseen situations that may arise.
2. Supervisors are encouraged to discuss any concerns with HR.
3. Supervisors should assess the Telework arrangement with Eligible Employees on a regular basis and provide guidance about maintaining these expectations.
IX. Modification of a Telework Application and Agreement
A. If there is a change in supervision, employment status, departmental needs, or job duties, the Eligible Employee or Supervisor may be required to submit a new or modified Telework Application and Agreement.
B. By the Eligible Employee
1. The Eligible Employee may request to modify the Telework Application and Agreement, at any time, including but not limited to, changing the Telework Location, by submitting a signed modified Telework Application and Agreement to the Supervisor for approval.
2. If the Supervisor agrees to the modifications, the Supervisor will sign the modified Telework Application and Agreement and submit the modified Telework Application and Agreement to HR at telework@dos5.net to review for compliance with this Procedure and to place it in the Eligible Employee’s personnel record.
C. By the Supervisor
1. If the Supervisor wishes to modify the Telework Application and Agreement, the Supervisor must sign and submit a modified Telework Application and Agreement to the Eligible Employee for consideration.
2. If the Eligible Employee agrees to the modifications, the Eligible Employee will sign and submit the modified Telework Application and Agreement to HR at telework@dos5.net to review for compliance with this Procedure and to place it in the Eligible Employee’s personnel record.
3. If the Eligible Employee does not agree to modifications proposed by the Supervisor, the Supervisor must submit the modified Telework Application and Agreement to Second Level Supervisor along with the reasons for the requested modifications and the Eligible Employee’s objections.
a. If the Second Level Supervisor determines the reasons for the requested modification(s) are sufficient, despite the Eligible Employee’s objections, the Second Level Supervisor will notify the Eligible Employee in writing that the Eligible Employee must sign the modified Telework Application and Agreement and submit it to HR within five (5) Business Days or the Second Level Supervisor must submit a request to HR to terminate the Telework Application and Agreement.
b. If the Second Level Supervisor determines that the reasons for the requested modifications are not sufficient, the Second Level Supervisor must notify the Eligible Employee and the Supervisor in writing, and the current Telework Application and Agreement will remain in place.
X. Suspension or Termination of a Telework Application and Agreement
A. By the Eligible Employee
1. Except for Telework Application and Agreements that are a condition of employment, an Eligible Employee may terminate a Telework Application and Agreement at any time by providing ten (10) Business Days’ written notice to the Supervisor.
2. Upon receipt, the Supervisor will submit the notice to HR to place in the Eligible Employee’s personnel record.
3. Except for Telework Application and Agreements that are a condition of employment, an Eligible Employee may temporarily suspend a Telework Application and Agreement at any time by providing written notice to the Supervisor prior to the date the Eligible Employee seeks to suspend the Telework Application and Agreement.
B. By the Supervisor
1. At any time, upon consultation with the Second Level Supervisor, the Supervisor may submit a request to suspend or terminate the Telework Application and Agreement in writing to HR along with the reasons for the requested suspension or termination, which may include, but are not limited to, the following:
a. An adverse impact on office or department coverage or staffing;
b. Changes in work demands or operational needs that requires the employee to temporarily or permanently stop Teleworking;
c. The employee has shown a pattern of not being available or accessible on the days and times the employee Teleworks;
d. The employee’s performance is not meeting expectations as documented in the most recent Coaching Conversation or other form of written communication to the employee;
e. The employee is placed on a PIP and/or issued disciplinary action of a written warning or higher;
f. The employee fails to comply with applicable law or the College’s policies, procedures, rules, manuals, or handbooks;
g. The employee fails to comply with the Information Security Telework Guidelines;
h. The employee fails to report to work at a College Location, as directed by the Supervisor; and/or
i. The employee works outside of an Approved State without permission by the Supervisor or HR, as applicable.
2. If HR determines the reasons for the requested suspension or termination are sufficient, HR must notify the Eligible Employee, the Supervisor, and the Second Level Supervisor in writing that the Eligible Employee’s Telework Application and Agreement will be suspended or terminated in no less than five (5) Business Days, which will include a notice of the Eligible Employee’s right to appeal.
a. If HR determines that it is in the College’s best interests to suspend or terminate the Eligible Employee’s Telework Application and Agreement in less than five (5) Business Days, HR must notify the Eligible Employee of the date the Telework Application and Agreement must be suspended or termination and will provide the reasons for providing less notice.
b. HR must place the notice of suspension or termination of the Telework Application and Agreement in the Eligible Employee’s personnel record.
3. If HR determines that the reasons for the requested suspension or termination are not sufficient, HR must notify the Eligible Employee, the Supervisor, and the Second Level Supervisor in writing and place the notice in the Eligible Employee’s personnel record, and the current Telework Application and Agreement will remain in place.
XI. Appeals
A. A decision to require Mandated Telework, not to allow Situational Telework, or not to approve Telework outside of an Approved State cannot be appealed or grieved.
B. Except for the decisions set forth above, if an employee disagrees with any decision that is made by the Supervisor, Second Level Supervisor and/or HR under this Procedure, the employee may submit a written appeal to the Next Level Supervisor, setting forth the reasons the employee believes the decision should be modified or reversed.
C. The Next Level Supervisor must send a copy of the written appeal to the Supervisor, Second Level Supervisor, and/or the representative of HR who made the decision that is under review.
D. Within ten (10) Business Days, the Next Level Supervisor must schedule a conference in person, via telephone, or through electronic means with the employee and the Supervisor, Second Level Supervisor, and/or the representative of HR who made the decision that is under review.
E. At the conference, the Next Level Supervisor will provide the employee, the Supervisor, the Second Level Supervisor, and/or the representative of HR each with an opportunity to present the reasons for or against the decision.
F. The standard of review is whether the decision at issue was arbitrary, capricious, and/or did not follow this Procedure or the Policy.
G. Within five (5) Business Days of the conference, the Next Level Supervisor must determine whether to uphold, reverse, or modify the decision and briefly state the reasons in writing and send a copy of the determination to the employee, the Supervisor, Second Level Supervisor, and HR.
H. HR must place a copy of the determination in the employee’s personnel record.
XII. The Telework Application and Agreement and any other forms or guidelines required to be completed under this Procedure must be approved by the Vice President of Learning Resources Management.
Procedure Title: Telework Procedure
Policy Category: Human Resources
Policy Owner: Vice President of Learning Resources Management
Policy Administrator: Executive Director of Human Resources
Contact Information: Suzanne Boyer; 410-777-2425; humanresources@dos5.net
Approval Date: April 24, 2023
Effective Date: July 1, 2023
History: The Flexible Work Policy and this Procedure replace and supersede the Telecommuting Policy adopted in February, 2006 and revised in March, 2014.
Applies to: Professional and support staff; administrative staff; library faculty; contractual employees; and temporary employees (if the temporary employee’s job description specifically states that the position is eligible for an Telework); Certain portions of this Procedure apply to teaching faculty members, as set forth above.
Related Policies: Flexible Work Policy
Related Procedures: Alternative Work Schedule Procedure
Forms/Guidelines:
Relevant Laws: Md. Code, St. Pers. & Pens., § 2-308
Occupational Safety and Health Act, 29 U.S.C. § 651 et. seq.
Fair Labor and Standards Act, 29 U.S.C. § 201, et seq.
Family Medical Leave Act, 29 U.S.C. § 2601, et. seq.
Americans with Disabilities Act, 42 U.S.C. §12101, et. seq.
COMAR 09.12.20.01 et. seq.
Md. Code, Labor & Empl., § 9-101 et seq.
COMAR 14.09.01.01 et seq.