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HomeMy WebLinkAboutResolution 2023 (24) Resolution No. 24 (2023) RESOLUTION AMENDING PERSONNEL HANDBOOK - TRAVEL TIME POLICY AND REMOTE WORK POLICY COVER MEMO TO: County Board of Supervisors FROM: Ken Witt, County Administrator DATE: August 1, 2023 AGENDA ITEM: Resolution Amending Personnel Handbook - Travel Time Policy and Remote Work Policy ______________________________________________________________________________ BACKGROUND INFORMATION Travel Time Policy Proposed Changes Defined Policy St. Croix County employees often travel to different locations throughout the county and sometimes even outside of the county as part of their job duties or to attend a conference or other work-related event. Depending on the circumstances, travel time may be counted as working time. Added Definitions: Assigned Headquarters: The original job site or location that an employee is assigned to for the workday. An employee’s assigned headquarters may change on a daily basis as determined by business needs. Approved Travel Location: Work site or location that is not the employees assigned headquarters but that the employee is required to travel to for a business-related reason. Fair Labor Standards Act (FLSA): Establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. The following definitions explain what is considered work time under the FLSA: o Work hours: All time during which an employee is required to be on the employer’s premises, at a prescribed workplace, or is actively engaged in work. o Waiting Time (Engaged to Wait): Waiting time is considered work time if the employee is engaged by work to have a period of inactivity or wait time, as long as the wait time is common practice and within reason. For example, arriving to the airport two hours before a domestic flight is a common and reasonable practice and the wait time would be considered work time. Allowing extra commute time to a conference and arriving twenty minutes early is a common and reasonable practice and the period of inactivity between arriving for the conference and the start of the conference would be considered work time. Any time in addition to that which is considered common practice and reasonable or in which personal tasks are being completed would be considered personal time. An example of being engaged to wait is a fireman who plays checkers while waiting for an alarm, or an employee reading a book at the airport waiting for their flight to a work-related event. o On-Call Time: On-call time is considered work time only if the employee is required to remain on the employer’s premise while on-call. The commute to the employer’s premise or job site when “called-in” is not considered work time unless the employee is actively engaged in work during the commute, such as on a phone call or performing other work activities. Updated Working Time Section: Home to Work and Work to Home Travel Travel time from an employee’s home to their assigned headquarters, or from their assigned headquarters to their home, will not be paid; this includes, but is not limited to, travel to and from an employee’s assigned headquarters for training or meetings, picking up extra shifts, being called-in to work, or working regularly scheduled shifts. Travel Time to Approved Travel Locations Travel time for non-exempt (hourly) employees shall count as worktime if travel is required to an approved travel location that is not the employee’s assigned headquarters. Travel time will be paid for the lesser of the commute time from the employee’s home to the approved travel location or the commute time between the employee’s assigned headquarters to the approved travel location. Travel Between Approved Travel Locations Time spent traveling between two approved travel locations will count as approved working time. For example, traveling from one worksite to another during a typical workday. Travel time must equate reasonably with distance by taking the most direct route. Travel Outside of the County and Waiting Time Time spent traveling substantial distances, typically outside of the county, to attend County related business will be counted as time worked. For example, time spent traveling to an airport, waiting in an airport, time spent on a plane and traveling from the airport to the approved travel location would all count as time worked. In the event of extended wait times during travel, the wait time will be considered work time as long as the employee is engaged to wait. In extraordinary circumstances, the wait time may be considered personal time, if the employee is no longer actively engaged in work. These situations will be considered on a case-by-case basis. Travel for Additional Work Activities Travel time to and from additional work activities outside of an employee’s normal working hours would be considered work time if the employee has already traveled to their assigned work location or approved travel location for the day. For example, an employee travels to their assigned headquarters and works their normal shift, then travels home and has personal time, the employee then returns to work by traveling to an approved travel location to lead a community event as part of their approved job duties. The employee would count their travel to the community event as work time. This does not include employee’s that are scheduled as on-call and are called-in to work. See definition for On-Call Time above. As stated above, travel time will be paid for the lesser of the commute time from the employee’s home to the approved travel location or the commute time between the employee’s assigned headquarters to the approved travel location. Updated Overtime Section: If the travel time and hours worked during the work week put the employee into an overtime situation, overtime will be paid per the Human Resources Overtime and Compensatory Time Policy and FLSA regulations. exceeds forty (40), overtime will be paid. When foreseeable, overtime should be pre- approved by the employee’s Supervisor. Whenever possible, Department Heads should consider the use of flex time during the workweek for employees who must travel to reduce additional hours worked in the same workweek. The Department Head may alter an employee’s work schedule for travel time purposes considering staffing needs and the best interests of the department. Remote Work Policy Proposed Changes Definitions - added Remote Work Definition Remote Work: Remote work (also known as work from home or telecommuting) is a flexible working arrangement that allows an employee to perform their job duties from a physical location outside of a County office. Regular work practices and job duties that require an employee to work away from the office are not considered remote work. These job duties include time spent working out in the community, such as meeting with clients, attending training events, managing community events, etc. Expectations - added language Remote work is not intended to permit staff to work at other jobs, provide dependent care, or run their own businesses during work hours. If an employee has a need for time off related to the above or other non-work-related matters, employees should request approval for appropriate paid leave time or discuss alternatives with their direct supervisor. Employees are expected to make and maintain dependent care arrangements while working remotely. Employees should not be engaging in dependent care activities when performing official duties. While an occasional, brief interruption may occur when a dependent is present in the home, employees working remotely must be careful to keep interruptions to a minimum to avoid disruptions that impact work activities or performance. Situations where employees may need to provide dependent care during work hours shall not be counted as worked time.  Employees working remotely may be required to attend in-person meetings, trainings, or events at St. Croix County worksites or other locations as directed by their supervisor. Resolution No. 24 (2023) RESOLUTION AMENDING PERSONNEL HANDBOOK - TRAVEL TIME POLICY AND REMOTE WORK POLICY WHEREAS, on September 2, 2014, St. Croix County adopted the current version of the 1 St. Croix County Personnel Policies and Procedures Handbook; and 2 3 WHEREAS, the handbook was further amended from 2015 through 2023; and 4 5 WHEREAS, the Staff Advisory Committee and Department Heads have been provided 6 copies of the updated policies for review; and 7 8 WHEREAS, on June 20, 2023, the Administration Committee has reviewed the 9 amendments and recommends approval to the St. Croix County Board of Supervisors. 10 11 NOW, THEREFORE, BE IT RESOLVED by the St. Croix County Board of 12 Supervisors that the St. Croix County Personnel Policies and Procedures Handbook is hereby 13 amended as follows: 14 15 Amend Travel Time Policy 16 Amend Remote Work Policy17 Legal – Fiscal – Administrative Approvals: Legal Note: Fiscal Impact: Update to policy clarifies current practice and will have no fiscal impact. 06/20/23 Administration Committee RECOMMENDED RESULT: RECOMMENDED [UNANIMOUS] MOVER: Paul Berning, Supervisor SECONDER: Bob Long, Supervisor AYES: Long, Koch, Berning, Feidler, Counter Vote Confirmation. St. Croix County Board of Supervisors Action: Roll Call - Vote Requirement – Majority of Supervisors Present RESULT: ADOPTED [UNANIMOUS] MOVER: Shawn Anderson, Supervisor SECONDER: Dave Ostness, Supervisor AYES: Lind, Anderson, Long, Leaf, Adams, Berning, Ottino, Feidler, Ostness, Counter, Sherley, Tellijohn, Carlson, Barcalow, Swanepoel, VanSomeren, Ramberg EXCUSED: Carah Koch, Daniel Hansen This Resolution was Adopted by the St. Croix County Board of Supervisors on August 1, 2023 Christine Hines, County Clerk Travel Time Policy – Human Resources Policies and Procedures 1 Travel Time Policy Updated: June 2023 St. Croix County employees often travel to different locations throughout the county and sometimes even outside of the county as part of their job duties or to attend a conference or other work-related event. Depending on the circumstances, travel time may be counted as working time. Purpose To clarify working time hours when traveling for County business. a conference or other work-related event. Definitions  Required Travel: Travel that is mandated and (or) pre-authorized by the employee’s supervisor.  Assigned Headquarters: The original job site or location that an employee is assigned to for the workday. An employee’s assigned headquarters may change on a daily basis as determined by business needs.  Approved Travel Location: Work site or location that is not the employees assigned headquarters but that the employee is required to travel to for a business-related reason.  Fair Labor Standards Act (FLSA): Establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. The following definitions explain what is considered work time under the FLSA: o Work hours: All time during which an employee is required to be on the employer’s premises, at a prescribed workplace, or is actively engaged in work. o Waiting Time (Engaged to Wait): Waiting time is considered work time if the employee is engaged by work to have a period of inactivity or wait time, as long as the wait time is common practice and within reason. For example, arriving to the airport two hours before a domestic flight is a common and reasonable practice and the wait time would be considered work time. Allowing extra commute time to a conference and arriving twenty minutes early is a common and reasonable practice and the period of inactivity between arriving for the conference and the start of the conference would be considered work time. Any time in addition to that which is considered common practice and reasonable or in which personal tasks are being completed would be considered personal time. An example of being engaged to wait is a fireman who Travel Time Policy – Human Resources Policies and Procedures 2 plays checkers while waiting for an alarm, or an employee reading a book at the airport waiting for their flight to a work-related event. o On-Call Time: On-call time is considered work time only if the employee is required to remain on the employer’s premise while on-call. The commute to the employer’s premise or job site when “called-in” is not considered work time unless the employee is actively engaged in work during the commute, such as on a phone call or performing other work activities. Working Time Home to Work and Work to Home Travel Travel time from an employee’s home to their assigned headquarters, or from their assigned headquarters to their home, will not be paid; this includes, but is not limited to, travel to and from an employee’s assigned headquarters for training or meetings, picking up extra shifts, being called-in to work, or working regularly scheduled shifts. Travel Time to Approved Travel Locations Travel time for non-exempt (hourly) employees shall count as worktime if travel is required to an approved travel location that is not the employee’s assigned headquarters. Travel time will be paid for the lesser of the commute time from the employee’s home to the approved travel location or the commute time between the employee’s assigned headquarters to the approved travel location. Travel Between Approved Travel Locations Time spent traveling between two approved travel locations will count as approved working time. For example, traveling from one worksite to another during a typical workday. Travel time must equate reasonably with distance by taking the most direct route. Travel Outside of the County and Waiting Time Time spent traveling substantial distances, typically outside of the county, to attend County related business will be counted as time worked. For example, time spent traveling to an airport, waiting in an airport, time spent on a plane and traveling from the airport to the approved travel location would all count as time worked. In the event of extended wait times during travel, the wait time will be considered work time as long as the employee is engaged to wait. In extraordinary circumstances, the wait time may be considered personal time, if the employee is no longer actively engaged in work. These situations will be considered on a case-by-case basis. Travel Time Policy – Human Resources Policies and Procedures 3 Travel for Additional Work Activities Travel time to and from additional work activities outside of an employee’s normal working hours would be considered work time if the employee has already traveled to their assigned work location or approved travel location for the day. For example, an employee travels to their assigned headquarters and works their normal shift, then travels home and has personal time, the employee then returns to work by traveling to an approved travel location to lead a community event as part of their approved job duties. The employee would count their travel to the community event as work time. This does not include employee’s that are scheduled as on-call and are called-in to work. See definition for On-Call Time above. As stated above, travel time will be paid for the lesser of the commute time from the employee’s home to the approved travel location or the commute time between the employee’s assigned headquarters to the approved travel location. Overtime If the travel time and hours worked during the work week put the employee into an overtime situation, overtime will be paid per the Human Resources Overtime and Compensatory Time Policy and FLSA regulations. exceeds forty (40), overtime will be paid. When foreseeable, overtime should be pre-approved by the employee’s Supervisor. Whenever possible, Department Heads should consider the use of flex time during the workweek for employees who must travel to reduce additional hours worked in the same workweek. The Department Head may alter an employee’s work schedule for travel time purposes considering staffing needs and the best interests of the department. Remote Work Policy – Human Resources Policies and Procedures 1 Remote Work Policy Updated: July 2023 St. Croix County is committed to creating a work environment and culture where the needs of our clients, employees, and organization are aligned. Therefore, we strive to be flexible in our approach to work styles and location. Remote work allows employees to work at home or in a satellite location for all or part of their workweek. St. Croix County considers remote work to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Remote work may be appropriate for some employees and positions but not for others. Purpose To enable staff and management to balance personal and professional responsibilities while continuing to deliver high quality customer service; and meet County goals. The ability to work remotely is also purposeful in attraction, recruitment, and retention of future and current employees. To provide employees with the minimum guidelines needed to incorporate remote work within a specific position or department. Department Heads and Supervisors are encouraged to define any additional work rules necessary to make remote work successful for that department. Definitions  Remote Work: Remote work (also known as work from home or telecommuting) is a flexible working arrangement that allows an employee to perform their job duties from a physical location outside of a County office. Regular work practices and job duties that require an employee to work away from the office are not considered remote work. These work practices and job duties include time spent working out in the community, such as meeting with clients, attending training events, managing community events, etc.  Non-Exempt Vs. Exempt: Exempt employees are exempt from receiving overtime pay per standards set by the U.S. Department of Labor and are oftentimes referred to as salaried workers. Non-Exempt Remote Work Policy – Human Resources Policies and Procedures 2 employees must be paid for all hours worked according to standards set by the U.S. Department of Labor and are oftentimes referred to as hourly workers.  Broadband Internet: Any high-speed internet access that is always on and faster than dial-up access over traditional analog services.  Health Insurance Portability and Accountability Act (HIPAA): Legislation that provides security provisions and data privacy to protect individuals’ medical records and other personal health information.  Personally Identifiable Information (PII): Any data that could potentially be used to identify a particular person such as full name, social security number, driver’s license number, bank account number, or email address.  Ergonomic Self-Evaluation: Assessment used to assist in ensuring a safe and comfortable working space. Eligibility The determination that a position may or may not be appropriate for a remote work arrangement is made on a case-by-case basis, at the department level, with approval from the department head or designee. Departments evaluate whether a position is suitable for remote work based on the nature of the work that is being performed. Generally, requests to work remotely should be considered when:  The employee’s duties can be fulfilled within the remote work structure.  Working remotely fits with the needs of the department.  Remote work provides for space savings or increased productivity.  The employee has demonstrated sustained high performance, and the manager believes the employee can maintain the expected quality and quantity of work while working remotely.  The department can maintain quality of service for clients, employees, and members of the community.  When balance or flexibility is needed to encourage employee retention.  When complying with a local, state, or federal stay-at-home order. Generally, requests to work remotely should not be considered when:  The job requires the employee’s physical presence at a designated location or site.  Remote work would impair the department’s efficiency. Remote Work Policy – Human Resources Policies and Procedures 3  The employee’s current job duties require frequent supervision, direction or input from others who are onsite.  The employee’s job duties require that the employee provide frequent supervision, direction or input to other employees who are onsite.  The employee’s performance evaluations do not indicate sustained high performance or the ability to work independently.  The employee has a documented attendance problem in their work history. Expectations  Employees who work remotely must comply with all St. Croix County policies and department work rules.  Employees who work remotely may be expected to have regularly scheduled work hours, to be fully accessible during those hours, and to attend necessary meetings and appointments in person.  Remote work is not intended to permit staff to work at other jobs, provide dependent care, or run their own businesses during work hours. If an employee has a need for time off related to the above or other non-work-related matters, employees should request approval for appropriate paid leave time or discuss alternatives with their direct supervisor.  Employees are expected to make and maintain dependent care arrangements while working remotely. Employees should not be engaging in dependent care activities when performing official duties. While an occasional, brief interruption may occur when a dependent is present in the home, employees working remotely must be careful to keep interruptions to a minimum to avoid disruptions that impact work activities or performance. Situations where employees may need to provide dependent care during work hours shall not be counted as worked time.  Employees working remotely may be required to attend in-person meetings, trainings, or events at St. Croix County worksites or other locations as directed by their supervisor.  Non-Exempt employees who work remotely are required to report their work hours and take required rest breaks and meal periods.  Employees entering into a remote work agreement may be required to forfeit use of a personal office or workstation in favor of a shared arrangement to maximize organization office space needs.  Employees must provide broadband internet access from their home at their own expense. Depending on the employee’s position a minimum broadband amount may be required. Remote Work Policy – Human Resources Policies and Procedures 4  The County will not be responsible for operating costs, home maintenance, or any other incidental costs associated with the use of the employee’s residence for a remote work location.  In-person meetings with clients and or visitors conducting business with St. Croix County will not be held at the employee’s home that is working remotely.  It is the responsibility of the employee’s direct supervisor to ensure that quality services continue to be delivered at an equal or improved level of timeliness and efficiency.  It is up to the employer to determine whether remote work is required or voluntary. Remote work is not a guaranteed employment benefit. HIPAA (Health Insurance Portability and Accountability Act) /PII (Personally Identifiable Information) Employees in a remote work arrangement must comply with all St. Croix County policies and procedures concerning the handling of Protected Health Information, Personally Identifiable Information, and the use of computers, internet, and email. It is expected employees fully review and are familiar with the above-mentioned policies. Employees will limit consumer specific information in their possession outside of County offices to the extent of that necessary to perform their duties and will not discuss confidential information in public locations. The remote worker’s signed St. Croix County Policies and Procedures, Confidentiality and Ethics Agreement, and any other applicable computer, network, and telecommunication laws, rules and permissions remain in full effect while working remotely. Travel Expenses A remote worker is entitled to mileage reimbursement as indicated by County policy:  The first one-way trip of the day from home to another location for the purpose of paid employment is not reimbursable as a work expense and is considered the responsibility of the remote worker.  This rule also applies to the last trip of the day from another location for the purpose of work to the home.  In the event the first trip and/or the last trip of the day is longer than the mileage between the employee’s onsite work location and the employee’s home, the employee will be reimbursed for the Remote Work Policy – Human Resources Policies and Procedures 5 difference. If the first trip of the day is shorter than the normal distance from the onsite work location to the employee’s home, this mileage would not be reimbursable. Safety and Liability  Employees working remotely must have a safe and ergonomically correct workspace.  Employees regularly working remotely must conduct an ergonomic self-evaluation of their remote work location and review with their supervisor prior to beginning their remote work.  Employees without a designated remote work site, or that travel to a variety of different locations or sites may not require that an assessment be completed. It will be the responsibility of the remote worker’s supervisor to determine whether the employee self-assessment is required.  The County will not be liable for damages to the employee’s property resulting from participation in the remote work program.  Injuries sustained by the employee while at the remote work location and in conjunction with his or her regular work duties are normally covered under St. Croix County’s Workers’ Compensation Policy.  Employees working remotely are responsible for notifying the employer of such injuries in accordance with St. Croix County’s Workers’ Compensation Policy (Work Related Injuries or Illness).  By participating in the remote work arrangement, the employee agrees to hold the County harmless against any and all claims including injuries to others at the remote work location. Equipment The IT Department will work with departments to develop a standard list of equipment. This standard equipment list will be reviewed as needed and adjusted to meet the needs of all workers as a group. Limited exceptions may be reviewed on a case-by-case basis. All equipment provided by St. Croix County will remain the property of St. Croix County and is subject to the same business use restrictions as described in the User Acceptable Use Policy. When a remote employee experiences technology or equipment issues, with St. Croix County owned property, that cannot be resolved remotely it is the responsibility of the employee to bring their equipment to a location designated by IT for repair. Requests for repair must be submitted timely. Remote workers shall be subject to additional security requirements to ensure the safety and integrity of County equipment and data.  Example: Two-Factor Authentication (2FA) Remote Work Policy – Human Resources Policies and Procedures 6  Example: On-Time Passwords (OTP) The remote worker will sign an inventory of all office property and agrees to take appropriate action to protect the items from damage or theft. Upon termination of employment, all St. Croix County property must be returned to the County by the employee’s final day of employment, unless other arrangements have been approved by the department supervisor Agreements and Request Process  An agreement between the remote employee and the department is required and will be placed in the employee’s personnel file.  The Remote Work Agreement may be modified or terminated at any time, with appropriate notice to the employee and/or supervisor.  Normally, at minimum, a 30-day notice should be provided whenever possible in advance of ending or changing the agreement. Possible examples that may require less notice may include but are not limited to: o Remote employee is not performing at the minimum expected level. o Remote employee is no longer able to meet the expectations of the Remote Work Agreement and requires immediate action. o Needs of the department require an employee to work from the office. In all cases, remote work agreements must be renewed annually. Employees that wish to work remotely shall complete the following request process: 1. Discuss with supervisor whether remote work is a viable option. 2. Complete the Remote Work Request Form (as required by the supervisor or Department Head). 3. If remote work request is approved, complete the Remote Work Agreementand Ergonomic Self Evaluation. If an employee and/or supervisor would prefer to create an alternative Remote Work Agreement in lieu of the document provided, then the outline and terms should be submitted to Human Resources for approval prior to completion.