I. ALTERNATIVE WORK ARRANGEMENTS
- Definitions
- Work Location: any property that is owned, occupied, leased, or used by MCSD at which the employee is regularly assigned to attend work. This includes all indoor and outdoor spaces or spaces occupied with a user permit, license, or contract for the conduct of district business.
- Telecommuting: a work arrangement in which an employee performs their regular job duties in an alternate location to the official district place of business; working remotely.
- Non-exempt: this is a fixed workweek; employees are subject to the overtime provisions of the Fair Labor Standards Act.
- Hours Worked: for fixed workweek staff; hours computed by adding all hours actually worked during the workweek plus any paid time off, such as vacation and sick time.
- Exempt: not subject to the overtime provisions of the Fair Labor Standards Act.
- Supervisor: the person with the ultimate approval authority in the unit, or his or her designee.
- Alternate Work Location: a location other than the official district place of business from which an employee telecommutes.
II. Alternative Work Arrangements Process
The definitions for all terms utilized in this Section (II) are the same as those utilized in Section I above unless otherwise noted.
Forms of Alternative Work Arrangements
The District recognizes two forms of alternative work arrangements:
- A Flexible Work Day Arrangement
- A Compressed Workweek Arrangement
The implementation of Alternative Work Arrangements shall be at the discretion of the employee’s supervisor in partnership with the Division of Human Resources. Prior to implementing any form of alternate Work Arrangement, Supervisors must contact the Division of Human Resources.
Flexible Work Day Arrangements are as follows:
- A meal break of at least thirty (30) consecutive minutes.
- Pre-defined start time during which the employee will commence his or her workday; for non-exempt staff, a workday that remains for a specific number of hours (i.e. 7, 7.5 or 8), not including a meal break, during which the employee must be at work; and
- A variable daily schedule that revolves around a fixed set of core hours, which may vary by employee;
III. Compressed Workweek Arrangement are as follows:
- A regularly repeating weekly, or bi-weekly, schedule that is shorter than five uniform and consecutive days in one workweek,
- A regular workweek that is executed over the shortened period of time so that there are fewer but longer days in the new workweek(s);
- For non-exempt staff, a workday that is for a specific number of hours, not including a meal break, during which the employee must be at work;
- A meal break of at least thirty (30) consecutive minutes; and
- One regularly scheduled day off that the employee receives as a result of the compression of the workweek(s). The regularly scheduled day off may be any day during such workweek(s), as predetermined by the Supervisor, which shall repeat with regularity.
The District currently completes a 4&1 Compressed Work Week during the Summer which begins in May of every year and last through July of every year. In a 4&1 Compressed Workweek Arrangement the employee will work four (4) days and receive one (1) regularly scheduled day off in each workweek.
Below are examples of how hours are calculated based on an employee’s regular work schedule:
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- An employee who is in a 35-hour per week position and who is placed on a 4&1 compressed Workweek Arrangement will work four 8.75 days per workweek.
- An employee who is in a 37.5-hour per week position and who is placed on a 4&1 Compressed Workweek Arrangement will work four 9.38-hour days per workweek.
- An employee who is in a 40-hour per week position and who is placed on a 4&1 Compressed Workweek Arrangement will work four 10-hour days per workweek.
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IV. Alternative Work Arrangements for Part Time Employees
Compressed Workweek and flexible Work Day Arrangements can be implemented for part-time employees by following the same guidelines set forth in Section A above, prorated according to the employee’s part-time percentage.
Paid Time Off:
1. If an employee uses paid time off (i.e. sick, vacation, personal) the employee must charge the same amount of hours being worked for their compressed work week arrangement.
2. Current policies for recording paid time off remain applicable.
Recordkeeping:
- Alternative work Arrangements do not require any additional recordkeeping beyond what must already be kept pursuant to State and Federal law.
- Alternative Work Arrangements for each employee, if implemented, must be discussed with Human Resources and then should be communicated in writing to the employee and kept on file. The writing must identify the following:
- The type of the Alternative Work Arrangement being implemented whether flexible or compressed
- The begin and end date of the arrangement
- The days of the week and the hours per day that the employee is required to work
- The expected starting and ending times of the employee’s workday
- Any other pertinent information.
Telecommuting
Eligibility:
Both Exempt and Non-Exempt Employees may be eligible to be considered for telecommuting. Employees must be feasibly able to perform their day to day responsibilities from home with little to no limitations.
Not all eligible employees will be suitable for telecommuting. Suitability for telecommuting is based upon the individual employee as well as the employee’s position. All telecommuting arrangements must be approved in advance by the employee's supervisor.
Telecommuting Arrangements shall only be scheduled as follows:
- Regular: a recurring arrangement generally consisting of the same day or days each week when an employee works at the alternate location. Regular telecommuting arrangements can be for a finite or indefinite period of time.
- Occasional (Leave of Absence or Accommodation): a short term solution generally on an as-needed basis.
- Emergency Operations: telecommuting that is precipitated by a crisis or other emergency that significantly disrupts a facility or facilities or the physical operation. When needed to achieve business continuity and to maintain critical functions, operations, and services, telecommuting arrangements may be established until normal operations can be restored at the regular work location.
In all cases, telecommuting arrangements are revocable and can be discontinued at any time when it is in the judgment of the Supervisor that it is in the best interest of the District to do so. Supervisors should give 30 days’ notice of discontinuance unless extenuating circumstances make such notice impracticable.
Telecommuting does not change an employee’s terms and conditions of employment, including required compliance with or the application of District policies. Additionally, an employee’s compensation and/or benefits do not change as a result of a telecommuting arrangement. Non-exempt employees who are permitted to telecommute must comply with District timekeeping practices and must accurately record all working time.
Telecommuting is not intended to circumvent any leave that an employee has requested and is entitled to pursuant to state and/or federal law or District policy.
Below are eligibility requirements In order for an employee to be considered:
- Employees must have worked with the district for six (6) months;
- Employees must be feasibly able to perform their day to day responsibilities from home with little to no limitations;
Work Site:
The alternate location from which an employee telecommutes should be a predetermined site, such as a home office, and should have a fixed work area that will provide the employee with adequate access to the tools necessary for telecommuting, such as a telephone, computer, internet connection, etc.
A supervisor or other appropriate District official may arrange to visit the alternate work location when appropriate, to evaluate it for appropriateness prior to approving the telecommuting agreement or when worksite-related concerns arise during the telecommuting arrangement. Additionally, the District retains the right to make prearranged on-site inspections of the remote work site during scheduled work hours.
Telecommuters should not hold business visits or in-person meetings with professional colleagues, customers, or the public at alternate work sites; exceptions to this provision must be approved in advance by the Director of Risk Management or Human Resources representative.
Telecommuting does not convert the alternate work location into a District place of business.
Costs and Expenses:
All costs, whether relating to the initial set-up or the maintenance of a telecommuting arrangement, will be borne by the employee. The District does not assume responsibility for operating costs, home maintenance, or other costs incurred by employees in the use of their homes or other alternative work locations.
The District will not reimburse employees for out-of-pocket expenses for materials and supplies that are normally available at their regular work location.
Equipment:
Except as set forth below, employees must provide their own computer, telephone, telephone service, internet connection, and any other equipment necessary to facilitate the telecommuting arrangement, unless otherwise expressly agreed to and approved by Division of Information Services. The District does not assume responsibility for the cost of employee-provided equipment or its repair or service.
Supervisors are not prohibited from using District funds for reasonable expenses that are necessary to facilitate the telecommuting arrangement, if there is a legitimate business need and adequate funding exists. Such expenses must be consistent with existing District policies regarding purchasing and business expenditures.
When available, supervisors are permitted to issue district-owned equipment to an employee for use in telecommuting; however, the equipment is to be used only by the telecommuting employee to perform authorized district business. When district-owned equipment is issued to an employee for telecommuting, the employee is responsible for protecting it from theft, damage, and unauthorized use. District-issued equipment used in the normal course of employment will continue to be supported by the supervisor.
Accountability and Availability:
In general, telecommuting should not change the regular days and hours that an employee is expected to be working; however, if a telecommuting employee will be performing work outside of the employee’s normal work days and hours, those work days and/or hours must be set forth in the Telecommuting Agreement. If it is found that an employee is not performing work during the telecommuting hours, the Telecommuting Agreement can be revoked, and the employee may be subject to discipline as appropriate.
A telecommuting employee shall be as available for communication and contact during the scheduled telecommuting time as they would be if working at the regularly- assigned work location. Supervisors should outline minimum expectations for how often the telecommuting employee should check email and voicemail.
A telecommuting employee shall report to the regularly-assigned work location on non- telecommuting days. In addition, supervisors may require that on a regular telecommuting day an employee must report to the regularly-assigned work location or elsewhere as needed for work-related meetings or other events. In that event, the supervisor should give the employee as much notice as is practicable.
Recordkeeping:
Telecommuting arrangements do not require any additional recordkeeping beyond what must already be kept pursuant to State and Federal law.
Telecommuting Arrangements for each employee, if implemented, must be discussed with Human Resources and then should be communicated in writing to the employee and kept on file. The writing must identify the following:
- The type of the Alternative Work Arrangement being implemented whether flexible or compressed
- The begin and end date of the arrangement
- The days of the week and the hours per day that the employee is required to work
- The expected starting and ending times of the employee’s workday
- Any other pertinent information.
Should the arrangement be a result of an accommodation for medical reasons, Human Resources will provide all necessary documentation to the employee and respective supervisor/s under the American with Disabilities process; including the designation of the request.
Assessment:
Certain adaptations may be necessary in how supervisors communicate expectations and assignments, and provide ongoing assessment and feedback, due to the fact that the telecommuting employee is not always physically present in the regular work location.
The supervisor and the telecommuting employee should agree upon a workable means for delivering such information, such as regular meetings or status emails. Likewise, supervisors should also review and/or revise the criteria that will be utilized for performance evaluations where applicable. Such criteria should be clearly defined and measurable in terms of quantity, quality, or time to complete.
Process:
A supervisor can offer a telecommuting arrangement to an employee or an employee may initiate a request to telecommute through consultation with their supervisor and Human Resources. In either case, the Supervisor and employee should enter into a Telecommuting Agreement; in partnership with Human Resources, if it is determined that the employee and the employee’s position are suitable for telecommuting.
A Telecommuting Agreement may be discontinued at any time by either the employee or the supervisor upon notice. Supervisors should give 30 days’ notice of discontinuance unless extenuating circumstances make such notice impracticable. The employee should give as much notice as is reasonably necessary to facilitate resumed reporting to the work location.
Risk Management:
In the event of a job-related injury, you should report the incident to your supervisor as soon as possible, following procedures outlined in the Policy EGAA: Workers' Compensation
Security and Technology:
Telecommuting employees must adhere to the established standards and protocol related to information protection, security, and technology. Failure to adhere to the standards and protocol may result in revocation of the Telecommuting Agreement and appropriate disciplinary action, as necessary.
Interpretation of Policy:
Please contact the Division of Human Resources for interpretations or assistance with this policy.
Original Adopted Date: 07/20/2020 | Last Revised Date: 08/17/2020