"Teleworking Agreement" - Maryland

Teleworking Agreement is a legal document that was released by the Maryland Department of Budget and Management - a government authority operating within Maryland.

Form Details:

  • Released on July 1, 2019;
  • The latest edition currently provided by the Maryland Department of Budget and Management;
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TELEWORK PROGRAM
TELEWORKING AGREEMENT
This Agreement, entered into effective __________, is between _________________________
Date
Name of Employee
(“Employee”), an employee of ____________________ (“Agency”), within the State Personnel
Agency
Management System. This Teleworking Agreement (“Agreement”) establishes the respective
obligations of the parties under the State of Maryland’s Telework Program.
The Employee and the Agency, intending to be legally bound, agree as follows:
S
A
COPE OF
GREEMENT
Other than those duties and obligations expressly imposed on Employee
under this Agreement, the duties, obligations, responsibilities and conditions of
Employee’s employment with the Agency remain unchanged.
The term “Remote Work Site” shall mean a work site other than the
Employee’s Main Work Site. The Remote Work Site shall mean any remote office
location approved by the Agency for the purpose of teleworking.
The term “Main Work Site” shall mean Employee’s usual and customary
Agency work address or other location as approved by Employee’s supervisor.
The term “Telework” means to work at least four days a month at a Remote
Work Site to produce specific deliverables as stated in a Telework Work Plan.
The term “Telework Work Plan” shall mean a specific set of defined work
expectations to be met each time Employee works at a Remote Work Site for the
purpose of teleworking.
The term “workspace” shall mean the area within the Main or Remote Work
Site, which has been designated as Employee’s work area.
TELEWORK PROGRAM
TELEWORKING AGREEMENT
This Agreement, entered into effective __________, is between _________________________
Date
Name of Employee
(“Employee”), an employee of ____________________ (“Agency”), within the State Personnel
Agency
Management System. This Teleworking Agreement (“Agreement”) establishes the respective
obligations of the parties under the State of Maryland’s Telework Program.
The Employee and the Agency, intending to be legally bound, agree as follows:
S
A
COPE OF
GREEMENT
Other than those duties and obligations expressly imposed on Employee
under this Agreement, the duties, obligations, responsibilities and conditions of
Employee’s employment with the Agency remain unchanged.
The term “Remote Work Site” shall mean a work site other than the
Employee’s Main Work Site. The Remote Work Site shall mean any remote office
location approved by the Agency for the purpose of teleworking.
The term “Main Work Site” shall mean Employee’s usual and customary
Agency work address or other location as approved by Employee’s supervisor.
The term “Telework” means to work at least four days a month at a Remote
Work Site to produce specific deliverables as stated in a Telework Work Plan.
The term “Telework Work Plan” shall mean a specific set of defined work
expectations to be met each time Employee works at a Remote Work Site for the
purpose of teleworking.
The term “workspace” shall mean the area within the Main or Remote Work
Site, which has been designated as Employee’s work area.
This Agreement shall be construed, interpreted, and enforced according to the
laws of the State of Maryland.
E
R
LIGIBILITY
EQUIREMENTS
There exists no right to telework. Eligibility for a telework assignment must
include a determination by the supervisor that Employee holds a position that has
been identified by the supervisor as suitable for teleworking.
Employee must have successfully completed Employee’s probationary period,
and have received at least a “satisfactory” performance evaluation on the most recent
performance appraisal immediately preceding the request to telework. Telework
privileges may be revoked if Employee fails to maintain at least an overall
“satisfactory” rating on successive performance evaluations during the period of time
that Employee is approved to be a teleworker.
D
A
URATION OF
GREEMENT
This Agreement shall become effective as of the date first written above, and
shall remain in full force and effect for one year from the date of signing this
Agreement. The Agreement may be renewed annually or at any time at the
discretion of the Agency.
T
A
ERMINATION OF
GREEMENT
Employee agrees that participation as a teleworker is voluntary and is
available only as long as Employee is deemed eligible at the Agency’s sole
discretion. Either party may terminate Employee’s participation as a teleworker, with
or without cause, upon written notice thereof, to the other.
The Agency will not be held responsible for costs, damages or losses resulting
from cessation of Employee’s participation as a teleworker.
This Agreement is not a contract of employment and may not be construed as
one.
C
L
OMPENSATION AND
EAVE
While teleworking, Employee agrees to obtain supervisory approval in
advance before performing overtime or compensatory work and before taking leave.
Working overtime or compensatory time without such approval may result in
termination of the teleworking privilege and/or other appropriate action.
S
C
TANDARDS OF
ONDUCT
Employee agrees to be bound by all applicable State personnel laws,
regulations, policies, and procedures while working at the Remote Work Site.
2
DBM-OPSB
Rev. July 2019
Violation of the foregoing may result in disciplinary action and the termination of the
teleworking privilege.
U
E
SE OF
QUIPMENT
The Agency, at its sole discretion, may choose to purchase equipment and
related supplies for use by Employee while teleworking or to permit the use of
Employee-owned equipment. The decision as to the type, nature, function and/or
quality of electronic hardware (including, but not limited to, computers, video display
terminals, printers, data processors and other terminal equipment), computer
software, data and telecommunications equipment (i.e., telephone lines) shall rest
entirely with the Agency. The decision to remove or discontinue use of such
equipment, data and/or software shall rest entirely with the Agency. Equipment
purchased by the Agency for use by Employee shall remain the property of the
Agency.
Preventative maintenance and repair of equipment used by Employee is the
responsibility of the owner of the equipment. In the case of equipment malfunction,
regardless of ownership, Employee must notify his or her supervisor in a timely
fashion. In addition, in the event of Agency-owned equipment failure or malfunction,
Employee agrees to notify the supervisor in a timely fashion in order to affect
immediate repair or replacement of such equipment. Depending on assigned duties,
Employee may be required to report to the Main Work Site or another agreed upon
Remote Work Site until the equipment is useable. Any change in Employee’s
Remote Work Site that involves the relocation of installed equipment owned by the
Agency must be discussed in advance with Employee’s supervisor to ensure the
equipment is handled properly.
Employee agrees to take all reasonable precautions, including but not limited
to, scanning all computer equipment and software for viruses prior to use, installation
and/or transmission, to prevent the transmission of viruses, unauthorized software or
code to any computer owned by the Agency or onto the Agency’s Network System.
Employee agrees that use of equipment, software, data, supplies and
furniture, provided by the Agency for use at the remote work site, is limited to
authorized persons and for purposes related to work. Employee may be required to
make restitution pursuant to State Personnel and Pensions Article, Section 11-
107(c), for failure to exercise reasonable care of Agency-owned equipment, software,
data, supplies or furniture, which results in damage or loss.
In the event that the Agency prevails in legal action to regain possession of
Agency-owned equipment, software data and/or supplies, Employee agrees to pay
all costs incurred by the Agency, including reasonable attorney’s fees.
Employee is responsible for installation, operational costs, service, and
maintenance of any Employee-owned equipment used. The Agency does not
assume liability for loss, damage or normal wear and tear of Employee-owned
equipment.
3
DBM-OPSB
Rev. July 2019
The Agency reserves the right to install, modify or remove software, internet
connections, or other computer systems modification(s) installed by the Agency on
Employee’s personal equipment. Software utilized by Employee at the Remote Work
Site in the normal course of Agency business will comply with all licensing and
copyright laws.
W
ORKSPACE
Employee agrees to designate a workspace within Employee’s Remote Work
Site for placement and/or installation of equipment. The Agency must approve the
site chosen as Employee’s designated workspace. The workspace must be
adequate for performance of Employee’s official duties. Employee shall maintain this
workspace in a safe condition, free from hazards and other dangers to Employee
and/or damage to equipment.
I
NSPECTIONS
Employee agrees that the Agency may make scheduled or unscheduled on-
site visits to the Remote Work Site in order to verify that Employee is teleworking as
scheduled, to assess Remote Work Site safety, and for the purpose of maintaining,
repairing, inspecting or retrieving Agency-owned equipment, software, data, or
supplies. The Agency will make inspections only during Employee’s scheduled
telework hours.
T
S
W
S
ELEWORK
CHEDULE AND
ORK
TATUS
Employee agrees that Employee’s telework schedule will be as designated in
the Telework Schedule form attached to the Agreement. (Attachment 1) Employee’s
supervisor must agree to any changes to Employee’s Telework Schedule in advance.
Employee agrees to maintain contact with the Employee’s Main Work Site as
specified in the Work Performance Section of this Agreement.
Employee agrees to perform only official duties and to refrain from conducting
personal business while on work status at the Remote Work Site. Personal business
includes, but is not limited to, caring for dependents or making home repairs.
Employee may telework up to three days in a pay period unless additional
days are permitted by Employee’s supervisor.
Employee must provide a contact number where Employee may be reached at
all times while teleworking.
Employee must regularly check voicemails and respond to messages and
emails at least hourly while teleworking.
4
DBM-OPSB
Rev. July 2019
Employee must supply specific deliverables as detailed in the Telework Work
Plan no later than the next regularly scheduled work day at the Employee’s Main
Work Site. (Attachment 2)
W
P
ORK
ERFORMANCE
A Telework Work Plan must be established by Employee’s supervisor before
each telework day.
Each telework day, Employee must complete a Telework Work Plan
worksheet, detailing the work performed hourly. This worksheet must be submitted
to the supervisor upon Employee’s next work day. The Employee is required to code
the Employee’s timesheet to reflect telework by selecting “Remote Work Location” in
the drop down menu and choosing “Remote Work Location – Teleworking”.
Additionally, the Employee shall provide a brief description of the work performed in
the “Comments” section of the timesheet.
Employee is required to maintain regular contact with the supervisor and office
staff each telework day, be available to accept calls, return calls promptly, and be
accessible by email and telephone.
Employee understands that failure to complete work assigned and/or failure to
maintain the required contact with Employee’s supervisor and office staff may result
in the termination of the telework privilege as well as adverse action, including
disciplinary action. Declining work performance may result in termination of this
Agreement.
S
UPPLIES
Employee agrees to obtain from the Main Work Site all supplies needed for
work at the Remote Work Site. The Employee understands and agrees that out-of-
pocket expenses for supplies regularly available at the Main Work Site will not be
reimbursed unless prior approval is obtained from the supervisor.
R
EIMBURSEMENT
Employee agrees that the Agency will not be responsible for operating costs,
home maintenance, or any other incidental cost (e.g., utilities, telephone, insurance)
whatsoever, associated with the use of Employee’s residence or computer
equipment. The Agency will reimburse Employee for expenses authorized by
Employee’s supervisor and incurred while conducting business for the Agency.
Employee further understands that it is Employee’s responsibility to determine any
tax implications of maintaining a Remote Work Site in Employee’s home.
L
I
IABILITY FOR
NJURIES
It is understood that Employee is covered under the Maryland Workers’
Compensation law if injured in the course of actually performing official duties at the
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DBM-OPSB
Rev. July 2019
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