Miami-Dade County. Administrative Orders Maintenance System.

Administrative Order

Administrative Order No.: 7-46

Title: Employee Telecommuting

Ordered: 1/18/2022

Effective: 1/18/2022

AUTHORITY: Section 5.02 of the Miami-Dade County Home Rule Amendment and

Charter.

SCOPE: This Administrative Order applies to County employees under the purview of

the Mayor.

PURPOSE:

The purpose of this Administrative Order (AO) is to provide guidelines for employees on

alternative work arrangements, specifically telecommuting and flexible work schedules.

This AO aims to define expectations to ensure that Miami-Dade County (MDC) and its

employees meet MDC goals and objectives through a mutually beneficial teleworking

arrangement. Specifically, the AO is intended to:

1. Ensure members of the public receive the same standard of customer service

and attention when employees are telecommuting.

2. Require employees to acknowledge that the County's work performance

standards and their job duties/responsibilities remain unchanged regardless of

work location or schedule.

3. Establish certain standards regarding the safety, security, and maintenance of

County-issued equipment.

The County’s priority is to ensure the health and safety of all employees and residents,

while maintaining flexibility, productivity, and accountability.

This AO is subject to modification based on further adjustments to, or the development

of, other County policies or procedures on these matters, including, but not limited to

Administrative Order No. 5-5, Acquisition, Assignment and Use of Telecommunication

Devices and Network Resources. Failure of any employee to acknowledge receipt of this

AO does not prevent its enforcement. Furthermore, this AO does not exempt employees

from adhering to work location schedules or special assignments that require presence

at designated onsite locations to execute essential functions and duties of the position.

This policy has been provided in advance to the collective bargaining agents for the

applicable County employees. This AO is not intended to contradict the express terms of

the applicable collective bargaining agreement without written consent from the

applicable collective bargaining agent.

More information can be found in the Miami-Dade County Employee Telecommuting

Policy available at:

https://www.miamidade.gov/humanresources/library/telecommuting-

policy-return-to-workplace.pdf.

POLICY:

Alternative work arrangements such as telecommuting and flexible work schedules are

not entitlements, are allowed at the sole discretion of the Department Director, and do

not alter the terms and conditions of employment with MDC. Under this policy,

telecommuters may perform work during any part of their authorized work schedule at

home and/or an approved designated remote work location and may also, if approved,

work a flexible work schedule.

Employees must obtain approval from their supervisor and Department Director or

designee by having all parties sign the “Telecommuting and Work from Home

Agreement” which may be accessed at:

https://www.miamidade.gov/humanresources/library/telecommuting-work-from-home-

agreement.pdf.

The department has the right to offer or decline to offer alternative work arrangements to

an employee and to terminate such options at any time, for any reason, upon notice to

the employee.

Employees are allowed alternative arrangements only if, in the discretion of

management, their job duties permit it. Additionally, eligibility to participate is always

subject to the needs of MDC and may be modified as those needs dictate. A supervisor

can require an employee to report to their MDC work location if there is failure to

maintain work goals and standards.

Any employee who is granted the privilege of participating in this program, and who is

found to have violated this policy, is subject to disciplinary action, up to and including

termination.

Additional guidance regarding job and employee attributes that lend themselves to

telecommuting can be found in the Miami-Dade County Employee Telecommuting

Policy.

ROLES AND RESPONSIBILITIES:

Department Directors are responsible for approving all employee telecommuting

agreements and for approving the issuance of County owned computer equipment for

use in telecommuting. Department Directors may also terminate telecommuting

agreements at their discretion.

Supervisors are responsible for:

1. Evaluating essential job functions for each employee in order to determine if the

work can be performed while telecommuting.

2. Clearly identifying and assigning tasks that need to be performed, including

providing a description of specific deliverables. The supervisor will prepare a

workplan, when applicable, which will be reviewed to assess the employee’s

progress towards completing the work plan on a pre-determined schedule.

3. Monitoring productivity. A supervisor can require an employee to report to his/her

MDC work location if there is failure to maintain work goals and standards.

Employees are responsible for:

Meeting or conferring with the supervisor to receive assignments and to review

completed work as the supervisor deems necessary. Employees and their

supervisors are to maintain the same established performance, targets,

deliverables, and standards, regardless of work location. Failure of an employee

to meet any of the standards set by the department while telecommuting is

subject to the appropriate disciplinary action as would have occurred at the

workplace.

Advising their supervisor immediately when an employee is not able to perform

his/her job and/or maintain communication capabilities while telecommuting. The

employee must report to the on-site work location or request the appropriate

leave.

Arranging personal responsibilities, including child or dependent care, so as not

to interfere with work time.

Furnishing, equipping, and maintaining an appropriate safe, secure, healthy,

comfortable, and ergonomic workspace within their home and/or approved

designated remote work location for work purposes. The employee’s home

and/or approved designated remote work location will be considered an

extension of the County’s workspace, which must be a separate area set aside

for the employee to work and be able to accomplish assignments in an effective

and efficient manner.

Telecommuting from the location stipulated in the agreement when not working

at the designated MDC work location. Employees may not work from alternate

locations without prior written approval from their supervisor.

Keeping a log/record of tasks and deliverables

performed for all time spent

telecommuting, as applicable.

Reading this AO and adhering to the confidentiality, information security, safety,

and all other standards and procedures described herein.

WORK STANDARDS:

The same level of professionalism, responsiveness, and service levels are expected

from telecommuters as employees working at County worksites. Telecommuting or

flexible work schedules must not:

• Impede other employees or work groups from performing their job duties

• Detrimentally impact MDC’s business needs

• Diminish MDC’s operations

• Reduce service levels to internal or external customers

The minimum telecommuting and flexible work schedule standards include, but

are not limited to the following;

1. Unless advanced arrangements are made with the employee’s supervisor,

telecommuting employees working a flexible schedule are expected to

Maintain regular telephone and e-mail contact and

be accessible

during the hours agreed upon apart from lunch, breaks, meetings, etc.;

return phone calls, voice messages, texts, and emails within the same

expected timeframes as in the workplace

b. Be

available and respond to their supervisors, managers, and co-

workers during agreed-upon work hours within an agreed upon time

between the employee and supervisor and make their availability clear

from their instant messaging work

status.

c. Ensure that they can be reached through telephone (office, home,

mobile), instant messaging (e.g., Teams, Zoom, Google), or other

communication tools that are routinely utilized within the employee's

work unit, and not rely solely on one form of communication.

2. All email communications to external customers must include contact information

as noted in MDC’s branding policy for email signatures.

Video meetings must be in a quiet, controlled setting without disruptions from

animals or other people, and employees must be appropriately dressed for a

work setting.

4. Telecommuters and/or employees working a flexible schedule must be available

to report to a designated MDC work location during regular working hours at the

request of a supervisor at the time period pre-determined by the supervisor.

Employees must be available to attend all scheduled meetings and

participate in other required office activities at their MDC work location, as

needed.

5. Departments may rotate the telecommuting schedule requiring that employees

work from the MDC work location, as needed, in accordance with applicable

collective bargaining agreements.

Lack of communication may result in an employee being required to return to his/her

designated MDC work location.

REMOTE OFFICE/ SAFETY STANDARDS AND PROCEDURES:

1. Each telecommuting employee must complete and sign the “Telecommuting Self-

Certification Safety Checklist” which is a part of the Agreement and may be

accessed at: https://www.miamidade.gov/humanresources/library/telecommuting-

work-from-home-agreement.pdf. It proclaims the home and/or approved

designated remote work location is safe. The goal of completing the checklist is

to ensure that all requirements to perform official work are met in an environment

that allows tasks to be safely performed. The safety checklist must be completed

prior to beginning telecommuting.

2. The work area should be free of safety and fire hazards including no obstruction

of exits, good ventilation, no exposed or frayed wiring or cords, and surge

protectors for computers. The designated work area must also be free of

interruptions that would detrimentally affect performance.

3. If the employee would like to change their telecommuting work location, prior

written approval must be obtained from the employee’s immediate supervisor.

4. MDC will approve the workspace based on the Self-Certification Checklist but will

not be responsible for or reimburse any costs associated with initial setup or

upkeep, including but not limited to home office furnishing and related expenses

such as construction, renovations, heating/air conditioning, lighting, electricity,

and internet connectivity.

5. MDC has the right to visit a telecommuting employee’s designated remote work

location to ensure that it meets safety, ventilation, and ergonomic standards.

Telecommuting employees will be provided with at least 24-hour notice of such

visit, which will only be scheduled during normal business hours.

6. MDC will be liable for any work-related injuries that occur while the employee is

performing their duties during mutually agreed upon work hours which occur

solely in their designated home and/or approved designated remote work

location. The employee’s remote work hours will conform to a schedule agreed

upon by the employee and the applicable supervisor prior to commencing

telecommuting. If such a schedule has not been agreed upon, the employee’s

work hours will be assumed to be the same as those in effect before the

employee began telecommuting.

7. MDC assumes no liability for injuries occurring in the participant’s home and/or

approved designated remote work location while the employee is performing

non-work-related activities during the agreed upon telecommuting schedule.

8. MDC is not liable for loss, destruction, or injury that may occur in or to the

employee’s home and/or approved designated remote work location. This applies

to family members, visitors, or others that may become injured within or around

the employee’s home and/or approved designated remote work location.

9. Employees shall immediately notify their supervisor of any work-related accident

or injury that occurs while working at the remote work location. If this accident or

injury requires medical assessment at one of the approved Workers'

Compensation Authorized Care Centers, the employee shall call TELECLAIM,

MDC’s injury reporting system at 1-877-MDC-RISK (1-877-632-7475), to first file

the claim and then seek medical attention. The employee shall complete their

portion of the Supervisor’s Investigation Report and submit it to their supervisor

for the Supervisor’s review and completion.

10. Upon notification from an employee of an on-the-job injury, the supervisor shall

immediately begin the injury investigation, and within 48 hours of the injury, the

Supervisor's Investigation Report and any associated documents must be

completed and forwarded to Risk Management.

The Supervisor’s Investigation Report is available at:

https://www.miamidade.gov/humanresources/library/supervisor-investigation-report.pdf

EQUIPMENT AND EXPENSES:

Telecommuters and their supervisors will jointly determine the equipment required to

meet their performance objectives from the remote work location. The Information

Technology Department (ITD) can assist in determining the appropriate equipment

required. Approval or commencement of a telecommuting agreement may be contingent

upon the availability of such equipment.

1. For performance purposes, the use and maintenance of secure, high-speed

Internet access is strongly recommended when accessing MDC networks

through approved software during working hours. Any costs associated with

internet access will be at the employee’s own expense.

2. Employees must provide and maintain a telephone line or cell phone connection

at their own expense. Office telephones should be transferred to the employee

remote telephone line either directly or via applications, such as Jabber.

3. MDC will not be responsible for operating costs, such as home maintenance or

any other incurred incidental costs (e.g., utilities) associated with the use of the

employee's remote work location.

4. MDC will not provide setup in the home or other approved designated remote

workspace and will only repair or troubleshoot systems as related to connectivity

to MDC’s network (VPN or virtual cloud) and County-owned software. MDC will

not repair hardware on personal equipment, internet connectivity managed by the

internet provider, or the internal home or remote work location network (wired

and wireless).

5. MDC may provide computer equipment identified by the supervisor as necessary

for the employee to telecommute. The Department Director or the Director’s

designee may approve additional office equipment, based on supervisor

justification, such as a printer, scanner, and cell phone. Requests for specialized

hardware and/or software programs should be analyzed by the supervisor and

presented to the Director for approval.

6. Employees are responsible for maintaining the County-issued equipment at their

remote work location, which may not be used by anyone other than a County

employee.

7. If any County-issued equipment is damaged or non-functional, the employee

must immediately contact their supervisor for assistance, and work with IT staff, if

needed.

8. If equipment or connectivity that is required for performing assigned tasks is non-

functional, the employee must report to their MDC work location until the situation

is corrected.

9. Employees shall immediately report any lost or stolen County equipment to their

supervisor by no later than the following business day and contact the Miami-

Dade Police Department or their local police department for a police report. The

employee is responsible for obtaining a case number and a copy of the police

report, which is to be submitted to their supervisor along with a written statement

summarizing the incident.

10. For security purposes, access to MDC's computer network must be used in

accordance with MDC’s policies and all procedures and guidelines in force for in-

office hardware and software usage and security apply to the remote work

location.

11. MDC will not be responsible for any wear and tear, repairs, or damage incurred

to personal equipment used in the course of business.

12. Telecommuters will receive office supplies through the same channels as on-site

County workers. No reimbursements will be authorized for personal use of

supplies or equipment or for purchases made outside established procurement

procedures. No reimbursement will be made for travel between the home or

approved designated remote work location and the MDC work location. Any

authorized mileage reimbursements will be made in accordance with the same

procedures and regulations as for eligible employees who work solely from a

MDC work location.

CONFIDENTIALITY AND INFORMATION SECURITY:

Telecommuting requires dedicated use of information technology resources to ensure

productivity and the achievement of MDC’s objectives. Consistent with MDC’s

expectations of information security for employees working at the office, telecommuting

employees will be expected to ensure the protection of proprietary County and customer

information accessible from their home and/or approved designated remote work

location.

Confidentiality and information security requirements include the following:

1. Employees shall adhere to MDC’s or Department approved data privacy

standards to protect the County's information from unauthorized access and/or

damage.

2. Employees shall adhere to MDC’s information technology security and

standards.

3. Employees shall not use an unsecured network to perform their job while

telecommuting.

4. Employees using their own personal computer to connect to the MDC network

must agree to use antivirus software and comply with MDC’s protocols to protect

data. Additionally, any Internet router used in the home and/or approved

designated remote work location for business purposes must be protected with a

password different than the default password provided by the internet service

provider.

5. IT equipment, software, and all data provided by and developed for MDC will

remain the property of MDC, and its use must be consistent with current policies.

6. Personal data should not be stored on equipment owned by MDC. Software used

by the employee for County business must be properly licensed.

7. Employees must ensure that electronic records are protected in accordance with

existing privacy laws and standards such as documents that are exempt or

confidential under the Florida Public Records Act, Chapter 119, Sensitive data

must be protected and must not be disclosed to anyone who is not authorized to

access the information, including family members, friends, or any other

unauthorized persons.

8. Additionally, employees will be expected to ensure the physical protection of all

public records and proprietary information accessible from his or her remote

workspace. Steps may include the use of locked file cabinets and desks, regular

password maintenance, and any other steps appropriate for the job and

environment. Any materials or equipment taken home and/or to the approved

designated remote work location must be kept in the designated work area and

not be made accessible to others. Files and work products are not meant to be

permanently maintained at an employee’s remote work location. Employees must

return any files and work products to the County within one business day after

the telecommuting arrangement ends or at the discretion of the supervisor.

COMPENSATION, BENEFITS AND WORK SCHEDULES:

1. The employee’s compensation, benefits, work status, and work responsibilities

will not change due to participation in the telecommuting or flexible work

schedule program, provided the employee works the requisite hours, and shall

remain as if the employee performed all work duties at an established work

location.

2. Compliance with all County rules, policies, standards, and procedures is

required.

3. Employees who are telecommuting and/or working a flexible schedule will be

compensated for all pay, leave, holidays, and overtime as if duties were

performed at a designated County worksite. Overtime will be paid in accordance

with the Fair Labor Standards Act (FLSA) and all overtime hours must be

included on the e-Payroll Attendance Record (e-PAR) and approved in advance.

Employees must continue to obtain supervisory approval before taking time off

(annual, sick, holiday leave, etc.) per established MDC policies and procedures.

4. Hourly employees authorized to telecommute are required to comply with the

same timekeeping requirements when they are assigned to work in their

designated workplace at County facilities. Employees that violate this

requirement are subject to discipline.

5. Employees who are compensated on an hourly basis are prohibited from working

off the clock or beyond their regularly scheduled number of hours (overtime);

unless and until such employee has been authorized by their supervisor in writing

to work overtime for a specific period. Overtime work requires a supervisor’s pre-

approval whether on-site, telecommuting, or working a flexible schedule.

Employees that violate this requirement are subject to discipline.

6. Employees will maintain their break and lunch schedules agreed upon and set by

their supervisor. Employees that violate this requirement are subject to discipline.

7. Employees will fill out their e-PARs and any other forms that are required by their

department to ensure all time and work is captured in a timely fashion. All hours

worked remotely should be recorded using time reporting code (TRC) “WH”

(working from home). Falsification of time records or fraudulent timekeeping

practices will be subject to discipline.

8. Telecommuting or flexible work schedules will not adversely affect an employee's

eligibility for advancement or any other employee right or benefit.

9. Under certain circumstances, in the event telecommuting is discontinued for any

employee, the County’s return to work procedures may require certification that

the returning employee is fit to return to the MDC work location, in accordance

with applicable collective bargaining agreements.

PROCEDURE:

The Department Director may approach an employee to request or require a

telecommuting and/or flexible work schedule arrangement due to operational needs, and

employees may contact their Department Director to discuss the feasibility of such

arrangements.

1. The supervisor will evaluate essential job functions for each employee in order to

determine if the work can be performed while telecommuting. If the employee’s

essential job functions cannot be performed at a remote work location, the

telecommuting program may not be feasible for that particular job function. If

more than one employee from the same work unit is eligible, the supervisor will

manage the telecommuting schedule and ensure that there is appropriate

coverage at all designated MDC work locations under their purview.

2. Prior to approval, the manager or supervisor will work with the employee to

determine an appropriate schedule.

3. Neither telecommuting nor a flexible work schedule will commence until a

“Telecommuting and Work from Home Agreement” has been signed by all

appropriate parties. As part of the agreement, each telecommuting employee

must complete and sign the “Telecommuting Self-Certification Safety Checklist.”

The Telecommuting Agreement must be submitted and once approved, the

manager or supervisor will review their employee's work schedule periodically

and make changes if warranted, based on operational needs and/or employee

performance.

4. Once it has been determined that an employee’s request will be granted, the

Department will notify the employee in writing within five business days and

provide the employee with notice detailing telecommuting start and end dates, if

any, as well as specific expectations of the County and any consequences for

failing to meet these obligations.

5. The respective departments’ Human Resources unit will retain the

“Telecommuting and Work from Home Agreement” and “Telecommuting Self-

Certification Checklist” in the employee’s personnel file.

6. If the Department Director or their designee decides to cease telecommuting

and/or flexible work schedule arrangements due to operational needs or

nonperformance by the employee, the Department will notify the employee in

writing of the decision and provide fourteen days’ notice to return to their normal

onsite work schedule.

TERMINATION OF AGREEMENT:

1. The employee may terminate the telecommuting agreement, at any time, by

providing notice to their supervisor.

2. MDC may suspend or terminate the employee’s participation in the

telecommuting program at any time.

3. All documentation pertaining to employee status in the Telecommuting program

shall be maintained in the departmental Human Resources Office.

Approved by the County Attorney as

to form and legal sufficiency ____