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HomeMy WebLinkAboutResolutions - 2024.09.19 - 41991 AGENDA ITEM: Hybrid Work Policy Amendment DEPARTMENT: Human Resources MEETING: Board of Commissioners DATE: Thursday, September 19, 2024 9:30 AM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-4466 Motion to adopt the proposed hybrid work policy as a standing workplace policy; further, authorize Human Resources to pursue companion policies and practices enhancing flexibility and work/life balance for on-site employees. ITEM CATEGORY SPONSORED BY Resolution Brendan Johnson INTRODUCTION AND BACKGROUND The Oakland County Board of Commissioners adopted a hybrid work policy for county departments with a one (1) year extension in 2024. It is proposed that the County lift the sunset on its Hybrid Work Policy, continue it as a standing workplace policy, and authorize Human Resources to pursue the companion policies and practices to enhance flexibility and work/life balance for on-site employees. The link to the submitted hybrid plans that were provided in April of 2024 can be accessed here: file:///J:/GenCounty/Human%20Resources/Hybrid%20Workplace/Submitted%20Department%20Pla ns/ POLICY ANALYSIS The existing Hybrid Work Policy was adopted by the Board of Commissioners in 2022 via resolution #2022-131 on April 14, 2022. An extension of the policy was then approved in 2023 with the adoption of resolution #2023-3422, which expires October 31, 2024. The Human Resources Department is proposing to make the Hybrid Work Policy a standard policy with no expiration date. According to the Forbes Advisor, since the COVID pandemic, the traditional workspace model has made a "seismic shift" toward remote work, and employers have had to pivot towards this trend. Benefits of Hybrid Work - Employee Perspective • Enhance DEIA initiatives through improved accessibility and inclusion, especially for employees with disabilities • Flexibility - Hybrid work enables employees to achieve a greater level of work-life balance • Autonomy - allowing employees self-governance to finish work to meet deadlines • Supports greater productivity - fewer interruptions and a quieter environment • It can improve mental health by providing a greater sense of one's time and less stress, especially with less time used commuting to and from work Benefits of Hybrid Work - Employer Perspective • Better time management through prioritizing in-office and remote work • Technology has allowed for more personal interaction with employees through individual and team video chats • Reduces the need for travel, which lowers the carbon footprint • Reduces the amount of workspace needed, therefore, reducing utility costs, which lowers the carbon footprint • Retention of talent - According to the Forbes Advisor, 98% of employees want to work remotely at least some of the time, and according to a survey done by Flexjobs, out of 8,700 respondents, 56% of surveyed professionals know someone who has quit or plans to quit due to return to work mandates Challenges of Hybrid Work • Some employees do not have the option to work from home because of their particular job (e.g. Sheriff's Deputies, Custodial Workers, Healthcare workers, etc.) • Connection with co-workers - According to an article by the Pew Research Center, "53% of those who work from home at least some of the time say working from home hurts their ability to feel connected with co-workers." To address some of these challenges,the Human Resources department is proposing companion policies to provide incentives for those who cannot work hybrid. The proposed companion policies are attached to the memo and include: • Prioritize internal transfers/promotions when vacancies occur in hybrid eligible classifications • Ensure fairness between hybrid and non-hybrid for requested time off o for example, if an on-site employee requests time off on a Friday before a holiday and on-site staff is needed, the department should request the hybrid worker to work onsite to accommodate • Provide an additional floating holiday for on-site employees • Prioritize on-site employees for on-site daycare at Little Oaks • Beginning with 2025 front load 10 personal days (rather than 5) at the beginning of each calendar year, which will especially benefit on-site staff • Encourage more departmental flexibility in scheduling for on-site employees to accommodate medical/dental appointments and enhanced discretion in weather/emergencies BUDGET AMENDMENT REQUIRED: No Committee members can contact Barbara Winter, Policy and Fiscal Analysis Supervisor at 248.821.3065 or winterb@oakgov.com or the department contact persons listed for additional information. CONTACT Heather Van Poucker Sunil Asija, Director Human Resources ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 9/19/2024 AGENDA DEADLINE: 09/19/2024 9:30 AM ATTACHMENTS 1. Hybrid Memo to LAGO Sept 2024 2. Hybrid Work Presentation Sept 2024 3. 2023 Hybrid Work Policy CURRENT COMMITTEE TRACKING 2024-09-10 Legislative Affairs & Government Operations - Recommend to Board 2024-09-19 Full Board - Approve Motioned by: Commissioner Brendan Johnson Seconded by: Commissioner Linnie Taylor Yes: David Woodward, Michael Gingell, Penny Luebs, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, William Miller III, Yolanda Smith Charles, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor (13) No: Michael Spisz, Karen Joliat, Christine Long, Robert Hoffman (4) Abstain: None (0) Absent: Kristen Nelson (1) Passed OAKLAND COUNTY EXECUTIVE DAVID COULTER Sunil Asija, Director Human Resources 2100 Pontiac Lake Road | County Executive Building 41W | Waterford, MI 48328 | OakGov.com TO: David T. Woodward, Chairman of the Board of Commissioners Brendan Johnson, Chairperson of the Legislative Affairs and Government Operations Committee FROM: Sunil Asija, Director of Human Resources Heather Van Poucker, Deputy Director of Human Resources RE: Recommendation on Hybrid Work Policy DATE: September 10, 2024 It is recommended that the County lift the sunset on its Hybrid Work Policy, continue it as a standing workplace policy, and authorize Human Resources to pursue companion policies and practices to enhance flexibility and work/life balance for on-site employees. Research shows that 80% of employers in Michigan provide hybrid work. Across industries, the future of work centers on flexibility. Internal survey and external research also show that hybrid work positively impacts job satisfaction, morale, and productivity, and advances progress around key strategic goals. It is a critical component in establishing the County as an employer of choice that can recruit and retain top talent, especially in hard-to-recruit areas like IT and Finance. 2100 Pontiac Lake Road | County Executive Building 41W | Waterford, MI 48328 | Fax (248) 452-9172 | OakGov.com NON-HYBRID WORK/LIFE BALANCE ENHANCEMENTS RECOMMENDED POLICY ACTION NON-UNION EMPLOYEES & UNION EMPLOYEES WITH LOA/CONTRACT LANGUAGE TIMEFRAME POLICY ACTION RATIONALE COMPLETED 1. Continue Healthy Workplace Policy (already approved, provides additional paid time to on-site employees.) Providing additional paid days off for on-site employees with highly contagious and dangerous illnesses protects the workplace, other employees, and the public while preserving the on-site employee’s leave banks. COMPLETED 2. Limit access to overtime/call-in during weather emergencies to on-site staff (already implemented, limits OT during emergencies to on-site employees.) Only on-site employees receive pay premiums/call- in pay/overtime when required to work during emergency closures. Hybrid employees who can work from anywhere are expected to work. IMMEDIATE & ONGOING 3. Prioritize utilization of internal transfer/promotion when vacancies occur in hybrid eligible classifications. Employee surveys and focus groups reinforce that employees highly value a flexible work schedule, including a hybrid/remote option where operationally feasible. Efforts to first transfer/promote current employees to hybrid positions will better align existing staff and positively impact morale. IMMEDIATE & ONGOING 4. Ensure work rules/procedures fairly apply to all regardless of hybrid status. a. For example, the existing Hybrid Work Policy requires that hybrid employees remain flexible to meet operational demands. If there is a need for overtime, additional on-site support, or other scheduling situation, hybrid employees should be subject to the same expectations as others. b. The existing hybrid work policy provides that hybrid work schedules may be altered to accommodate operational needs. For example, if a hybrid schedule includes a Friday that many staff request off prior to a holiday, departments should require the hybrid worker(s) to alter their schedule to maintain on-site staffing rather than deny a day-off request for an on-site person. This is already in place through existing policy but can be strengthened through ongoing hybrid training, especially for supervisors+ who administer the policy day-to-day. 2100 Pontiac Lake Road | County Executive Building 41W | Waterford, MI 48328 | Fax (248) 452-9172 | OakGov.com 1/1/25 5. Provide an additional floating holiday for on-site employees. NOTE: Floating holidays have no cash value. An additional floating holiday for on-site employees offers additional flexibility and discretionary time to observe what is important to their families, religion, or culture. Hybrid employees enjoy the added flexibility of no commute, or the ability to start/end their day earlier, compress breaks, etc. 1/1/25 6. Prioritize on-site employees seeking daycare on-site at Little Oaks. It has been many years since there was a waiting list at Little Oaks daycare center. If the situation should arise, however, it makes sense to prioritize employees who are required to work on-site. 2025 7. Front load ten personal days (rather than the current five) at the beginning of each calendar year. NOTE: Personal days do not have cash value. It is a common challenge to bring new employees in with so few paid leave days in the early years of their employment, especially when hiring seasoned employees who are accustomed to more generous leave banks. Expanded personal leave will especially benefit on-site staff, who can access additional personal time off for work/life balance while preserving their annual leave for longer blocks of time away or to set aside for the annual buyback program. 2025 8. Modify annual leave buyback policy to apply only to on-site employees. Potential savings here could be used for future enhancements such as Dependent Flexible Spending Account match. Employees with a hybrid work option are better able to manage their work/life balance and have less need to utilize accrued leave banks to tend to personal/family needs such as medical or dental appointments. There has been a marked increase in the number of hours “sold back” following implementation of hybrid work options underscoring this new realityi. Limiting the buy- back bonus to non-hybrid employees is a more equitable application of this incentive and provides on-site employees a distinct financial advantage. 2025 9. Develop more expansive policies to encourage departmental flexibility in scheduling for on-site employees including: a. Permit occasional use of incidental time for medical/dental appointments (i.e. less than 1-hour permitted to start/end day or in connection with a lunch hour) b. Expanded use of flexible scheduling (start/end times, seasonal hours, Employee surveys and focus groups reinforce that employees most highly value a flexible work schedule that offers work/life balance. In particular, when there are weather/emergency situations, departments need more flexibility to delay start/early release or make one-time work- from-home emergency approvals to protect employee safety while balancing operational needs. 2100 Pontiac Lake Road | County Executive Building 41W | Waterford, MI 48328 | Fax (248) 452-9172 | OakGov.com 4/10 model, and other configurations that meet operational needs while promoting flexibility) c. A “core hours” approach for those who must be on-site daily but perhaps not the entire day. d. Enhanced departmental discretion in weather/emergencies Include in updated 5- Year Benefits Plan (Update in 2025 to run 2026 – 2030) 10. Create a match program for Dependent Flexible Spending Accounts for on-site employees. Fully on-site employees have less flexibility with dependent care and therefore rely more heavily on paid-care options. Providing a match program for dependent care flexible spending accounts for on-site employees is an important support. Include in updated 5- Year Benefits Plan (Update in 2025 to run 2026 – 2030) 11. Assess and implement work/life balance features for on-site employees. a. Convenience services like meal delivery, concierge support b. On-site pharmacy, dental and/or medical clinic c. On-site wellness opportunities Programs with low/no cost to the County that enhance employee’s convenience and work/life balance are an important way to demonstrate our commitment to employees who do not have a hybrid option. Include in updated 5- Year Benefits Plan (Update in 2025 to run 2026 – 2030) 12. Create policies that prioritize on-site amenities for on-site employees. a. Prioritize on-site employees when assigning offices or workstations b. Create shared workspace for hybrid employees c. Prioritize on-site employees’ ergonomic enhancements (standing desks, ergonomic chairs) If there are limited resources related to the physical worksite, those who are on-site 100% should be prioritized. i HISTORIC USE & COST OF ANNUAL LEAVE BUY-BACK Year # Employees # Hours Total Paid 2018 298 11,654 $ 419,151 2019 297 11,659 $ 435,741 2020 439 16,544 $ 603,357 2021 419 16,239 $ 659,627 2022 475 27,146 $ 1,143,717 2023 393 17,097 $ 765,074 2024 420 16,009 $ 737,787 Hybrid Work September 10, 2024 2Marsh & McLennan Agency LLC 4 Diversity, Equity, and Inclusion Employees who are black, LGBTQ+, or living with a disability are more likely to leave if hybrid work is not offered4 1 Thriving & Inclusive Economy Fully flexible companies outperformed non-flexible organizations by 16 percentage points on revenue growth1 2 Healthy Residents 71% of remote workers reported improved work / life balance2 58% of remote workers reported less burnout2 3 Skilled & Educated Workforce 79% of the workforce states flexible work as a priority3 Strategic Goals Executive Summary 6 6 Organizational Excellence 79% of employees believe that flexible work options are a workplace benefit that impacts job satisfaction the most in 20246 5 Environmental Sustainability Hybrid workers who work from home two to four days per week can reduce their carbon footprint by 11% - 29%5 1)https://flexindex.substack.com/p/new-data-revenue-growth-and-flexibility, https://www.canva.com/design/DAFwaFvbYas/1_Maguz8DmUAPGkfYS4wxg/view?utm_content=DAFwaFvbYas&utm_campaign=designshare&utm_med ium=link&utm_source=publishsharelink#1 2)https://www.gallup.com/workplace/398135/advantages-challenges-hybrid-work.aspx 3)https://www.mckinsey.com/mgi/our-research/empty-spaces-and-hybrid-places-chapter-1 4)https://www.mckinsey.com/capabilities/people-and-organizational-performance/our-insights/hybrid-work-making-it-fit-with-your-diversity-equity-and-inclusion-strategy 5)https://www.pnas.org/doi/10.1073/pnas.2304099120 6)https://www.forbes.com/advisor/business/workplace-benefit-trends-by-generation/ 3Marsh & McLennan Agency LLC Summary Current State of Hybrid Work – According to Flex Index 65% Of government organizations offer hybrid work Of organizations with 500-5,000 employees offer hybrid work Of organizations offer hybrid work Of organizations in Michigan offer hybrid work 80%61%69% Q1 2024 Flex Index Report, N=5,859 Companies 4Marsh & McLennan Agency LLC Number of Days Working Remotely 60 206 120 18 27 58 29 0 0 50 100 150 200 250 1 Day Remote 2 Days Remote 3 Days Remote 4 Days Remote On average, how many days per week do you work remotely? Leader Individual Contributor 5Marsh & McLennan Agency LLC Diversity, Equity, and Inclusion Younger Employees Ages 18-34 were more likely to leave than older employees (55-65) if hybrid work wasn’t available 59% Black Employees Are more likely to leave than their white peers 14% LGTBQ+ Employees are more likely to leave than heterosexual employees 24% Disabilities Employees are more likely to leave than employees without disabilities 14% The body of research is expanding continuously but points to hybrid work having a positive impact on DEI within organizations. Of those who prefer hybrid work, 71% say they are likely to look for other opportunities if it is not available where they work now. https://www.mckinsey.com/capabilities/people-and-organizational-performance/our-insights/hybrid-work-making-it-fit-with-your-diversity-equity-and-inclusion-strategy 15% of hybrid employees at Oakland County are BIPOC compared to the 11.7% of the total workforce 6Marsh & McLennan Agency LLC New Employment if Hybrid Option Not Offered Individual contributors and leaders working 2-4 days remotely are more likely to strongly agree and agree that they would look for new employment if hybrid work were removed. Nu m b e r o f D a y s W o r k i n g H y b r i d This slide contains the following visuals: If the ability to work hybrid was removed, I would look for new employment. Please refer to the notes on this slide for details Leaders reporting the highest likelihood to look for new employment if hybrid work were removed. This question had the lowest overall percent of strongly agree and agree. However, combining the responses of strongly agree and agree, >50% of employees would look for new employment if hybrid work were removed. 7Marsh & McLennan Agency LLC Inclusive Benefits Analysis Survey Completed by 1,589 (44%) Oakland County Full-Time Employees Flexible and remote work were the #2 and/or #3 most desired benefit across all age groups, all salaries, all genders, races, gender identities, sex at birth, and sexual identities. For the $200,000+ employees, flexible and remote work were their first and second selections. 313 employees reported working hybrid yet 822 reported interest in remote work and 837 employees reported interest in flexible work. Interest in New Offerings Question: Which of the following voluntary lifestyle benefit enhancements would interest you? 8Marsh & McLennan Agency LLC STRATEGIES TO ENHANCE THE ON-SITE WORK EXPERIENCE 2025 / In Benefits 5-Year Plan Update Accrue 10 personal days/year (rather than 5) and increase cap from 15 to 20 for all employees Create match program for Dependent Flexible Spending Accounts for on-site Promote maximum flexibility for on-site Prioritize on-site amenities for on-site employees and expand work/life balance features for on-site Implement 1/1/25 Add a floating holiday for 100% on-site Provide annual leave buy-back for 100% on-site only Prioritize Little Oaks enrollment for 100% on-site Already Implemented Connect employees to hybrid work if they want it Safeguard administrative fairness & consistency Continue Healthy Workplace Policy for on-site (3+ days for 100% on-site) Continue emergency closure incentives for on-site 1 Hybrid Work Policy PURPOSE OF HYBRID WORK PROGRAM Hybrid Work is defined as an arrangement where an employee works one or more days each work week from a remote location, usually the employee’s home, instead of commuting to the assigned County work site. The purpose of the Hybrid Work Program is to meet department missions and operational needs by helping the County to reduce real estate and energy costs, promote management efficiencies, increase County responsiveness in severe weather and other emergencies, enhance the recruitment and retention of highly qualified employees and respond to the changing expectations of alternative workspace environments. The following policy is meant to assist departments with administering a Hybrid Work Program consistently and equitably. POLICY APPLICABILITY AND ELIGIBILITY While the County supports a hybrid model as a work arrangement where possible and beneficial, because of the breadth and depth of Oakland County’s services and responsibilities, remote work will vary across the County and may not be an option for every department, team, or individual. The determination of whether staff are eligible to participate and approved for a hybrid work arrangement will be made in accordance with this policy and the department’s business needs. Departments may have additional rules or requirements surrounding hybrid work arrangements due to the nature of their work. In the event any provision of this policy, or a departments policy, conflicts with an applicable provision of a collective bargaining agreement or binding past practices, the latter shall prevail. Departments offering hybrid work schedules must have a formal hybrid work plan in place that conforms to the Hybrid Work Policy on file with the Department of Human Resources by January 1st every year. Human Resources will provide hybrid utilization reports to support departmental monitoring and compliance. Departmental plans must specify: 1. What schedule the department and/or division will allow for employees (# of days a week) to be remote. 2. Which classifications within the department are eligible for hybrid work 3. Which classifications within the department are required to be on-site, in-person 100% 4. How managers/supervisors will determine, approve, and monitor hybrid work schedules 5. Whether there will be mandatory in-person collaboration days 6. Whether there are minimum in-person staffing requirements 7. How individual staff productivity and performance will be monitored 8. How customer service standards and operational performance will be monitored 9. Training: Supervisors/Managers with hybrid employees are required to participate in training on how to effectively manage a hybrid/remote workforce; employees working remotely must attend training related to “How to Work Best in a Virtual Environment”. Employees using a hybrid arrangement must submit a signed Hybrid Work Agreement and their schedule in Workday for approval. HR will audit departments periodically to ensure that all employees have filed their schedules. 2 CONDITIONS OF EMPLOYMENT Hybrid work arrangements do not change the conditions of employment or required compliance with County policies. Independent of work site, all employees are subject to the basic duties, obligations and responsibilities of County employment and are expected to adhere to all County policies, including but not limited to: Oakland County Merit Rules Non-Discrimination Policy Driver Safety Policy Oakland County Standards of Conduct Workplace Violence Policy Drug Free Workplace Electronic Communications and Use of Technology Policy Sexual Harassment Policy In particular, employees must ensure that their hybrid work arrangement does not compromise the handling of sensitive, private, confidential personal or County data or information. Oakland County Information Technology’s Secure Teleworking Guidelines can be found here. Additionally, to comply with the Workplace Violence Policy, any personal weapons in the remote work location (guns, knives with a blade of more than 3.5 inches, or any other weapons) must be stored according to state and local laws. Failure to abide by the terms of this policy and the policies listed above may result in discipline or revocation of the hybrid work privilege. COMPENSATION AND BENEFITS An employee’s compensation and benefits are not affected by hybrid work status. However, the employee is responsible for any tax implications under IRS, state, and local government laws relating to working from a remote location; For example, County employees who pay Pontiac income taxes and work more than 25% remotely must file a PW-4 and provide supplemental documentation of work site. Oakland County management will provide confirmation of the number of hours worked at the remote work location for employee tax purposes. WORK HOURS AND OVERTIME The total number of hours that employees are expected to work will not ordinarily change due to participation in a Hybrid Work Arrangement. All hours worked by employees subject to the Fair Labor Standards Act are compensable. Any hours worked beyond an hourly employee’s normal work schedule must be authorized in advance by the employee’s immediate supervisor. If an hourly employee works beyond their normal work schedule without prior approval, they must report the additional time worked to their immediate supervisor the next workday. Failure to obtain supervisory approval may result in the termination of the Hybrid Work Arrangement and possible disciplinary action. Employees are not permitted to perform personal business or activities or secondary employment during designated remote work hours (excluding defined break periods). Personal business includes, but is not limited to, caring for dependents, and performing other personal or home duties. 3 WORK SCHEDULE Typically, an employee’s work hours will be the same as the department’s normal operating hours. However, departments have the flexibility to allow employees working remotely to work a schedule that is different from the department’s normal operating hours, if deemed appropriate and necessary. For non-exempt employees, the manager and the employee must establish a hybrid work schedule and employee availability that: • Identifies the specific days and hours the employee will work remotely; • Identifies the approved Remote Work Locations; • Includes whether the employee must be available by phone, email, or instant messenger during the scheduled work hours (excluding defined break periods). For exempt employees, the manager and the employee shall discuss the use of a flexible hybrid work schedule and employee availability that: • Recognizes that these employees will need flexibility in their remote workdays on a weekly basis. Specific days and hours are not required to be identified. • Identifies the approved Remote Work Locations; • Includes whether the employee must be available by phone, email, or instant messenger during the scheduled work hours (excluding defined break periods). Periodic adjustments to the remote work schedule may be necessary to achieve an optimal schedule, which suits the needs of both the County and the employee. The hybrid work schedule may need to be revised, or terminated in totality, should office coverage become a problem due to any changes in work demands or office staffing, either on an interim or ongoing basis, or due to other operational needs. ON-SITE MEETINGS There may be times when a non-exempt employee is required to attend on site meetings on their scheduled remote workday. When possible, an employee will be given at least 24 hours advance notice of events which require their physical presence at the County worksite. If the employee is required to be present at the County worksite on their designated remote workday, they may switch their remote workday during the same work week with supervisor approval. LEAVE USE Procedures for requesting leave will remain unchanged. The employee is responsible for obtaining leave approval in advance and keeping appropriate personnel informed of leave usage in accordance with Department policy and/or procedure. Hybrid work is not intended to be used in place of personal leave, Family and Medical Leave, Workers’ Compensation leave, or other types of leave. DEPENDENT CARE Hybrid workers must make advance arrangements for dependent care to ensure a productive work environment. Remote work is not intended to be a substitute for day care or other personal obligations. It is expected that the hybrid worker shall continue to make arrangements for dependent care to the same extent as if the employee was working onsite. 4 REMOTE WORK LOCATION Oakland County is a public employer whose taxpayers pay its employees’ salaries. Therefore, it is important that Oakland County employees live in or within a reasonable distance of the region they serve. Reasonable distance will be determined on a case-by-case basis by the department and/or Human Resources based on departmental business needs. As with all employees, commuting to and from work is considered personal time. Consequently, employees will generally not be compensated for travel between their place of residence or remote work location and the onsite work location. However, the employee will not be charged leave time for commute to their work location due to equipment failures, power outages or other unexpected contingencies. REMOTE WORKSPACE The employee’s remote workspace is considered an extension of the County’s workspace. Hybrid workers must maintain a distinct separation between work activities and personal activities by ensuring safe and suitable workspace that is appropriately confidential and free of distractions that may interfere with work. The remote workplace should be maintained in a safe condition, free of hazards that might endanger the employee or County equipment. The remote workspace is subject to inspection with reasonable advance notice in the event of an injury. The County will not be responsible for costs associated with the setup of the employee’s remote work office, such as remodeling, furniture, or lighting, nor for repairs or modifications to the remote office space. No County owned furniture (chairs, desks, etc.) may be removed from the primary work location for use in a remote work location. The County is not liable for damages to the employee’s personal or real property while the employee is working at the remote workplace. Hybrid workers must not conduct in-person meetings with customers or co-workers at the remote work location. INFORMATION CONFIDENTIALITY AND RECORD RETENTION Employees are responsible for protecting the confidentiality, integrity, and availability of data, information, and paper files used when working remotely. Remote workers must follow all applicable County, federal, state, and departmental policies, laws, and regulations to protect data accessed or maintained while working remotely. In addition, remote employees are also required to: • Protect information assets from unauthorized access and use by others, including family members, friends, and other visitors; • Store information assets only in secured locations and not in unattended or unlocked vehicles or other locations where they may be easily stolen; • Ensure that personally owned systems used for remote work purposes meet or exceed County security requirements. Employees must ensure they are in compliance with their department’s document retention protocols including securing sensitive information and properly preserving, storing, and archiving all relevant documents and materials. 5 WORKERS COMPENSATION Injuries sustained by the employee in a remote office location in conjunction with their regular work duties may be covered by workers compensation, and consequently, employees are responsible for reporting work related injuries to their supervisor and the Office of Risk Management as soon as practicable by filing an Injury on the Job Report. Workers compensation does not apply to non-job-related injuries that occur in an employee’s remote work location or injuries sustained during a commute trip in the employee's personal vehicle; and does not cover claims for injuries to third parties, including members of the employee’s family, or damage to property that occurs at the remote work location. EQUIPMENT AND SUPPLIES Departments may provide equipment including computer hardware and work cell phones as deemed necessary. Generally, printers and printing materials will not be provided for remote work locations. In limited circumstances, and with supervisor approval, printing materials may be available to the employee. Employees should plan to print necessary materials when at their primary County work location. Employees must take appropriate steps to minimize damage to County-owned equipment. Any equipment supplied by Oakland County is to be used for business purposes only. Remote workers must promptly notify the employer of an equipment malfunction or failure of either County or personally owned equipment. Remote workers must return county owned hardware, software, supplies, documents, and other information or property to the County work location before ending the hybrid work arrangement or employment. ADA ACCOMMODATIONS Any employee’s request to work remotely as a reasonable accommodation under the Americans with Disability Act (ADA) will be administered consistent with the County’s reasonable accommodation policy. Allowing an employee to work at an alternate work location may be a viable outcome of the interactive accommodations process under the ADA if the employee’s qualifying disability prevents them from performing the essential functions of their job at their designated duty station unless the request creates an undue hardship on the employer. EMERGENCIES AND OTHER UNEXPECTED CONTINGENCIES If an equipment failure or power outage occurs at the remote work location which affects the ability to complete work tasks, the employee must promptly contact their supervisor. The employee may be required to report for work at the primary work location to complete their workday or use personal leave to account for the time. The employee will not be charged leave time for commute to their work location due to equipment failures, power outages or other unexpected contingencies. THE HYBRID WORK AGREEMENT Each employee shall review and sign a Hybrid Work Agreement to certify their understanding of the terms of their Hybrid Work Arrangement. The Hybrid Work Agreement shall include: • The non-exempt employee’s expected regular schedule, including days of the week they will be working remotely, hours worked per day, and lunch times; 6 • The address of the employee’s expected work site (usually the employee’s home), plus any alternative work sites; • The work expectations of the employee and any specific safety and security responsibilities; • The employee’s remote work contact phone number. This agreement shall be reviewed by the manager and employee at least annually, to coincide with the employee evaluation cycle where possible. The agreement must be signed by the employee and manager, and any other members of management designated by the department. If an employee transfers to another position, they are not guaranteed eligibility for hybrid work in the new position. TERMINATION OR MODIFICATION OF THE HYBRID WORK AGREEMENT Hybrid Work Arrangements are subject to ongoing review and may be modified, adjusted, suspended, or terminated at any time by management (or when requested by the employee). Reasons for termination of a Hybrid Work Arrangement include, but are not limited to the following: • Conduct or other performance concerns; • Adverse effect on customer service; • Failure to adhere to accurate time reporting; • Engaging in non-work-related activity (excluding defined break periods) during scheduled work hours; • Requirements of the hybrid work arrangement are not fulfilled. Management will provide two weeks prior notice, when feasible, before modifying, suspending, or terminating a Hybrid Work Arrangement to allow the affected employee to make necessary arrangements. If a Hybrid Work Agreement is terminated, employees are responsible for returning all County property and all work product to the worksite and resume onsite work within the timeframe provided by the department. An employee who refuses to comply with the termination or modification of a Hybrid Work Agreement will be subject to disciplinary action. A hybrid work arrangement that is terminated due to disciplinary action may be reinstated should the disciplinary action be successfully appealed. EMPLOYEE RESPONSIBILITIES An employee’s job responsibilities will not change due to participation in the Hybrid Work Program. The Manager may require the employee to submit regular status reports or other information to help evaluate work performance. A decline in work performance or a decline in service to the employee’s internal and external customers may result in adjustments to the Hybrid Work Arrangement or termination from the Hybrid Work Program. The employee’s duties, obligations, responsibilities, and conditions of employment with the County will be unaffected by remote work. The employee must maintain compliance with all County policies including the Computer Use & Security Policy and remain subject to disciplinary action for any failure to abide by all County policies and these guidelines. Employees are required to: • Maintain a high level of public service. • Follow the provisions of the Hybrid Work Program. • Follow all applicable laws, rules, regulations, directives, codes, policies, and procedures relating to workplace conduct and performance. 7 • Perform according to established workplace expectations and communication protocols, including workplace-appropriate dress and video conferencing backgrounds. • Refrain from performing non-County work during their remote work schedule (excluding defined break periods). Employee Remote Workspace and Safety Responsibilities • Maintain a workspace with an internet connection where they can reliably perform work and remain available and responsive during scheduled work hours. • Maintain a safe, productive, and functional workspace. • In the event of a job-related incident, accident or injury during remote working hours, the employee shall report the incident to their supervisor as soon as possible and follow established procedures to report and investigate workplace injuries or incidents. The employee must also allow the County to inspect their home workspace if a job-related injury has occurred. • Refrain from holding work meetings with co-workers, external clients, or customers at the employee’s home. • Limit use of County equipment for business purposes only. Employee Security Responsibilities • Maintain and secure County-provided equipment in the remote work site; • Return County-provided equipment promptly when requested; • Maintain the confidentiality and security of County information and documents; • Prevent unauthorized access to County systems and data; • Maintain and dispose of work-related documents in a secure and appropriate manner; • Be responsible for the maintenance and repair of their personal equipment that is used for remote work. (Note: County information stored on an employee’s personal device may be subject to public records disclosure requirements). MANAGEMENT RESPONSIBILITIES Oakland County management shall ensure that hybrid workers abide by the terms of this policy while maintaining a high level of public service. Managers and supervisors are required to: • Ensure that employees are provided with the resources, training, equipment and supplies necessary for effective hybrid work. • Be available to engage in regular, predictable, and supportive communication with all employees regardless of hybrid work status. • Establish and monitor performance expectations and protocols for all employees regardless of hybrid work status. • Encourage active communication between all employees regardless of work location. • Ensure equitable distribution of workload regardless of employee work location. • Periodically evaluate the effectiveness of Hybrid Work Arrangements and include in performance evaluations. • Maintain copies of all hybrid work documentation. Additionally, department directors are required to monitor policy use by division managers to ensure that the policy is being applied consistently and equitably. Human Resources will generate hybrid work utilization reports and support departmental monitoring and compliance efforts. 8 TRAINING Oakland County will provide training on how to maximize the benefits of hybrid work arrangements to all employees, managers and supervisors participating in the Hybrid Work Program. Employees are required to stay current on all mandatory training, including, but not limited to, Information Security, IT, HIPAA, and CJIS (Criminal Justice Information System). QUESTIONS Contact Labor Relations with questions regarding this policy.