Common use of Teleworking Clause in Contracts

Teleworking. ‌ Pursuant to Executive Order 16-07, the Employer may allow employees to work from an alternate worksite. 7.1 The Office of Administrative Hearings recognizes that the practice of using technology to perform required job functions from home or another alternate worksite supports the agency’s ability to serve the residents of the State of Washington and execute the agency’s mission in an efficient and effective manner. Benefits may include improved recruitment and retention, increased productivity and morale, reduced use of sick leave, reduced parking needs and office space, and reduction of commute trips, pollutants, energy consumption, and our carbon footprint. 7.2 The Employer shall make reasonable efforts to assign work, schedule hearings, and establish administrative processes so as to maximize the availability of a variety of 7.3 An ALJ may request a telework schedule at any time, subject to the limitations in 7.4 The Employer may require any teleworker, including full-time teleworkers, to report to an agency office or other reasonable location for meetings, trainings or other events in the discretion of the Employer with reasonable notice. In addition, the Employer may require an ALJ who is authorized to telework to temporarily change their telework schedule and report to an agency office or other reasonable location for a period of five (5) consecutive business days or less, due to caseload- related reasons, or mandatory in-person training. Except in emergent circumstances, the Employer will give the ALJ at least seven (7) days’ notice and the reason for the temporary change in writing. 7.5 The Employer may cancel or modify an ALJ’s authorization to telework to respond to concerns about the ALJ’s ability to meet one or more of the teleworking requirements, or to respond to changes in strategic/operational needs. If the reason for cancellation or modification is related to concerns about the ALJ’s ability to meet one or more of the teleworking requirements, the ALJ’s supervisor shall discuss concerns with the ALJ before taking action to cancel or modify an approved telework agreement, and shall provide an opportunity to correct those concerns prior to cancellation or modification. Unless circumstances require immediate rescission, the Employer shall provide the ALJ as much notice as possible but no less than fourteen (14) days’ written notice prior to the cancellation or modification of a telework agreement. In all cases, the Employer will notify the ALJ of the reason(s) for the cancellation or modification in writing. 7.6 An ALJ whose telework privileges have been cancelled, modified or denied by the Employer without their agreement may request reinstatement of telework privileges no more than once every ninety (90) days, except in emergency or unforeseen circumstances. If the Employer determines that the issues which led to the change in the telework agreement have been resolved, the ALJ’s telework privilege will be reinstated. 7.7 An ALJ will have seven (7) days from the date of the notice of denial of telework under 7.3, cancellation or modification of telework under 7.5, or denial or reinstatement of telework under 7.6, to submit a written Request for Review of the action to the Chief ALJ or the Chief’s Designee. The Chief ALJ or Chief’s Designee shall issue a written decision on the request within 7 days of receipt. 7.8 The Employer may need to revoke telework privileges for business needs that are not related to an ALJ’s performance or a violation of the teleworking requirements. The Employer will determine when business needs demand revocation of telework privileges and will provide any affected ALJ with as much notice as possible but at least fourteen (14) days’ notice, except in emergent circumstances. 7.9 ALJ’s hired into permanent positions on or after July 1, 2023 may perform telework only at alternative worksites located within Washington State plus any counties in Oregon or Idaho that share a border with Washington. 7.10 Substantive decisions by the Chief under Section 7.7 are not subject to Article 19, the Grievance. The remainder of this article is subject to Article 19, Grievance Procedure.

Teleworking. ‌ Pursuant to Executive Order 16-07, the Employer may allow employees to work from an alternate worksite. 7.1 The Office of Administrative Hearings recognizes that the practice of using technology to perform required job functions from home or another alternate worksite supports the agency’s ability to serve the residents of the State of Washington and execute the agency’s mission in an efficient and effective manner. Benefits may include improved recruitment and retention, increased productivity and morale, reduced use of sick leave, reduced parking needs and office space, and reduction of commute trips, pollutants, energy consumption, and our carbon footprint. 7.2 The Employer shall make reasonable efforts to assign work, schedule hearings, and establish administrative processes so as to maximize the availability of a variety ofof telework options to ALJs, while continuing to meet the agency’s strategic and/or operational needs. The Employer may establish reasonable policies and procedures governing when and how a telework schedule will be initially approved, and defining the standards that must be met in order to continue teleworking (collectively referred to in this article as the “teleworking requirements”). These requirements must be reasonably related to an ALJ’s job, such as requirements regarding the alternate worksite, confidentiality, technology, or the agency’s strategic and/or operational needs. 7.3 An ALJ may request a telework schedule at any time, subject to the limitations inin 7.7 below. The Employer will not unreasonably deny requests, and the reasons for any denial will be provided to the ALJ in writing. The Employer may offer teleworking authorization to an ALJ at any time, even if the ALJ has not made a request. It shall be considered reasonable to deny teleworking authorization to an ALJ who is in their first six months of employment with the agency. 7.4 The Employer may require any teleworker, including full-time teleworkers, to report to an agency office or other reasonable location for meetings, trainings or other events in the discretion of the Employer with reasonable notice. In addition, the Employer may require an ALJ who is authorized to telework to temporarily change their telework schedule and report to an agency office or other reasonable location for a period of five (5) consecutive business days or less, due to caseload- caseload-related reasons, or mandatory in-person training. Except in emergent circumstances, the Employer will give the ALJ at least seven (7) days’ notice and the reason for the temporary change in writing. 7.5 The Employer may cancel or modify an ALJ’s authorization to telework to respond to concerns about the ALJ’s ability to meet one or more of the teleworking requirements, or to respond to changes in strategic/operational needs. If the reason for cancellation or modification is related to concerns about the ALJ’s ability to meet one or more of the teleworking requirements, the ALJ’s supervisor shall discuss concerns with the ALJ before taking action to cancel or modify an approved telework agreement, and shall provide an opportunity to correct those concerns prior to cancellation or modification. Unless circumstances require immediate rescission, the Employer shall provide the ALJ as much notice as possible but no less than fourteen (14) days’ written notice prior to the cancellation or modification of a telework agreement. In all cases, the Employer will notify the ALJ of the reason(s) for the cancellation or modification in writing., 7.6 An ALJ whose telework privileges have been cancelled, modified or denied by the Employer without their agreement may request reinstatement of telework privileges no more than once every ninety (90) days, except in emergency or unforeseen circumstances. If the Employer determines that the issues which led to the change in the telework agreement have been resolved, the ALJ’s telework privilege will be reinstated. 7.7 An ALJ will have seven (7) days from the date of the notice of denial of telework under 7.3, cancellation or modification of telework under 7.5, or denial or reinstatement of telework under 7.6, to submit a written Request for Review of the action to the Chief ALJ or the Chief’s Designee. The Chief ALJ or Chief’s Designee shall issue a written decision on the request within 7 days of receipt. 7.8 The Employer may need to revoke telework privileges for business needs that are not related to an ALJ’s performance or a violation of the teleworking requirements. The Employer will determine when business needs demand revocation of telework privileges and will provide any affected ALJ with as much notice as possible but at least fourteen (14) days’ notice, except in emergent circumstances. 7.9 ALJ’s hired into permanent positions on or after July 1, 2023 may perform telework only at alternative worksites located within Washington State plus any counties in Oregon or Idaho that share a border with Washington. 7.10 Substantive decisions by the Chief under Section 7.7 are not subject to Article 19, the Grievance. The remainder of this article is subject to Article 19, Grievance Procedure.