HomeMy WebLinkAbout2022-105 (Flexible Work Arrangement Policy)City of Stillwater
Washington County, Minnesota
RESOLUTION 2022-105
APPROVING FLEXIBLE WORK ARRANGEMENT POLICY
WHEREAS, the City of Stillwater, complies with Federal and state labor laws; and
WHEREAS, a flexible work arrangement is a business and workplace strategy, not an
employee benefit or employee right, and approval or denial is at the sole discretion of the
City; and
WHEREAS, the City's goal is to maintain or improve employee productivity in the
delivery of public services while providing employees with scheduling options that foster a
productive, healthy and responsibly -managed workplace.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Stillwater
hereby approves a one-year program for September 1, 2022 to September 1, 2023 offering
a flexible work arrangement option to individuals employed by the City of Stillwater, pursuant
to the attached flexible work arrangement policy.
Adopted by the Stillwater City Council this 16th day of August, 2022.
CITY OF STILLWATER
Ted -Kozlowski, ayor
ATTEST:
Beth Wolf, City Cler
CITY OF STILLWATER
Flexible Work Arrangement Policy
Scope
This policy governs work -life opportunities of employee groups with the City of Stillwater. All City
of Stillwater employees (union or non -union, full time or part-time) may be considered for a flexible
work arrangement with the following considerations:
■ Must be employed with the City for six or more months
• Must have satisfactory performance
Goal
The City's goal is to maintain or improve employee productivity while providing employees
scheduling options that foster a productive, healthy and safe workplace; and helps employees
effectively integrate and manage their work and personal life responsibilities, and can enhance
their overall well-being and improve job satisfaction.
A flexible work arrangement is a business and workplace strategy, not an employee benefit or
employee right, and approval or denial is at the sole discretion of the City. The City seeks to
effectively address the personal needs of employees and the needs of their respective units and
strives to provide for a responsibly managed workplace through careful selection, preparation, and
accountability of supervisors, managers and leaders.
Definitions
Core Hours: A fixed block of time when staff are expected to be available. For the City of
Stillwater, those hours are Monday through Friday between 9:00 a.m. and 3:00 p.m. Employees
must be available during their normal work hours. Employees should be reachable by telephone,
video conferencing or some other form of live communication during the workday, as per their
arrangements with their supervisor and coworkers.
Employee Responsibility: The City expects employees to contribute to a welcoming, inclusive and
positive workplace; and support each other in effectively managing work and life responsibilities.
Employees shall be held accountable for workplace behaviors consistent with all applicable City
administrative policies, rules and collective bargaining agreements.
Employer Responsibility: Leaders, managers and supervisors shall be held accountable (and
recognized) for efforts that address the business needs of the City and promote employee well-
being.
Flexible Work Arrangements: Flexible work arrangements shall mean alternatives to the
standard schedule for individual positions, including flex time and remote work arrangements.
Well -Being: The physical, mental, psychological and emotional health of the employee.
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Types of Flexible Work Arrangements
Flextime: An arrangement in which an individual's total number of hours worked over the course of
a workweek (non-exempt employees) or a two -week pay period (exempt employees) does not
change, but there is flexibility in an individual's scheduled starting and ending times.
Flextime options can include:
• Fixed starting/ending times that change periodically
• Starting/ending times that vary by day (e.g. Four 9-hour days and one 4-hour day)
Remote work arrangement: A regular, routine arrangement that allows the employee to perform a
portion of their job outside of the City office. This type of arrangement specifies the number of
hours to be worked outside of the office and the specific days on which the work will occur.
Employees must be self-disciplined, self -motivated, and comfortable working away from the office
and without direct oversight. Positions suited for remote work arrangements are those that can be
performed successfully with minimal supervision and limited face-to-face contact.
There are three types of remote work arrangements (telecommuting):
• Intermittent - usually unplanned. Time is taken in separate blocks of time, or a reduced
schedule, for a planned reason. An intermittent schedule is set at 12 occurrences per year.
Permission should be documented and can be granted via e-mail exchange. Intermittent
remote work does not require a formal written agreement and is dependent upon the
mutual consent of the employee and their supervisor
• Short -Term - an arrangement that is for two weeks or less and may not require a formal
written agreement and is dependent upon the mutual consent of the employee and their
supervisor
• Long -Term - an agreement that lasts for more than two weeks, requires approval by
supervisor and department head and meets all requirements as defined in this policy
Process for Requesting a Flexible Work Arrangement
1. An employee must complete a flexible work arrangement request form and submit the form to
their supervisor.
2. The supervisor will arrange a time with the employee to discuss the flexible work arrangement
request.
3. Both the supervisor and the employee should use the meeting as an opportunity to ask
clarifying questions and ensure that both the supervisor and the employee have the same
mutual understanding about how the arrangement may work.
4. The request should be modified as necessary based on the discussion.
5. The supervisor makes a determination as to whether the request is approved.
6. If approved, the request will be submitted to the department head for final approval. The
determination of the department head is final.
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7. The department heads can submit an exception request to the City Administrator for review
and approval.
8. The approved request is routed to Human Resources who places it in the Personnel file.
9. Approved requests expire after 12 months. Each year thereafter, the employee can request
renewal and approval of same or modified request for another 12 months.
Guidance for All Flexible Work Arrangements
1. A flexible work arrangement is intended to formalize a short-term or long-term arrangement.
2. Flexible work arrangements must comply with State and Federal employment laws that apply
to all City employees. This includes, but is not limited to, the Fair Labor Standards Act (FLSA),
which regulates payment of overtime for exempt and non-exempt employees and which, for
non-exempt employees, governs matters such as required breaks.
3. Employees requesting a flexible work arrangement will evaluate:
• How the proposed schedule will sustain or enhance the ability to get the job done and the
ability of the work unit to maintain productivity and customer service
• What potential challenges, including potential additional costs, could the requested
alternative work schedule raise with:
a. External or Internal Customers
b. Co-workers
c. Supervisor
• What reasonable measurement would the employee propose for the employee and the
supervisor to constructively monitor the alternative work schedule and assess performance
(e.g., productivity and service) is meeting or exceeding expectations?
4. The supervisor will review and discuss request with employee ensuring that all aspects of the
agreement are addressed. Factors to consider when determining if the employee is a candidate
for telecommuting include but is not limited to:
• Ability for the supervisor to maintain an office presence during normal business hours
without the employee.
• Ability to perform job duties from a remote location, e.g. not customer facing, does not
provide office coverage, etc.
• Ability to perform job duties during approved work schedule and be available during
normal work hours.
• Ability to monitor or measure employee's work product.
• Availability of tools for remote work, i.e., VOIP, collaborative work forums such as Zoom,
etc. The employee must be reachable by telephone, e-mail, and camera -on
videoconferencing at a minimum.
• Employee's past and current job performance.
• Employee's work skills such as time management, organizational skills, self -motivation,
ability to work independently, etc.
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5. Flexible work arrangements must comply with all applicable City rules and regulations as well
as any applicable departmental rules, policies and procedures.
6. The job duties, responsibilities and obligations of the position are not affected by a flexible work
arrangement.
7. All employees with a flexible work arrangement must comply with overtime procedures as
outlined in the Employee Handbook (non -union employees) or Labor Agreement (union
employees).
8. Those with flexible work arrangements will be held to the same performance standards as they
would if they did not have a flexible work arrangement.
9. Department heads are responsible for determining the job -related criteria that will be used to
evaluate and approve employee requests for flexible work arrangements. Not all positions may
be appropriate for flexible work arrangements. Seniority is not a basis for selecting employees
for a flexible work arrangement.
10. Supervisors may need to temporarily adjust work schedules to meet the operational needs of
the division. Employees must be able to report to work accordingly with little or no notice.
11. If an employee needs to temporarily deviate from their flexible work arrangement, the
employee should seek and receive prior approval from their supervisor. Any changes to work
hours should be reviewed and approved by the supervisor in advance.
12. If a holiday falls on a day when an employee is generally scheduled to work more than eight
hours, the employee may either make those additional hours up elsewhere in the week (non-
exempt employees) or pay period (exempt employees) or use vacation to supplement the rest
of the scheduled workday.
13. Flexible work arrangements are not guaranteed or permanent. If the needs of the employer or
the employee change, either party can request adjustments. The Supervisor/Department Head
or the employee may cancel the arrangement by providing written notice up to 10 working days
in advance, with a review and a determination occurring within the timeframe. Approved
flexible work arrangements can be canceled at any time for any reason, by either party.
14. Those who are non-exempt (hourly) must report actual hours worked and may not work
overtime or additional hours that generate night or weekend differentials, without advance
approval. Differentials are not available if the employee chooses to work into the evening or
weekend of their own benefit.
15. Approved requests must be reviewed and renewed annually.
16. Family Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA): This policy
is not intended to cover situations in which an employee is requesting FMLA leave for
qualifying reasons or is requesting that the employer provide an accommodation under the
ADA due to a qualifying disability. Such requests must be directed to the Human Resources
manager and appropriate procedures and paperwork completed.
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Remote Work Arrangement - IT Equipment and Work Supplies
1. Supervisors are responsible for determining the type of equipment and supplies needed to
support a remote worker. The City will neither provide nor pay for remote connectivity,
whether in whole or in part.
2. The City assumes responsibility for the maintenance and repair of all City -owned equipment,
except in cases where damage occurs through an employee's gross negligence.
3. Equipment, hardware and software furnished by the City remains the property of the City and is
subject to the same business use restrictions as if the equipment were located in the main
business office. City -owned software should not be installed on employee hardware unless
authorized by the City. Employee -owned software should not be installed on City -owned
equipment.
4. All City -owned hardware, software, supplies, documents and other information or property
remains the property of the City no matter where it is located, and shall be returned prior to
termination of employment or at the request of the City.
5. Remote workers will be responsible for promptly notifying their manager of an equipment
malfunction, failure, theft or damage of City -owned equipment. If the equipment malfunction
prevents the remote worker from performing assigned tasks, they must notify their supervisor
immediately. They may be assigned to perform different tasks or to return to the City office
depending on their particular circumstance.
6. City -provided equipment, software, data, and supplies and other equipment are solely for the
purposes of conducting City business.
7. Office supplies needed for remote work will be obtained from the City office or through the
normal supply procurement process. Reimbursement for supplies purchased outside of this
process will not normally be allowed unless there has been prior agreement between the
employee and their supervisor regarding the necessity for purchase outside the City process.
Remote Work Arrangement - Data Privacy/Information Security
1. Provisions of the Minnesota Government Data Practices Act and program data privacy policies
must be followed when performing work away from the City office.
2. Physical files and/or documents with private data (e.g. client files) may not leave the City office.
3. Remote workers must provide security for the data and information that is used outside the
City office.
4. Access to shared drives will be completed only on City -owned hardware and via a Virtual
Private Network (VPN) connection. All electronic work produced shall be saved on the City
network.
5. Data created and maintained on a remote worker's personal device, if generated for the
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purpose of conducting City business, is subject to the City's record management and data
privacy rules and regulations. This means that proper retention and disposal procedures as
well as data privacy protections are required. Such data remains the property of the City.
Remote Work Arrangement - Communication and Travel
1. Remote workers are responsible for having a designated work area that allows them to report
to the office with one hour's notice or within the employee's normal commute, in the event an
employee's commute is longer than one hour.
2. Travel to and from the main business office for purposes of meetings or other work
requirements shall not be considered compensable hours and mileage will not be reimbursed.
3. A remote worker who is scheduled to work at home on a day that is declared to be an
emergency closing is expected to work at home as scheduled.
4. Remote workers are expected to develop an effective communication strategy with their
supervisor and other team members. It is expected that remote workers will be reachable by
telephone or electronic communication during core and/or other agreed -upon work hours and
that messages will be returned promptly, just as they would be if the employee were working at
the City office. Additionally, employees and supervisors should participate in check -in meetings
to ensure that the supervisor is fully apprised of the work that employee is performing, and to
give the employee appropriate opportunities to seek guidance on their work.
5. Remote workers are expected to attend all assigned office meetings related to the performance
of their job, including those scheduled on a day otherwise assigned for remote work.
Remote Work Arrangement - Work Environment, Tax and Insurance
Considerations
1. Remote workers are responsible for providing a work area suitable to completing the work
assigned. The area should be ergonomically appropriate, safe, free from distraction, and provide
sufficient discretion and privacy to carry out necessary tasks. Remote workers are solely
responsible for the costs associated with making any designated work space compliant.
2. A remote worker's existing insurance policy may not include coverage for liability arising out of
the use of a residence for a business purpose. Remote workers are solely responsible for
determining an appropriate level of coverage based on their own circumstances.
3. Federal and State tax implications of remote work and the potential use of a home office are the
responsibility of the employee.
4. An employee is covered by all benefits and laws pertinent to the course and scope of
employment while working remotely. Any injury that occurs within the course and scope of
employment must be immediately reported to the employee's supervisor. If an employee has a
designated home workspace, that space is considered an extension of the City's workspace
during scheduled remote work hours for purposes of worker's compensation.
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5. A remote work arrangement is not a substitute for dependent or childcare. Time spent working
cannot also be used for the care of dependents.
Note: Pilot Policy approved by Stillwater City Council on August 10, 2021, with a one-year review
period to follow.
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Flexible Work Arrangement Request Form — City of Stillwater
To request a Flexible Work Arrangement, please complete the following request form and
submit to your supervisor for review.
Employee Name (print clearly):
Requested Start Date: End Date:
Minimum of 10 working days after submission
Criteria for Consideration:
❑ Employee has achieved employment >_ 6 months with the City of Stillwater
❑ Employee Has Satisfactory Performance with the City of Stillwater
Type of Flexible Work Arrangement Requested:
❑ Flextime
❑ Remote Work Arrangement (select one of the following):
0 Short -Term (<_ 2 weeks) 0 Long -Term (> 2 weeks)
Reason for Request:
List your current schedule & requested schedule:
Current Schedule
Begin/End Times
Sun.
Mon.
Tues.
Wed.
Thur.
Fri.
Sat.
Total Work
Hours/Wk.
Requested Schedule
Begin/End Times
Sun.
Mon.
Tues.
Wed.
Thur.
Fri.
Sat.
Total Work
Hours/Wk.
By signing below, I attest that I have read and understand the Flexible Work Arrangement Policy
and will adhere to the schedule outlined above. I understand that prior approval is required,
including any subsequent change to, or discontinuation of, a different alternative work schedule.
Final approval is the responsibility of the Department Head and, if approved, my flexible work
arrangement can be cancelled at any time for any reason, by either party.
Employee Signature: Date:
Supervisor Signature: Date:
❑ Approved. The arrangement will be reviewed on: 0 Denied
Comments/Explanation if Denied:
Checkpoints:
Employee and Supervisor will maintain checkpoints at the following frequency:
Dept. Head Signature: Date:
❑ Approved 0 Denied
Comments/Explanation if Denied:
EXCEPTION REQUEST
Department Head describes circumstances that justify the request for an exception -
Dept. Head Signature: Date:
City Administrator: Date:
0 Approved 0 Denied
pproved requests expire after 12 months. Each year thereafter, the employee can request
renewal and approval of same or modified request for another 12 months.
Distribution: Copies to employee and supervisor, route original to Human Resources for p-file
Human Resources\HR-Secured Aug 17 2021