GE - Telework Policy

File:  GE

Telework Policy

The Telework Policy provides guidelines on the teleworking program and defines the parameters of a telework arrangement.  Teleworking, also known as telecommuting, is the concept of working from home on a full or part-time basis, as hired.  Telecommuting is not a universal employee benefit; rather, it is an alternative method of meeting the needs of the Franklin Public Schools as warranted by particular circumstances.

FPS has the right to refuse to make teleworking available to an employee and to terminate a telework arrangement at any time. Employees are not required to telework. Employees have the right to refuse to telework if the option is made available. Indeed, teleworking is a voluntary work alternative that may be appropriate for some employees and some jobs. It is not an entitlement; it is not an FPS-wide benefit; and it in no way changes the terms and conditions of employment with FPS.

FPS’s policies for teleworking are as follows:

Application of Policy

Under normal circumstances, teleworking will generally not be an option for any FPS employee, as in-person work is required for most of the essential functions of our school district.  However, the Superintendent of Schools reserves the right to use discretion in approving telework arrangements on an individual basis. 

Procedure

Telecommuting arrangements will be considered on a case by case basis, taking into account the employee’s particular circumstances and job functions, as well as the operational needs of the school district. Any teleworking arrangement made will be subject to regular review on a monthly basis and upon the transition between learning models, and may be discontinued at any time at the request of the telecommuter or by FPS in its discretion.

Arrangement

Telecommuting is only available to employees with the prior written approval of the Superintendent of Schools or designee as a result of a remote assignment under the District’s learning model.  FPS will determine, with the employee’s input, the number of days of teleworking allowed each week, the work schedule the employee will customarily maintain, and the manner and frequency of communication. The employee must make themselves available on an as-needed basis as determined by the supervisor to engage in and complete tasks that cannot be done remotely, as determined by the supervisor.

Fair Labor Standards Act (“FLSA”)

Telecommuting employees who are not exempt from the overtime requirements of the Fair Labor Standards Act and will be required to record all hours worked in a manner designated by the organization.  Hours worked in excess of those specified per day and per workweek, in accordance with state and federal requirements will require the advance approval of the supervisor. Failure to comply with this requirement can result in the immediate cessation of the agreement.

Acknowledgment

Employees are required to sign a written acknowledgment that they have received, read, understood, and agreed to comply with this and any other related policy. In addition, employees are expected to comply with all other existing policies and procedures.

Compensation and Work Hours

The employee’s compensation, benefits, work status, and work responsibilities will not change due to participation in the teleworking program. The amount of time the employee is expected to work per day or pay period will not change as a result of participation in the teleworking program. The employee’s at-home work hours will conform to their regular schedule or contracted work hours. FPS can re-evaluate the teleworking arrangement on a regular basis.

Eligibility

Successful teleworkers must have the support of their supervisors. Employees will be selected based on the suitability of their jobs, an evaluation of the likelihood of their being successful teleworkers, and an evaluation of their supervisor’s ability to manage remote workers. Each school and the department will be consulted. All teleworkers must sign an agreement. The employee’s at-home work hours will conform to their regularly worked schedule.  Before entering into any teleworking agreement, the employee and FPS, with union involvement, as needed, will evaluate the suitability of such an arrangement.

Equipment/Tools

Equipment supplied by FPS will be maintained by FPS. Equipment supplied by the employee, if deemed appropriate by FPS, will be maintained by the employee. FPS accepts no responsibility for damage or repairs to employee-owned equipment. FPS reserves the right to make determinations as to appropriate equipment, subject to change at any time. Equipment supplied by FPS is to be used for work purposes only. The telecommuter must sign an inventory of all FPS property and agrees to take appropriate action to protect the items from damage or theft. Upon termination of employment, all FPS property will be returned to the FPS in accordance with other policies and procedures. Consistent with FPS's expectations of information security for employees, teleworking employees will be expected to ensure the protection of proprietary FPS information accessible from their home office. Steps include, but are not limited to, the use of locked file cabinets, desks, regular password maintenance, and any other steps appropriate for the job and the environment. Help desk support is available to all telecommute employees.

Dedicated Workspace

The employee will establish an appropriate work environment within their home for work purposes. FPS will not be responsible for costs associated with the initial setup of the employee's home office such as remodeling, furniture, or lighting, nor for repairs or modifications to the home office space. Employees will be offered appropriate assistance in setting up a workstation designed for safe, comfortable work. FPS may provide specific tools/equipment for the employee determined to be necessary to perform their current duties. The employee shall designate a workspace within the location for placement and installation of equipment to be used while teleworking. The employee shall maintain this workspace in a safe condition, free from hazards and other dangers to the employee and equipment.

Employees will have a dedicated, consistent, and distraction-free work area where the others will not see any other individuals, pets, television, or other screens.  Likewise, people in the employee’s home will not be able to see FPS students or staff.  Employees will limit their conversations/verbal interactions solely to the FPS students and staff members who are part of their virtual meeting.  During the workday, the employee will be dressed similar to what is acceptable in the workplace.

Supplies

Supplies will be provided by FPS as needed. Out-of-pocket expenses for other supplies will not be reimbursed unless by prior approval of the employee’s manager/supervisor.

Worker’s Compensation

During work hours per contract and while performing work functions in the designated work area of the home, teleworkers are covered by worker’s compensation.

Liability

The employee’s home workspace will be considered an extension of the FPS workspace. Therefore, FPS may be liable for work-related accidents that occur in the employee’s home workspace during the employee’s working hours while performing work functions in the home’s designated work area. FPS will be liable for work-related injuries or illnesses to the employee that occur during the employee’s agreed-upon work hours. The employee’s at-home work hours will conform to their regularly worked schedule. FPS assumes no liability for injuries to the employee occurring in the employee's home workspace outside the agreed-upon work hours. FPS is not liable for loss or destruction that may occur in or to the employee’s home.  FPS is not liable for loss or injury to the employee’s family members, visitors, or others that may become injured within or around the employee’s home.

Dependent Care

Telework is not a substitute for dependent care. Teleworkers will not be available to provide dependent care during their regularly worked schedule.  The focus of the arrangement must remain on job performance and meeting FPS demands. Prospective teleworkers are encouraged to discuss expectations of teleworking with family members prior to entering into a telework agreement.

Income Tax

It will be the employee’s responsibility to determine any income tax implications of maintaining a home-work area. FPS will not provide tax guidance nor will the District assume any additional tax liabilities.  Employees are encouraged to consult with a qualified tax professional to discuss income tax implications.

Communication

Employees must be available by teleconference, phone, and email during regularly scheduled work hours as prescribed by the educational expectations and needs of students.  All student and peer employee interactions will be conducted as needed. Employees will be available for classes, staff meetings, and other meetings deemed necessary by FPS.  FPS will not pay for work-related and data communication charges.

Evaluation

The employee remains obligated to comply with all FPS rules, practices, and instructions. Evaluation of teleworker performance will be consistent with that received by employees working at FPS in both content and frequency.

Employer

FPS reserves the right to take disciplinary action in accordance with FPS policies, procedures, and relevant collective bargaining agreements where necessary against employees who engage in prohibited or unlawful conduct. FPS reserves the right to terminate this arrangement at any time.

Adopted by School Committee:  12/8/2020