SAN JOAQUIN COUNTY
COVID-19 Telework Program Agreement
December 2020
PURPOSE:
The purpose of the Telework Program Agreement is to ensure that essential functions continue
at an alternative location during the disruption of normal operations. The department is
implementing this agreement to keep with the department mission and the respective County
departments we serve. This agreement is being initiated due to the current status of County
Operations and can be terminated or withdrawn, if deemed necessary, at any time.
PROJECT FRAMEWORK:
The Director of DEPARTMENT NAME or designee will assess and determine likely candidates to
participate in the teleworking program during the COVID-19 emergency. Potential candidates
must agree to participate; participation will be voluntary. Any agreement allowing an employee
to telework shall be pursuant to the procedures identified within this document. It is intended that
allowing employees to telework will ensure the County remains in compliance with the Governor’s
Stay at Home Orders and will diminish the likelihood of COVID-19 infection while allowing for the
ongoing conduct of County business without impact to the operations of the department or service
to its customers. The duties, obligations, responsibilities, terms and conditions of employment are
not changed when an employee engages in teleworking.
AUTHORITY:
Approval for any individual employee to engage in the telework program is at the sole discretion
of the Department Head or designee. The Department Head or designee reserves the right to
accept or reject an employee's request to telework based on what is in the best interest of the
department and County, and is consistent with existing applicable County policy. Should an
employee's request be denied, the decision is final and not subject to grievance procedure,
complaint, or any other appeal. The employee may request to meet with the Department Head
or designee to discuss the reason for denial.
Participation in the telework program is not mandatory. Employees must volunteer to participate
in the telework program. The Department Head or designee shall determine which employee
(and their associated work assignments) are appropriate for the teleworking program.
No employee may engage in teleworking without the express written consent of the Department
Head or designee. Teleworking is not an employee entitlement, and the employee, upon notice,
may be returned to a non-teleworking arrangement at the will of the Department Head or
designee.
Nothing in this document shall be construed to limit, amend, decrease, revoke or otherwise modify
the rights vested in the County by any law regulating, authorizing or empowering the County to
act or refrain from acting.
Add Dept Name Here
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CRITERIA FOR DETERMINING ELIGIBILITY TO PARTICIPATE:
The following criteria may be considered in determining an employee's eligibility to participate in
the teleworking pilot project:
Work assignments or job duties that allow the employee to be away from the office,
including risk factor associated with performing the job duties from a location separate
from the County worksite.
Has department approval to participate in the program.
Have satisfactory performance rating on current performance evaluation, with no
documented performance issues.
Be able to work independently.
Be able to manage time effectively as determined by the supervisor.
The nature of the work which will be performed, including the need for, and amount of,
interaction with the public, co-workers, and subordinates required by the position.
The ability or lack thereof to measure employee output or work product.
DEFINITIONS:
Teleworking The practice of a County employee engaging in authorized work for the
County at a teleworking site.
Teleworker A County employee engaging in authorized work for the County while at a
teleworking site.
Teleworking Site A location identified by the Department Head or designee to be an
alternate work site for the purpose of conducting authorized work for the County.
Telework workspace The designated area within a teleworking site where authorized
work is performed for the County.
Scheduled Teleworking Any teleworking arrangement that includes scheduled
teleworking for more than one business day in a calendar month.
CONDITIONS:
Working Conditions
All employees conducting work for the County at a teleworking site shall comply with all
County ordinances, rules, policies and procedures, including the Information Security
Program Acceptable Use Policy. Teleworking employees will be held to a higher standard
of compliance than non-teleworking employees due to the nature of the work arrangement.
Additional requirements may be imposed for teleworkers as deemed appropriate by the
Department Head or designee.
Teleworking arrangements will be made for approximately one month and may be
discontinued, at will, at any time at the request of either the teleworker or the County.
Evaluation of teleworker performance will be consistent with that received by employees
working at the office in both content and frequency but will focus on work output and
completion of objectives.
Those authorized to telework are expected to perform work for the County at the
teleworking site. Teleworking is not designed to be a replacement for appropriate child
care. Although an individual employee's schedule may be modified to accommodate child
care needs, the focus of the arrangement must remain on job performance and meeting
business demands. Prospective teleworkers are encouraged to discuss expectations of
teleworking with family members prior to entering into a trial period.
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Responsibility for fulfilling all obligations regarding tax and other legal implications for the
business use of the teleworker's home based on Internal Revenue Service (IRS) and state
and local government restrictions rests solely with the teleworker.
Work hours while teleworking shall be specified by the Department Head or designee and
shall be adhered to consistent with the Ordinance Code, applicable Memorandum of
Understanding (MOU) or Resolution, and the provisions of the Fair Labor Standards Act
(FLSA). No teleworker shall incur overtime hours without prior authorization. Teleworking
schedules may be subject to revision as deemed appropriate by the department.
Requests for leave (including vacation leave, sick leave, personal leave, etc.) shall comply
with departmental policy and county ordinance.
All teleworkers shall be available by telephone and/or computer as specified by the
department, with anticipated 15-minute call back times. Teleworkers may be required to
report to the County worksite when directed by the department. Such change in schedule
does not constitute temporary reassignment and is not subject to mileage reimbursement.
Teleworkers shall perform only County related work as specified by their supervisor during
scheduled teleworking work hours.
Provision and Maintenance of Equipment
Because this program is voluntary, teleworkers are responsible for providing basic
business equipment at the teleworking site. This includes any furniture, fixtures, printer,
telephone, internet, and telephone access that may be required to perform work while at
the teleworking site. The cost of providing the basic equipment listed above shall be borne
by the teleworker. Maintenance of such furniture and equipment shall be the responsibility
of the teleworker. The department may provide additional selected equipment on an
exception basis upon approval of the Department Head or designee.
Equipment supplied by the County will be maintained by the County. The County accepts
no responsibility for damage or repairs to teleworker-owned equipment. The teleworker
shall sign an inventory of all County property and agrees to take appropriate action to
protect the items from damage or theft. Upon termination of employment all County
property will be returned to the County, unless other arrangements have been made.
Minimum equipment requirements
At a minimum, the teleworking site must have the following equipment available and in
good working order: high speed internet connection; a telephone that is available during
teleworking hours; a desk or table suitable for performing assigned work; a chair that
meets the ergonomic requirements of the teleworker; and any other equipment required
to ensure a safe and ergonomically correct workspace.
Supplies
Any County supplies provided to a teleworker such as paper, pens and letterhead shall
only be used for authorized County work. Unused quantities must be returned to the
department upon completion of the teleworking agreement.
Teleworking site inspection
A representative from the County may make on-site visits to the teleworking site for the
purposes of conducting County business and/or ensuring that the worksite is safe, free of
hazards and in compliance with this policy. A representative may also make on-site visits
when appropriate to inspect, retrieve or repair County property. There would be a 48-hour
notice provided to the teleworker for said site inspections.
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Telework workspace designation
Employees on scheduled teleworking shall designate a workspace within the teleworking
site. The employee shall perform authorized work for the County within the telework
workspace.
Telework workspace maintenance
Teleworkers must maintain the designated telework workspace in a safe and professional
condition at all times. The workspace must remain clean, free of obstructions, free of
hazardous materials. A basic first aid kit must be maintained at all times while working at
a teleworking site. The pathway to and from the telework workspace shall be kept clear
and free of obstructions. The teleworker will be self-certifying the safety of the telework
workspace.
Workers’ Compensation
In the case of a work related injury or illness, Teleworkers must notify their supervisor
immediately and complete all necessary documents regarding the work related
injury/illness.
Liability
The County shall not be held liable for injuries to third parties and/or members of the
employee's family that occur on the teleworking site. The County is not liable for damage
to the employee's teleworking site or real property.
Information Security
Employees have responsibility for the security of the data and other information they
handle while teleworking. All teleworkers shall take all precautions necessary to secure
and protect County information at the teleworking site and to prevent unauthorized access
to any County software systems or information.
Teleworkers must comply with Countywide and departmental information security policies
and maintain security of any relevant materials, including files, correspondence, and
equipment. If County-owned equipment is stolen, the employee must report the incident
to their supervisor within 2 business days of their knowledge of said theft.
Employee Printed Name: _______________________________________
Employee Signature: _______________________________________ Date: ________________
Approved: ___________
Denied: ___________
Department Head or Designee Signature: ___________________________ Date: _________________
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