Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 5 - STANDARDS OF EMPLOYEE CONDUCT
Section 27-120-5.2 - TELEWORK

Agencies are required to implement their teleworking policies in compliance with Miss. Code Ann. § 25-1-98 and the policies in the Mississippi State Employee Handbook.

Teleworking is a privilege and does not create an expectation of any right to telework. An employee's telework status may be revised at the sole discretion of the agency. All employees who telework shall have an approved telework assignment under this policy. An agency may have additional telework requirements, guidelines, or procedures, provided they are in compliance with Miss. Code Ann. § 25-1-98 and the policies in the Mississippi State Employee Handbook. All agency telework policies and agreements must include that employees understand that teleworking is authorized as agreed to or as assigned by a supervisor.

Teleworking does not change the job duties, obligations, responsibilities, or terms and conditions of agency employment including requirements for taking leave. Teleworking employees must comply with all agency rules, policies, practices, and instructions. Department directors or their designee shall continually assess whether an employee's telework assignment is effective and accomplishing the responsibilities and mission of the department.

Requirements

In order to implement telework policy for one or more of its employees, an appointing authority shall:

* Determine whether or not telework is in the best interest of the agency. In doing so, the appointing authority may seek guidance from the State Personnel Board in determining what forms of work activities can be effectively and efficiently managed through a telework arrangement;

* Establish procedures to protect any information that is privileged or confidential under state or federal law;

* Require all teleworking employees to sign a telework agreement that includes their work schedule, provides for supervisory oversight through the review of work product and deliverables on a regular basis, requires the protection of privileged or confidential information that is managed remotely on an agency computer or other devices, establishes protocols for accessibility to coworkers and clients, workplace safety, and any other matters deemed appropriate by the appointing authority; and

* Establish work schedules that ensure that some personnel are at the appointing authority's offices to provide direct contact with the public.

* Develop a telework policy which complies with Miss. Code Ann. § 25-1-98 and the policies outlined in this manual.

All agencies who allow employees to telework shall report to the State Personnel Director the following information by the date designated by the State Personnel Director:

* the names of employees who are allowed to telework,

* the employees job titles,

> each telework employee's office schedule, and telework schedule

All agency employees who telework must sign an acknowledgment or agreement that they have read the agency's telework policy and their telework assignment and will comply with the terms and conditions in both.

Reporting Requirements

Each agency who allows employees to telework must submit to the State Personnel Director via mspb.communications@mspb.ms.gov:

> A copy of their telework policy before implementing a telework system.

> A signed copy of MSPB's official telework acknowledgement form located on MSPB's website at www.mspb.ms.gov signed by the agency head or their designee certifying that:

> Their agency's telework policy complies with Miss. Code Ann. § 25-1-98 and the policies outlined in this manual and

> Each agency employee who teleworks has signed an acknowledgment or agreement that they have read the agency's telework policy and their telework assignment and will comply with the terms and conditions in both

* Each agency is responsible for designating telework status for each employee in the HR system of record. Telework eligibility and participation are required fields. If an agency has an active telework policy and employees eligible to telework for any reason, you must document this in the system of record using the following definitions:

> No: This employee is not teleworking.

> Not Eligible: This employee is not eligible for telework based on job duties or other factors and must perform all duties at the worksite.

> Yes-Full: This employee never/rarely reports to the worksite and perfroms all/most duties at an alternate, approved location. This employee has a signed telework agreement on file.

> Yes-Hybrid: This employee participates in a hybrid schedule that includes both telework and worksite days, and has a signed telework agreement on file.

> Yes-Intermittent: This employee is eligible to telework as needed during an emergency or in other circumstances approved by the supervisor. This employee has a signed telework agreement on file.

The policy and the required acknowledgments must be on file with MSPB before implementation.

MSPB will randomly and periodically audit agencies to ensure compliance with the statute and policies. Agencies not in compliance or allowing telework without submitting and completing the required information above will be reflected on the MSPB's annual telework report to the Chairmen of the House and Senate Appropriations Committees, the Accountability, Efficiency, and Transparency Committees, and the Joint Legislative Committee on Performance Evaluation and Expenditure Review.