Telework Procedures

For Telework Policy #WF023

Revised: April 18, 2024

Introduction

Flexible work environments have emerged as a prominent benefit for attracting and retaining MnDOT’s workforce. One way to provide flexibility is through telework which allows employees the option to telework based on the employee’s job duties, work performance, and MnDOT’s business needs. This Telework Procedures document is the technical companion to the MnDOT Telework Policy, #WF023 and the Minnesota Management and Budget Telework Policy, HR/LR #1422.

To request, renew, revise, or cancel a telework arrangement, employees, managers, and supervisors must follow these procedures and the terms of the applicable collective bargaining agreement or compensation plan. A Telework Schedule and Acknowledgement Form must be approved by the manager or supervisor before implementation or change of a telework arrangement. All telework arrangements must be in accordance with office or district requirements for in-person reporting.

Definitions

Ad Hoc Telework

Telework that occurs as a result of a planned or unplanned event, such as a doctor’s appointment or inclement weather. Ad hoc telework does not require a Telework Schedule and Acknowledgment Form, however, all occurrences require supervisor approval.

Emergency Telework

Telework that occurs as a result of a business interruption or emergency situation. Emergency Telework is a continuity of operations strategy to promote continued services during a business interruption or emergency situation when normal facilities are closed or inaccessible.

Emergency Teleworker

An employee designated by the agency’s Continuity of Operations Plan (COOP) as one who may be directed by management to continue to work at the emergency teleworker’s remote worksite during emergency situations when normal facilities are closed or inaccessible.

Mobile Worker

An employee who travels continuously for work or who performs work at multiple locations outside of an agency office, such as a field location or other site.

Remote Worker

An employee who, as a condition of their appointment, has their home or alternative location as their assigned work location, works permanently from that location, and does not have an agency permanent/principal work location.

Permanent/Principal Work Location

The worksite to which an employee is permanently assigned, usually the agency office.

Telework

A work arrangement that allows an employee to perform work on a scheduled regular, recurring basis at a telework location that is not the employee’s permanent/principal work location.

Telework Schedule and Acknowledgment Form

A document identifying the employee’s expected telework schedule and in which the employee acknowledges the requirements of the telework arrangement.

Telework Location

An approved worksite, different from the permanent/principal work location, in which an employee is authorized to conduct telework. In most cases, the telework location will be an employee’s home.

Teleworker

An employee who has an agreed-upon schedule during which they are expected to work at a telework location rather than their permanent/principal work location.

General Standards and Expectations

Please see the general standards and expectations outlined in the Minnesota Management and Budget Telework Policy, HR/LR #1422. In addition, below are MnDOT-specific standards and expectations.

Telework Location. The telework location may not be outside of the United States (see exception for official MnDOT business under the International Travel section below). Before approving any telework location outside of Minnesota (even for one day), the supervisor must follow the Out of State Telework Procedures outlined below.

Workers’ Compensation. An employee is covered by the state's Workers' Compensation laws while they are acting in the course and scope of their employment, including teleworking. Any designated telework location is considered an extension of state workspace only during scheduled teleworking hours for purposes of workers' compensation.

Even though the State of Minnesota has Workers’ Compensation liability coverage for its employees, state laws in other states might still require workers’ compensation coverage specific to the state’s laws where the employee is working. If you will be teleworking outside of Minnesota, your supervisor should notify your HR staffing representative and MnDOT’s Workers' Compensation Manager, in order to notify the Department of Administration-Risk Management Division to obtain the appropriate policy.

The Statewide Telework Policy and MnDOT’s Workers' Compensation Injury Reporting and Return-to-Work Policy (WF012) require that employees report all work-related injuries or illnesses to their supervisor immediately and not later than 24 hours after the injury or illness. For complete information about the injury reporting process and follow up, please visit the Work Injury website for details.

Mileage Reimbursements and Travel Expenses

MnDOT is committed to a flexible working environment, including teleworking when job duties allow it. As we enter a new phase of our Work EVO and teleworking is no longer required for health and safety reasons but instead an opportunity to provide flexibility, when possible, we also need to be good stewards of State resources. Teleworking will not include additional mileage reimbursement for commuting that occurs because of an approved flexible work schedule or telework agreement.

To be consistent when managing costs of mileage reimbursement and travel expenses in a hybrid work environment, the agency expects the following:

Exempt employees are only eligible for mileage reimbursement that is allowed by their collective bargaining agreement or compensation plan. That mileage reimbursement does not include scenarios where an employee begins their workday teleworking then reports to the office for a period of time, or begins their day at the office and ends their day teleworking.
Supervisors and managers must review and comply with statewide and MnDOT policies, collective bargaining agreements and compensation plans, laws, and administrative procedures as to what may and must be reimbursed for mileage and travel expenses and paid for commute time.
Supervisors and managers should not approve telework or flexible schedules that incur additional reimbursement or overtime costs to the agency.
Unless required by the supervisor, employees who are non-exempt should work their full workday in a teleworking status or at the workplace (office, lab, or field).
Unless required by the supervisor, employees who are non-exempt will not be allowed to begin their workday from their telework location, report to the permanent work location, and complete their day at the telework location.
Mileage reimbursement from a telework location to another location required for work (other than the permanent work location) will be compensated per the MnDOT Business Manual.
Mileage reimbursement for on-call or callback will follow the applicable collective bargaining agreement or compensation plan language.
Virtual tools and hybrid options should be made available to all employees to minimize mileage and travel expenses.

Telework Approvals

In deciding whether to allow an employee to telework all of the time, part of the time, or not at all, changing a telework arrangement, or periodically requiring an employee to report in person, office directors/district engineers and supervisors must review the MnDOT Telework Considerations Form and consider MnDOT’s business needs. A supervisor’s or manager’s personal preference for in-person attendance of employees is not considered a business need. MnDOT’s decision to approve or not approve, to change, or to cancel a telework arrangement is not subject to grievance but must comply with the provisions of the applicable collective bargaining agreement or compensation plan.

When considering whether or how often an employee may be required to report in person, managers and supervisors should be thoughtful in their approach, considering factors such as:

What meeting setting is most inclusive;
Whether the team is likely to benefit from a brainstorming session or groupwork in person, when in-person team dynamics improve the quality of the work or increase creativity;
Whether the team has the IT capabilities and facilitation skills to ensure productive and accessible hybrid meetings; and
Balancing business needs with employee engagement and satisfaction.

Business Needs

Ability to maintain effective customer service by:

Meeting expectations of the public, other local, state, and federal agencies, and other transportation partners;
Providing access to physical materials that are not in electronic format (for example, permitting, registrations, personnel files, etc.); and
Fielding questions/answering the phone in a timely way – ensuring calls are routed to a person that can answer the phone during regular business hours and are available to customers.

Ability to build and foster relationships internally and externally.

Goals for in-person meetings may be relationship-based (as opposed to task-based).
Ability to effectively communicate with external partners by allowing for informal communication with customers (such as large partner coordination meetings, public meetings, or project meetings).

Ability to perform work and maintain workload and effective communication within the work unit by:

Participating in staff meetings/retreats based on agenda or need for collaboration and project work;
Working through issues that include complex interpersonal interactions or balancing competing priorities that are potentially better handled in person; and
Providing access to specialized equipment not available at a telework location (for example, jumbo computer monitors, access to larger documents, plotter, printers, etc.).

Ability to transfer knowledge and share information, including conference and training participation and attendance by:

Assisting colleagues to learn, understand, and get up to speed on certain equipment;
Scheduling strategic or tactical strategy sessions to encourage increased innovation (learning culture); and
Providing mentoring on an informal basis (relationship-based learning).

Ability to onboard and/or mentor other employees on the team by:

Connecting with other people on the team;
Learning the agency and roles of other units the staff/team interact with;
Learning where to go to get questions answered; and
Providing an orientation of the physical space.

Whether job duties are able to be carried out successfully from the telework site. A business need for reporting in person always includes work that must be done onsite to meet statutory requirements, for continuity of operations, and to ensure we are providing Minnesotans exceptional service.

Telework Approval Procedure - Initial Determination

Employee expresses interest in teleworking or supervisor offers the employee the option to telework.
Supervisor provides MnDOT Telework Policy and discusses telework approval procedure with employee.
Supervisor evaluates the request based on the considerations in the MnDOT Telework Considerations Form, the office or district’s telework expectations, and MnDOT’s business need.

If telework considerations and business needs are met, skip to step 5.
If telework considerations and business needs are not met, go to step 4.

Denial or Partial Denial of Telework Request

If the supervisor does not agree with the employee’s request, the supervisor completes the MnDOT Telework Considerations Form and submits the form to the Office Director/District Engineer.
The Office Director/District Engineer reviews the denial.

If the Office Director/District Engineer disagrees with the denial, the OD/DE discusses with the supervisor and the supervisor approves the employee’s request. Go to Step 5.
If the OD/DE agrees with the denial, the OD/DE approves the Telework Considerations Form and submits it to COLaborRelationsTeam.DOT@state.mn.us and informs the supervisor.

Supervisor meets with employee to discuss the reasons why the employee or job criteria do not meet the telework selection criteria. Explore alternatives to the initial telework request, if any.

Supervisor provides and reviews with the employee the following policies and procedures prior to completing the Telework Schedule and Acknowledgement Form:

HR/LR Policy #1422 Telework Policy
MnDOT Telework Policy
State Policy: Appropriate Use of Electronic Communication and Technology
Injury reporting procedure: Information for Injured Employees
Collective bargaining agreements/plans
Other policies and/or procedures based on agency need.

The employee must complete the Telework Schedule and Acknowledgement Form. The form will be forwarded to the supervisor, and they should discuss expectations and conditions of the telework arrangement with the employee, including:

Employee performance expectations and monitoring
Work hours and schedule
Telework location
Equipment and supplies
Workers’ compensation
Data privacy and security
Communication and availability
Employment conditions

Supervisor communicates with team about employee’s telework schedule.
The telework schedule is implemented and supervisor monitors performance.

Changes or Cancellations

Office Director/District Engineer and Manager/Supervisor Initiated Changes

The telework arrangement may be changed or cancelled by the agency, at any time, with or without cause, including requirements for an employee to periodically report in person. MnDOT will provide advance notice of changes to a telework arrangement. Any changes to the telework arrangement, including cancellation of telework, must comply with the provisions of the applicable collective bargaining agreement or compensation plan.

If the Office Director/District Engineer initiates the change, they must meet with the employee’s manager/supervisor for input and to discuss the requirement. The manager or supervisor then meets with the employee to discuss the change.
If the manager/supervisor initiates the change, the manager/supervisor meets with the employee to discuss the change.
Regardless of whether the Office Director/District Engineer or manager/supervisor initiates the change, if the employee disagrees with the change, the manager/supervisor must complete the MnDOT Telework Considerations Form and submit the form to the Office Director/District Engineer.
The Office Director/District Engineer reviews the denial.

If the Office Director/District Engineer disagrees with the denial, the OD/DE discusses with the supervisor and the supervisor approves the employee’s request. Go to Step 5.
If the OD/DE agrees with the denial, the OD/DE approves the Telework Considerations Form and submits it to COLaborRelationsTeam.DOT@state.mn.us and informs the supervisor.

Supervisor meets with employee to discuss the reasons why the employee or job criteria do not meet the telework selection criteria. Explore alternatives to the initial telework request, if any.

Employee Initiated Changes

If the teleworker wishes to cancel and/or modify the telework arrangement it to work in person more often, the teleworker must provide to their supervisor advance notice of at least three weeks to enable the supervisor to provide adequate space at a permanent/principal work location, minimize disruption, and meet business needs. Workspace provided may be located wherever space is available at the permanent/principal work location.
If the teleworker wishes to modify the telework arrangement to telework more often, the employee must meet with their supervisor to discuss the request.
- If the supervisor does not agree with the employee’s request, the supervisor completes the MnDOT Telework Considerations Form and submits the form to the Office Director/District Engineer.
- The Office Director/District Engineer reviews the denial.

Telework Schedule and Acknowledgement Form

All changes or cancellations of telework must be documented in a revised Telework Schedule and Acknowledgement Form.

Review of Telework Arrangement

At least annually, the supervisor and teleworker must discuss the telework arrangement. The supervisor and teleworker must also discuss the telework arrangement if any of the following events occur:

A change in the teleworker’s job duties;
A change in any of the provisions documented in the Telework Schedule and Acknowledgement Form; or
Teleworker or supervisor change of position.

Any changes to the telework arrangement must be documented in a new Telework Schedule and Acknowledgement Form. Note: See the applicable collective bargaining agreement or compensation plan for employee rights related to changes to the telework arrangement.

Temporary changes due to flextime, overtime, weather, or other schedule changes allowed under and complying with the bargaining agreement or compensation plan must be discussed in advance with the supervisor but do not require a new Telework Schedule and Acknowledgement Form.

Ad Hoc Telework

Telework Schedule and Acknowledgement Forms are not required for ad hoc telework. However, supervisory approval is required in every instance of ad hoc telework.

Equipment and Resources

MnDOT will provide each employee with the following standard equipment:
- At least one workstation (laptop/desktop)
- One docking station for those with laptops (employees teleworking and utilizing a dedicated workspace at a MnDOT office may request an additional docking station to be approved and purchased by the office/district)
- Two monitors
- At least one headset, keyboard, camera, and mouse
- Phone option as determined by the supervisor and district/office management (See Telecommunication Options)
An employee splitting time between an office location and a telework location may choose where to keep the assigned equipment. Desk chairs, sit/stand desks, and floor mats must remain at the office and may not be taken home. Requests for additional equipment or resources must be approved by the supervisor. The supervisor is responsible for tracking equipment and supplies brought to the telework location and ensuring they are returned when needed or at the end of the telework arrangement.

It is not permissible for an employee to have MnDOT equipment at one's home if there is no MnDOT business need for it.

International Travel

Employees who travel outside of the United States on official MnDOT business and need access to electronic systems while they are away must obtain the required approvals before travel. Employees travelling on personal time may not telework outside of the United States. This includes vacation time attached to international travel for business. Access to state systems is not allowed on vacation days.

Follow the procedures for Out of State and International Travel in the MnDOT Business Manual and obtain approval for international travel from MMB. The request packet must indicate the specific dates of travel, the countries being visited, and the equipment being utilized for work (for example, state cell phone, laptop, etc.).
Submit the approved request to the Authorized Individual prior to travel. MnDOT’s Authorized Individual is Joshua Root, Deputy Chief Counsel, 651-366-4799, joshua.root@state.mn.us .
The Authorized Individual will conduct an analysis to determine whether access to electronic systems may be granted and the duration of the approval. If there are concerns, they will be addressed with the employee.
Upon approval, the Authorized Individual will notify Human Resources of the approval, including the name of the employee and the dates and location of business travel. The Authorized Individual will also submit a ticket to MNIT on the employee’s behalf. The request will provide MNIT with the details that it needs to provide international access such as name, dates traveling, and countries visiting.
Once the access request has been completed by MNIT, the employee will be able to access State of Minnesota electronic systems internationally.

Out of State Telework - General

MMB and MnDOT have a clear interest in investing workforce funding inside the state of Minnesota. The economic benefit of good state jobs strengthens our communities and so the state is focused on providing telework options within the state of Minnesota. However, there may be circumstances that would permit an employee to telework outside of Minnesota. Although employees may not telework outside of the United States, they may be allowed to telework in another state on a limited basis.

Out-of-state telework imposes burdens on both the employee and MnDOT. Examples include state and local taxes, health insurance, unemployment insurance, and workers compensation. State-offered health care plans may not include providers in other states.

The considerations outlined below attempt to balance the critical goals of finding and retaining the best, most qualified candidates to perform the important work of MnDOT, while prioritizing the reinvestment of taxpayer dollars back into our Minnesota state communities.

Considerations for Approval

All employee requests to telework out of state (even for one day) require supervisory approval. The supervisor must consider:

Employment classification and/or status. Note: student workers are not eligible to work out of state.
Employee’s work performance.
Agency’s business needs.
Length/dates of requested out of state telework.
Location of telework.
Ability of employee to return to the office if they are needed in-person on short notice.
Availability of technology (e.g., internet or cell phone coverage).
Ongoing administrative tax and legal compliance requirements such as state-specific payroll tax, unemployment tax, workers’ compensation, and other state-specific requirements
- The supervisor should inform local MnDOT payroll so they can identify potential obligations for state tax withholding and unemployment insurance. If approved, the employee must continue to follow the terms of the Telework Policy, as well as any procedures for reporting time worked outside of Minnesota.
Workers’ Compensation – An employee is covered by the State of Minnesota’s Workers’ Compensation laws while they are acting in the course and scope of their employment, including teleworking. Any designated telework location is considered an extension of the employer’s workspace only during scheduled teleworking hours for purposes of workers’ compensation. Even though the State of Minnesota has Workers’ Compensation liability coverage for its employees, other states may require workers’ compensation coverage specific to their state laws.
- If an employee will be teleworking outside of Minnesota, the supervisor should notify Central Office Labor Relations and MnDOT’s Workers’ Compensation Manager (MnDOT’s Workers’ Compensation contacts) so that they can notify the Department of Administration Risk Management Division to ensure that the appropriate workers' compensation insurance policy is in place for that state.
- The Statewide Telework Policy and MnDOT’s Workers’ Compensation Injury Reporting and Return-to-Work Policy (WF012) require that employees report all work-related injuries or illnesses to their supervisor immediately and not later than 24 hours after the injury or illness. For complete information about the injury reporting process and follow up, visit the Work Injury website.

Border States

Telework requests to work in a state that shares a border with Minnesota (Wisconsin, Iowa, North Dakota, or South Dakota) are not subject to the working day limits. All other procedural requirements for requesting out of state telework must be met.

Request Process

Employees must complete the Out of State Telework Request Form and follow the outlined approval process. MnDOT employees working out-of-state must have a telework agreement that identifies the work schedule using Central Time Zone.

Out of State Telework - 60 Working Days or Less

Short term out of state telework may not require a Telework Schedule and Acknowledgment Form; however, all occurrences require supervisory approval.

Supervisor may approve requests after consulting with Central Office Labor Relations (“CO LR”) and payroll regarding administrative and legal compliance requirements. CO LR will advise on whether a Telework Schedule and Acknowledgement Form is needed.
An employee may make more than one request for out of state telework not to exceed a total of 60 working days in a calendar year. Each request will be reviewed on its own merit and with consideration of the telework policy.
Expenses related to reporting to the permanent work location in Minnesota, for any need, will be covered by the employee.

Out of State Telework - More than 60 Working Days up to One Year

Supervisors may approve the request after reviewing with CO LR and if the circumstances meet the listed considerations. All administrative and legal compliance requirements must be met prior to approval. Expenses related to reporting to the permanent work location in Minnesota, for any need, will be covered by the employee.

The approval will initially be for up to one year. If a renewal is requested, it will be reviewed by CO LR in consultation with the Office of Chief Counsel who will review the requested state’s employment laws and final approval will be granted at the deputy commissioner level.

Following are the situations for which out of state telework may be approved for a current permanent employee or an employee in a one or more-year unclassified appointment. The position must be one where the work tasks can be completed through telework:

Military spouses. An employee who is the spouse of a military service member if the active service of a military spouse requires that the member transfer to another state.
Providing care for others. An employee is needed to provide care to a family member in another state. This will be considered for a spouse, child, sibling, sibling-in-law, parent, parent-in-law, grandchildren, or grandparent.
Supporting victims of violence or stalking. If an employee needs to leave the state as part of a protective or restraining order, or to escape victimization.
Spouse work relocation. An employee’s spouse has relocated for work purposes.
Inability to backfill the position due to recruitment challenges. The position is posted multiple times and there is a lack of qualified candidates with the needed skillset.
Employee put in notice to retire/resign, and their skillset or experience is unique or difficult to source.

The position requires theoretical and practical application of a body of highly specialized knowledge or high degree of experience;
The employee has recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Out of State Telework - Ongoing

Post Retirement Option (PRO) Appointments or Appointments of Limited Duration

Employees who have PRO appointments or appointments of limited duration may be approved for ongoing out of state telework by supervisors after reviewing with CO LR. All administrative and legal compliance requirements must be met prior to approval. Expenses related to reporting to the permanent work location in Minnesota, for any need, will be covered by the employee.

Other Ongoing Out of State Telework Requests (Related to the Work or Position)

Ongoing arrangements for out of state telework related to the work or position will only be approved in exceptional situations. CO LR, in consultation with the Office of Chief Counsel, will review the requested state’s employment laws and final approval will be granted at the deputy commissioner level. All administrative and legal compliance requirements must be met prior to approval. Expenses related to reporting to the permanent work location in Minnesota, for any need, will be covered by the employee.

Examples include:

The position requires that all job responsibilities be performed in a state other than Minnesota on a permanent basis. There are some positions that have assigned work that requires them to work beyond the borders of Minnesota state.
Recruiting a skillset or experience that is unique or difficult to source. This applies to anyone with an uncommon, hard-to-find training, skillset or background that cannot be found in-state. The position may need to be posted prior to granting approval. These factors should be considered:

The position has had failed recruitment efforts that included multiple postings and a significant recruitment effort;
The nature of the specific duties is so specialized and complex that talent is hard to attract. and/or;
MMB has determined the position hard-to-fill.

Retaining a skillset or experience that is unique or difficult to source.

The position requires theoretical and practical application of a body of highly specialized knowledge or high degree of experience;
The employee has recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

Changes to Out of State Telework Arrangements

The out of state telework arrangement may be changed or cancelled by the agency, at any time, with or without cause, including requirements for an employee to periodically report in person. Any changes to the telework arrangement, including cancellation of telework, must comply with the provisions of the applicable collective bargaining agreement or compensation plan.

For employees with an out of state telework arrangement, 60 days-notice will be provided before ending the arrangement (not applicable for employees working out of state for less than 60 days). A new Telework Schedule and Acknowledgement Form must be completed. Central Office (CO) Labor Relations (LR) will work with the supervisor on communicating with the employee. In cases where the employee did not receive prior approval to work out of state or there is a performance issue, the 60-day notice of return is not required.