SF 3215

as introduced - 86th Legislature (2009 - 2010) Posted on 03/10/2010 12:36pm

A bill for an act
relating to state government; establishing statewide telework requirements;
proposing coding for new law in Minnesota Statutes, chapter 43A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [43A.188] TELEWORK.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "telework" means work
activity in which an employee, whether regularly or occasionally, performs the duties
and responsibilities of the employee's position from home or a worksite other than the
employee's regular physical place of employment.
new text end

new text begin Subd. 2. new text end

new text begin Statewide telework authorization. new text end

new text begin (a) An appointing authority in the
executive branch, legislative branch, or judicial branch shall allow employees to perform
telework during at least 20 percent of the employee's normal expected hours of work
in each pay period.
new text end

new text begin (b) The telework requirement under this section does not apply to a position:
new text end

new text begin (1) which by its nature requires the employee's physical presence at the employee's
regular place of employment or at a particular location;
new text end

new text begin (2) for which telework would diminish employee performance or adversely impact
the operations of the agency; and
new text end

new text begin (3) for which telework would manifestly not be practicable.
new text end

new text begin (c) For an employee whose position includes both (1) duties and responsibilities as
identified under paragraph (b), and (2) duties and responsibilities not identified under
paragraph (b), the normal expected hours of work under paragraph (a) must be calculated
solely based on the total expected hours of work necessary to perform the duties and
responsibilities not identified under paragraph (b).
new text end

new text begin (d) Nothing in this section establishes a requirement that an agency equip or
otherwise provide infrastructure to enable an employee to perform telework, including but
not limited to information technology procurement or reimbursement for Internet access.
new text end

new text begin Subd. 3. new text end

new text begin Telework policy. new text end

new text begin An appointing authority may establish a telework
policy, which may include specification of positions, duties, and responsibilities to which
telework does not apply under subdivision 2, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010.
new text end