*Staff should retrieve this agreement from HR or the FLBOG Service Desk.
This agreement (hereinafter “Agreement”) is entered into between the Board of Governors (hereinafter “Agency”), and _____________________________________ (hereinafter “Employee”), ____________________________ (current job title), and will become effective on the date signed by the Agency’s designee and remain valid until ended by either party. This Agreement establishes the terms and conditions of the discretionary/voluntary telework program within the Agency, and the parties agree to adhere to the standards and guidelines expressed herein for the duration of the Agreement.
Definitions:
- “Telework”- a work arrangement that allows a state employee to conduct all or some of his or her work away from the official worksite during all or a portion of the state employee’s established work hours on a regular basis.
- “Telework site”- location and conditions of regular work site as approved by the Agency, where the employee is permitted to carry out all or some of his or her work away from the official worksite during all or a portion of the state employee’s established work hours on a regular basis.
Terms and Conditions of the Telework Program:
- Participation in telework is a privilege and not a right of employment at the Agency. Eligibility to participate in the telework program is based on the Agency’s determination that particular positions are appropriate for telework.
- Participation in the telework program is voluntary and the Employee agrees to comply with the terms stated in this Agreement. Except as noted in the Agreement, all State Rules, Florida Administrative Code, and Agency policies and procedures, specifically including the Code of Personal Responsibility and the Code of Ethics, apply.
- Amendments to this Agreement must be made in writing, acknowledged by both parties, and with a copy provided to the Agency’s Personnel Office. The proper method for amending the agreement is to execute a new Agreement incorporating the changes.
- Consistent with the terms of this agreement, the Employee agrees to comply with all applicable Agency telework policies and procedures.
- Telework employees are subject to the same Agency policies and procedures as non-telework employees, notwithstanding the provisions of this agreement.
- Duration of this Agreement:
The Agency may end an Employee’s telework participation, in writing, at any time if it is determined it is no longer in the best interest of the Agency or if the Employee fails to comply with the provisions of this Agreement or applicable policies and procedures.
The Employee may voluntarily end participation in this program at any time. The decision must be made in writing with the Agency being given 30 days to designate an appropriate space in an official work location.
The Agency shall provide the Employee written notice of no less than thirty (30) calendar days of the intent to end the participation in the telework program. If the decision to end participation is related to Employee discipline the thirty (30) calendar day notice is not required and the Agency will provide the Employee written notice of no less than fifteen (15) calendar days of notice to the Employee that the employee’s telework agreement will terminate and the employee must return to the office or the telework agreement will be revised.
This agreement will automatically terminate after (one) 1-year of duration and is allowed to be renewed upon approval of the Employees supervisor.
7. Approved Telework Location(s) and General Work Hours:
Listed below are the locations and working hours which are agreed to as a part of the Agreement. The Employee must be available to the Agency’s manager at these locations and during these times unless deviations are approved by the manager in advance. In signing this agreement, the employee certifies that the Employee will not conduct face-to-face state business at his or her residence or telework site and will direct all work-related mail to the Agency’s official worksite.
Official Work Location
(when not teleworking): ____________________________________ (may be N/A)
Telework Work Site: ______________________________________________
- Check if telework site is confidential pursuant to Chapter 119.
In the event the telework site changes, the Employee is responsible for immediately notifying his or her supervisor and obtaining approval of such change and an amended telework agreement reflecting such change must be executed.
Base Work Schedule – The Base Work Schedule should reflect the previously approved days and hours that the individual works, regardless of location.
| Day | From (Hour) | To (Hour) | Lunch (Minutes)* |
| Monday | |||
| Tuesday | |||
| Wednesday | |||
| Thursday | |||
| Friday | |||
| *Minimum of 30 minutes. | |||
The specific schedule for teleworking days and hours is to be developed in writing and signed by the supervisor and Employee and is expected to be a regular, as opposed to ad hoc schedule.
It is also understood that, on occasion, there may need to be temporary (generally less than one month) changes in either hours or location due to unforeseen circumstances. Such temporary changes must be agreed upon by the Employee and manager and should be documented in writing such as via email. Permanent changes must be made in a written document signed by both the supervisor and Employee.
There may also be occasional requirements for the teleworking Employee to participate in work that will occur at the official work location, Agency headquarters or other designated location. In those instances, the Employee will attend as directed by the supervisor.
8. State-Owned Technology Equipment:
To perform assigned tasks effectively, the Employee may use state technology equipment at the Employee’s telework location with the approval of the Employee’s supervisor. The equipment must be protected against damage and unauthorized use. The Employee is responsible to safeguard all Agency equipment in accordance with information technology security policies and procedures. Agency equipment must not be left in unattended vehicles and any theft of unattended Agency devices may lead to disciplinary action. State-owned equipment will be serviced and maintained by the state if the equipment is returned to the Agency and may be monitored electronically in accordance with Agency policy. The equipment must be used in accordance with Agency policy. Use of any equipment provided by the Employee will be at no cost to the state, approved in advance by information technology, and will be maintained by the Employee. If it is determined that technical assistance is needed to ensure proper usage of equipment, the supervisor, information technology support staff, and the Employee will make arrangements for such technical assistance. All state-owned equipment must catalogued by the Agency prior to release to the Employee and it must be returned to the Agency in a location and manner designated by the Agency upon ending of this Agreement or termination of employment.
The Agency is providing the following equipment. Identifying information about the equipment assigned to the Employee, including identifying information and assigned property number, is maintained in the Agency’s inventory control system (check all that apply):
____ Laptop ____ Keyboard ____ Mouse ____ Monitor
Other – Specify: _________________________________________
9. Liability:
The state will not be liable for damages to the Employee’s property or teleworksite that result from participation in the telework program. The Employee certifies that the designated telework location provides a safe working environment, free from debris and obstacles that could cause harm to the Employee or authorized state equipment. The state will not be responsible for operating costs, home maintenance, or any incidental costs (e.g., utilities and internet service) associated with the use of the designated telework location.
10. Governing Law:
This Agreement is made and entered into with the State of Florida and shall in all respects be interpreted, enforced, and governed under the laws of the State of Florida without regard to any principles of conflicts of law. The venue for any civil or administrative action regarding this Agreement shall be in Leon County, Florida.
11. Remote Access:
The Employee will follow all procedures outlined in the Agency’s Acceptable Use Policy. Teleworkers must also ensure the following:
- The protection of data on disk, in hardcopy, and on portable devices from theft, loss, or unauthorized access during transit and at the alternate worksite;
- Computers/laptops are connected to VPN monthly in order to patch and update approved firewalls and anti-virus software with current definitions;
- Sensitive information in hardcopy form is returned to the office or legally disposed;
- All work is stored or backed up to the Agency’s network drives; and
- The telework location has internet service adequate to support the Employee’s job duties.
- The use of an Agency approved voice-over internet phone service.
12. Reimbursement:
The state will not be responsible for operating costs, home maintenance, or any other incidental cost (e.g., internet service and utilities) associated with the use of the Employee’s designated telework location. As approved by the supervisor, the Agency will provide necessary consumable supplies for use at the telework location; however, the Employee will need to make arrangements to pick up such supplies at the appropriate Agency office. Should the Employee need materials or supplies that would ordinarily be purchased by the Agency, the Employee should promptly notify the appropriate supervisor.
13. Standards of Conduct:
The Employee agrees to abide by the agency’s standards of conduct as specified in the Code of Personal Responsibility, the Code of Ethics, the Telework Policy, Attendance and Leave Policy, and any other established state laws, agency policies, procedures, and acceptable practice standards, and understands that failure to do so may subject the Employee to disciplinary action.The Employee also agrees to abide by the Agency’s public records policy and Chapter 119.
Teleworking in accordance with this agreement is anticipated to maintain or enhance the Employee’s productivity. The teleworking Employee must focus on work during their scheduled working hours and not be subject to any undue distraction. The teleworking Employee is anticipated to receive and complete assignments as directed by their supervisor; maintain availability to the Agency and its customers during normal working hours; and, to that end, will be evaluated in accordance with the Agency’s standard policies.
14. Travel:
For the Employee whose base location is the telework site (e.g., home), travel to other locations for assigned work responsibilities (e.g., school sites) will be reimbursed in accordance with state rates and other policies and procedures.
15. Workers’ Compensation:
The state will be held harmless against any and all claims, excluding workers’ compensation, resulting from an Employee working in the telework location. The Employee is covered under the workers’ compensation law if injured in the course of performing official duties at the telework location. The Employee agrees to maintain a safe working environment (see item 7) and understands that verified negligence or failure in this regard may result in ending the telework Agreement or subject the Employee to disciplinary action.
I have read the above conditions regarding telework and I agree to abide by all conditions. I acknowledge my responsibility for being knowledgeable about all policies and procedures referenced in this document. I understand that failure to comply with the above conditions may result in ending my participation in the telework program and/or other disciplinary action.
Employee Signature: ______________________________________ Date: ___________
Supervisor’s Signature: ____________________________________ Date: ___________
Division Director or Designee: _______________________________ Date: ___________
Agency’s Designee: ____________________________________ Date: ______________
Note: The language used in this Agreement does not create an employment contract between the Employee and the Agency. This Agreement establishes conditions for permitting the Employee to qualify for and continue to exercise the privilege of teleworking.