Chapter 3 – Personnel, Training, and Employee Relations

The California Department of Corrections and Rehabilitation (CDCRCalifornia Department of Corrections and Rehabilitation) and California Correctional Health Care Services (CCHCS) shall maintain policies, guidelines, and information on the use of telework as a work option. Telework shall be initiated and formalized through an agreement between an employee and their manager or supervisor with approval of the Hiring Authority (HA) or designee. CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS encourages the use of telework when consistent with the essential functions of the position and when it promotes effective and efficient business operations. The manager or supervisor, with approval from the HA, or designee, has the discretion to modify or terminate telework based on operational necessity. Failure to adhere to this policy, existing CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS policies and procedures, or other federal and state laws, may be cause for terminating participation in the Telework Program and progressive discipline including, but not limited to, adverse action. Bargaining Units (BU) Memorandums of Understanding (MOUMemorandum Of Understanding) and California Department of Human Resources (CalHRCalifornia Department of Human Resources (formerly DPA and SPB)) policies shall supersede any conflicting information contained in this policy.

This policy applies to all telework activities of CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS employees who utilize state‑issued or personally-owned electronic equipment to connect to the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS network including, but not limited to, remote access connections to perform work on behalf of the department, such as reading or sending e-mail and viewing CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS electronic or physical documents and resources. All managers or supervisors and telework employees shall adhere to the contents of this policy.

CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS recognizes the business, societal, and personal benefits that an effective telework program may provide, while considering the safety of CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS information assets. Telework may allow flexibility for employees to accomplish their work via office-centered or remote-centered telework schedules. This policy is established pursuant to Government Code sections 14200-14203, which requires every state department to incorporate telework as an option when it is both practical and beneficial to the department.

The goals of the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS telework program are to:

• Encourage participation of eligible employees.

• Reduce required state office space.

• Improve employee retention and recruitment.

• Maintain or improve employee productivity.

• Reduce state environmental impacts, such as traffic congestion.

• Maintain or improve customer service.

Alternate work locations are an extension of the department’s workspace only when used for state business. All existing workplace health and safety rules, as well as existing employment laws, rules, and policies apply to the alternate work location the same as when staff physically report to the office.

The department is not responsible for any injuries to family members, visitors, or other guests at the employee’s alternate work location.

In-person business meetings shall not be conducted at a location designated as an alternate work location.

Alternate Work Location
The term alternate work location refers to the approved work location other than the office. Alternate work location could be an employee’s residence or other approved site.

Dedicated Workstation
The single equipment complement provided to employees to perform state business, including computing, telephone, and ergonomic equipment.

Dependent Care
The term dependent care refers to the support and nurturing of persons who cannot meet their own needs, such as children, functionally impaired adults, or the elderly.

Information Assets
All categories of information (confidential, personal, sensitive, or public), all forms of information (paper or electronic), information technology (ITInformation Technology) facilities, equipment, and software owned or leased by state agencies.

Office (Headquarters)
The term office refers to the location, state building, or official worksite that would be the employee’s work location if not teleworking.

Office-Centered Telework
A teleworker is considered Office-centered if they work more than fifty percent from the office. Office-centered teleworkers maintain a dedicated workstation in the office and utilize their own equipment or department provided mobile equipment for teleworking at their designated alternate work location.

Remote Access
The connection of an information asset (e.g., computing equipment) from an alternate work location to an information asset on a state ITInformation Technology infrastructure.

Remote-Centered Telework
A teleworker is considered Remote-centered if they work fifty percent or more of their time from an alternate work location. Remote-centered teleworkers shall have their dedicated workstation located at their designated alternate work location. Remote-centered teleworkers shall use shared space when working in the office.

Shared Space
Shared space is a work area that is used on an individual basis by multiple people. Alternatives may include hoteling or shared cubicles.

Telework
The terms ‘telework,’ ‘teleworking,’ ‘telecommute,’ and ‘telecommuting’ are defined as a work flexibility arrangement established between the department management and the employee under which the employee performs the duties and responsibilities of the employee’s position, and other authorized activities from an approved location other than the office. In practice, telework is a work arrangement that allows an employee to perform work, during any part of regular, paid hours, at an approved alternate work location.

All employees in positions designated by management as eligible shall be qualified to participate in the Telework Program and are authorized to participate to the fullest extent possible without diminished individual or organizational performance.

HAs shall consider telework for all possible positions in which telework can promote effective and efficient business operations. The following guidance may be used to determine what functions may be appropriate for telework:

• Activities that do not require physical presence, including, but not limited to, analysis, data entry, telephoning, writing and editing, design and virtual service delivery.

• Responsibilities that do not require public presence.

• Activities where data is not sensitive or confidential or where an information security risk assessment and resulting security approach is in place for telework access to sensitive or confidential data.

Participation in the Telework Program is subject to a formal agreement by the employee and the employee’s immediate manager or supervisor with the approval of the HA, or designee. At the discretion of the HA, or designee, telework requests or agreements may be denied, modified or terminated at any time based on operational need (Refer to 33060.20).

Telework may be a practical work option based on a combination of factors. The determination of an employee’s participation in a Telework Agreement is not dependent upon the presence or absence of any particular factor and the weight given to any particular factor is subject solely to the discretion of each HA, on a case-by-case basis including, but not limited to:

• Nature of work performed.

• Efficiency of work processes.

• Impact on ability to provide quality customer services.

• Effectiveness of existing project teams.

• Utilization of office space.

• Technology readiness.

• Impact to employee retention.

• Cost or savings to implement telework.

The Telework Program provides for two types of telework designations, which are office‑centered and remote-centered Telework schedules shall be approved by the manager or supervisor per the Telework Agreement. Ongoing informal telework agreements shall not be permitted.

Managers or supervisors shall consider the following when scheduling telework:

• The requirements of the employee’s Work Week Group (WWG) and BU MOUMemorandum Of Understanding provisions.

• The requirements of the employee’s job and operational needs for the employee to be present at their office.

An alternate work schedule may be approved for a telework employee according to existing policy and the applicable BU MOUMemorandum Of Understanding.

Temporary modifications to telework schedules may:

• Be made at management’s discretion in order to meet operational needs. If needed, an employee shall forgo telework and come into the office on a regularly scheduled telework day. The manager or supervisor shall provide 24 hours’ notice whenever possible; however telework employees are expected to be able to report to the office within an amount of time deemed reasonable by the manager or supervisor or the HA based on operational necessity.

• Not occur until approved by the manager or supervisor and HA or designee, documented, and appended in the Telework Agreement (Refer to 33060.20).

Permanent modifications to telework schedules shall:

• Not be made by the department without adequate prior notice.

  • The department shall endeavor to provide at least 30 calendar days’ notice, but no less than 15 calendar days’ notice to employees when permanently terminating or permanently modifying a Telework Agreement. This advance notice is not required due to unforeseen operational need or by mutual agreement between the employee and management.

  • Upon request, a copy of the termination or modification shall be provided to the applicable labor union.

All procedures for calling-in, requesting and approving leave usage, overtime, Compensating Time Off or alternate work schedules shall be consistent with those used for non-telework employees.

The Telework Agreement details the approved work arrangements between an employee and their manager or supervisor with the approval of the HA, or designee.

The telework employee and their manager or supervisor shall both sign the written Telework Agreement, and it shall be approved by the HA, or designee, prior to the employee participating in the Telework Program.

The alternate work location shall be determined prior to approval of any Telework Agreement.

• All CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS employees shall be assigned a CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS location as their designated office (headquarters). Travel expenses shall not be reimbursed for travel to the office which may be required by management on a regular or intermittent basis based on operational need.

The Telework Agreement for telework shall be reviewed and renewed at least once a year (Refer to 33060.14).All essential components of a Telework Agreement (e.g., telework schedule, alternate work location, state assets to be used) shall be addressed prior to the actual start date of telework.

The employee and their manager or supervisor shall read, understand, and abide by this policy, the Alternate Work Location Safety Acknowledgement, CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS Confidentiality and Privacy policies, State Information Security policies, and the State Information Management Manual (SIMM) 5360-A published on the California Information Security Office (CISO) website (Refer to 33060.11).

• Whenever an employee is unclear about the requirements of an information security policy, standard, or procedure, they shall consult with their manager or supervisor, and the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS Information Security Office (ISOInformation Security Officer) or CCHCS Privacy Office.

A new Telework Agreement shall be submitted for approval following an employee’s separation of any kind including, but not limited to, a leave of absence or job change, even if the employee participated in a Telework Agreement previously.

A complete Telework Package shall include the following forms found on the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS intranet and internet sites:

• STDStandard Form (DGS) 200, Telework Agreement

• Alternate Work Location Safety Acknowledgement

• CDCRCalifornia Department of Corrections and Rehabilitation 855, Request for Reasonable Accommodation, if applicable

• Learning Management System (LMS) Training Transcript (reflecting completion of Information Security Awareness and Privacy Awareness)

The employee shall:

• Obtain the forms from the CDCRCalifornia Department of Corrections and Rehabilitation intranet, CCHCS intranet and internet sites (Refer to 33060.9).

• Ensure Information Security Awareness and Privacy Awareness training has been completed and documented within an official training record (e.g., enterprise LMS; In‑Service Training office).

• Submit a complete Telework Package to their manager or supervisor for review and consideration (Refer to 33060.9).

The manager or supervisor along with the employee shall:

• Review the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS Telework Program policy, SIMM 5360-A and guidelines provided in Alternate Work Location Safety Acknowledgement.

• Determine the equipment needed for telework (Refer to 33060.17).

  • Telework requests requiring a reasonable accommodation shall be reviewed by the manager or supervisor and HA on a case by case basis.

The manager or supervisor shall:

• Complete the Manager’s Telework Checklist.

• Send the completed Telework Package to the respective HA, or designee, for approval or denial.

• Notify the employee in writing if the Telework Package has been approved or denied. If approved, request for the employee the type of remote access appropriate for the essential job functions.

• Confirm with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology that setup has been completed.

• Inform the employee of the date authorized to start telework in accordance with the terms of the Telework Agreement.

Ensure all standard CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS rules apply, including policies and guidelines for connecting to CDCRCalifornia Department of Corrections and Rehabilitation assets from outside CDCRCalifornia Department of Corrections and Rehabilitation networks.

The HA, or designee, shall ensure the Telework Program is implemented in accordance with all applicable laws, policies, and standards for governing the protection of state information assets including, but not limited to:

• Information Security and Privacy.

  • Statewide information security and policies, standards, procedures, and guidelines are issued by the CISO and are found in the State Administrative Manual, sections 5300 through 5399.

  • Statewide and federal privacy laws, resources, and guidelines including The Health Insurance Portability and Accountability Act are found on the Office of Attorney General website.

  • Corresponding standards, procedures, and guidelines are found on the California Department of Technology (CDT) website.

• Information Management.

  • SIMM, section 5360-A provides details on the state’s Telework and Remote Access Security Standard. The SIMM is available at the CDT website.
    NOTE: SIMM sections 10 through 80 and section 5300 contain standards, instructions, forms, and templates that state agencies use to comply with ITInformation Technology policy.

Telework employees are responsible for the provisions set forth in this Telework Program policy and for self-certifying that the alternate work location complies with established safety requirements as listed on the Alternate Work Location Safety Acknowledgement.

• Telework employees have the right to:

  • Be eligible for the same opportunities as employees not participating in telework including, but not limited to, assignments, development opportunities, promotions, awards and recognition.

  • All provisions provided in the employee’s BU MOUMemorandum Of Understanding, which are neither enhanced nor abridged by participating in the Telework Program.

• Telework employees shall be responsible for:

  • Maintaining all CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS assets (e.g., systems, platforms, office tools, repositories) needed to perform the duties assigned.

  • Securing and maintaining a reliable internet connection with sufficient bandwidth to perform job duties prior to starting telework.

  • Being available by phone, email, or the current department standard platform for online meetings, communication (chat, voice and video calls), and collaboration (e.g., Microsoft Teams) during their designated work hours.

  • Ensuring adherence to all applicable laws, policies, and standards including program- specific guidelines and requirements for governing the security and confidentiality of work-related documents and information while teleworking (Refer to 33060.11).

  • Ensuring the use of state-issued equipment, software, data and supplies provided by CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS is limited to authorized personnel and only for the purposes of conducting CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS business.

  • Contacting the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology Help Desks when experiencing technical or equipment problems to make arrangements for assistance, repair, replacement, or other options (Refer to 33060.17.1).

  • Maintaining a professional work environment at all times while teleworking by ensuring security and confidentiality of work-related information, and reducing visual and noise distractions.

  • Scheduling all in-person meetings at the office and not at an alternate work location.

  • Arranging for any dependent care and other personal responsibilities to ensure working at an alternate work location does not adversely affect normal work duties or professionalism.

  • Retrieving or returning state-issued equipment to and from the alternate work location (Refer to 33060.17.1).

  • Reporting to their manager or supervisor as soon as possible any emergency situations that arise at the alternate work location which result in a temporary or permanent work stoppage (e.g., power outages, flooding, fire, evacuation, etc.) (Refer to 33060.14 & 33060.17.1).

  • Completing mandatory annual Information Security Awareness and Privacy Awareness training. Failure to comply with the training requirement may result in the revocation of ITInformation Technology access to remote services.

  • Participating in all requested studies, inquiries, reports and analyses relating to the Telework Program, which shall be used to monitor participation in the statewide telework program as of the effective date of the Department of General Services Statewide Telework Policy.

Manager or supervisors are responsible for evaluating and monitoring telework participation to ensure:

• The overall management and success of teleworking within their offices.

• Job tasks are suitable for telework and appropriate for the employee’s classification.

• Telework is approved, denied, or revoked.

• A minimum level of in-office presence, if the operational need arises.

• The quality of work completed continues to meet existing program standards.

• Telework Agreements align with program objectives, while maintaining or improving efficiency, productivity, customer service, and safety conditions.

• Required workload is tracked and reviewed on a regular basis.

• During core hours, including lunch period, necessary operational coverage is maintained.

• Access to state ITInformation Technology infrastructure and equipment necessary to support the Telework Agreement by working with the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology, CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ISOInformation Security Officer, and the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS Business Services Offices to assess and provide telework technology hardware, software, equipment and supplies to telework employees.

• Existing office equipment and supply items available through their division, section, or office are utilized whenever possible, or work with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology.

• The return of CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS-owned telework material, equipment, software, and supplies (if applicable) upon termination of the Telework Agreement including separation by employees.

• Employees complete the annual online security awareness training.

• Remote-centered telework employees have shared space available and a process for scheduling shared space for their office days.

• Telework ITInformation Technology access permissions for subordinate staff are revoked or removed as soon as telework is terminated or is no longer needed such as when there are changes in job position, classification, or duties.

• Employees come into the office when internet outages occur or alternatively use personal leave credits (Refer to 33060.17.1).

Managers or supervisors are responsible for evaluating and monitoring employee performance using existing performance standards and measures to ensure:

• Day-to-day performance of telework employees is the same as onsite employees, including communicating general office updates and related information to telework employees.

• Telework employees comply with applicable policies regarding approval for the use of sick leave, vacation, or other leave credits, as well as any overtime worked.

• Assignments, corresponding deadlines, and expected work performance are defined in detail (specific, measurable, and attainable) and in the same manner as for onsite employees.

Department Telework Coordinator

• The department head or designee shall designate a department Telework Coordinator (TC) in Human Resources to be responsible for the overall coordination and monitoring of the Telework Program as follows:

  • Serve as the point of contact for the Department of General Services regarding the CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS telework program and its effectiveness.

  • Serve as a telework subject matter expert (SME) for all program area TCs.

  • Ensure an annual email announcement regarding telework eligibility is provided to all department employees.

  • Work with program area TCs to ensure Telework Agreements are compliant with the statewide Telework Program.

  • Develop departmental policy, guidelines, and implementation for the Telework Program.

  • Serve as an advisor for department leadership regarding telework.

  • Oversee and assist with completion and reporting of metrics on the Telework Program as required.

Program Area Telework Coordinator

• Each HA, or designee, shall designate a program area TC to:

  • Serve as a telework SME for management and employees within their program area.

  • Retain copies of signed and approved initial, modified, or terminated Telework Packages including all related documents for the duration of the telework agreement plus one year following termination of telework. Copies shall be retained in the Official Personal File for the standard retention period of five years.

  • Be responsible for coordinating and monitoring the program area’s Telework Program.

  • Assist managers, supervisors and employees in understanding and using the Telework Program policy, guidelines, and related procedures.

  • Track annual renewal and review of Telework Agreements between telework employees and their managers or supervisors.

  • Liaise with department TC regarding the telework program.

CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology Services are responsible for:

• Maintaining the right to monitor and journal computer activity, without notice, all telework and network activity, including email and internet activities. Telework employees, as with onsite employees, have no expectation of privacy in the use of state computer resources.

• Facilitating the reuse and transfer of state-issued ITInformation Technology equipment meeting CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS standards.

• Ensuring all CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS software or hardware installed for telework is in accordance with software copyright laws and compatible with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS software and equipment standards.

• Ensuring state-issued equipment used for telework is properly tagged, encrypted, and solely assigned to a telework employee.

• Providing assistance to managers or supervisors in defining and assessing the appropriate data communications equipment, hardware, software, services, computer needs, and other information associated with telework.

• Ensuring routine maintenance and repair of CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology assets used for telework.

• Resolving connectivity and state-issued equipment problems as needed for telework activity.

CDCRCalifornia Department of Corrections and Rehabilitation security incidents (e.g., lost or stolen devices) are reported to CDCRCalifornia Department of Corrections and Rehabilitation ISOInformation Security Officer and local ITInformation Technology representatives within 24 hours via the Security Incident Report (available on the CDCRCalifornia Department of Corrections and Rehabilitation intranet), and submitted via email to CDCR-ISO@cdcr.ca.gov. CCHCS security incidents are reported to CCHCS ISOInformation Security Officer within 24 hours via the Information Security Incident Report form (available on the CCHCS intranet), and submitted via email to
CCHCS- ISO@cdcr.ca.gov.

• If equipment becomes lost or stolen, CCHCS employees shall follow the CCHCS Lost and Stolen ITInformation Technology Asset Administrative Policy and Procedure.

If an employee incurs a work-related injury while teleworking, workers’ compensation laws and rules apply the same as they would if such an injury occurred at the office.
Work-related injuries that occur at the alternate work location are reported by completing and submitting the e3067, Employer’s Report of Occupational Injury or Illness.

CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS shall use existing notification processes for notifying employees of emergency situations at the office.

CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS shall provide telework employees the appropriate complement of equipment for one dedicated workstation for either office-centered or remote-centered telework to perform their essential job functions based on the business needs of the department.

• Telework requests requiring a reasonable accommodation shall be reviewed by the manager or supervisor and HA on a case by case basis.

• If approved in advance, telework employees may use their own computer equipment for telework based on the operational business needs. Per SIMM 5360A, employee- owned equipment shall only connect to authorized internet-facing state ITInformation Technology infrastructure services through approved web-based interfaces authorized by EISEnterprise Information Services (formerly Information Services Division)/ITSD (Refer to 33060.18).

Remote-centered telework employees shall be responsible to:

• Furnish their work area with the appropriate furniture. CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS shall not be liable for any investment in furniture for the designated alternate work location.

• Transport moveable items from the office, including office supplies, as needed and setup of any telework equipment at their approved alternate work location. Items lost or broken during transit could be subject to reimbursement by the employee.

• Follow state and CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS procedures to obtain office equipment, software, office supplies, communication devices, and office services needed in their alternate work location.

  • Office supplies shall be acquired from the office or ordered and approved through the acquisition process. In the event of extraordinary circumstances, which do not allow office supplies to be acquired from the office or ordered through the acquisition process, pre‑approval in writing by a manager or supervisor is required. Reimbursements shall be made via normal departmental reimbursement procedures pursuant to all applicable laws, rules, regulations, and policies, including the Fair Labor Standards Act (FLSAFair Labor Standards Act), applicable MOUs, and CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS accounting and travel practices.

  • Any requests to use shared office equipment such as scanners, at an alternate work location shall be determined on a case-by-case basis. If the manager or supervisor determines the employee requires office equipment for telework purposes, the approval of the respective Deputy Director or designee and ITInformation Technology shall be required.

Ensure all equipment used for teleworking conforms to CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS asset management requirements.

Business expenses shall be evaluated in accordance with existing applicable policies, laws and standards. Other business expenses may include, but are not limited to, printers, scanners, and other office supplies. Maintenance of state-owned equipment is managed the same as in the office.

In accordance with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS mobile phone policies and procedures, mobile phone requests shall be submitted to CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology through their departmental incident tracking system.

If an employee needs a work phone number, they shall be provided a single phone number that can be accessed from both their alternate work location and office location.

CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS is not responsible for substantiating an employee’s claim of tax deductions for teleworking. An employee should seek advice from a tax advisor concerning telework deductions.

In the event of equipment, connectivity, or software malfunctions, telework employees shall notify the manager or supervisor immediately to discuss alternative work assignments (Refer to 33060.12).

Managers or supervisors shall determine if equipment, connectivity, or software downtime warrants having telework employees report to their office based on root cause of issue, estimated time to repair, travel time and distance to the office (Refer to 33060.13).

Telework employees are responsible for returning malfunctioning or damaged state‑issued equipment and assets to their office for repair (Refer to 33060.12). Managers or supervisors shall determine if travel time and distance to do so outweigh cost to ship the equipment and coordinate equipment return with ITInformation Technology.

The CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology Help Desks shall provide support via telephone to assist telework employees with state-issued equipment and remote desktop service.

Employees shall understand that using their personally-owned equipment subjects their hard drive, software, and any other type of electronic storage media to the possibility of subpoena or lack of privacy through legal action taken against, or by, the state in accordance with the Electronic Communication Privacy Act of 1986.

Telework employees may use their personally-owned computing equipment for telework under the following conditions:

• The employee’s personally-owned computing equipment and software comply with the SIMM 5360-A.

• The employee’s computer resources and software ability meet ITInformation Technology standards and allow for required productivity and security in accordance with information security policies.

• The HA, or designee, approves a request for remote access as required by DOMDepartment Operations Manual 33060.9 Telework Package and in accordance with authorized procedures.

• The HA, or designee, after consulting with CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS ITInformation Technology, provides written authorization for the employee to use their personally-owned computing equipment.

Upon approval of an employee’s request to use personally-owned equipment, the employee agrees:

• The maintenance and repairs of the personally-owned equipment remain the responsibility of the employee.

• The HA, or designee, does not assume any liability including, but not limited to loss, theft, or damage of personally-owned computing equipment as a result of telework-related activity.

Out of state telework on a regular basis is prohibited. A telework schedule may be approved for an employee who is temporarily residing outside of the state. This is only applicable in situations that require temporary out-of-state telework, such as Reasonable Accommodations or qualifying circumstances pursuant to the Family Medical Leave Act or the California Family Rights Act. A CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS employee who is temporarily residing in another state shall remain within the jurisdiction of the regulatory agencies and laws that are administered by virtue of being employed by the State of California and CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS.

The employee may request to terminate the Telework Agreement at any time, for any reason and when feasible, provide their manager or supervisor written notice at least 30 calendar days in advance of the requested termination date.

• The manager or supervisor may deny or delay the termination request for up to 14 business days or until designated office space can be secured.

• Upon approval of an employee’s request to terminate telework, the employee shall start working at their office the next business day following the effective date of the termination.

In the event the denial, modification, or termination of a Telework Agreement is deemed necessary by the department, the HA or designee shall:

• Endeavor to provide the employee at least 30 calendar days’ notice, but no less than 15 calendar days’ notice to employees when permanently terminating or permanently modifying a Telework Agreement. This advance notice is not required due to unforeseen operational need or by mutual agreement between the employee and management. The written notice shall state the reason(s) for the denial, modification or termination including, but not limited to:

  • CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS operational needs (e.g., backlog).

  • The employee’s BU MOUMemorandum Of Understanding does not include provisions for a telework program.

  • Unavailability of ITInformation Technology assets.

  • Other circumstances which make a requested Telework Agreement inappropriate or impractical (e.g., nature of the work).

  • Failure to adhere to the terms of the Telework Agreement.

• In the event of a denial, a copy of the written notification to the employee shall be provided to Labor Relations.

Upon termination of a Telework Agreement, the employee’s work location shall revert to their identified office, pursuant to the termination notice.

Questions regarding the telework provisions of any particular BU MOUMemorandum Of Understanding shall be directed to the CDCRCalifornia Department of Corrections and Rehabilitation Office of Labor Relations or CCHCS Labor Relations Unit.

Personnel questions shall be directed to CDCRCalifornia Department of Corrections and Rehabilitation or CCHCS HRHuman Resources.

All other questions regarding telework shall be directed to the TC, employee’s manager, supervisor or HA.

California Public Contract Code
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PCC
California Department of Technology, Office of Information Security Policy, Standards, Instructions and Guidelines
https://cdt.ca.gov/policy/
Telework and Remote Access Security Standard SIMM 5360-A
https://cdt.ca.gov/wp-content/uploads/2019/06/SIMM-5360-B_2018-0108.pdf
California Department of Personnel Administration, The Computer User’s Guide to an Ergonomic Workstation
https://www.calhr.ca.gov/Documents/computer-users-guide-to-an-ergonomic-workstation.pdf
California Correctional Health Care Services, Telework Program Frequently Asked Questions
http://lifeline/PolicyandAdministration/ResourceManagement/HumanResources/Documents/CCHCS-Telework-FAQs.pdf
California State Telework Guide
https://telework.govops.ca.gov/
Information Security Incident Response
http://intranet/ei/information-security/CDCR%20ISO%20Forms/ISO-SIR.pdf#search=security%20incident%20reporting

The CDCRCalifornia Department of Corrections and Rehabilitation/CCHCS Deputy Director, HRHuman Resources, or designee, and Director, EISEnterprise Information Services (formerly Information Services Division), or designee shall ensure that the contents of this article are current and accurate.