Remote Worker

MnDOT Policy #WF031
Effective: August 26, 2022
Reviewed: August 23, 2024

Please go to the MnDOT Org Chart to find specific contact information: Org Chart.

Responsible Senior Officer: Deputy Commissioner/Chief Administrative Officer
Policy Owner: Director, Office of Human Resources
Policy Contact: Labor Relations Manager

Policy statement

The Minnesota Department of Transportation (MnDOT) fully adopts the enterprise policy, Remote Worker, HR/LR #1447, which was issued by Minnesota Management and Budget and incorporated herein by reference. The enterprise policy provides the requirements for reviewing positions for remote work and states that agencies may employ remote workers only when doing so meets the agency’s business needs.

Criteria for Remote Work

A position may be designated as a remote work position if one of following two criteria are met:

The position is difficult to fill due to specialized licensure, experience, or educational requirements.
Examples include:

Significant recruitment efforts have failed;
The position requires theoretical and practical application of a body of highly specialized knowledge or a high degree of experience;
The nature of the specific duties is so specialized and complex that qualified applicants are hard to attract;
The position requires that the incumbent have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty; and/or
Other factors that demonstrate why a position is difficult to fill.

The work can only be completed in a specific geographical location.

Reason for policy

The objective of the enterprise policy is to provide guidance to state agencies on when they may employ a remote worker, and to set forth expectations for agencies, supervisors, and remote workers. The enterprise policy requires agencies to:

Adopt the enterprise policy and communicate the policy to all remote workers.
Comply with the terms of the enterprise policy for any remote work positions.
Create a process for reviewing whether a position should be a remote work position and draft any corresponding agency-specific policies or procedures deemed necessary if the agency plans to create remote work positions.
Maintain corresponding tools/resources created by the agency.
Provide applicable supervisor and remote worker training. Topics may include remote work policy and procedure, data security and privacy, FLSA, communication, injury reporting, goal and standard setting, technology use and guidelines, safety, time reporting, etc.
Identify and document internal controls related to remote work.
Receive approval by MMB prior to posting a remote work position.

MMB maintains the enterprise policy and corresponding tools and resources, updates the enterprise policy as necessary, and approves agency requests for remote work designations.

Applicability

All MnDOT employees must comply with MnDOT policies.

Key stakeholders with responsibilities under this policy include:

Office of Human Resources
Hiring Managers/Supervisors

This policy does not apply to employees who:

Work at home as a reasonable accommodation
Work at home on a case-by-case or situational basis
Are mobile workers or teleworkers

Definitions

Remote Worker

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

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.

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.

Responsibilities

Office of Human Resources – Central Office Labor Relations

Communicate the policy to all remote workers.
Ensure compliance with the terms of the enterprise policy for any remote work positions.
Consult with Hiring Managers/Supervisors to determine whether a position meets the criteria and may be designated and posted as a remote work position.
Submit requests for remote work designations to MMB for approval prior to posting the position as a remote work position..
Provide applicable supervisor and remote worker training.
Identify and document internal controls related to remote work.

Hiring Managers/Supervisors

Consult with the Office of Human Resources – Central Office Labor Relations to determine whether a position meets the criteria and may be designated and posted as a remote work position.

Policy Owner (Director, Office of Human Resources)

Review the policy every two years, or whenever MMB makes changes to the enterprise policy, to ensure the policy remains up to date.
Ensure processes and training associated with the policy remain current.
Monitor state, federal, enterprise, agency, or other requirements that apply to the policy or procedures.
Consult with the Office of Chief Counsel to ensure the policy and procedures remain compliant with all state, federal, enterprise, agency, or other requirements.
Ensure that necessary approvals by state or federal agencies are obtained before changes to the policy or procedures are implemented.
Work with the Policy Coordinator to revise the policy and/or confirm its accuracy.
Communicate policy revisions, reviews, and retirements to stakeholders.

Resources

Remote Worker, HR/LR #1447
Business Data Catalog (BDC) – accessible from employee Intranet
MnDOT’s Policy Website

History and updates

Adopted

August 26, 2022

Policy Review

August 23, 2024: Updated policy owner responsibilities to match revised template.

This policy's next scheduled review is due August 2026.