Policy – Subject Matter Minute Blog

Subject Matter Minute, Episode #61 – Flexible Work Schedule Policy

The below post is taken from the Video Blog, the Subject Matter Minute. If it’s a little hard to read, it’s because it’s taken from the spoken word. You can view the episode on YouTube if you would like. Find it here: Episode #61 – Flexible Work Schedule Policy

If YouTube is blocked for you or your agency, you can scroll to the bottom of this post to view it from Google Drive. (I would prefer you view it on YouTube, so I know how many people have watched)

You can also listen to an audio version.

Hello! Good to see you all again, I know it’s been a while… There were a couple of possible topics that weren’t quite ready for primetime, and my involvement with the implementation of our new HR software, Neogov, has kept me pretty busy, so, yeah… it’s been a while. Please forgive me. 🙂

If you missed it, the last episode was on our vision benefits, which was a redo since some numbers and coverage had changed since the first recording 5 years ago. Check it out if you haven’t…

I’m curious how many of you out there are early-morning folks? I have definitely become one. I find the morning coffee time to often be the best time of the day. Well, this past winter, a group of friends and I have taken the early morning thing up a notch. It has pushed my quiet coffee time to even earlier, but in the end, it really feels even better. We got up to at least 2-3 days a week of early morning cross-country skiing at Happy Jack. Leaving around 6 and getting back about 7:45. No matter what the weather situation was, we always feel great after the ski. Got to see some amazing sunrises, forests of frost, and snowstorms, and got into some pretty good shape.

And since the interstate was closed so often this year, we also discovered the Wyoming Travel Authorization Program, or W-TAP through WYDOT. This allows you to drive on closed roads in certain situations. It’s fabulous for getting to Happy Jack. You might want to check it out…

Anyways, cheers to all of you early morning people!

Alright, let’s get started on today’s subject… today we are going to talk about the state’s policy on Flexible Work Schedules. (music)

The reason I’m going into it now is because it recently changed. I’m not going to go into the changes because, honestly, who cares! It is what it is now…

So, I’m just going to say upfront that if you are a full-time employee, the policy basically allows any sort of schedule as long as your 40 hours fall within the “official workweek.” The official workweek is Saturday to Friday.

Of course, having said that you know that this, or any change to your schedule, would need to be approved by your supervisor and agency director.

Also, there are a few exceptions to the rule of staying within the “official workweek.” One of which is the ability to do the Phoenix schedule. I had never heard of it before reading this, but a Phoenix schedule is when you work 4- 9 hour days, say Monday through Thursday, and then work an 8-hour Friday every other week. So basically taking every other Friday off. This is allowed even though it falls outside of the “official workweek.” You are still averaging 40 hours a week with this schedule.

There are a few other exemptions to this which you can find in the Compensation Policy, Chapter 5, Section 6.

But again, if you stay within the official workweek, and your supervisor and agency director approves it, the policy allows you to have pretty much any work schedule you can dream up.

Now all employees, non-exempt or exempt, are expected to work the agreed-upon weekly schedule, however, sometimes things come up and hours fluctuate. As mentioned, non-exempt employees can flex time within the same workweek. But they can only flex time within the same workweek because they are eligible for overtime after working 40 hours. However, because exempt employees are paid on a monthly salary, and don’t get paid for overtime, they can flex time outside the workweek within the same month. So, they can work 50 hours one week and 30 the next, for example.

If you go read the policy, which you can find in the show notes, you will see that it goes through all the details. It talks about eligibility and that it’s a case-by-case situation that must work for both the employee and the state.

It defines 5 different types of flexible work schedules. I’m not going to define those for you, because what it ends up meaning is exactly what I’ve described to you. You can do most anything.

So, if you want to use the correct word when you go to your supervisor about this; variable, alternative, extended, compressed, or phoenix, then check out the policy.

And actually, you will need to know the correct term to fill out the Flexible Work Schedule Agreement which you can find on the A&I website on the HRD Policies and Procedures page… or in the show notes. 🙂 So, you will need to get approval and fill out the agreement to make this happen.

I think it goes without saying that flexible work schedules can be canceled at any time by management, although they will give you 14 days notice. Also, any changes to a flexible work schedule must be approved by your supervisor and the agency director. And finally, this can be considered a reasonable accommodation under the ADA.

I think that this new policy is very forward-thinking of the state. Whether it has been kinda forced by a lack of recruitment ability…………. Doesn’t matter. 🙂 It’s still awesome.

So, if you have a schedule that works better for you, works for the state, and works for your supervisor, talk to him or her and give it a go! Who knows, you might be able to squeeze in more activities like xcountry skiing with a different schedule!

Ok, that’s it for this episode! I’m starting to get a little sleepy since I was up at 5:00 this morning. See ya next time.

Subject Matter Minute, Episode #48 – Reasonable Accommodation

If YouTube is blocked for you or your agency, you can scroll to the bottom of this post to view it from Google Drive. (I would prefer you view on YouTube, so I know how many people have watched)

You can also listen to an audio version.

Hello and welcome to the Subject Matter Minute, I’m Matt Nagy, thanks for joining me!

Today’s show is going to be a bit long, so I’m going to get right into it.

Today we are going to talk about Accommodation. (music)

Before we get started, I’d like to thank Russell Webb of HRD for taking the time to help me understand the definitions and processes of accommodation at the state. Thanks, Russ.

There are two areas protected under the law that accommodation can be requested for… disability and religion. Under Title I of the Americans with Disabilities Act (ADA), a reasonable accommodation is a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. These modifications enable an individual with a disability to have an equal opportunity to get a job and successfully perform their job tasks to the same extent as people without disabilities.

The law also requires an employer to reasonably accommodate an employee’s religious beliefs or practices. This means an employer may be required to make reasonable adjustments to the work environment to allow an employee to practice his or her religion.

For both disability and religion, An employer does not have to provide a reasonable accommodation if it imposes an “undue hardship.” Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. So that will vary by agency…

An employer generally does not have to provide a reasonable accommodation unless an individual has asked for one. The employer can start the conversation if there is a safety issue. Also, if a supervisor believes that a medical condition is causing a performance or conduct problem, he or she may ask the employee how to solve the problem and if the employee needs reasonable accommodation. However, if the employee says that they do not need or want an accommodation, the discussion should stop there.

So the process generally begins with an employee requesting an accommodation. The supervisor then has 30 days to follow up with the employee. If management fails to follow up within this time, they are said to have “refused accommodation,” and this opens the state up to liability. After management follows up, the employee then has 30 days to follow up. If the employee fails to do so, they forfeit their right to accommodation. However, they can start the process over by again requesting accommodation.

The key is that the employee must be able to perform the “essential functions of the job,” as they are written in the job description. This means that if a “non-essential” function is an issue, those functions could be reassigned to another employee. This is a type of accommodation. However, essential functions cannot be reassigned. This is where other types of accommodation come into play.

The State doesn’t necessarily have to provide the preferred accommodation if there is something else that allows for the performance of the job’s essential functions and meets the needs. There are generally 4 things that need to be taken into consideration when determining accommodation. Cost, function, safety, and scheduling. How much might this cost? Are the essential functions being met? Are there any safety concerns? Does the schedule change work for everyone?

Also, bona fide seniority systems and collective bargaining agreements can supersede requests for schedule changes. Also, employers are not required to displace another employee to provide accommodation. For example, if there is no room on the other shift that doesn’t work Saturdays the employer is not required to force someone on that shift to trade shifts, nor is the employer required to create a job, there must be an existing opening. Again, employers don’t have to provide the requested accommodation, just something that meets the needs and enables the employee to complete essential functions of the job.

The agreed-upon accommodation is for the length of employment unless stated otherwise. For instance, a temporary one might be a short-term medical condition.

I mentioned in the beginning that there are 2 areas that accommodation can be requested for. Disability and religion. Many religious accommodations are about scheduling. Requesting to not work on a day of the week that conflicts with certain religious activities. Naturally, we think, ya know… Sunday. But it could be any day for different religions. And it could be temporary as well. A good example is Ramadan. This is a situation where scheduling changes could make it easier for someone to get their work done while fasting. Other reasons for religious accommodation would be for clothing or displaying religious items in the office.

As an example, an employee at the State said he should not have to wear a hard hat while at work because his religious beliefs required him to wear a head covering. The covering he chose to wear prevented him from wearing a hard hat. After some research and engaging in the interactive process it was discovered this was a preferred head covering by the employee and others were available to him. He eventually agreed to wear a different style of head covering while at work that permitted him to also wear a hard hat.

Remember… safety trumps all else. You will not get an accommodation if there is a safety issue involved.

I think it’s fairly standard for us to think that providing an accommodation is going to be cost-prohibitive. Turns out this is usually not true.

The typical cost of accommodation is $500

A 2020 survey report by the Department of Labor’s Office of Disability Employment Policy showed that 56% of workplace accommodations for employees cost absolutely nothing to execute. The remaining ones typically cost just $500.

I’m going to finish this out with some examples.

Example 1

Situation: An office employee with limitations in using her hands found it difficult to operate the computer mouse.

Solution: The employer arranged for a foot-operated computer mouse, footpad, and speech-to-text software. The accommodation was successful.

Cost of Accommodation: $300

Example 2

Situation: An office worker with cold sensitivity was experiencing pain in the head and neck because of the office temperature.

Solution: The employer switched off an air conditioning vent in the employee’s work area (cubicle) and diffused another vent away from the cubicle. The employee was also provided with a heated scarf.

Cost of Accommodation: $115

Example 3

Situation: A professor with a mental health problem was finding it hard to concentrate at the workplace. The professor operated in a shared office space, and the cause of his problem was frequent interruptions.

Solution: A private office space was provided to the professor.

Cost of Accommodation: Zero

Example 4

Situation: A county government employee with a kidney disorder requested to work remotely because of the need to take frequent breaks and difficulty in commuting.

Solution: The employer permitted the employee to work from home and provided computer equipment to set up at home.

Cost of Accommodation: Zero (because the same equipment was provided to all employees)

Example 5

Situation: An employee working in a lab environment was finding it hard to communicate with colleagues because of a progressive hearing loss.

Solution: Co-workers were asked to first ensure he was looking at them before they began to speak. In addition, every verbal communication was followed by written email communication. Everyone benefited from this accommodation because they had a written record they could refer to at any time.

Cost of Accommodation: Zero

Alright… I’m outta here! I hope this is useful to those supervisors who need to deal with this situation and those employees who need accommodation. See ya next month on the Subject Matter Minute.

Subject Matter Minute, Episode #47 – Weather Closure Policy

You can also listen to an audio version.

Hello and welcome to our little State of Wyoming variety show, the Subject Matter Minute. Where you come to get information and find yourself cringing at my humor. Speaking of, one of my favorite lines from a song is by the Gin Blossoms… “If you don’t expect too much from me, you might not be let down.” I tell my wife that all the time. She doesn’t think it’s very funny.

Alright… let’s get to the task at hand. Last month we covered the effects of Human Resources consolidation on all of us. And what was the one takeaway?

Today I’m going to cover Weather Closures.

We all love a good snow day, right? Everyone hopes that there is just enough snow to shut things down so you can stay cuddled up in bed, or have an extra cup of coffee, or cross country ski to lunch. And while it almost never happens, we always hope. I remember growing up in Lander and turning on the radio to find out if we had to go to school. Fingers crossed! This was before email, websites, etc… we had to find out via the radio. But it was the best day ever when we heard those words. “School cancelled!”

Well, every once in a while the State gets shut down due to snow. The recent “snowmageddon” event definitely shut things down. Especially in Cheyenne.

There was some confusion during that time. A ton of us were teleworking for the first time and people just weren’t sure what that meant for a snow day. Well, sadly, for those that telework full time or are scheduled to telework on a weather closure, the snow day is no longer. And worse yet… if you are unable to telework due to taking care of snowbound children or something similar, you MAY BE expected to use annual leave. This depends on the expectations provided by your management. Many of these situations are circumstantial so it would be best, if you can, to clarify as much as possible in the telework agreement beforehand.

One of the stated reasons that the state expanded the opportunity to telework is that the government can stay open on inclement weather days. Honestly, the reason for snow days was to keep employees safe and off the roads, and since you can safely work from home, this doesn’t come into play.

There’s more to say, but I’ve got to pause for a second and thank Jenny Wacker who helped me out with this information. She is the telework queen as she was tasked with running the show on creating the new policy. But please don’t blame Jenny for ruining the snow day. It was not her fault.

I think that for those that are teleworking full-time, it’s pretty straightforward. However, if you are teleworking part-time, intermittently, or temporarily, you need to be sure of your supervisors expectations. The setup should work for both the employee and the state. There are scenarios where this could become unfair, and this is not ok. This is one of the reasons why all teleworkers are required to have a signed telework agreement. Expectations can be set up in the agreement, so there are no surprises and no confusion. If you expect to get a snow day when it snows on a day that you would normally work in the office, then work that out with your supervisor and get it in the agreement.

The bottom line is that this should be common sense. If the state closes on a day that you are supposed to be in the office, then you should get a snow day. If you are scheduled to telework on that day, you should work. However, everyone’s supervisors are different, and, like usual, these things are at the discretion of the agency and/or director, so find out what his or her expectations are.

Since there are some shades of grey here, we have put together an FAQ to try to cover most questions. Go to the “Telework Wyoming” webpage and scroll to the bottom. I also included the link in the show notes.

https://drive.google.com/file/d/1u4h7izpftIAz0MCuvkU7JHwG15qM3Lhn/view

While it sucks to not get a snow day, I think the best way to think about it is as a bit of a trade-off. Right? Telework allows for flexibility. No commute, eating your own food, do a load of laundry, heck, wear pajama bottoms… and still get in a day of work. I think that because we “get” to do that, we also “get” to work on snow days. And whether you agree with me or not doesn’t matter, ’cause them’s the rules!

Ok… so what happens if there is a power outage? Good question! If a power outage or loss of internet occurs at your telework location and extends past two hours, then you/we MAY be required to return to our primary work location. If the primary work location or your onsite office is closed due to inclement weather, we MAY be expected to use annual leave. We have to coordinate with our supervisors for direction on how to proceed in these situations. … I say MAY because, as ALWAYS, these decisions are at the discretion of the agency and/or director.

For those of you who do not telework, and are NOT emergency personnel, you still get to sleep in on those rare snow days. Enjoy!

Alright, that’s it for today! Everyone have a fabulous week, and I’ll see you next month on the next Subject Matter Minute.