This applies to all employees (employees of public agencies or private sector businesses). Prior to the COVID-19 pandemic, many state agencies telework policy documents contained language describing traits and behaviors required for an employee to be a successful teleworker. Their assigned work requires them to work beyond the borders of Washington state. For represented employees, notice may be required. The exact process of performance management is establishedin WAC, CBAs and agency policy. Moving forward, state executive branch agencies should either remove or not reinstitute any previous language in their remote work policies which prohibits caring for others while working remotely. It is recommended that the agency consult with their AAG on questions related to data privacy for out-of-state workers. Agencies are advised not to imply verbally or in writing to the employee that they will never be asked to return, even if the out-of-state telework agreement is being approved. These resources include a remote ergonomic self-assessment, a remote ergonomic checklist, and a list of typical equipment and tools an agency may want to issue to teleworking employees. It is strongly recommended that the agency consult with their AAG prior to approving telework outside of the United States. The differential or premium would be paid for whole shift if any hours are worked between 6 pm and 6 am. If so, what should agencies do prior to agreeing to telework and/or to prepare for that liability? The purpose of this guidance is to provide executive branch agencies with information and increased awareness for how to support out-of-state telework. Caring for others shall not preclude a state employee from teleworking, although the employer reserves the right to revisit or withdraw approval to telework if the employee is not able to effectively perform their assigned work. Hiring employees You must have a registered business in order to hire employees in Washington state. What are the steps to follow for out-of-state teleworkers? This obligation does not apply if the Oregon resident does not work in Oregon. The tax is required to be withheld by the employer from applicable employee wages. Absent an MOU, employees would be entitled to shift premium if the Collective Bargaining Agreement provides for it, even if the employee is asking for the change. 17, the same date the temporary guidance expires. From a workers compensation perspective, the same analysis would be used to determine workers compensation coverage requirements regardless of whether the worker is teleworking, working at customer locations or attending conferences in another state. The Department of Enterprise Services has created an Online Learning Resources webpage for state employees stock full of development opportunities. Federal guidance issued in 2004 defines the base of operations as: the place, or fixed center of more or less permanent nature, from which the individual starts work and to which the individual customarily returns in order to receive instructions from the employer, or communications from customers or other persons, or to replenish stocks and materials, to repair equipment, or to perform any other functions necessary to exercise the individuals trade or profession at some other point or points.. For workers' compensation purposes, there is no difference whether the worker is performing manual labor or clerical telework. Where each worker should be covered is determined by the specific circumstances of each worker, and not by the state where the employer is based. During the pandemic, teleworking from outside the state of Washington became a requirement for employees residing in Oregon or Idaho. Employers should follow the law or CBA rule for represented employees that is most generous to the employee. Based on the facts above, we strongly recommend that executive branch agencies adopt the following long-term approach to managing the performance of their workforce when working remotely. This could also be an employee that primarily works in a Washington office, but will occasionally work in their Oregon or Idaho home. This guidance does not address the issues involved for out-of-country telework. Polly. An example of this is a truck driver that spends roughly equal time in many different states, but whose company or headquarters is located in Washington. Employers should consider SAAM Chapter 10 when defining an employees official duty station. The economic benefit of good state jobs strengthens our communities. Providing care for others. It is recommended that agencies review the applicable CBA and work with OFM Labor Relations on this issue. WAC 357-28-255(3): (3) When an overtime eligible employee experiences a schedule change which causes an overlap in workweeks and requires work in excess of forty hours in either the previous or current workweek, the employee must receive overtime compensation. Full-time. Notwithstanding this rule, the State may be required to collect and remit the statewide transit tax for Oregon resident employees working entirely outside of Oregon if the State has other employees working in Oregon (and therefore has a payroll tax filing obligation). However, non-reciprocal states may require separate coverage there, or they may accept Washington coverage on a case-by-case basis for temporary work in their state. However, there may be some exceptional circumstances where a state agency decides to allow a state employee to move out of the state of Washington and maintain employment. There are also two visual process maps that outline steps to take and options available during operational interruptions. The employer should provide as much notice as possible before withdrawing approval to telework. Whether the employee visits the Washington office to restock equipment or supplies or has equipment shipped to them at their Oregon/Idaho home office also has an impact on where their base of operations is located. Agency will need to ensure overtime eligible staff are tracking hours, working only their scheduled shift, not working in excess of their scheduled hours, and taking appropriate breaks. Serious health condition employees own health condition, or to care for a spouse, parent, parent-in-law, or child. That means working with employees, recognizing their unique needs, and seeking to provide access to flexible workplace arrangements with fairness and consistency. This guidance attempts to balance the critical goals of finding and retaining the best, most qualified candidates to perform the important work of our state government, while prioritizing the reinvestment of taxpayer dollars back into our Washington state communities. 2023 Governor's proposed supplemental budget, 2022 Governor's proposed supplemental budget, 2021 Governor's proposed supplemental budget, 2020 Governor's proposed supplemental budget, 2023-25 operating and transportation budget instructions, 2021-23 operating, transportation and capital budget instructions, Fiscal impact of ballot measures & proposed legislation, 2021 general election ballot fiscal information, State Administrative & Accounting Manual (SAAM), Contact Facilities Oversight and Planning staff, Facilities Portfolio Management Tool (FPMT), Bill Enrollment and Agency Request System (BEARS), Results through Performance Management System (RPM), Furlough and layoff information for employers, Change management guidance for sustaining a remote or hybrid work environment, Out-of-state telework guidance and resources, Space use, footprints and telework guidance for HR and facilities staff, Telework position eligibility guide - 2021, Workforce diversity, equity and inclusion, Telework designation and agency discretion, Registering as an employer in other states, https://www.oregon.gov/employ/Businesses/Tax/Pages/OPRS.aspx, https://www.labor.idaho.gov/dnn/Businesses/Help-with-Unemployment-Tax, Washington workers traveling out of state, registering online with the Oregon Business Registry through the Secretary of State, Oregon laws sourrounding means and breaks, California Equal Pay Act and California Fair Pay Act. The guidance above is intended to address only situations where an employee holds a position designated as telework-eligible because they perform some amount of work that can be accomplished remotely. Although transitioning to widespread remote work was challenging, after more than a year of working this way we now know that in most situations, it has not resulted in substantially reduced productivity. Agency will need to determine which time zone the employee lives in and which time zone the business is done and document this information on the telework agreement along with an attestation to their work schedule. What was previously thought to be impossible or at least impractical is now accomplished with regularity. *Employee can take up to 12 weeks of pregnancy disability leave in addition to 12 weeks for any reason listed here. The key legal language is that the work in the second state outside of their core/primary work location is temporary or transitory in nature or consists of isolated transactions. RCW 50.04.120(2). Conversely, the State faces considerable risk of increased turnover, reduced productivity and diminished workforce participation by some demographic groups if does not continue supporting telework for employees. This guidance does not comprehensively address every scenario nor serve as a substitute for legal advice. Their hours would still be reported as usual on their Washington workers compensation policy/L&I quarterly report. If there is no base of operations, choose Washington. Manage Your Account. In addition to the federal Family Medical Leave Act, Oregon has its own Family Leave Act (OFLA). For additional information related to Oregon paid sick leave, see: Misc. State agencies and higher education institutions may, but are not required to, decide to support out-of-state remote work. An employer is required to report and pay the WBF assessment with other applicable payroll taxes. Ergonomic assessments are a very important part of the health and safety of our employees, regardless of if the telework situation is temporary or long term. The total annual earnings include the base pay and any additional compensation or premiums such as overtime, call-back, standby or assignment pay. Goal of this guidance To successfully implement telework in the workplace, a sound organization For instance, if some work is performed in Washington, and the direction and control is in Washington, the individuals work would be considered localized in Washington and reportable. Supporting victims of violence or stalking. HR or payroll staff will need to research the correct amount of withholding and manually input the amount into the system. 2. W-2s need to be filed manually with each state where the employee has worked. If your agency chooses to be a cost-reimbursing employer you must still report employee wages to the Idaho Dept. Please note that these wage types can be used for other items such as local taxes as well. However, there may be some exceptional circumstances where a state agency decides to allow a state employee to move out of the state of Washington and maintain employment, or even when an agency needs to recruit from beyond Washington's borders. They allow employees to depend on their employers commitment to supporting mobility and a human-centered work environment. It includes numerous options to allow flexibility for those state employees with children or other dependents requiring care in the home and other resources and recommendations for supporting employees in light of the ongoing pandemic and school closures. Washington State jobs in Remote Sort by: relevance - date 21,126 jobs Licensed Telehealth Therapist - Full-time Lyra Clinical Associates 4.3 Remote Estimated $71.9K - $91.1K a year Full-time Easily apply Licensure renewal reimbursementup to 5 state licenses. They may do so where it helps them meet a business need or where there is a supporting policy rationale. The state of Washington as an employer must remit unemployment insurance taxes to Idaho for an employee working in Idaho. Before making the final determination that a teleworking employee is not able to effectively accomplish their assigned work remotely, the supervisor should discuss and document performance concerns with the teleworking employee just as they would with an on-site employee. Monday to Friday. Providing notice is intended to give the employee enough time to make any personal arrangements necessary to allow them to return on-site not to impair the ability of the business to respond appropriately to an urgent business need. The Washington workers compensation coverage would also cover temporary work in Oregon that is performed by Washington workers, and the Oregon workers compensation coverage would also cover temporary work in Washington that is performed by Oregon workers. Veterans. This obligation does not apply if the Idaho resident does not work in Idaho. For the 2021 tax year, the Oregon standard deduction is $2,350 in the case of an individual filing a separate return and $4,700 in the case of an individual filing a joint return. They also increase the likelihood that employees will remain with the agency and to help build a positive reputation of the agency as an employer of choice. 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