Senate Bill 2810

(As Passed the Senate)

AN ACT TO AMEND SECTION 25-1-98, MISSISSIPPI CODE OF 1972, TO PROVIDE THE TERMS AND CONDITIONS FOR ALLOWING STATE EMPLOYEES TO ENGAGE IN TELEWORK; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 25-1-98, Mississippi Code of 1972, is amended as follows:

25-1-98. (1) (a) In addition to any other times required by statute, all state offices shall be open and staffed for the normal conduct of business from 8:00 a.m. until 5:00 p.m., Monday through Friday, except on legal holidays as set forth in Section 3-3-7. The Governor may designate certain state offices and institutions as providers of essential services and require that they be open and staffed on legal holidays. The Board of Directors of the Mississippi Industries for the Blind may, in its discretion, require that its offices and operations be open and staffed on legal holidays. Employees required to work on legal holidays shall earn compensatory leave under the provisions of Section 25-3-92. No employee shall receive additional vacation or sick leave benefits for working on a legal holiday, nor shall this section be construed to authorize any additional compensation as an alternative to the accrual of compensatory leave except as specifically provided for in a legislative appropriation. The provisions of this section shall not be construed to limit the hours of operation of any agency or to abrogate any action taken during hours other than those stated, nor shall these provisions apply to any offices that do not customarily stay open five (5) days a week. The provisions of this section shall not apply to the military department of the State of Mississippi or to the armories, field training sites, air bases or other installations of the Mississippi National Guard.

(b) A workday for a state employee in a full-time employment position shall be eight (8) hours in duration at a minimum exclusive of time off for meals. The appointing authority shall develop work schedules which ensure that each full-time employee works a full workday and shall provide the State Auditor with a copy of the regular work schedule of the appointing authority.

(2) An appointing authority may authorize telework for one or more of its employees in the following instances:

(a) When the Governor has declared an emergency under Title 33, Chapter 15, Mississippi Code of 1972, authorizing appointing authorities to allow telework;

(b) When the appointing authority has determined that an employee has a medical condition that necessitates such employee be protected from exposure to members of the agency staff or the public;

(c) When an employee is responsible for the care of a person who is under order to quarantine by the Department of Health;

(d) When access to the workplace is barred by inclement weather or other conditions which make it dangerous for employees to report to their assigned place of work; or

(e) In accordance with a telework policy, approved by the State Personnel Board, as provided in subsection (3) of this section. This paragraph (e) shall stand repealed on July 1, 2023.

(3) In order to implement a telework policy for one or more of its employees, an appointing authority shall:

(a) Determine whether or not telework is in the best interest of the agency. In doing so, the appointing authority shall seek guidance from the State Personnel Board in determining what forms of work activities can be effectively and efficiently managed through a telework arrangement;

(b) Establish procedures to protect any information that is privileged or confidential under state or federal law;

(c) Require all teleworking employees to sign a telework agreement that includes their work schedule, provides for supervisory oversight through the review of work product and deliverables on a regular basis, requires the protection of privileged or confidential information that is managed remotely on an agency computer or other devices, establishes protocols for accessibility to coworkers and clients, workplace safety, and any other matters deemed appropriate by the appointing authority; and

(d) Establish work schedules that ensure that some personnel are at the appointing authority's offices to provide direct contact with the public.

(4) For purposes of subsections (2) and (3) of this section, the term "telework" shall mean a work flexibility arrangement under which an employee performs duties, responsibilities, or other authorized activities from an approved worksite other than the location from which the employee would otherwise work.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.