Senate Bill 2832

AN ACT TO AMEND SECTION 25-1-98, MISSISSIPPI CODE OF 1972, TO AMEND THE STATE TELEWORK POLICY; TO REQUIRE STATE AGENCIES TO COMPLY WITH THE PROVISIONS OF THIS ACT TO PARTICIPATE IN TELEWORK PRACTICES; TO REQUIRE THE STATE PERSONNEL BOARD TO PROMULGATE RULES FOR COMPLIANCE FOR THE STATE AGENCIES UNDER THEIR PURVIEW; 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 of any state service agency within the meaning of Section 25-9-107 may authorize telework for one or more of its employees in accordance with a telework policy, approved by the State Personnel Board, as provided in subsection (3) of this section.

(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 may 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.

(5) All agencies * * * ~~that allow employees to telework~~ under the State Personnel Board purview shall report to the State Personnel Board the names of the employees, their job titles, office schedule and telework schedule, who are performing telework for their agencies. On or before December 31 of each year, the State Personnel Board shall make a report related to the utilization of telework policies to the Chairmen of the House and Senate Appropriations Committees, the Accountability, Efficiency and Transparency Committees, and the Joint Legislative Committee on Performance Evaluation and Expenditure Review.

(6) All agencies shall be in compliance with the provisions of this act by September 30, 2024. In the event that an agency is not in compliance, and absent emergency circumstances, the State Personnel Board shall not process any personnel actions within the system of record otherwise allowable for agencies under its purview, unless and until that agency is in compliance with this section.

( * * *67) The State Personnel Board * * * ~~may~~ shall promulgate rules for the administration of this section which shall be binding upon state service agencies within the meaning of Section 25-9-107.

( * * *78) Subsections (2) through (6) of this section shall stand repealed on July 1, 2025.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.