EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0528*
HOUSE BILL 528
P4 3lr1828
CF SB 421
By: Delegate Forbes
Introduced and read first time: February 1, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
State Personnel – Teleworking Programs, Policies, and Guidelines – 2
Requirements 3
FOR the purpose of establishing certain requirements for each teleworking program, policy, 4
and guideline adopted by a certain appropriate official in State government; 5
authorizing certain State employees to initiate a certain grievance; requiring the 6
University System of Maryland to include in a consolidated memorandum of 7
understanding certain terms relating to teleworking; and generally relating to 8
telework programs in State government. 9
BY repealing and reenacting, with amendments, 10
Article – State Personnel and Pensions 11
Section 2–308 and 3–602 12
Annotated Code of Maryland 13
(2015 Replacement Volume and 2022 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – State Personnel and Pensions 17
2–308. 18
(a) (1) In this section the following words have the meanings indicated. 19
(2) “Appropriate official” means: 20
(i) for the Executive Branch, the Secretary; 21
(ii) for the Judicial Branch, the State Court Administrator; 22
2 HOUSE BILL 528
(iii) for the Legislative Branch, the President of the Senate and the 1
Speaker of the House, acting jointly; or 2
(iv) for each public institution of higher education, the President of 3
the institution. 4
(3) “Public institution of higher education” means: 5
(i) a public senior higher education institution, as defined in § 6
10–101 of the Education Article; and 7
(ii) a community college. 8
(4) “Telework” means to work at a location other than a traditional office 9
setting or an employee’s usual and customary worksite, including: 10
(i) the employee’s home; 11
(ii) a satellite office; and 12
(iii) a telework center. 13
(b) This section applies to: 14
(1) all employees in: 15
(i) the Judicial, Legislative, and Executive Branches of State 16
government; and 17
(ii) each public institution of higher education; and 18
(2) (i) all units in the Judicial, Legislative, and Executive Branches of 19
State government, including units with independent personnel systems; and 20
(ii) each public institution of higher education. 21
(c) Each appropriate official shall: 22
(1) establish a telework program applicable to the appropriate official’s 23
branch of government or public institution of higher education; and 24
(2) adopt a telework policy and telework guidelines applicable to the 25
appropriate official’s branch of government or public institution of higher education. 26
(D) (1) EACH TELEWORK PROGRAM , POLICY, AND GUIDELINE ADOPTED 27
UNDER SUBSECTION (C) OF THIS SECTION SHAL L: 28
HOUSE BILL 528 3
(I) PROVIDE THAT AN EMPL OYEE IS ELIGIBLE TO APPLY TO 1
TELEWORK IF: 2
1. THE EMPLOYEE ’S DUTIES CAN BE SUCC ESSFULLY 3
PERFORMED AWAY FROM THE EMPLOYEE ’S WORKPLACE ; 4
2. THE EMPLOYEE HAS A C URRENT OVE RALL 5
PERFORMANCE EVALUATI ON OF SATISFACTORY O R AN EQUIVALENT EVAL UATION 6
OR BETTER; AND 7
3. THE EMPLOYEE HAS COM PLETED AN INITIAL 8
PROBATIONARY PERIOD , IF APPLICABLE; 9
(II) PROVIDE FOR THE FOLL OWING FACTORS TO CON SIDER 10
WHEN EVALUATING A RE QUEST TO TEL EWORK: 11
1. WHETHER THE JOB POSI TION OR CLASSIFICATI ON 12
HAS HISTORICALLY BEE N SUCCESSFULLY PERFO RMED BY TELEWORK ; 13
2. WHETHER AN EMPLOYEE HAS PREVIOUSLY 14
SUCCESSFULLY PERFORM ED THE EMPLOYEE ’S DUTIES BY TELEWORK ING; 15
3. THE OPERATIONAL NEED S OF THE WORK UNIT; 16
4. THE NUMBER OF EMPLOY EES WITHIN THE WORK UNIT 17
WHO ARE TELEWORKING ; 18
5. THE POSSIBILITY OF A HYBRID TELEWORK AND 19
IN–PERSON SCHEDULE ; AND 20
6. THE FLEXIBILITY OF T HE EMPLOYEE ’S WORK 21
SCHEDULE; 22
(III) PROVIDE A PROCEDURE FOR AN EMPLOYEE TO INITIATE A 23
REQUEST TO TELEWORK , INCLUDING REQUIRING THE APPROPRIATE OFFI CIAL TO 24
RESPOND IN WRITING T O THE EMPLOYEE ’S REQUEST WITHIN 7 DAYS; 25
(IV) AUTHORIZE AN APPROPR IATE OFFICIAL TO TER MINATE THE 26
TELEWORK AGREEMENT A FTER PROVIDING WRITT EN NOTICE 14 DAYS BEFORE THE 27
DATE OF TERMINATION OF THE TELEWORK AGRE EMENT, INCLUDING A WRITTEN 28
EXPLANATION FOR TERM INATING THE TELEWORK AGREEMENT ; 29
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(V) PROHIBIT AN APPROPRI ATE OFFICIAL FROM DE NYING AN 1
APPLICATION TO TELEW ORK ON THE BASIS THA T THE EMPLOYEE IS UNABLE TO 2
PERFORM THE EMPLOYEE ’S DUTIES AWAY FROM T HE EMPLOYEE ’S WORKPLACE IF 3
ANOTHER EMPLOYEE IN THE SAME JOB POSITIO N OR CLASSIFICATION IS FOUND TO 4
BE ELIGIBLE TO TELEW ORK; 5
(VI) ESTABLISH REASONABLE GOALS AND EXPECTATIO NS FOR 6
EACH JOB POSITION FO R WORK PERFORMED WHILE TELEWORKING ; 7
(VII) PROHIBIT AN APPROPRI ATE OFFICIAL OR AGEN T OF AN 8
APPROPRIATE OFFICIAL FROM ENTERING ANY EM PLOYEE’S RESIDENCE FOR THE 9
PURPOSE OF APPLYING , ENFORCING, OR IMPLEMENTING ANY PROVISION OF THIS 10
SUBSECTION; AND 11
(VIII) REQUIRE AN APPROPRIA TE OFFICIAL TO MAKE 12
ARRANGEMENTS FOR TEL EWORKING TO BE AVAIL ABLE FOR ALL POSSIBL E 13
EMPLOYEES IN THE EVE NT OF A COMMUNICABLE DISEASE OUTBREAK . 14
(2) (I) AN EMPLOYEE MAY INITI ATE A GRIEVANCE PROC EDURE 15
FOR THE TERMINATION OF A TELEWORKIN G AGREEMENT UNDER PA RAGRAPH 16
(1)(IV) OF THIS SUBSECTION U NDER THE APPROPRIATE STATUTORY GRIEVANCE 17
PROCEDURE . 18
(II) A DECISION MAKER IN AN Y STEP OF THE GRIEVA NCE 19
PROCEDURE MAY REINST ATE THE EMPLOYEE ’S TELEWORKING AGREEM ENT. 20
[(d)] (E) (1) Each appropriate official may: 21
(i) designate the positions for which an employee would be eligible 22
to telework; and 23
(ii) beginning fiscal year 2023, negotiate criteria for designated 24
telework positions if the employees affected by telework policies are represented by an 25
exclusive representative. 26
(2) Each appropriate official shall, to the extent practicable, maximize the 27
number of eligible employees participating in the telework program established under 28
subsection (c) of this section. 29
[(e)] (F) (1) Each appropriate official shall issue guidelines to ensure the 30
adequacy of information and security protection for information and information systems 31
used while teleworking. 32
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(2) The appropriate official for each unit in the Executive Branch shall 1
develop the guidelines under paragraph (1) of this subsection in coordination with the 2
Department of Information Technology. 3
(3) Guidelines issued under this section shall, at a minimum, include 4
requirements necessary to: 5
(i) control access to and protect unit information and information 6
systems; 7
(ii) limit the introduction of vulnerabilities to unit information 8
systems; 9
(iii) protect information systems not under control of the unit that are 10
used for teleworking; 11
(iv) safeguard wireless and other communications capabilities that 12
are used for teleworking; and 13
(v) prevent inappropriate use of official time or resources in violation 14
of a unit’s policies. 15
(4) An employee determined to be eligible to participate in a telework 16
program established under subsection (c) of this section shall receive and acknowledge the 17
guidelines issued under this section before participating in the telework program. 18
[(f)] (G) On or before December 1 each year, each unit of State government, or 19
the principal department in which the unit is located, shall report to the Senate Budget 20
and Taxation Committee and the House Appropriations Committee, in accordance with § 21
2–1257 of the State Government Article, on the number of eligible and participating 22
employees in the applicable telework program established under subsection (c) of this 23
section. 24
3–602. 25
(a) Subject to subsections (b) and (c) of this section, with regard to the University 26
System of Maryland, if an exclusive representative represents more than one bargaining 27
unit of employees and requests to bargain a consolidated memorandum of understanding, 28
the Chancellor and the exclusive representative shall negotiate the terms of one 29
consolidated memorandum of understanding to apply to all bargaining units for employees 30
of all system institutions represented by the exclusive representative. 31
(b) (1) A consolidated memorandum of understanding shall include terms 32
relating to: 33
(i) contracting out or supplementing bargaining unit work; 34
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(ii) duration of the consolidated memorandum of understanding; 1
(iii) employee rights; 2
(iv) grievance and appeals of discipline; 3
(v) health, safety, and welfare, including personal protective 4
equipment; 5
(vi) insurance related to health and other benefits; 6
(vii) union stewards; 7
(viii) labor management committees; 8
(ix) layoffs and recall; 9
(x) leave; 10
(xi) maintenance of membership; 11
(xii) management rights; 12
(xiii) nondiscrimination; 13
(xiv) performance evaluations; 14
(xv) personnel files; 15
(xvi) probationary periods; 16
(xvii) recognition and scope; 17
(xviii) retirement benefits; 18
(XIX) TELEWORKING ; 19
[(xix)] (XX) tuition remission; 20
[(xx)] (XXI) rights and responsibilities of essential workers; 21
[(xxi)] (XXII) union rights; and 22
[(xxii)] (XXIII) wages and salaries. 23
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(2) (i) A president of a system institution, or the president’s designee, 1
and the exclusive representative shall negotiate and enter into a separate agreement 2
regarding the following matters: 3
1. designation of essential employees; 4
2. student breaks and holidays; 5
3. hours of work; 6
4. other compensation that does not directly impact wages or 7
salary; 8
5. shift differentials; AND 9
6. [teleworking; and 10
7.] uniforms and equipment. 11
(ii) A consolidated memorandum of understanding may not include 12
terms relating to the matters listed in subparagraph (i) of this paragraph. 13
(3) For a matter particular to a system institution that is not listed in 14
paragraph (1) or (2) of this subsection, the matter shall be negotiated: 15
(i) on mutual agreement and in writing, by the exclusive 16
representative and the president of the system institution or the president’s designee; or 17
(ii) if the parties in item (i) of this paragraph cannot mutually agree, 18
as part of the consolidated memorandum of understanding. 19
(c) On conclusion of negotiations under this section, all matters of agreement 20
regarding matters listed in subsection (b)(1) and (b)(3) of this section shall be included in 21
the consolidated memorandum of understanding. 22
(d) Subject to § 3–603 of this subtitle, the effective date of a consolidated 23
memorandum of understanding under this section shall be July 1 to align with the fiscal 24
year of the University System of Maryland and shall continue in effect until a subsequent 25
June 30. 26
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
October 1, 2023. 28