EDUCATIONAL SERVICE DISTRICT 113 FORM 5225-F2 PAGE 1 of 5 EMPLOYEE TELECOMMUTING AGREEMENT
Employer:
,WA Employee:
,WA Telecommuting Term: (dd/mm/yyyy) Telecommuting Option: to (not to exceed one year) ___ Regular ___ Episodic ___ Temporary Work From Home
Employee Telecommuting Work Schedule: DAY
SAMPLE
INDICATE DAY
X
WORK HOURS
8:00 - Noon 1:00 – 5:00 pm
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
SUNDAY
EDUCATIONAL SERVICE DISTRICT 113 FORM 5225-F2 PAGE 2 of 5 Work Duties and Confidentiality: The Employee’s telecommuting duties are:
The Employee is required to keep his work materials or work product confidential. Employee understands and agrees to maintain confidentiality requirements consistent with confidentially maintained at the Employer’s work site. The Employee is not required to keep his work materials or work product confidential.
Productivity: 1. The Employee understands and agrees that telecommuting work hours are to be used exclusively to complete the Employee’s assigned work duties. The Employee understands and agrees that dependent child care or other personal objectives shall not be undertaken concurrently with work duties during the telecommuting work hours, excepting the Employee’s lunch and break times. 2. The Employee understands and agrees that he or she shall be required to maintain productivity levels while telecommuting that meet or exceed the Employee’s productivity level at the Employer’s work site. The Employee acknowledges and agrees that productivity performance shall be measured by:
Supervision and Communication: 1. The Employee understands and agrees that he or she shall be required to contact his or her supervisor at the start of each telecommuting shift (voice mail message or electronic mail message is acceptable). The Employee shall also be available to receive communications throughout his or her telecommuting shift through the following means (check all that apply): 2. Telephone Voice Mail Facsimile Electronic Mail Instant Messaging Other (specify)
In the event a situation or issue requiring the attention of a supervisor arises during a telecommuting shift the Employee is responsible for contacting his or her supervisor as necessary and appropriate to timely address such situation or issue.
EDUCATIONAL SERVICE DISTRICT 113 FORM 5225-F2 PAGE 3 of 5 Telecommuting Site: 1. The Employee agrees to provide a work site located at:
[address] that is suitable to meet the employee’s obligations under this Agreement (the “Telecommuting Site”). 2. The Employee is responsible for and agrees to ensure that the Telecommuting Site, including the workstation, bathroom, and all areas utilized by the Employee under the telecommuting arrangement, is a suitable, safe, and ergonomically correct working environment. The Employee agrees to immediately report to the Employer any problems or concerns regarding safety or ergonomic issues. The Employee’s obligations under this Section are absolute, and failure to meet any such obligation shall preclude recovery against the Employer for any damage, loss, or injury arising out of conditions of the Telecommuting Site.
3. The Employee understands and agrees that the Employer may obtain review of the Telecommuting Site at reasonable times and upon reasonable request. 4. The Employee understands and agrees that evidence of dependant and childcare services during telecommuting hours shall be provided to the Employer. 5. The Employee should note that some homeowner policies do not automatically cover injuries arising out of, or relating to, the business use of the home. The telecommuter is highly encouraged to have his or her homeowners/tenants liability policy endorsed to cover bodily injury and property damage to all third parties arising out of or relating to the business use of his or her home. 6. Telecommuters who live in rented property should be aware that using his or her dwelling as a telecommuting site may constitute business use and his or her lease may not permit this.
EDUCATIONAL SERVICE DISTRICT 113 FORM 5225-F2 PAGE 4 of 5 Equipment, Supplies and Services: The Employee understands and agrees to provide the equipment, supplies and services necessary to complete his or her telecommuting duties, to maintain the required confidentiality, and to meet productivity requirements. Due to specialized requirements of the Employee’s duties, the Employer agrees to provide a laptop computer with agency standard software, and the additional equipment, supplies and services specified below. All expenses incurred by the employee related to telecommuting that are not specified in this agreement are the responsibility of the telecommuter. Items Provided by ESD 113 ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ Items Provided by Employee ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________
Change or Termination of Telecommuting Arrangement: 1. The Employee understands and agrees that he or she has no right or entitlement to telecommute, or to any particular telecommuting agreement. Either the Employee or the Employer may terminate the telecommuting arrangement at any time. 2. The Employer may seek to change the telecommuting arrangement set forth under this Agreement at any time. If the Employer and Employee are unable to agree on new telecommuting terms, the telecommuting arrangement shall be terminated and the Employee shall continue his or her assigned duties at the Employer’s work site. Miscellaneous: 1. Survival. The Employer’s right to recover or defend in any action based on a breach by the Employee of any representations, covenants, and other obligations under this Agreement shall survive the termination of the telecommuting arrangement. 2. Attorneys fees. In the event of dispute arising out of either parties’ breach of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees for the cots of mediation, arbitration, or litigation, including the costs of appeal.
EDUCATIONAL SERVICE DISTRICT 113 FORM 5225-F2 PAGE 5 of 5 Acknowledgment: The Employer and the Employee agree to the telecommuting agreement, terms, and conditions as set forth above.
Employee
Date
Supervisor Recommendation
Date
Superintendent Action
( ) Approve ( ) Denied
Superintendent Signature
Date