All other agencies, the legislative and judicial branches, higher education institutions, boards, commissions, and offices are encouraged to review this guidance and to use it as a resource where it applies for them. The purpose of this guidance is to provide executive branch agencies with information and increased awareness for how to support out-of-state telework. How to support out-of-state teleworkers and remote workers The guidance above addresses only situations where an employee holds a position designated as telework-eligible and the agency may decide to allow them to work from outside the state of Washington. There are some types of work that must be performed on-site to meet operational needs, and identifying that work is the purview of the agency. ![]() Not all positions that can telework are able to do so full-time. ![]() Nothing in this document is intended to reduce the employer’s authority to determine which positions are eligible for telework generally or for out-of-state telework specifically. Telework designation and agency discretion Agencies may also consider continuing to support previously approved out-of-state telework agreements that may not meet the criteria listed above as legacy agreements, if they are working well and based on continuing business needs. Their assigned work requires them to work beyond the borders of Washington state.ħ. There are some positions that have customarily and historically worked outside the state, such as revenue agents. Positions that must perform work out-of-state. This runs contrary to the spirit of Executive Order 16-07, Building a Modern Work Environment.Ħ. Denying them out-of-state telework would deny them access to mobility that similarly situated employees residing in Washington may enjoy. There is a question of fairness for employees living in Oregon or Idaho and working for a Washington state agency. Supporting these employees as part of a safety-related accommodation is encouraged.ĥ. An employee may need to leave the state as part of a protective or restraining order, or to escape victimization. Supporting victims of violence or stalking. To meet business needs, an agency may seek to keep (or recruit) an out-of-state employee with a rare, hard-to-find skillset or background.Ĥ. The agency can consider this for a spouse, child, sibling, sibling-in-law, parent or grandparent as defined under the Family Medical Leave Act or Paid Family Medical Leave Program.ģ. Agencies may allow a current employee to move if they are providing care to a family member. They can do this by continuing the employment of a military spouse if the active service member transfers to another state.Ģ. Agencies should support military families in alignment with Executive Order 19-01, Veteran and Military Family Transition and Readiness Support. They may do so where it helps them meet a business need or where there is a supporting policy rationale. ![]() State agencies and higher education institutions may, but are not required to, decide to support out-of-state remote work. Reasons to approve out-of-state remote work ![]() The guidance found here 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. No state agency is required to approve a request to work outside the state, or to present reasons why they have denied such a request. A state agency may also decide to recruit both within and outside the state if necessary to hire someone with the right skills for the job. 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. The economic benefit of good state jobs strengthens our communities. The state has a clear interest in investing workforce funding inside the state of Washington. However, now agencies are getting more employee requests for out-of-state remote work for many different reasons. Out-of-state telework and remote work, while previously rare, is not new. During the pandemic, teleworking from outside the state of Washington became a requirement for employees residing in Oregon or Idaho. Now, remote work as a long-term option is more attractive and more viable for employees than ever before. The COVID-19 pandemic drove a shift to full-time remote work for approximately half of the state workforce in 2020.
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