Senate Bill No. 418
(By Senator Schoonover)
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[Introduced February 17, 1995; referred to the Committee
on Government Organization.]
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A BILL to amend chapter twenty-nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article six-b, relating to
alternative work patterns for state employees; policy;
definitions; alternative work pattern plans; plan
components; review of plans; monitoring and evaluation; and
request for information.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article six-b, to read
as follows:
ARTICLE 6B. ALTERNATIVE WORK PATTERNS FOR STATE EMPLOYEES.
§29-6B-1. Policy.
Recognizing the need to maximize the employment options
available to existing and potential state employees and to maintain or increase agency efficiency and service to the public,
it is the policy of the state to provide alternative work
patterns in a manner consistent with the needs of state service.
§29-6B-2. Definitions.
In this chapter:
(a) "Alternative work patterns" means work schedules which
differ from the standard work schedule for full-time permanent or
project employment, including, but not limited to: Part-time,
shared time and flexible-time schedules which may result from
position restructuring, the creation of additional part-time
positions, or other work schedule changes.
(b) "Flexible-time schedule" means a work schedule which
includes designated hours during which the employee may, with the
approval of the supervisor and under work unit plans approved by
the appointing authority, elect an alternative time of arrival
for and departure from work. It may also include required days
or hours during which an employee subject to the work schedule
must be present for work.
(c) "Full-time employee" means permanent or project
employment that requires the services of an employee for a
minimum of two thousand eighty-eight hours on an annual basis.
(d) "Part-time employment" means permanent or project
employment that requires the services of an employee for more
than six hundred hours, but less than two thousand eighty-eight
hours on an annual basis.
(e) "Position restructuring" means regrouping the duties and
responsibilities of a position to allow for part-time employment,
shared time or flexible-work schedules.
(f) "Secretary" means the secretary of the department of
administration.
(g) "Shared time" means coordinated permanent or project
part-time employment involving two or more persons sharing the
same duties and responsibilities of a budgeted position.
(h) "Standard work schedule" means the typical designation
and duration of work hours for given position in an employing
unit.
§29-6B-3. Alternative work patterns plan.
In accordance with the time tables established by the
secretary, each appointing authority shall prepare and file with
the secretary a biennial alternative work patterns plan that:
(a) Provides policies and procedures to implement this
state's alternative work patterns policies under section one of
this article; and
(b) Includes the minimum plan components described in
section four of this article.
§29-6B-4. Plan components.
Each agency plan under section three of this article shall
include the following components.
(a) A policy statement which affirms the commitment of the
appointing authority to ensure that written requests of employees for alternative work patterns shall be approved in accordance
with the agency approved plan, state policy under section one of
this article and standards established by the secretary.
(b) An analysis of employee interest in alternative work
patterns, including the extent to which the agency has been able
to accommodate written requests for alternative work patterns.
(c) Identification of state and agency policies and
practices which impede development or implementation of
alternative work patterns, policies or procedures.
(d) An update of the policies initiated or actions taken
which have affected positions identified for alternative work
patterns, including the restructuring of positions and the
rationale for that action.
(e) An evaluation of the agency's performance in
implementing the provisions and achievement of the goals of the
previous plan.
(f) Appointment of an alternative work patterns coordinator
within the agency personnel office.
(g) Description of programs to inform all employees of the
agency's alternative work patterns policy statements and plan.
(h) Identification of a system for regularly monitoring the
effectiveness and progress of the program in meeting the plan
objectives, including identification of mechanisms for updating
and modifying the program.
§29-6B-5. Review of plans.
The secretary shall review all agency alternative work
patterns plans, as follows:
(a) Approval of plans that meet standards established by the
secretary and notification of the appointing authority of such
approval;
(b) Provision of written recommendations and rationale to
the respective agency for any plan which does not meet the
established standards;
(c) Provision of technical assistance to assist the agency
in achieving compliance with the standards;
(d) Opportunity for the respective agency to review the
secretary's findings and respond in writing;
(e) Review and consideration of an agency's response to the
initial findings, resulting in a declaration of findings that the
agency is either in compliance or noncompliance under sections
three and four of this article; and
(f) Recommendation of procedures designed to enable the
agency to achieve compliance with the standards.
§29-6B-6. Monitoring and evaluation.
On an ongoing basis, the secretary shall monitor and
evaluate each agency's progress toward alternative work patterns
goals and objectives in implementing the policy of the state, and
shall make specific recommendations regarding methods through
which the respective agencies may improve their efforts.
§29-6B-7. Request for information.
Upon request of the secretary, the appointing authority
shall provide information concerning employees involved in their
alternative work patterns program. Confidentiality of
information shall be maintained by the secretary under state or
federal law.
NOTE: The purpose of this bill is to require the secretary
of administration to establish alternative work patterns for
state employees, along with monitoring and evaluation procedures.
This article is new; therefore, strike-throughs and
underscoring have been omitted.