Senate Bill No. 418

(By Senator Schoonover)


[Introduced February 17, 1995; referred to the Committee
on Government Organization.]

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:
§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.