No. 34997 (Amendment): Rule R477-8. Working Conditions

(Amendment)

DAR File No.: 34997
Filed: 06/30/2011 11:17:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Amendments modify state standard work schedule to Monday through Friday 8 a.m. - 5 p.m., add requirements for telecommuting and exclusions for commute time during telecommuting for greater control and accountability. Lunch periods are more clearly defined. Exercise release time is introduced and given defined parameters. Break periods for nursing mothers are articulated in compliance with federal law.

Summary of the rule or change:

In Subsection R477-8-1(2), the standard work week is amended to Monday through Friday, 8 a.m. - 5 p.m. In Subsection R477-8-2(1)(b), requirements and exclusions governing telecommuting are outlined. Amendments are made to Section R477-8-3 concerning provisions for lunch periods, break periods, exercise release time, and breaks for nursing mothers. Other word choice changes are made.

State statutory or constitutional authorization for this rule:

• Section 67-19-6.7
• Section 67-19-6
• Section 20A-3-103

Anticipated cost or savings to:

the state budget:

These changes may impact state budgets by increasing energy usage rates as well as overtime payroll expenditures.

local governments:

This rule may have direct or indirect impact on local government by increasing accessible days each week and reducing available hours each day during exchange with state government offices.

small businesses:

This rule may have direct or indirect impact on small businesses by increasing accessible days each week and reducing available hours each day during exchange with state government offices.

persons other than small businesses, businesses, or local governmental entities:

Amendments to standard work week may have direct or indirect financial impact on state employees. New rules for exercise release time may provide cost savings to participating employees or may restrict 30 minutes of compensated exercise time each week for employees participating in programs currently offered by some agencies. Changes to lunch and break periods may present incidental costs to state employees relative to schedule adjustments.

Compliance costs for affected persons:

Amendments to standard work week may have direct or indirect compliance cost to state employees. New rules for exercise release time may restrict 30 minutes of compensated exercise time each week for employees participating in programs currently offered by some agencies. Changes to lunch and break periods may present incidental costs to state employees relative to schedule adjustments.

Comments by the department head on the fiscal impact the rule may have on businesses:

Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business.

Jeff Herring, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/15/2011

This rule may become effective on:

08/22/2011

Authorized by:

Jeff Herring, Executive Director

RULE TEXT

R477. Human Resource Management, Administration.

R477-8. Working Conditions.

R477-8-1. Work Period.

(1) The state's standard work week begins Saturday and ends the following Friday. Agencies may implement alternative work schedules from among those approved by the Executive Director, DHRM.

(2) State offices are typically open Monday through [Thursday]Friday from [7]8 a.m. to [6]5 p.m. Agencies may adopt extended business hours to enhance service to the public.

(3) Agency management shall establish work schedules and may approve a flexible starting and ending time for an employee as long as scheduling is consistent with overtime provisions of Section R477-8-4.

(4) An employee is required to be at work on time. An employee who is late, regardless of the reason including inclement weather, shall, with management approval, make up the lost time by using accrued leave, leave without pay or adjusting their work schedule.

(5) An employee's time worked shall be calculated in increments of 15 minutes. This rule incorporates by reference 29 CFR 785.48 for rounding practices when calculating time worked.

 

R477-8-3. Lunch, Break and Exercise Release Periods.

(1) Each full time work day shall include a minimum of 30 minutes noncompensated lunch period, unless otherwise authorized by management.

(a) Lunch periods may not be used to shorten a work day.

(2) An employee may take a 15 minute compensated break period for every four hours worked.

(a) Break periods may not be accumulated to accommodate a shorter work day or longer lunch period.

(3) Compensated exercise release time may be allowed at agency discretion for up to [two]three days per week for 30 minutes.

(a) [Exercise]Participating agencies shall have a written policy regarding exercise release time[ shall be in conjunction with the lunch period].

(b) Work time exercise that is a bona fide job requirement is not subject to this section.

(4) Authorization for exercise time and regular scheduled lunch breaks less than 30 minutes shall be documented in the Utah Performance Management system.

(5) Reasonable daily noncompensated break periods, as requested by the employee, shall be granted for the first year following the birth of a child so that the employee may express breast milk for her child. A private location, other than a restroom, shall be provided.

 

KEY: breaks, telecommuting, overtime, dual employment

Date of Enactment or Last Substantive Amendment: [July 1, 2010]2011

Notice of Continuation: June 9, 2007

Authorizing, and Implemented or Interpreted Law: 67-19-6; 67-19-6.7; 20A-3-103

 

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