§ 2-308

(a) (1) In this section the following words have the meanings indicated.

(2) “Appropriate official” means:

(i) for the Executive Branch, the Secretary;

(ii) for the Judicial Branch, the State Court Administrator;

(iii) for the Legislative Branch, the President of the Senate and the Speaker of the House, acting jointly; or

(iv) for each public institution of higher education, the President of the institution.

(3) “Public institution of higher education” means:

(i) a public senior higher education institution, as defined in § 10–101 of the Education Article; and

(ii) a community college.

(4) “Telework” means to work at a location other than a traditional office setting or an employee’s usual and customary worksite, including:

(i) the employee’s home;

(ii) a satellite office; and

(iii) a telework center.

(b) This section applies to:

(1) all employees in:

(i) the Judicial, Legislative, and Executive branches of State government; and

(ii) each public institution of higher education; and

(2) (i) all units in the Judicial, Legislative, and Executive branches of State government, including units with independent personnel systems; and

(ii) each public institution of higher education.

(c) Each appropriate official shall:

(1) establish a telework program applicable to the appropriate official’s branch of government or public institution of higher education; and

(2) adopt a telework policy and telework guidelines applicable to the appropriate official’s branch of government or public institution of higher education.

(d) (1) Each appropriate official may:

(i) designate the positions for which an employee would be eligible to telework; and

(ii) beginning fiscal year 2023, negotiate criteria for designated telework positions if the employees affected by telework policies are represented by an exclusive representative.

(2) Each appropriate official shall, to the extent practicable, maximize the number of eligible employees participating in the telework program established under subsection (c) of this section.

(e) (1) Each appropriate official shall issue guidelines to ensure the adequacy of information and security protection for information and information systems used while teleworking.

(2) The appropriate official for each unit in the Executive Branch shall develop the guidelines under paragraph (1) of this subsection in coordination with the Department of Information Technology.

(3) Guidelines issued under this section shall, at a minimum, include requirements necessary to:

(i) control access to and protect unit information and information systems;

(ii) limit the introduction of vulnerabilities to unit information systems;

(iii) protect information systems not under control of the unit that are used for teleworking;

(iv) safeguard wireless and other communications capabilities that are used for teleworking; and

(v) prevent inappropriate use of official time or resources in violation of a unit’s policies.

(4) An employee determined to be eligible to participate in a telework program established under subsection (c) of this section shall receive and acknowledge the guidelines issued under this section before participating in the telework program.

(f) (1) On or before December 1 each year, the Department shall report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the number of eligible and participating employees in the applicable telework program established under subsection (c) of this section.

(2) Each appropriate official shall submit to the Department any information the Department determines is necessary to complete the report required under paragraph (1) of this subsection.