Remote Work in South Carolina: Gov. McMaster's New Executive Order

Executive Order Updates Telecommuting Policies for South Carolina State Employees

Governor Henry McMaster recently issued an executive order aimed at updating and clarifying telecommuting work policies for state employees. The new policy, known as Executive Order 2025-31, was announced on September 12 and focuses on ensuring consistency, clarity, and accountability across all state government operations.

The governor emphasized the importance of having clear and consistent policies regarding remote work for state employees. He stated that these policies are designed to achieve cost savings and operational efficiencies, rather than serving as a personal convenience or lifestyle choice. "It’s important that we have clear, consistent, and accountable policies on telecommuting and remote work for state employees across the board," McMaster said.

Understanding the Legal Framework

South Carolina law allows state agencies to use alternative work locations, including telecommuting, provided it results in greater efficiency and cost savings. This is outlined in the South Carolina Code of Laws, Section 8-11-15 (B). The State Division of Human Resources is now tasked with updating policies and procedures for state agencies and employees based on a comprehensive review conducted earlier this year.

The division is statutorily authorized to administer a "comprehensive system of personnel administration" that is essential for the efficient operation of state government. This system must apply to all state agencies, departments, institutions, boards, commissions, and authorities.

Key Components of the New Policy

Several key points are included in the updated telecommuting policy:

• Approved Telecommuting Plans: State agencies must develop and obtain approval from the State Division of Human Resources for their telecommuting policies before allowing any employee to work remotely.

• Decision-Making Authority: Telecommuting is not considered a universal benefit. Once a plan is approved, the decision to allow an employee to telecommute rests solely with the Agency Director.

• Compliance and Revocation: The State HR has the authority to revoke telecommuting privileges for any agency found non-compliant with its approved plan or if telecommuting negatively impacts the quality or quantity of work.

• Revocation Process: An agency may revoke an employee's ability to telecommute at any time. However, this action cannot be addressed under the South Carolina Employee Grievance Procedure Act.

• Restrictions on Leadership: Agency Directors and their Executive Staff, including Deputy Directors, Division Directors, and managers or supervisors who report directly to the Agency Director, are not permitted to telecommute.

• Eligibility Requirements: Employees must complete one year of satisfactory employment with the agency before being eligible for telecommuting. Those with recent unsatisfactory performance reviews or disciplinary actions are not eligible.

• Telecommuting Limits: Telecommuting is limited to a maximum of two days per week. Additionally, telecommuting or remote work on consecutive days such as Monday and Tuesday, Thursday and Friday, or Friday followed by the next Monday is prohibited.

Implications for State Workers

These changes aim to ensure that telecommuting remains a strategic tool for improving efficiency and reducing costs, rather than becoming a standard perk. By setting clear guidelines and limitations, the new policy seeks to maintain productivity and accountability across all state agencies.

The implementation of these policies will require each state agency to review and update their existing telecommuting plans. This process will involve collaboration between the State Division of Human Resources and agency leadership to ensure compliance with the new standards.

Overall, Governor McMaster’s executive order reflects a commitment to modernizing state government operations while maintaining high standards of performance and accountability.