USNH Teleworking Policy DRAFT

USNH is currently working on a system wide Teleworking Policy. Please read through the draft policy below (or click here for the PDF version) and post any feedback using the "Leave a comment" button above.

For questions on the subject, please contact Phil Atkinson (535-2362, phila@plymouth.edu).

- Justin


 

Teleworking Policy – UNH Flex Committee Input Draft Proposed by HRPAC

C. Employment

21. Flexible Work Alternatives.

21.1 Flextime.

21.2 Flex-Year.

21.3 Teleworking. Teleworking is an alternative work arrangement, initiated by a campus administrator, in which staff members use electronic media to interact with others inside and outside the institution and to perform tasks outside their normal work location for some portion of their work schedule. It is not applicable to all jobs. The number of work hours (for non-exempt staff) or days (for exempt staff) assigned to the position does not change due to a teleworking arrangement. Teleworking does not include work that is not intended to be performed at the normal work location, such as admissions recruiting, certain Cooperative Extension jobs, fundraising, athletics, and/or committee work. Teleworking requires continued compliance with USNH policies, including policies governing appropriate use of the information and data.

21.3.1 Institutional Emergency Response /Ad Hoc Teleworking. When an institution is not closed (i.e. curtailed operations are not in place), the CEO may declare teleworking an option for all staff or some staff for a limited time period to accommodate environmental conditions, such as flooding, snow, severe heat, etc.

21.3.1.1 Conditions. The CEO will announce options and restrictions related to staff teleworking during the emergency. Those teleworking are responsible for home computer security and maintaining confidentiality of data. The Supervisor and staff member will agree upon the terms of the teleworking arrangement. Those teleworking are responsible for home computer security and maintaining confidentiality of data. No reimbursement is provided for the staff member’s own computers or internet coverage. Workers’ Compensation and professional liability apply. The CEO, supervisor, or the staff member may terminate the teleworking arrangement at any time.

21.3.1.2 Records and Reporting. The supervisor is responsible for determining a method to measure work accomplished by staff during this time period. Non-exempt staff must maintain records of hours worked and obtain pre-approval for any overtime worked during the emergency or ad hoc conditions. The supervisor is responsible for determining a method to measure work accomplished by staff during this time period.

21.3.2 Personal Emergency/Ad Hoc Teleworking. A staff member may request a temporary, short-term teleworking arrangement due to a personal emergency, medical issues, or environmental conditions. Evening and week-end work done by exempt staff is also considered ad hoc teleworking and is subject to the same conditions as noted above.

21.3.2.1 Conditions. The supervisor and staff member will agree upon the terms of the teleworking arrangement. When teleworking is a result of personal emergencies or medical situations, supervisors may grant or deny teleworking schedules on a case-by-case basis. If granted, the staff member is responsible for home computer security and maintaining confidentiality of data. No reimbursement is provided for the staff member’s own computers or internet coverage. Workers’ Compensation and professional liability apply. The supervisor or the staff member may terminate the teleworking arrangement at any time.

21.3.2.2 Records and Reporting. The supervisor is responsible for determining a method to measure work accomplished by staff during this time period. Non-exempt staff must maintain records of hours worked and obtain pre-approval for overtime. The supervisor is responsible for determining a method to measure work accomplished by staff during this time period.

21.3.3. Scheduled Teleworking. An on-going teleworking schedule, normally no more than two days a week, is considered scheduled teleworking. Each institution will establish and publish approval procedures for scheduled teleworking arrangements. Such teleworking arrangements may be a requirement of a job or may be proposed by either the supervisor or the staff member. Training and reporting requirements apply to all scheduled teleworking. To meet operational needs, teleworkers may, on occasion, be required to work at their regular work location on some scheduled teleworking days.

21.3.3.1 Eligibility. While all staff are potentially eligible to telework, not all jobs are possible to accomplish by teleworking. Following institutional guidelines, supervisors are responsible for determining the suitability of both the job and the staff member for a teleworking schedule, and for determining if the work goals can be achieved by teleworking.

21.3.3.2 Authority. USNH maintains the option to approve teleworking arrangements in its sole discretion through institutional approval procedures. The decision to establish a teleworking schedule for a staff member requires a written mutual agreement between the supervisor and staff member with an approval process as determined by the institution.

21.3.3.3 Training. All teleworking arrangements, including those initiated prior to the effective date of this policy, must comply with individual campus training requirements. Training will include such areas as security, use of electronic equipment, accountability measures, applicable USNH policies and federal regulations. Additional training will be required as needed. Failure to complete training will result in elimination of the teleworking arrangement.

21.3.3.4 Equipment. The staff member must have the electronic equipment necessary for teleworking and must have an intentional plan to ensure confidentiality of all data, so there is no additional institutional risk of data exposure or theft.

21.3.3.4.1 Cost of Equipment. USNH institutions will normally pay for one set of equipment for a designated work location(s). The staff member pays for the internet connection, costs of equipment operation and maintenance, and upkeep of a home work space. Normal reimbursement policies apply and care must be taken to use the most cost effective communication method.

21.3.3.5 Liability. Teleworkers are responsible for adherence to workplace policies, such as those for security of electronic data, harassment, conflict of interest, alcohol and drug use, safety, and confidentiality. They are covered by the institution’s professional liability insurance and Worker’s Compensation when working in their home work space but are responsible for the correct ergonomics of their work space. Any taxes and any legal obligations associated with working at home are the staff member’s responsibility.

21.3.3.6 Records and Reports. The nature of teleworking means that the establishment and measurement of work shifts from an assessment of input (time worked) to output (results accomplished). Supervisors are responsible for defining the work a staff member is to do while teleworking. A signed copy of the written teleworking agreement must be forwarded to Human Resources.

21.3.3.6.1 Non-exempt staff. Due to federal requirements in the Fair Labor Standards Act (FLSA), non-exempt staff must continue to report exact hours worked each day, including those in which they telework. Any overtime requires prior approval (see USY V.F.7.3.1). In addition, it is expected that non-exempt staff will document and certify the work performed during their teleworking work hours as well as documentation of hours worked. Supervisors are responsible for insuring the staff member’s work is being completed as specified in the written teleworking agreement. As with other records, reports of teleworking hours are subject to audits, with or without notice.

21.3.3.6.2 Exempt staff. For the first six months of a teleworking arrangement, exempt staff will provide a report of work done during a teleworking day. These reports may be done weekly or monthly. The record of the reports shall be maintained for a three year period within the home department or at a location determined by the institution. Supervisors are responsible for insuring the exempt staff member’s work is being completed as specified in the written teleworking agreement.

21.3.3.6.3 Periodic review. Each new teleworking arrangement will be assessed for effectiveness after three months and annually thereafter. If supported by the assessment, the teleworking arrangement will be renewed.

21.3.3.7 Authority to Terminate. If the teleworking arrangement is not a job requirement, either the supervisor or the employee can terminate the teleworking schedule immediately or at any time.