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Revised: August 2024

Policy Statement

This policy applies to all academic and administrative faculty and to classified employees; it does not apply to graduate assistants or student workers. The policy provides parameters for work performed under a temporary or fully remote work agreement.

The Â鶹ӳ»­ is committed to our students, the pursuit of knowledge that addresses the important issues of our time and promotes innovation that drives Â鶹ӳ»­'s economic prosperity. In order to promote and maintain the University as a world-class institution, a principle of the University is to have a majority of its teaching and services provided to students live and in-person. The University prioritizes face-to-face instruction and interactions between faculty and students as well as in-person engagement between academic faculty, administrative faculty, classified staff, administration and all others involved in supporting the University’s mission. At the same time, the University recognizes that online education can meet the needs of some of our students and can be an effective instructional delivery method for certain educational programs.

In accordance with Board of Regents Handbook Title 4, Chapter 3, Section 51, Limitations on Remote Work or Telecommuting Polices, remote work must advance the institution’s mission and shall not reduce or impede the quality of instruction or service provided to students, co-workers, and the community.

Working remotely or telecommuting is not a right. It is a discretionary privilege, and if approved by the University, it is subject to conditions on a case-by-case basis that may be amended or revoked. Not all positions will be eligible for working remotely, as some positions by their nature and responsibilities require daily in-person presence and interaction. Remote work agreements are subject to approval on an individual basis and are not appropriate to be ubiquitous across entire departments, divisions, budget accounts, job titles or other broad categories.

The application of this policy is limited because of our underlying principle of providing majority in-person educational experiences and degree programs for our students. The following jobs are not eligible for remote work, although temporary arrangements may be approved:

Any position in the Executive Salary Schedules, Senior Leadership*, in-person instructional faculty, student support jobs, and most campus infrastructure and facilities jobs.

*For the purpose of this policy, “Senior Leadership is defined as the President, Executive Vice President and Provost, Vice Presidents, Associate/Assistant Vice Presidents, Vice Provosts, Associate Vice Provosts, Deans, Associate/Assistant Deans, and other essential leadership positions with varied titles, as determined by the President, the Executive Vice President and Provost, Vice Presidents or Deans.

Employees approved for secondary employment or outside compensated activity are not eligible for remote work agreements.

The policy does not prohibit the discretionary approval of an occasional remote work request to accommodate a special circumstance and does not apply to remote work that is approved as a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Discretionary approval by a supervisor for occasional remote work is limited to a maximum of ten (10) days per fiscal year.

The policy does not apply to authorized work performed away from an employee’s assigned work location as part of an employee’s job responsibilities, including but not limited to travel, sabbatical, research (including international), community engagement, or conference attendance, nor is it intended to prohibit work performed off-campus by University academic and administrative faculty holding professional positions as defined and authorized by the Board of Regents (NSHE Code, Title 2, Sect 1.1).

Definitions

Fully Remote Work – A “Fully Remote” position is one that is intended for the employee to work remotely without a physical worksite location designated by the University.

Temporary Remote Work (TRW) – A “Temporary Remote Work” position is intended for an employee to work from a location other than their official University designated worksite for no more than two (2) days per week. This is a partial or hybrid arrangement. In Workday the term “Flexible Work” is utilized for TRW.

Leader – A person who is responsible for a project, program or other employees via a supervisory role.

Permanently Stationed – A work location which could be a home if no work location exists in the vicinity. This is the location where the employee performs the work as directed by the employer.

University Principles Related to this Policy

1. To support in-person education, our leaders must be engaged and present for their units.
2. It is critical that faculty and staff who provide and support in-person education be present to deliver and facilitate the educational experience.
3. The University is a public institution and must maintain core business hours of Monday-Friday from 8 a.m. to 5 p.m. to meet the expectations of our University community.
4. Fully Remote Work and Temporary Remote Work must be cost-neutral to the University.
5. Core jobs which support University infrastructure, health, life, and safety must be provided in-person and be available to ensure departments, faculty and staff are able to meet the needs of our campus.
6. Online degree programs augment traditional in-class programs in certain disciplines.
7. Employees working remotely remain subject to all applicable University and NSHE policies and procedures, and federal and state laws.

Fully Remote Work

1. Position Designation. In order for a position to be designated as Fully Remote, a written request must be sent to the University Human Resources Department (“HR”) and must be signed as “recommended by” the appropriate Vice President or their designee. A written request for a position to be Fully Remote shall set forth compelling reasons that articulate why it is in the best interest of the University to recruit for the position as Fully Remote as opposed to a traditional in-person position with physical worksite location designated by the University, and whether a Fully Remote work position would enhance services to meet the specific needs of the unit, and is subject to final approval by the University President, Executive Vice President and Provost, or their designee.
2. Factors to be Considered. In determining whether a position should be designated as Fully Remote without a physical worksite designated by the University, the University shall consider:
   1. A principle of the University is to have a majority of its teaching and services provided to students live and in-person to promote and maintain the University as a world-class institution.
   2. The University prioritizes face-to-face instruction and interactions between faculty and students as well as in-person engagement between academic faculty, administrative faculty, classified staff, administration and all others involved in supporting the University’s mission to ensure the quality of instruction and service provided to students, co-workers and the community.
   3. Our leaders must be engaged and present for their units to support in-person education.
   4. It is critical that faculty and staff who provide and support in-person education be present to deliver and facilitate the educational experience.
   5. Fully Remote Work and Temporary Remote Work must be cost-neutral to the University.
   6. Core jobs which support University infrastructure, health, life, and safety must be provided in-person and be available to ensure departments, faculty and staff are able to meet the needs of our campus.
   7. The types of tasks performed, and supervision required for the position, as well as the supervisory responsibilities of the position.
   8. The job responsibilities and the operational needs of the unit or other factors specific to the position.
   9. The need for and remote access to specialized databases or other work resources that are not adequately supported remotely.
   10. The requirements to attend meetings, fulfill public and in-person customer service responsibilities, and other commitments.
   11. Whether potential costs or savings would result.
   12. The types of electronic or paper records/files which are required to perform a job.
   13. The proposed remote work location.
   14. Whether the nature of the work requires a physical presence in the office or at the University’s designated worksite location.
   15. Whether all work can be performed fully remote.
   16. Other factors specific to the position.
   17. Other factors as identified and deemed necessary or appropriate by the President, Executive Vice President and Provost, or their designee.
3. Specific Measurable Standards of Performance. Every request for a position to be recruited as Fully Remote shall set forth the following specific measurable standards of performance:
   1. Specific performance metrics used to measure performance of an employee working from a remote location;
   2. Specific performance goals used to measure performance of an employee working from a remote location;
   3. Specific mode of acceptable communication and expectations for an employee working from a remote location;
   4. Specific work schedule and specific daily or weekly schedule, as determined by the supervisor, including but not limited to check-in meetings by the supervisor of an employee working from a remote location; and
   5. Other metrics as deemed necessary or appropriate by the supervisor.

Fully remote work, once approved for the position, will require a Fully Remote Work Agreement to be submitted. The employee’s home address will be listed as the Work From Home address in Workday so that the appropriate work state taxes and regulations will be met.

No State Classified staff positions shall work remotely for 100% of their work schedule. The only exception to this rule is for workers who are permanently stationed outside of the State.

Remote employees must obtain prior written approval from the University if they wish to relocate their remote workspace to a different state due to potential tax implications of the new state; such approval is at the University’s sole discretion. Denial of an employee’s request to relocate their remote workspace to a state and/or county is not subject to reconsideration, grievance, or appeal.

Upon approval, remote employees shall update their location with the University within five business days. If the state is not changing, employees must update their location with the University within five business days after changing the address from which they are working.

Temporary Remote Work (TRW)

1. Acceptable Justifications for TRW Eligibility. The following are the only acceptable justifications for TRW eligibility:
   1. Hard-To-Fill Positions: A hard-to-fill position is a vacancy that most recruiters find challenging to fill. Most of the time, this kind of job requires specific expertise or experience or has a set of risks or demands that narrows a talent pool.
   2. Nature of the work. The nature of the work does not require a physical presence in the office or at the University’s designated worksite location.
2. Specific Measurable Standards of Performance. Every request for a position to be designated “TRW Eligible” shall set forth the following specific measurable standards of performance:
   1. Employee performance expectations and goals must be consistent with those of the position and responsibilities stated in the position or job description. Work location does not alter duties and responsibilities of the position. Whenever possible specific performance goals, including measurable metrics, must be established.
   2. Specific mode of acceptable communication and expectations for an employee working from a remote location;
   3. Specific work schedule and specific daily or weekly, including but not limited to, as determined by the supervisor, check-in meeting with the supervisor of an employee working from a remote location; and
   4. Other metrics as deemed necessary or appropriate by the supervisor.
3. Application Process. An employee who has been employed in a “TRW Eligible” position for at least six (6) months may request TRW with their supervisor. If supported using the criteria stated in this procedure, the Supervisor may submit the application for Flexible Work in Workday (“Flexible Work” is the Workday term for “Temporary Remote Work”). Criteria considered in the approval or denial of the Application may include, but shall not be limited to:
   1. 1. Amount of time the Employee has served with the NSHE or the University;
      2. The Employee’s prior performance including any past or pending disciplinary action;
      3. The duties, course and scope of the Employee’s position;
      4. Level of task interdependence and the operational needs of the Employee’s department, unit and University;
      5. Need for, and remote access to, specialized equipment or other work resources, including but not limited to paper records/files required to perform a job;
      6. Need for the Employee to carry out duties and responsibilities in-person, including, but not limited to, attending in-person meetings, fulfilling student and public service responsibilities, and other commitments as determined by the Supervisor;
      7. Physical worksite location/office space limitations; and
      8. Whether potential costs or savings would result.
      9. The need for the employee to be available to other units on campus.

   If the Supervisor recommends approval of the Application for TRW, the Supervisor shall forward the Application and a Temporary Remote Work Agreement (“TRWA”) signed by the Employee, to the appropriate Vice President, or their designee requesting final approval.  Each supervisor who approves must specify the reasons for supporting the request.

   Within fourteen (14) business days of the close of the advertised application window or deadline and upon receiving a TRW Application and TRWA from a supervisor the appropriate Vice President, shall, in consultation with HR and, if necessary, the supervisor, approve or deny the TRW Application and TRWA at their sole discretion.

   An Employee whose TRWA is approved shall not have a right to dedicated institution or unit office space other than the at least three (3) days per week the Employee will not be working remotely.

   The final TRWA approved by the Vice President shall be maintained in Workday.

4. Temporary Remote Work Agreement (TRWA). Approval of a TRWA may authorize an employee to work from a location other than their official University designated worksite for no more than two (2) days per week. At all times, employees performing work under a TRWA shall be expected to check email regularly throughout the workday and perform their work duties in accordance with the terms and conditions of their employment contract, during certain times within a work shift and/or on certain specified workdays, retaining flexibility to meet the needs of the University or unit.

5. Academic faculty must be present for their in-office work schedules to accomplish teaching, research, service and administrative obligations based on departmental policies, job duties, and role statements. A principle of the University is to have a majority of its teaching and services provided to students live and in-person. Active participation and fulfilling service activities often require in-person work. Exceptions to the in-person expectations for teaching and service must be discussed and are subject to approval by the department chair in advance of the occurrence. Regular and repeated occurrences of remote work must follow the process stated herein. Calendars must be kept up-to-date when working but not present on campus. Deans or department chairs may specify additional expectations or requirements within their respective departments and units.

   The Temporary Remote Work Agreement below shall be used for all TRW arrangements. Substantive revisions to the Remote Work Agreement shall require written approval of the University Office of General Counsel. In addition, a TRWA is subject to review every six (6) months and if there is a change in supervisor. Note that an employee’s having successfully engaged in remote work does not require the University to agree to future remote work.

Temporary Remote Work Agreement

The TRWA agreement shall specify the following terms:

a. Duration or Renewal of Agreement

The duration of the agreement may be between eleven (11) working days six (6) months. All remote work agreements are subject to re-evaluation before being renewed.

b. Terms and Conditions

Employees with a TRWA remain subject to all applicable NSHE and University policies and procedures, applicable bylaws and federal and state laws, including, but not limited to, policies related to computing resources, data and privacy information, and confidentiality.

A TRWA does not change the terms and conditions of an individual’s employment with the University. All policies related to conflict of interest, outside compensated activities, secondary employment and approved leave are in effect with a TRWA. Failure to meet job requirements may result in termination of the TRWA, disciplinary action, and/or termination of employment.

Remote employees must obtain prior written approval from the University if they wish to relocate their remote workspace to a different state and or/county; such approval is at the University’s sole discretion. Denial of an employee’s request to relocate their remote workspace to a different address, city, state and/or county is not subject to reconsideration, grievance, or appeal. Remote employees shall update their location with the University in Workday within five (5) business days after changing the address, city and/or state from which they are working.

c. Work Hours and Attendance.

The business operations work hours for offices and positions that support the administration of the University (including but not limited to Enrollment, Student Affairs, Advancement, Administration & Finance, Research & Innovation, and all positions related to these functions) are 8:00 a.m. to 5:00 p.m. Pacific Time (P.T.), Monday through Friday, unless otherwise assigned in writing. An exempt employee may work longer than the business operations work hours specified in order to fulfill duties and responsibilities. An approved TRWA does not change the expected workday schedule. Any request to change the work hours is subject to written approval of the supervisor in advance. The employee’s work attendance shall conform to the work hours specified. The employee must be accessible by email, Teams, and telephone during work hours. Employees will post via Teams, phone or email settings when they are taking time off, on break or at lunch, or as specified by their department. The employee will devote their full time attention and efforts to their assigned work during work hours. The employee shall notify their supervisor of any deviation from their approved work schedule.

The employee shall include telephone and email contact information in their signature blocks of emails.

An employee with a TRWA is responsible for meeting performance standards stated in the job description or role statement. Non-exempt employees who are approved to work remotely are required to strictly adhere to scheduled rest and meal breaks, and to accurately report their work hours. Non-exempt employees must obtain prior written approval before working any overtime.

d. University Equipment and Personal Equipment

The employee shall submit an NSHE Equipment Loan Agreement for all equipment taken offsite. The University is not liable for damages or theft of employee property resulting from participation in working remotely. The employee will purchase and maintain at their own cost adequate and necessary internet connections and workspace furniture in order to work effectively under their TRWA. The University will not be responsible for operating costs, utilities, or other incidentals associated with the use of the employee’s remote worksite. Inadequate internet or telephone service that affects job performance is cause for termination of a TRWA.

TRWA shall be done using either (1) University provided equipment which will have University security and VPN installed or (2) using non-University equipment with Remote Desktop Session Hosts provided by the University. This means a user logs into the VPN on their personal device and navigates to . Another alternative is to request to your on-campus workstation. Guidance on .

The employee shall not store any University documents, records, drafts, downloads, communications or other writings on the employee’s personal electronic device(s). The employee shall not take any hard copy University documents, records, drafts, downloads, communications or other writings to the remote work location. If necessary to temporarily use a document remotely, the materials must be returned from the remote work location once the work concludes.

e. Safety, Worker’s Compensation and Liability

The employee entering into the TRWA is responsible for completing the work location assessment and the required training provided by the University’s Risk Management Department.

The employee may be covered by Workers’ Compensation if injured in the course of performing official duties at the remote work location. Employee is responsible for reporting any job-related injury or illness to the employer in compliance with applicable policies.

The employee is responsible for completing all safety and compliance training as well as adhering to all safety, worker’s compensation and risk management policies. Training and orientation may be held at the University and attendance is required.

Any approved remote work is for the sole use of the employee with the authorized TRWA. An employee with a TRWA shall not host others in person at the remote location, including NSHE employees or non-NSHE employees, for business purposes (e.g., meetings, delivery or pick up of work materials).

The employee agrees to indemnify the University for injury to others at the remote work location. In case of injury, theft, loss or other liability, the employee must allow agents of the University to investigate and/or inspect the work site with reasonable notice.

f. Performance and Accountability

The TRWA shall state the form and frequency with which work products will be regularly shared with the supervisor and the frequency with which the employee will meet with the supervisor or other employees. The form and frequency of completion of work products and communication may be adjusted in writing by the supervisor in response to changing business needs. The employee will return to campus as required by the supervisor/Remote Work Agreement for face-to-face meetings. Travel costs for required meetings are the employee’s responsibility.

The evaluation of the employee’s job performance will be based on established responsibilities stated in the job description or role statement.

Temporary remote work is not intended to and does not offset the use of sick leave, Family Medical Leave, Workers Compensation leave or any other type of leave.

Temporary remote work is not for the purpose of providing child or adult care to family members or others.

g. University Records and Data

Any employee working remotely must adhere to all University policies and shall be particularly cognizant of policies related to computers, data and privacy, including, but not limited to:

• [external PDF]
• UAM – 4,320: Appropriate Use of Computer
• UAM – 4,310: Computer Usage
• UAM - 2,003: Personally Identifiable Information – Acceptable Use Policy

The employee will apply safeguards to protect electronic data and print documents from unauthorized disclosure or damage. All records, papers, and correspondence must be safeguarded for their return to the office. The employee is responsible for confidentiality and protection of sensitive data. A physical audit of the remote work location by the University may be required in certain circumstances.

While working remotely, an employee may receive electronic work-related data, documents, or other materials protected by the Family Educational Rights and Privacy Act (FERPA), the Gramm-Leach-Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), Personally Identifiable Information, or other state or federal privacy laws or regulations and personnel records. Those items will be considered “Confidential Information” for purposes of this policy.

All NSHE and applicable University policies on information technology, internet access, and technology use apply to remote work, as they would to an on-campus work site. A remote work employee accepts responsibility for maintaining the security, condition, and confidentiality of all work-related data, documents, and other materials kept at their off-campus workplace or stored on electronic equipment. Violation of applicable policies or negligence related to protected and confidential information are grounds for disciplinary action up to and including termination. Work-related data, documents, or other materials shall only be stored on University equipment and shall not be stored on personal electronic equipment.

The employee will hold all Confidential Information in strict confidence. The employee will not use or disclose Confidential Information except as required to perform their job duties. The employee will protect all Confidential Information in accordance with the above-referenced policies and commercially reasonable standards and use appropriate administrative, technical, and physical security measures to preserve the confidentiality, integrity and availability of all Confidential Information. In the event of an actual or suspected breach of security, the employee must promptly notify in writing their supervisor and the appropriate Information Technology Services department.

h. Office Coverage and Departmental Needs

A Remote Work Agreement shall not adversely affect Employee productivity, the progress of individual or project assignments, or the University’s access to or communication with the Employee. While working on temporary remote work, the Employee must be available for video/teleconferences scheduled on an as-needed basis and must be available to physically attend scheduled work meetings as requested or required by the needs of the University, Department, unit or the Supervisor.

i. Revocation

At any time, if an employee’s Remote Work Agreement becomes inconsistent with the needs of the University or unit, the Employee’s Remote Work Agreement may, upon twenty-four (24) hours’ written notice to the Employee and at the sole discretion of the Employee’s Supervisor, the appropriate Vice President, the Executive Vice President and Provost or the President, be revoked in writing. Revocation shall not be subject to any reconsideration, grievance, or appeal.

Written notice pursuant to this section shall be hand-delivered to the Employee in person, by email to the Employee’s work email address, or by certified mail with return receipt requested to the Employee’s last known address on file with HR. Because employees working remotely or on a Remote Work Agreement are expected to check their work email regularly during designated work hours, notice delivered by email shall be considered delivered when sent.

The Employee may voluntarily terminate the Remote Work Agreement with twenty-four (24) hours’ written notice to the Supervisor.

Within three (3) days of revocation or termination of the TRWA, the employee shall return any University and/or NSHE equipment used to work remotely.

The decision to modify or terminate an agreement shall not be subject to any reconsideration, grievance or appeal.

The University is not responsible for any costs associated with returning to the official worksite which results from termination of a Remote Work Agreement.

Approval Authority

The President has delegated approval authority for remote work arrangements within Â鶹ӳ»­ as follows:

• The Executive Vice President & Provost and the Vice Provost for Faculty Affairs are authorized to approve remote work agreements for employees in all units reporting to the Office of the Provost.
• Vice Presidents are authorized to approve remote work agreements for employees in all units reporting directly to them.
• Additional considerations and authorization for remote work locations outside of Â鶹ӳ»­ are found under the heading “Out-of-State Work”.

Request for a remote work agreement is subject to approval through the employee’s supervisory structure before approval will be considered by the approval authority listed above.

Out-of-State Work

Before any employee may be approved to work outside the State of Â鶹ӳ»­ Fully Remote or on a Temporary Remote Work Agreement, HR in consultation with the University’s Office of General Counsel, shall ensure that the University or unit is able and willing to comply with any applicable out-of-state laws affecting the University’s employment of out-of-state workers.

Remote Work Arrangements outside of Â鶹ӳ»­ will require additional considerations and approval. Approval authority for remote work outside of Â鶹ӳ»­, but within the United States, is delegated to the Executive Vice President and Provost in consultation with Human Resources and Payroll for all university employees. Remote work outside of the United States is prohibited.

Remote work locations outside of Â鶹ӳ»­ will require additional considerations and approval from Business and Finance, the University’s Office of General Counsel, and possibly the Office of the NSHE General Counsel. Issues raised with remote work locations outside of Â鶹ӳ»­ include, but are not limited to, worker’s compensation, labor laws, tax issues, unemployment insurance, payroll, and state registration, and therefore need to be carefully considered. Additional costs may be incurred by the department for other state’s mandated benefits, time off and other mandatory programs.

The University is not responsible for any costs associated with returning to the official worksite which results from termination of a Temporary Remote Work Agreement.