Telecommuting Policy

Owner: Human Resources

VP/Mission Area/Cabinet Member:Vice President for Finance

Policy Submitter: Terri Van Reese

Effective Date: October 1, 2020, Revised September 28, 2022

Next Review Date: Fall, 2023

Applicable Laws, regulations, compliance: Tax, FLSA, Workers’ Compensation, ADA, FERPA, Sick and Safe Time

Policy Background

Telecommuting allows employees to work at home, on the road, or at different campus locations for all or part of their workweeks. The College of St. Scholastica considers telecommuting to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Telecommuting may be appropriate for some employees and jobs but not for others. The privilege of telecommuting is granted on a needs-basis upon approval of the department supervisor and Vice President with agreement of eligibility from HR. Initiation of a telecommuting arrangement can be made at the request of either the College or the employee. The first step is to complete a Telecommuter Application Form and receive appropriate approvals.

Definitions

For the purpose of this policy, the following definitions apply:

• Flex-time:
  • Time worked each day varies but totals 40 hours each week.
• Sick and Safe Time:
  • Time off that CSS may be required to provide per City, County, or State regulations for work performed in those jurisdictions. This applies to only those employees who are not already receiving sick time accruals.

Criteria for Consideration

• Exempt (salaried) and non-exempt (hourly) employees are eligible to telecommute.
• The decision to approve a telecommuting arrangement is based on a number of factors which may include, but not be limited to, whether or not the nature of the work lends itself to telecommuting, the needs of the department, the employee’s position, job duties, employee’s current and past job performance, related work skills, the interrelationship with duties of students or other employees, the ability to measure work performed, the impact on students, our mission, our values, and the impact on the College. St. Scholastica retains full and complete discretion to permit or to not permit an employee to telecommute.
• Telecommuting may be on a short-term basis such as working from home on a short-term project or for employees on family or medical leave with the consent of the employee’s health care provider, if appropriate. All short-term telecommuting arrangements will be made on a case by case basis, must be practical for the employee, have no or minimal impact to students and the organization, and must focus on the business needs of the College.
• The College adheres to all federal and state anti-discrimination laws in approving requests to telecommute.
• Telecommuting is not an employee entitlement or universal employee benefit. Rather, it is an alternative method of meeting the needs of the College. As such, St. Scholastica has the right to refuse to make telecommuting available to an employee and to terminate a telecommuting arrangement at any time.
• Permission to telecommute is dependent upon the employee having a suitable work location at the off-site premises, and on compliance with the telecommuting requirements. A suitable work environment includes having an adequate/appropriate internet connection and being free of distractions and/or noises.
• Telecommuting employees are responsible for providing their own confidential work space including their office furniture and supplies. An exception to this may be made based on ADA (Americans with Disabilities Act) requirements if it is determined that the College should make reasonable accommodations. Some employees may elect to print documents based on their own personal preference and in this situation, the cost of paper and printer ink will not be reimbursed.
• Telecommuting is not flextime. Work performed under a Telecommuting Agreement must take place according to the schedule outlined in the agreement.
• A telecommuting employee must adhere to all College policies governing employee work.
• Telecommuting arrangements must comply with State and Federal employment laws. This includes the Fair Labor Standards Act (FLSA) which regulates the payment of overtime for non-exempt employees. Non-exempt telecommuters are required to accurately record the hours they work to ensure they are paid for all hours worked and to verify the actual hours worked against their scheduled and approved hours. The College requires pre-approval of overtime before it is worked.

Job Responsibilities and Expectations

• Employee job responsibilities will not change due to telecommuting. Professionalism in terms of job responsibilities, work output, and service delivery will continue to follow the standards set by the department, division and College. The amount of time an employee is expected to work will not change due to telecommuting. Employee work hours will be mutually agreed upon by the supervisor and the employee.
• Telecommuting employees are expected to participate in all required meetings and to have cameras on for active participation. Cameras need to be on when working with others more often than not to promote engagement and team building.
• In the event that work conditions require the telecommuting employee’s presence at a work location function, meeting, or other event, the employee is expected to report to the designated work location, even if such occurs during normally scheduled home-work area hours.
• Any change in the approved job assignment, location or defined work schedule must be reviewed and approved by the supervisor in advance. If such a schedule has not been agreed upon, the employee’s work hours will be assumed to be the same as before the employee began telecommuting. If moving or the job has changed, there is no guarantee that the telecommuting arrangement will be able to continue.
• The supervisor and the telecommuter will communicate at a level consistent with employees working at the office or in a manner and frequency that seems appropriate for the job and the individuals involved.
• Telecommuting cannot be a substitute for child care or elder care. Individual telecommuters must arrange for dependent or elder care during designated work hours.
• A Telecommuting Application that defines how the work is suited for telecommuting and the days and hours to be worked is required. Before submitting a telecommuting application, the employee must have read the telecommuting policy to understand their requirements for a successful remote working arrangement. The application must be signed by the telecommuter, supervisor, and Dean (if Academic Affairs), and approved by the Vice President of the Division or the President and Human Resources before a telecommuting arrangement can begin.
• A telecommuting employee must complete all of the required orientation training in a timely manner as agreed upon with the supervisor and Human Resources.
• Telecommuting employees are subject to all employment laws in the state in which they are working.
• It is the responsibility of the telecommuting employee to obtain the appropriate permit/license for their home office, if required by zoning laws in their area.

Liability

• The College shall provide workers’ compensation and liability protection as obligated by the law for the employee while in the course and scope of employment within the agreed upon location and defined work schedule. The College assumes no responsibility for any activity, damages, or injury which is not directly associated with or directly resulting from the official job duties and for which the College has no ability to exercise control. The College assumes no responsibility for the employee’s personal safety.
• The College is not liable for loss, destruction, or injury that may occur in or to the employee’s home. This includes family members, visitors, or others that may become injured within or around the employee’s home.
• A designated workspace should be maintained by the employee in a clean, professional, and safe condition.
• As liability may extend to accidents which occur in the alternative work location, the College retains the right to make on-site inspections of this work area, at a mutually agreed upon time, to ensure that safe work conditions exist.
• Any injury that occurs within the course and scope of employment must be reported according to state and federal reporting requirements.
• The College will provide sick and safe time to those employees not already receiving sick leave accruals based on the rules and regulations for the State, City, or County where the employee is working.
• Telecommuting employees are required to maintain homeowner’s or renter’s insurance for liability purposes.

Taxes

• Federal and state tax implications of telecommuting and use of a home office are the responsibility of the employee.
• The College of St. Scholastica will withhold taxes for the State in which a telecommuter works.

Technical Considerations

• Computer hardware comparable to what would be provided for the same role on-campus will be provided by the College as deemed necessary by the supervisor.
• Full-time employees will receive one computer. A laptop will be provided for individuals who move between campus and off-campus offices. The cost of peripherals such as headsets, monitors, and speakers will be paid out of departmental budgets. These items should be provided for only one workspace per employee. An inventory of College owned equipment of the telecommuter must be maintained by the supervisor and all items collected back if the telecommuter is no longer employed by the College.
• Required software will be provided by the College for installation on College-owned computers. Note that in some instances the software publisher’s licensing terms may limit the College’s ability to install software on computers used off site, and these issues will be dealt with on a case-by-case basis.
• Employees must provide a reliable broadband internet connection at their own expense. In some situations, a VPN connection will be required and IT will assist with setting this up.
• The College’s Help Desk and IT staff will ensure that College-owned computers and software are working properly.
• In the event that any issues are not able to be resolved remotely or over the phone, it will be the employee’s responsibility to bring the equipment on campus or make shipping arrangements for troubleshooting. The employee may need to work using personal computer equipment while the issue is resolved.

Office Space

• Employees working on the CSS campuses three days or more per week will be provided a designated work space within their department.
• Employees working on campus less than three days per week will not be provided a designated work space. Supervisors for each department will work with those employees to determine an alternative work space for the days when the employee needs to work on campus. This is not a designated space and it may change each time the employee works on campus, depending on availability. This may be a shared space with other departmental employees working on campus less than three days per week.

Termination of Agreement

• Any telecommuting arrangement made will be on a trial basis for the first three (3) months, and may be discontinued, at will at any time at the request of either the telecommuter or the College. The trial basis is waived if it has already been determined telecommuting was successful, such as through the COVID-19 remote working arrangements. Supervisors and Human Resources will track when the three month trial period ends and determine at that time if the arrangement should continue, be discontinued, or modified. Documentation on this decision will be maintained in Human Resources and in the employee’s personnel file.
• Termination of participation in telecommuting after the three (3) month trial period is at the discretion of the supervisor. If a telecommuting employee requests termination of the Telecommuting Agreement, the College will make reasonable efforts to accommodate the request to work on campus (e.g. availability of office space, etc.).
• If an employee’s position changes, the agreement may also be terminated.

Management of Telecommuting Employees

• Performance expectations will be established and agreed upon by the supervisor and employee. Performance reviews will be conducted in accordance with College policies and guidelines.

Travel/Expenses

• Employees may on occasion be reimbursed for travel expenses to the hired location as negotiated between the employee, supervisor and Vice President or President. A Vice President or President approval is required before having any conversations with employees regarding reimbursement and before any travel arrangements are made. The supervisor and the Vice President or President will ensure the reimbursement is consistent and that there is solid rationale for reimbursing. Decisions, rationale, etc. for reimbursements should be documented and maintained by the supervisor.

Weather Emergencies

• A telecommuter who is scheduled to be working at home on a day that is declared to be a weather emergency (such as a snow day) is expected to work at home unless it is unsafe to do so. It may also be impossible to work due to events such as power outages.