05.119 Communications Allowance Program

Vice Chancellor, Business Affairs

Updated November 2022 supersedes 07.400 Remote & Mobile Communications Allowance Policy; Updated September 2013; Effective January 2010

Office of State Budget and Management; Internal Revenue Service

• Communications Allowance Authorization Form
• Communications Allowance Termination Form
• Policy 07.100 Responsible Use of Information Technology Resources

Office of the Controller

Policy Details:

1. Purpose

   To provide a policy and procedures for the administration of a Communications Allowance Program (CAP) to reimburse University employees for the utilization of their personal communication services while conducting university business outside the normal work schedule or at times when the employee is away from their duty station.

2. Scope

   This policy applies to all permanent full-time UNCW employees, who meet the eligibility criteria listed below, with duties and responsibilities requiring the use of personally owned communication services outside the normal work schedule or at times when the employees are away from their duty stations.

   UNCW is obligated to compensate non-exempt employees for all hours worked. Supervisors are responsible for communicating to the employee what, if any, extra hours will be required of them and ensuring that all time worked outside of regular business hours is reported on the employees’ timesheet.

3. Definitions

   1. Department Head: The head of the department/unit in which the employee works, or that individual’s designee. When this is ambiguous, the appropriate Vice Chancellor (VC), Associate Vice Chancellor (AVC), Dean, or Equivalent should be consulted for clarification.

   2. Business Officer: The Business Officer of the department/unit in which the employee works. The Business Officer cannot sign in any other signatory capacity on the form.

   3. AVC, Dean, or Equivalent: The Associate Vice Chancellor, Dean, or Equivalent of the department/unit in which the employee works, or that individual’s designee. The AVC, Dean, or Equivalent is responsible for the oversight within their area and for the authorization of the CAP for each employee for whom it has been determined to be appropriate. In some circumstances, the Department Head and AVC, Dean, or Equivalent can be the same.

   4. Communications Allowance Tier One ($35): Option provides an allowance for employees utilizing voice/text communication only (no data usage).

   5. Communications Allowance Tier Two ($55): Option provides an allowance for employees utilizing voice/text and services requiring data usage.

   6. Communications Allowance Tier Three (Other): Option provides an allowance based on business needs for employees, amount is determined by the department head.

4. Policy

   1. The department head is responsible for the initial assessment of the appropriate use of the CAP for their employees and for recommending the allowance to the VC, AVC, Dean, or Equivalent. The department head is also responsible for the annual review of the allowance, as described in Section V.(C), to ensure that each employee continues to have a university business need and that the amount of the allowance is appropriate.

   2. Employees may be considered for the allowance based on, but not limited to, one or more of the following eligibility criteria:

      1. Safety requirements dictate that having communication capabilities are an integral part of performing job duties.

      2. The employees’ job function requires considerable time away from their assigned work area or office and it is important to the department function that they are accessible during those times.

      3. Employee is on-call outside normal work hours.

      4. Employee is a senior officer or other critical decision-maker as determined by the AVC, Dean, or Equivalent.

      5. Employee monitors and administers mission-critical systems during non-business hours.

      6. Other special circumstances approved at the VC, AVC, Dean, or Equivalent level.

   3. Following Internal Revenue Service guidance, the allowance is not intended to pay the full cost of the employee’s monthly statement; rather it is intended to offset the business use of the service plan where such use is part of the duties and responsibilities of the employee’s position.

   4. The employee is responsible for the procurement and payment for all services and equipment associated with the allowance.

   5. Because the employee is using the personal communications services for university business-related purposes, all or a portion of the e-mails, messages, texts, and billing statement records may be subject to the North Carolina public records law and UNCW’s Public Records Policy 02.110. In consideration of receiving the allowance, the employee must produce the e-mails, messages, texts, or billing records immediately upon request by the university. The university may request the records for any reason, including but not limited to a workplace policy review, investigation, public records request, litigation, or audit. In the event the employee receives a litigation hold notice from the General Counsel, the employee further agrees to maintain and preserve the e- mails, messages, texts, or billing records as directed.

   6. Use of the communication services in any manner contrary to local, state, or federal laws or university policy may constitute misuse under this policy and could result in immediate termination of the allowance. In addition, using the communication services in a manner contrary to local, state, or federal laws or university policy may subject the individual to discipline, up to and including dismissal from employment.

   7. Keep your mobile device secure at all times; if it is lost, contact the ITS TAC ((910) 962-HELP). ITS will secure your UNCW accounts to prevent unauthorized access from the lost device to UNCW data.

   8. Encrypt any sensitive data that is taken off the premises on any type of device or media.

   9. Utilize a secure connection when conducting UNCW business.

   10. Ensure all UNCW data is removed from the device when it is no longer used for UNCW business.

5. Procedure

   1. Appropriateness of the Allowance

      The department head will determine those employees in their department for whom the CAP is justified. For each employee for whom it has been determined that there is an appropriate university business need, the department head will determine the communication allowance tier appropriate for that employee.

   2. Allowance payment processing

      1. The Payroll Office will process the allowance payments for all employees for which a valid Communications Allowance Authorization Form has been submitted.

      2. The Communications Allowance is not considered base pay and is not subject to retirement or benefits. UNCW requires documentation and substantiation of business need annually which permits the allowance to be non-taxable per Internal Revenue Service guidance.

   3. Annual Review

      1. Allowances are reviewed monthly and terminate at the end of each calendar year. A new Communications Allowance Authorization Form must be submitted each year following a review by the department head. This review will include:

         1. Assessing the employee’s current duties and responsibilities and the appropriateness of continuing the allowance.

         2. Determining whether the employee’s allowance should be amended or terminated.

      2. The department head will route the form to the employee who will certify and attach a copy of their most recent monthly itemized statement.

      3. The form will then route for Business Officer and AVC, Dean, or Equivalent approvals as appropriate. After approvals are complete, the form must be submitted to the Controller’s Office.

      4. Forms not received by the Controller’s Office by November 30 will result in the termination of the employee’s Communication Allowance effective December 31. The university will not provide retroactive pay for any period during which an allowance is terminated.

   4. Termination or change in service prior to the end of the authorized allowance period

      If a decision is made by the university due to disciplinary action, including suspension, demotion, dismissal, or change in duties resulting in the termination of the allowance agreement, the employee will bear the cost of any fees levied by the service provider that is associated with that change or cancellation.

      The Department Head is responsible for initiating and completing the Communication Allowance Termination Form for any employee receiving a communication allowance that has a change in position, whether that be a promotion, status change, or separation. Any allowances paid in error after an employee has changed departments will be the responsibility of the initiating department, not the new department. The employee will receive a copy of the communication allowance termination form upon completion by the department head.

   5. Other factors related to the use of the Allowance

      1. The employee is to ensure that personal calls on the mobile communications devices are kept to a minimum during the employee’s university working hours.

      2. The employee may use the device for both university business and personal purposes. The employee may, at his or her own expense, add extra services or equipment features, as desired.

      3. The employee shall consider safety when using mobile communications devices while traveling.

      4. Employee must adhere to all university IT policies under section 07.100 Responsible Use of Information Technology Resources.