The purpose of this teleworking policy is to establish standards for allowing Covered Employees to work at alternate work locations (other than the central workplace), including the employee’s home, for all or part of the work week schedule, where the mutually agreed upon work week schedule would still meet the same business needs, interests, and/or mission of the university as though the work was being performed in the central workplace. This policy will ensure that employees and work resources are being used efficiently and productively.
Chancellor
Revised May 15, 2023; Revised May 11, 2021; Revised August 24, 2020; Effective date: January 1, 2007
State Human Resources Manual (Teleworking Program)
Human Resources
Purpose
UNCW is dedicated to learning through the integration of teaching and mentoring with research and service and is focused on supporting and enhancing the student-centered learning experience. As a campus-based community, physical presence will always be required for certain roles — and for all roles at certain times. Actively building interpersonal relationships and fostering trust, whether through in-person and on-campus interactions or through creative and intentional remote activities, is important to maintaining a sense of community.
As a public university, UNCW has a special obligation to ensure that its resources are being used in an efficient and effective manner. Accordingly, flexible work arrangements must be designed to meet operational needs, maintain expected levels of in-person service, and must be accompanied by appropriate measures for employee accountability.
The purpose of this teleworking policy is to establish standards for allowing covered employees to work at alternate work locations other than their assigned duty station for all or part of their work week schedule.
Scope
Covered employees include all full-time and part-time faculty, EHRA non-faculty, and SHRA employees in permanent, probationary, temporary, or time-limited status. However, teleworking arrangements are not a guarantee, right, or entitlement of employment – they are subject to business and operational needs and granted at the discretion of the University.
This policy does not intend to limit the ability of faculty to work in-person and/or remotely in the course of their normal duties; however, flexible work arrangements for duties that are generally expected to be conducted on-site (e.g., teaching an in-person class or conducting lab research, artistic instruction or production, faculty advising, etc.), are subject to the same review and approval processes as outlined in the policy in Section V. Procedures. Academic Affairs maintains guidelines regarding the types of work arrangements for faculty that constitute a formal flexible work arrangement.
This policy does not apply to requests for, or management of, workplace disability accommodation(s) under the Americans with Disabilities Act or under any other applicable federal, state, or local laws or regulations. Employees seeking disability accommodations should contact the ADA coordinator in Human Resources.
Telework is not intended to be used in place of sick leave, Family and Medical Leave, Workers’ Compensation leave, Family Illness Leave, Paid Parental Leave, or other types of leave.
The teleworker should avoid non-work-related activities that would conflict with or distract from the performance of their work-related duties and responsibilities during teleworking hours.
Definitions
Alternate Work Location: a worksite other than the duty station where official State business is performed, including employees’ homes and satellite offices.
Duty Station: the employee’s designated on-site University worksite is considered their duty station. For field-based employees, the duty station is their primary worksite.
Designated Division Approver: the division vice chancellor, provost, or chief of staff (or their designee) is responsible for reviewing and approving teleworking agreements within their division. The review and approval process includes ensuring compliance with additional approval requirements in Section V.D. Work Location Outside North Carolina and Section V.E. Reasonable Commuting Distance
Hybrid Telework/Teleworking: a flexible work arrangement requiring a formal telework agreement in which supervisors/management direct or permit employees to perform work away from their duty station in accordance with their same performance expectations and other agreed upon terms.
Occasional Teleworking: a request by an employee to telework during workplace disruptions, including suspended operations, or for uninterrupted time to complete an assigned project or task on an occasional basis. Occasional teleworking is not regular and recurring and requires prior written approval by the supervisor but does not require a formal teleworking agreement.
Telework/Teleworking: a flexible work arrangement requiring a formal telework agreement in which supervisors direct or permit employees to perform all their job duties remotely in accordance with the same expectations as if they were being performed at the duty station.
Teleworker: an employee engaged in teleworking.
Teleworking Agreement: a signed, written agreement that details the terms and conditions by which an employee is allowed to engage in teleworking. The teleworking agreement must be approved in advance by the appropriate authorities in accordance with this policy.
Work Schedule: the employee’s assigned hours of work in the duty station and/or hours of work in an alternate work location as outlined in the teleworking agreement.
Policy
Teleworking assignments are made at the sole discretion of the university. Therefore, the designation of a position or employee for teleworking or the termination of a teleworking agreement is neither grieve-able nor appealable under policy 08.520 SHRA Grievance Policy or Policy 08.521 EHRA Review and Appeal. All other applicable grievance rights apply if they are in accordance with the appropriate grievance procedures for the employee type.
The availability and terms of teleworking and flexible work agreements shall be administered equitably based upon applicable factors and in compliance with UNCW Policy 02.230 Equal Opportunity and Affirmative Action.
When making decisions about the suitability for teleworking, the University may consider factors including but not limited to:
knowledge of job duties and ability to use required technology
suitability of the job tasks
ability to monitor and review work
amount of in-office reference material required
the need for physical security of data
changing business or operational needs
probationary status, or unsatisfactory employee performance or conduct
In general, the acceptance of a teleworking assignment is voluntary on the part of the employee. However, there may be instances when a supervisor may designate a position for all or part of the work schedule as a teleworking position, in accordance with Section V. B.
Employees working remotely may not charge mileage for travel between their off-site alternate work location and their on-site duty stations. For FLSA overtime-eligible employees, certain activities, such as travel to and from required meetings that occur during the workday, are included as hours worked for purposes of overtime calculation.
Teleworking agreements between UNCW and the employee will outline the specifics of a teleworking assignment and work schedule. Teleworking does not reduce the expectations for adhering to work schedules and the productivity and/or performance requirements of the position. The policies and procedures that normally apply to the duty station shall remain the same for teleworking employees including but not limited to conduct and performance management. All salary, benefits, and employer-sponsored insurance coverage remain the same whether the work is performed at the duty station or alternate work location.
Employee performance and conduct shall be considerations for granting and continuing a teleworking arrangement and such arrangement may be provided on a conditional or trial basis. For a teleworking arrangement to be considered and maintained, the employee should have a satisfactory attendance record, meet all performance expectations and conduct requirements, and consistently demonstrate the ability to complete tasks and assignments on a timely basis.
Teleworking agreements are typically set for one year and may be renewed with the approval of the supervisor and designated division approval. Additional approvals may be required in accordance with this policy. A teleworking agreement may be changed and/or revoked at any time for any reason which can include, but is not limited to, changing business or operational needs or unsatisfactory employee performance or conduct. Should a teleworking agreement be terminated, the employee will be provided with at least a ten-business day notification period to prepare for return to the duty station, unless employee conduct or safety issues necessitate otherwise at the discretion of management.
Campus office space shortages may affect the timing of reassignment back to the duty station following the termination of a teleworking agreement. UNCW’s policy is to provide office space for teleworkers who desire to return to their duty station; however, space considerations could result in certain individuals being required to continue teleworking.
Procedures
Employee initiated: A covered employee can request consideration for a teleworking assignment by submitting a completed Employee Suitability Checklist to their supervisor.
Supervisor initiated: A supervisor can designate a position for all or part of the work schedule as a teleworking position in consultation with Human Resources and with approval by the designated division approver following established processes for a job description update to include the telework schedule as a condition of employment.
Supervisor and designated division approver: The supervisor reviews and considers the covered employee’s request, business and operational needs of the unit, the feasibility of whether the job duties of the position can be performed at an alternate work location, and whether the employee can perform the job duties at an alternate work location (including satisfying the criteria in the Teleworking and Flexible Work Schedule Guidelines). The covered employee’s supervisor, together with the designated division approver or designee (and the chief human resources officer if required as described in sections V.D. and V.E.) have the authority to approve the teleworking request and will notify the employee accordingly of the decision. If approved, the employee and supervisor will complete a Teleworking and Flexible Work Schedule Agreement form.
Work location outside of North Carolina: The University’s position, to the greatest extent practicable, is to employ individuals who reside within the State of North Carolina and from a place of residence that is within a reasonable commuting distance of the duty station. Exceptions to this requirement may be made in limited circumstances based on operational needs. Exceptions may include but are not limited to recruitment of those with unique or scarce skills, arrangements for faculty who teach exclusively in distance education programs, or the arrival or departure of employees for a transitional period of relocation. All such exceptions for staff must have the written approval of the designated division approver (or their designee) and the chief human resources officer. Exceptions for faculty must have the written approval of the chief academic officer (or their designee). The designated division approver (or their designee) in consultation with the offices of Tax Compliance and Payroll must ensure compliance with employer tax and other regulations in advance of approving any teleworking agreement where an employee will be based out of state. No teleworking agreements will be approved for locations outside the United States.
Reasonable commuting distance: Employees approved for alternate work locations are expected to reside within a reasonable commuting distance to be able to report to the duty station within a practical period when directed due to operational needs and/or due to changes to or revocation of a telework agreement. A “reasonable commuting distance” generally means within two hours of the duty station. Exceptions to this requirement may be made in limited circumstances based on operational needs. These may include but are not limited to recruitment of those with unique or scarce skills, arrangements for faculty who teach exclusively in distance education programs, or the arrival or departure of employees for a transitional period of relocation. All such exceptions for staff must have the written approval of the designated division approver (or their designee) and the chief human resources officer. Exceptions for faculty must have the written approval of the chief academic officer (or their designee).
Human Resources: Human Resources codes Hybrid Telework/Teleworking and Telework/Teleworking agreements into the University ERP system for tracking purposes. The signed Teleworking and Flexible Work Schedule Agreement form will be maintained electronically in the employee’s personnel file.
Supervisor review: The supervisor will review the teleworking agreement no later than three months after the commencement of the agreement to ensure the arrangements agreed upon continue to meet the business and operational needs of the unit, meet the Teleworking and Flexible Work Schedule Guidelines, and align with the performance expectations and outcomes outlined for assigned duties and responsibilities.
Continuation: If the supervisor continues the telework agreement, it will be evaluated at least annually thereafter (or sooner as deemed necessary and appropriate by the supervisor) and is otherwise subject to the same standards of continued approval set forth herein.
Discontinuation: If the supervisor discontinues the teleworking agreement, the supervisor should provide the teleworker with at least ten business days’ notice, unless employee conduct or safety issues necessitate otherwise at the discretion of management.
Annual audit of divisional teleworking agreements: On an annual basis, the designated division approver (or their designee) will review all Telework and Flexible Work Schedule Agreements within their division to ensure consistency and fairness.
Special Circumstances
In the event of a catastrophic weather event, an outbreak of a communicable disease or pandemic, or other significant emergency, teleworking may be implemented by the chancellor or designee on a widespread basis. In such cases, employees may be required to work from alternate work locations to ensure the continuity of the business and operational needs of the university. [See UNCW policy 08.221 Adverse Weather and Emergency Event Policy, UNCW policy 05.331 Communicable Disease Policy, UNC System Pandemic and Communicable Disease Policy, and Office of State Human Resources Communicable Disease Emergency Policy.]
The duration of a special circumstance may be longer than 30 days and the university will set the requirements for renewal decisions about continuation of required telework on a case-by-case basis given the nature of the special circumstance.
While the implementation of teleworking under special circumstances does not always require teleworking agreements, the university or individual managers/supervisors may require teleworking agreements or other documentation to confirm agreed upon work expectations during a special circumstance. Any procedures established during special circumstances will supersede the procedures in Section V.