21. Flexible Work Alternatives. Within defined limits, the University System supports the application of flexible work arrangements for staff. This flexibility may be in the form of Flextime schedules, Flex-year positions and/or Teleworking. Each campus will establish and publish approval procedures for flexible work arrangements. In some instances, positions are assigned flexible work schedules. Alternative work schedules which are not assigned to a position require supervisory review and approval prior to implementation. The supervisor has the authority to establish conditions at the time the flexible work alternative is implemented. These conditions will be documented in writing for each flexible work arrangement. Due to the nature of faculty appointments, faculty members often work outside the office setting. In such cases, the individual is normally responsible for assuming the cost of their home electronic equipment, for computer security, and for continued compliance with USNH policies, including policies governing appropriate use of the information and data.
21.1 Flextime. Flextime is a change to a regular work schedule without changing the percent-time of the appointment. The supervisor has the authority to grant or deny a staff member's request for a flextime schedule, based on institutional policy. To ensure support for operational needs for the department/office, the supervisor may designate "core times/days" when all staff members are required to be present at work.
21.1.1 Non-Exempt Staff. For non-exempt staff, flextime is a change to the regular hourly work schedule by having an earlier arrival and departure time, or by working more hours per day for fewer work days. A position may be scheduled for flextime hours, or a staff member may discuss the possibility of a flextime schedule with her/his supervisor.
21.1.2 Exempt Staff. For exempt staff, flextime is a compressed work week, such as compressing the work of five days into four. Flextime schedules are typically granted for a limited time period in the summer or another specific period of time. An exempt staff member may discuss the possibility of a flextime schedule with her/his supervisor.
21.2 Flex-Year. Flex-year is the assignment of a non-exempt or exempt position to specific work and non-work periods during the fiscal year. The work periods may be fewer work hours/days for the fiscal year, or specific work and non-work periods during the fiscal year. In both cases, they result in appointments that are less than a full-time appointment, but at least 75%. For example, flex-year positions which provide support for academic or student departments during the academic year are typically 75 to 80% appointments. A staff member may request a change from full-time to a flex-year schedule. The supervisor has the authority to grant or deny the staff member's request, based on institutional policy. To ensure support for operational needs for the department/office, the supervisor may designate "core times/days" when all staff are required to be present at work.
21.3 Teleworking. Teleworking is an alternative work arrangement, in which staff members use electronic media to interact with others inside and outside the institution and to perform tasks outside the 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 requires continued compliance with USNH policies.
21.3.1 Institutional Emergency/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.
220.127.116.11 Conditions. The supervisor and staff member will agree upon the terms of the teleworking arrangement. No reimbursement is provided for the staff members' 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.
18.104.22.168 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.
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.
22.214.171.124 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 computer or internet coverage. Workers' Compensation and professional liability apply. The supervisor or the staff member may terminate the teleworking arrangement at any time.
126.96.36.199 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.
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.
188.8.131.52 Eligibility. 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.
184.108.40.206 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.
220.127.116.11 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.
18.104.22.168 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.
22.214.171.124.1 Cost of Equipment. USNH institutions will not normally buy additional equipment to facilitate teleworking. 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.
126.96.36.199 Liability. Teleworkers are responsible for adherence to workplace policies, such as those for security of campus information and equipment used to access that information, 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.
188.8.131.52 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.
184.108.40.206.1 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). It is expected that non-exempt staff will document and certify the work performed during their teleworking work hours as well as documenting 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.
220.127.116.11.2 Exempt Staff. While teleworking does not change the days of work (see 21.3), it often means a shift in expectation from a fixed schedule to a more flexible one and from a USNH facility to a non-USNH location. With this shift, there is a heightened need to provide transparency and accountability of the work performed for internal and external audiences in addition to the employee and supervisor. Methods to meet this interest are expected to vary over time and use of teleworking arrangements. The institutional Human Resource office is responsible for posting current institutional accountability methods for teleworking arrangements.
18.104.22.168.3 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.
22.214.171.124 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.