I. Purpose

This policy provides structure for instances where employees work on a regular or occasional basis at remote worksites for all or part of the regular scheduled workweek set by VCSU. NOTE: Additional requirements may apply per VCSU policy V611.16 Flexible Scheduling (Flex Time-Staff) if actual work office hours differ from normal VCSU office hours.

This policy is meant to empower employees and supervisors to work together to develop the best working arrangements possible. This policy defines telework terms and conditions, indicates when a formal Remote Work Agreement is required and outlines the responsibilities of both teleworkers and the University.

II. Scope

This policy applies to all full-time and part-time faculty, staff, and student employees of Valley City State University.

III. Definitions

1. Primary Worksite is the physical location within the United States where an employee performs their work for more than 50 percent of their time during any 30 consecutive calendar day time period. Unless otherwise approved according to this policy, an employee's primary worksite is located on VCSU owned or leased property.  The employee’s tax withholding, unemployment, workers compensation, and any other tax requirements will be set up with the state they are living and working in. 
2. Remote Worksite is an approved place of employment not located on VCSU owned or leased property
3. Telework is defined as a work arrangement that allows employees to work at an approved remote worksite. The most common remote worksite location is the home of an employee. There are two distinct categories of  telework: occasional and regular.
   1. Occasional Telework
      A type of telework that is not long-standing and is typically arranged on a case-by-case basis. 
      Must meet all the following conditions: 
      1. Has no regular pattern to the days of the week or month when the telework occurs
      2. The duration of the telework is less than 30 consecutive calendar days 
      3. Occasional telework shall not exceed 20% of the work hours in a calendar year. This equates to an average of 16 hours per pay period for a full-time employee.

2.  Regular Telework

A long-standing, regular pattern, pre-arranged type of telework.

Shall be used if either of the following conditions applies:

1. Occurs for greater than 30 consecutive calendar days.
2. Occurs on a regular basis, e.g., every Monday, weekly for 4 hours on Friday afternoon, the first three workdays of the month, every day of the year, etc.    

D.   Remote Work Agreement is a document approved by an employee, the employee’s supervisor and other appropriate VCSU officials agreeing to regular telework terms. This is a formal agreement with the university in which the employee agrees to perform their usual job duties at a remote worksite on a regular basis for all or part of the regular scheduled workweek. 

IV. Policy

Telework is typically a voluntary work alternative that is appropriate for some employees and some positions but not all employees and all positions. Teleworking is allowed by supervisors at their discretion. No university employee is entitled to or guaranteed the opportunity to telework.

The university may establish telework as a condition of employment, based on the university’s business needs. In such cases, this requirement should be included when the position is advertised and in correspondence offering employment.

Telework may also be considered on a case-by-case basis as a reasonable accommodation for a qualified individual with a disability. Contact the Office for Human Resources for more information.

A. Regular Telework

Regular telework must be documented and approved through a Remote Work Agreement between the employee and the university per the procedures outlined in Section V of this policy. It is the responsibility of the supervisor to ensure there is an agreement in place for an employee before they begin regular telework. The Remote Work Agreement establishes the specific conditions that apply to the employee working at a remote worksite. 

A voluntary Remote Work Agreement may be discontinued, without cause, at any time, at the request of either the teleworker or the university. University and department business needs; employee performance; and other factors are considered by the supervisor to determine whether to maintain the agreement. When practicable, either the university or teleworker should provide a two week notice of termination of the Remote Work Agreement. However, when telework is an expected condition of employment, the Remote Work Agreement may only be discontinued at the option of VCSU. 

Note: An employee engaged in regular telework may also engage in occasional telework, e.g., Regular telework occurs every Tuesday; in addition, the employee engages in an occasional telework day that is not a Tuesday.

B. Occasional Telework

Occasional telework arrangements may be allowed on a case-by-case basis if approved by an employee's supervisor or department head but shall not exceed 20% of the work hours within a pay period. The formal Remote Work Agreement is not required for occasional telework, but the duration of the telework and the supervisor permission should be documented in writing via VCSU email, Microsoft Teams chat or a text message between the employee and supervisor. A Remote Work Agreement is also not required for university sponsored business travel unless it is greater than 30 consecutive calendar days. 

C. General Expectations and Conditions

The university assumes no responsibility for injuries occurring in the employee's remote worksite outside the agreed upon work hours or for injuries that occur during working hours but do not arise out of and in the course of employment. The university also assumes no liability for damages to employee’s real or personal property resulting from participation in the Remote Work Agreement. 

 

Workers' compensation coverage is limited to designated work areas in employees' homes or remote worksite. Employees agree to practice the same safety habits they would use in VCSU owned and leased property and to maintain safe conditions in their remote worksite. Employees must follow normal procedures for reporting illness or injury. 

 

The employee may not allow students, other employees, members of the public, or any other person into their personal residence to conduct university business. The use of technology to conduct meetings remotely is encouraged. 

 

Unless otherwise specified in the Remote Work Agreement, the employee will be responsible for providing furniture at the remote worksite. The university is not responsible for loss, damage, or wear of employee-owned equipment and/or furniture. Repair and/or replacement costs and liability for privately owned equipment and furniture used for teleworking is the responsibility of the employee. If equipment is provided by the university, such equipment shall be used by the employee exclusively for university business. 

 

The employee agrees to take reasonable steps to protect any university property from theft, damage, or misuse. The employee agrees to report to the supervisor any instances of loss or damage to university property or known unauthorized use or access to university systems or data. The employee is responsible for maintenance and repair of personal items. University property shall be repaired by the university and the employee is responsible for getting the property to and from the university. 

 

The employee will return university equipment, records, and materials upon request and/or termination of the Remote Work Agreement. The employee is responsible for any costs necessary to return, repair, or replace University property. If university property is not returned upon request, at the end of a Remote Work Agreement or upon termination, the employee (or former employee) will be responsible for all costs to replace any unreturned equipment. 

 

Reasonable steps must be taken to ensure that University property is used in compliance with V802.06 Use of University Property. 

9.  Office Space at VCSU. The university does not typically provide a private workspace at VCSU when the primary worksite is a remote worksite. The university may provide a “shared workspace” at VCSU in cases where the primary worksite is a remote worksite. 

 

11.  University Information. Teleworking employees must protect the security, confidentiality, and integrity of data, information, paper files, and access to computer systems using the same policies and procedures applicable at a VCSU work site. Both the employee engaged in telework and the supervisor granting permission to do telework shall ensure the telework environment can support the IT security prescribed in NDUS Procedure 1203.7 Data Classification and IT Security Standard. VCSU Technology Services should be consulted if there is uncertainty.

12.  Supervisor Responsibilities. Individuals with employee(s) under their supervision with remote worksite arrangements are responsible to review work and progress with their remote employee(s) regularly and provide effective and supportive feedback. 

 

13.  Emergency Disruptions and Inclement Weather. If the primary worksite is closed due to an emergency or inclement weather, employees with a regular telework agreement indicating they will work at the remote site on the day(s) of the primary worksite closure shall work from their remote worksite. If there is an emergency at the occasional or regular remote worksite, such as a power outage, the teleworker/employee will notify the supervisor as soon as possible. The teleworker/employee may be reassigned to a VCSU worksite or other worksite in such cases or be required to take leave.

D.   Exceptions to the Remote Work Agreement Requirement 

1.    Exception to the policy for faculty. 

a.    It is an accepted practice for faculty to carry out their work with varied schedules on campus and at remote worksites. When faculty engage in occasional telework, they do not need permission from their supervisor. 

b.    Faculty teaching during summer semester do not need to complete a remote work agreement, provided they do not work for greater than 30 consecutive days outside of North Dakota. 

c.    All other provisions of this policy apply to faculty. 

2.    Exception to the Policy for Adverse Working Conditions. The university may implement a temporary allowance for more flexible and widespread telework arrangements during times of adverse working conditions, such as fire, power failure or public state of emergency. If the adverse working condition lasts for more than 30 consecutive calendar days, it may be necessary to temporarily lift certain requirements of this policy, such as a formal Remote Work Agreement, during all or a portion of the condition, as deemed appropriate by the University. 

V.   Remote Work Agreement Approval 

A.   The Remote Work Agreement Approval Process 

1. Supervisor and employee consult to discuss if this is a viable option for the position and department. The VCSU “Remote Work Agreement In-State” form is completed provided the remote worksite is within the State of North Dakota, otherwise the “Remote Work Agreement Out-of-State” form is completed. 
2. The Supervisor completes the PAF (Personnel Action Form) and attaches the appropriate form created in step 1 above. 
3. The Office of Human Resources and Payroll will route the PAF for approvals including the cabinet-level supervisor and the Vice President for Business Affairs for instances involving work outside the state of North Dakota. 
4. If approved, the Office of Human Resources and Payroll will process the request and the Remote Work Agreement form goes into the employee's official personnel file. V.

B.  Remote Work Agreements which may not be approved:

1. Instances where the employee moved out of state and there are qualified employees living in North Dakota who could perform the tasks equally well. Although this arrangement may be easier for the department in the short-term, this arrangement creates additional administrative work for the duration of the employment.

2. Employees proposing to work for more than 30 consecutive days outside of North Dakota. Some states are more complex and VCSU reserves the right to deny a request based on the time, costs and risks involved.

3. Employees requesting to work outside of the United States.

4. Employees requesting to work remotely due to a medical condition, without an approved ADA Accommodation.

VI. Enforcement; Complaints, Grievances, or Appeals

An employee who disagrees with a denial of a request for permission to enter a Remote Work Agreement or any other action relating to this policy is encouraged to discuss the concern with their supervisor. If the discussion with the supervisor does not resolve the issue, an employee may appeal the matter to the supervisor’s supervisor. Employees may formally grieve decisions on Remote Work Agreements under existing grievance/complaint processes.

Exception to Terms and Conditions of the Policy. Upon the recommendation of an employee’s cabinet level supervisor, the VCSU President may grant an exception to this policy by providing written notice to the employee, immediate supervisor, and Cabinet level supervisor.

VII. Related Policies, Documents, and Forms

• VCSU Policy V611.16 Flexible Scheduling Policy (Flex Time-Staff)
• SBHE Policy 605.1 Academic Freedom and Tenure; Academic Appointments
• VCSU Policy V605.01 Faculty Appointments
• VCSU Policy V802.06 Use of University Property
• NDUS Procedure 1203.7 Data Classification and IT Security Standard
• Remote Work Agreement In-State Form
• Remote Work Agreement Out-of-State Form

Sponsored by: Vice President for Business Affairs

Established: May 2022

Review: October 2023