300.8.6[R]
Adopted 04/29/21
I. Purpose.
This regulation sets forth guidelines for all UNC Institutions for Flexible
Work Arrangements and Remote Work.
II. Definitions. “Flexible work
arrangements” (FWAs) are work structures that alter the time and/or place of
work to accomplish work duties, either by employee request or at management’s
direction. A flexible work arrangement may include:
A.
Flexible
Work Schedules. Flexibility in the scheduling of hours worked, such as
alternative work schedules (e.g., flex time and compressed workweeks) and
arrangements regarding shift and break schedules;
B.
Flexible
Work Hours. Flexibility in the number of hours worked, such as part-time work
and job shares; and/or
C.
Flexible
Work Locations. Flexibility in the place of work, such as remote work from home
or a designated satellite location.
III. Institution-Level
Policy and Procedures
A.
The
decision to institute flexible work arrangements is within the discretion of
the chancellor or the chancellor’s designee(s). Should a chancellor choose to
institute regular and recurring flexible work arrangements, the constituent
institution must implement a policy governing these arrangements for its
employees within the guidelines and framework provided by this regulation.
B.
Each
institutional policy must facilitate flexible work arrangements where
practicable while ensuring all operational needs of the University are met. Institutions
may provide flexible work arrangements to any type of employee; however, the
establishment of a flexible work arrangement policy does not create a guarantee,
right, or entitlement to such an arrangement by any employee or groups of
employees.
C.
This
regulation 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), are subject to review and
approval as defined by the institution’s flexible work arrangements policy.
IV. Requirements
and Expectations. Institution-level policies and procedures regarding flexible
work arrangements, particularly regarding arrangements for flexible work
locations and remote work, must address the following items and conform to the
following provisions:
A.
Availability
of Flexible Work Arrangements
1.
Institutions
may provide flexible work arrangements based upon the needs of the work unit as
determined by school, college, and/or department leadership. These arrangements
may be subject to the approval of the chancellor or the chancellor’s designee(s),
such as the provost’s office for faculty or the central human resources office
for staff.
2.
The
nature of the employee's work and responsibilities must be conducive to a flexible
work arrangement without causing disruption to performance and/or service
delivery. Management will determine allowable arrangements based on factors
such as the nature of the work performed, employee productivity, employee
conduct, task interdependence, federal and state laws, and operational
constraints. Employees with a flexible work arrangement must be able to perform
their duties free of external obligations and unreasonable interruptions.
3.
Although
an employee may request a flexible work arrangement, all such arrangements are
provided to employees at management’s discretion and direction and may be
revoked at any time. Institutions may approve a flexible work arrangement
concurrently with a new appointment provided that the employee is notified that
there is no guaranteed right to a flexible work arrangement and that any such
allowance is subject to change.
B.
Establishing
and Managing Flexible Work Arrangements
1.
Institutional
policies must include that all regular and recurring flexible work arrangements
must be documented in a manner defined by the institution that outlines all the
relevant terms and conditions of such an arrangement when approved. Chief human
resources officers or their designees will provide standard forms or electronic
equivalent for these purposes.
2.
Institutional
policies must affirm that the availability and terms of flexible work
arrangements must be administered equitably based upon applicable factors and without
regard to an employee’s race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, or
veteran status.
3.
Institutional
policies must include that management must consider employee performance and
conduct when granting or continuing a flexible work arrangement and that any
arrangement may be provided on a conditional or trial basis. For a flexible
work arrangement to be considered and maintained, the employee is expected to meet
all performance expectations and conduct requirements of their current role and
consistently demonstrate the ability to complete tasks and assignments on a
timely basis.
4.
Institutional
policies must assert that, once management establishes a flexible work
arrangement, it may be changed or revoked at any time. Reasons for changing or revoking flexible work
arrangements can include, but are not limited to, changing business or
operational needs or unsatisfactory employee performance or conduct. Institutions
must establish a minimum period of advance notice to an employee of a change to
or revocation of a flexible work arrangement.
5.
If
a flexible work arrangement is regular or recurring, the manager
should review with the employee any continuation of the arrangement at least
annually. Institutions, at their discretion, may require employees to resubmit
flexible work arrangement request forms to extend or modify their existing
arrangements.
C.
Additional
Requirements for Flexible Work Locations. Institutional FWA policies must address
the following issues related to flexible work locations.
1.
Duty
station and reasonable commuting distance.
a.
The
employee’s designated on-site University work site is considered their duty
station. Employees who are working from an alternative location may not charge
mileage for travel between their alternate work location and their assigned
duty station. Employees traveling for business departing from their alternate
work location will be reimbursed for mileage the distance between their on-site
duty station and the work destination, consistent with existing state policies.
b.
Employees
approved for flexible work locations are expected to be able to report to their
on-site duty station within a reasonable period of time when directed due to
operational needs and/or due to changes to or revocation of their flexible work
arrangements. Institutional policies may define a reasonable commuting
distance, and/or factors to consider when determining one, and may provide
limited exceptions to the reasonable commuting distance 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 arrival or departure of employees for a
transitional period of relocation. All such exceptions must have the written
approval of the chief human resources officer or designee for staff, or the
chief academic officer or designee for faculty.
c.
As
the University is intended in part to contribute to the economy of the state,
it is the University’s official position that to the greatest extent practicable,
the University will principally employ individuals who reside within or in
close proximity to the state of North Carolina. While a defined reasonable
commuting distance may cross state lines, particularly for institutions that
are located close to the North Carolina border, institutions should avoid
long-term flexible work arrangements for employees who reside outside a
reasonable commuting distance.
2.
Information
and data security.
a.
The security, confidentiality, and integrity of
University records and information must be protected at all times in flexible
work arrangements and comply with all information security requirements that
would apply at the primary work location. The senior official (chief information
officer), designated by the chancellor or president under Section 1400.2 of the
UNC Policy Manual for each UNC
institution, and their designees, have the authority to clarify and enforce information
security policy requirements and to consider and potentially make exceptions or
changes for their institution.
b.
The institutional policy, and/or the flexible work
arrangement agreement, must include a requirement that sensitive
information/data, as defined by the institution’s information classification
structure, must not be processed nor stored on a personally owned computer
or device, but instead must be processed on institutionally owned systems, stored
in approved, secure remote storage, and accessed only by secure network access
technologies. As described above, authorized designees may clarify, interpret, enforce,
and make exceptions to these requirements.
c.
For employees with flexible work arrangements, an institution
may require additional training on security policies, data handling, and
general information security for remote work.
3.
University property and equipment insurance.
a.
Institutions
must take appropriate steps to ensure that all University property used
off-site as part of a remote work arrangement is used in compliance with all
institutional policies governing personal use, including complying with all
software and technology licensing agreements. Flexible work arrangement
agreements must include an inventory of state property authorized for use from
the employee’s remote work location. In the event of an employee’s separation
from employment or the termination of a flexible work arrangement, appropriate
steps must be taken to secure the return of all University property used
off-site.
b.
Appropriate insurance arrangements should be made
for University equipment and resources located at an
alternate worksite with respect to any required loss or damage. This includes reviewing
information about equipment insurance with employees and ensuring that flexible
work arrangement agreements specify who bears the risk of loss or damage if
incurred.
4.
Workers’
compensation. The institutional policy, and/or the flexible work arrangement
agreement, should indicate that employees working under a flexible work
arrangement are covered by workers’ compensation for job-related injuries that
occur in the course and scope of employment. When the remote worksite is in the
employee’s home, however, workers’ compensation does not cover injuries that
are not job-related.
V. Additional
Considerations. Institutional policies must be informed by relevant law and policies,
related but not limited to:
A.
Overtime-Eligible
Employees. For overtime-eligible employees, certain activities, such as travel
to and from required meetings that occur during scheduled work time, may be included
as hours worked, consistent with existing state policies.
B.
ADA
Accommodations. Institutions will administer and determine flexible work
arrangements separately from the accommodations process mandated by the ADA. Flexible
work arrangements are not intended to substitute for reasonable accommodations resulting
from an interactive process under the Americans with Disabilities Act (ADA) or to
meet the University’s ADA obligations.
C.
Out-of-State
Compliance Issues. Employees with remote work arrangements outside of North
Carolina may be subject to the laws and regulations of other states or
countries with respect to the employee/employer relationship. Institutions are
required to ensure good faith compliance with such laws and regulations if granting
approval for remote work arrangements outside of North Carolina.
D.
Tax
Implications. Employees are expected to cooperate with their institution’s
compliance programs for tax withholding; however, employees remain individually
responsible for the payment of employee income taxes, including ensuring that sufficient
taxes are remitted to taxing authorities through withholding or estimated
payments.
E.
Compliance
with University Policies. Work performed under a flexible work arrangement
remains subject to all applicable laws, policies, and regulations, as if it
were performed on-site. These provisions include, but are not limited to, recordkeeping
for work hours and leave, prohibitions on discrimination and workplace
harassment, records retention obligations, and the North Carolina Public
Records Act.
VI. Other Matters
A.
Effective
Date. The requirements of this regulation will be effective on the date of
adoption of this regulation by the president.
B.
Relation
to State Laws. The foregoing regulation as adopted by the president is meant to
supplement, and does not purport to supplant or modify, those statutory
enactments, regulations, and policies which may govern the activities of public
officials.
C.
Relation
to Other University Regulations and Policies. The foregoing regulation as
adopted by the president is meant to supplement, and does not purport to
supplant or modify, other University policies, regulations, and guidelines
related to equal opportunity, free speech, and free expression.