POLICY: This policy applies to 91×ÔÅÄÂÛ̳ full-time staff positions and is issued in accordance with Texas Government Code, 658.010 and 659.018. It does not apply to faculty positions or positions that require student status as a condition of employment.
PURPOSE AND SCOPE: Generally, 91×ÔÅÄÂÛ̳ requires that work be performed on 91×ÔÅÄÂÛ̳-owned or controlled property. To promote general work efficiencies and for specific University business and operational needs, the University may permit or direct employees by agreement to work at an alternate work location for all or part of the workweek.
1. Definitions
Alternate Work Location (AWL): a location apart from the traditional primary duty station (i.e., office, laboratory, etc.) affiliated with the geographic location/facility associated with any 91×ÔÅÄÂÛ̳ owned or controlled property.
Designated Work Location: the physical location of the employees’ primary position, whether subject to an AWL agreement or otherwise.
Fully Remote Work: A designation in an AWL agreement which allows employees to fulfill their job duties from an AWL. These agreements do not require the employee to regularly report to the primary duty station and allow them to fully function in their role leveraging technology to work and communicate.
Partial Remote or Hybrid Work: A designation of an AWL which allows an employee to fulfill their on-site responsibilities at the assigned primary duty station while also providing flexibility to perform assigned functions from an AWL. In this arrangement, employees may be in an AWL some, most, or all the work week.
Primary Duty Station: The place of employment associated with a traditional 91×ÔÅÄÂÛ̳ campus facility or University owned/leased property or space serving as the worksite or physical location where employees generally perform work.
2. Agreements And Approval Process
The University may allow alternative work location agreements (hereafter referred to as AWL agreements) at the discretion of the University to enable employees to better serve students and other constituents and meet institutional/departmental goals. Specifically, AWL agreements may be implemented as a means of achieving administrative efficiency, improving productivity and job performance, supporting business continuity plans, and supporting the hiring and retention of a highly competent workforce.
All AWL agreements must be approved in advance on a 91×ÔÅÄÂÛ̳ AWL Agreement Request form. There are two types of AWL agreements.
Short-term AWL agreements may not exceed 60 total calendar days in a fiscal year and are designed to address the short-term needs of the department or employee. Requests for short-term AWL agreements exceeding the total calendar day limit require vice president level or above approval.
Long-term AWL work agreements must be submitted on the 91×ÔÅÄÂÛ̳ Alternative Work Location Request form, Alternate Work Location Request Form, approved by the direct supervisor and appropriate divisional vice president for terms no greater than 12 calendar months at which time the agreement is reviewed and either extended, amended, or terminated.
3. Conditions Of AWL Arrangements
91×ÔÅÄÂÛ̳ has the right to refuse to make AWL arrangements available to an employee and to terminate an AWL agreement at any time. Under most circumstances, a reasonable notice period of 30 calendar days should be provided.
AWL agreements do not change the terms and conditions of employment, salary, job responsibilities or benefits including paid holidays. These agreements do not constitute an employment contract and do not create a property interest in employment.
Proposed AWL agreements involving non-exempt, out-of-state, or international employees should be discussed with Human Resources and Payroll Services before approval to identify possible overtime, compensatory time, and tax implications in advance.
AWL agreements may also be considered on a case-by-case basis as a reasonable accommodation for qualified employees with disabilities. Specific conditions and approval processes are outlined in 91×ÔÅÄÂÛ̳ General Policies Section 6.
The approval of an employee’s AWL agreement does not mean that an employee who subsequently fills that same position will be authorized to participate in an AWL agreement. Vacant positions actively being recruited must indicate whether the position is eligible for AWL arrangements.
The work location identified in an AWL agreement must be free of distractions. Employees are responsible for maintaining a designated workspace in a clean, professional, and safe condition at the designated work location specified in the AWL agreement.
AWL agreements are not intended to serve as a routine substitute for child or adult care.
4. Hours Of Work, Timekeeping And Leave
The total number of hours that an employee is expected to work will not change as a result of an AWL arrangement. All AWL arrangements will identify the work schedule hours that an employee will be expected to be available and working. Any non-work time within these hours must be charged to the appropriate leave category (See 91×ÔÅÄÂÛ̳ Attendance Policy Section 6).
Employees are required to submit regular time reports in accordance with the policies in Section 6, 91×ÔÅÄÂÛ̳ Attendance Policy. In accordance with university policy, employees must obtain supervisory approval before taking leave.
All employees must adhere to the provisions of 91×ÔÅÄÂÛ̳ Policy 6.7, Overtime and Compensatory Leave. All non-exempt employees must obtain approval before working overtime.
5. Attendance At Meetings
Supervisors may require employees to report as needed, either electronically or physically, to a designated site for work-related meetings or other events; or may schedule in advance to meet with employees in the AWL as needed to discuss work progress or other work-related issues.
6. Workers' Compensation Liability
The employee should follow basic safety precautions such as: avoiding obstructions in the work area; eliminating trip and fall hazards, ensuring proper lighting, ventilation, furniture, and setting up the work site in an ergonomically correct fashion.
The University may be liable for job-related injuries or illnesses that occur during an employee’s established work hours in their AWL. Worker’s compensation benefits will apply to injuries arising out of and in the course of employment. An employee on a remote work arrangement who sustains a work-related injury must notify their supervisor immediately and complete all requested documents regarding the injury (see 91×ÔÅÄÂÛ̳ Policy 5.8).
The University specifically assumes no liability for injury to any other person who would not be in the work area if the duties were being performed at a 91×ÔÅÄÂÛ̳ owned or controlled property.
The University will not be responsible for operating costs, home maintenance, or any other incidental costs (e.g., utilities, telephone, insurance) associated with the use of the employee's residence as an AWL, unless specifically provided for in advance and in writing by the head of the employee's department.
The University retains the right to pre-arranged, on-site inspections of the work location during work hours.
Employees are responsible for ensuring the confidentiality, safety, and integrity of data, documents, and software used at the remote worksite.
University assets required for AWL agreements must be documented in accordance with guidelines set forth by 91×ÔÅÄÂÛ̳ Property Management.
Employees are required to follow all 91×ÔÅÄÂÛ̳ information security policies, copyright laws, and manufacturer licensing agreements. Software may not be duplicated except as allowed under law and licensing agreements.
If a problem arises in relation to the telephone or Internet service provider (ISP), employees will contact and obtain support from their service provider. Payment for repairs is the responsibility of the subscriber of the service.
8. Employee-Owned Hardware And Software
All employee-owned computers and devices connecting to the university’s network through an ISP are required to use a properly configured virtual private network and be running current virus protection software.
The university will not be liable for damages to employee-owned equipment resulting from participation in an AWL agreement, and will not be responsible for operation costs, home maintenance, or any other incidental costs (e.g., utilities, basic telephone service, insurance) associated with the use of the employees’ residence).
Employees may not permit unauthorized individuals, including but not limited to family members, to access equipment, information or information resources provided by 91×ÔÅÄÂÛ̳.
When utilizing personal equipment for remote work, employees are responsible for running current, updated, manufacturer-supported anti-virus software at all times and following all university information security rules, copyright laws, and manufacturer licensing agreements.Employees may use only university-approved software for connecting with the university’s network from the remote worksite.
Employees may not tamer, disrupt or remove university-installed security and administration software on university-provided equipment.
9. Supplies And Furniture
The provision of supplies and equipment will be at the discretion of the supervisor. The University will not reimburse employees for out-of-pocket expenses for materials and supplies that are reasonably available at the regularly assigned place of employment.
In general, employees who have office furniture at their regularly assigned place of employment will not be reimbursed or authorized to purchase furniture for the AWL.
10. Termination Of Agreement
Upon termination of the arrangement, the employee must return to a designated work location on campus or property controlled by the university and must immediately return all equipment, supplies, and any other university-owned property in the employee’s possession or control from the AWL.
The University is not responsible for costs, damages, or losses associated with the termination of the AWL agreement.
11. Travel Reimbursement
Sec. 660.041. REIMBURSEMENT REQUIREMENT. A state employee is entitled to be reimbursed as provided by this subchapter for the employee’s use of a personally owned or leased motor vehicle.
A state employee may not be reimbursed under this subchapter for an expense other than mileage, tolls, and parking.
A state employee may not be reimbursed for mileage incurred in traveling between the employee’s residence and place of employment in a personally owned or leased motor vehicle unless the travel is (1) necessitated by extraordinary circumstances; and (2) occurs outside the hours the employee is working.