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Home ― Telecommuting

Telecommuting

Policy 8.1
Approved by: President
Responsible Officer: Vice President for Human Resources
Responsible Office: Human Resources
Originally Issued: 06/05/2020
Last Revision: New
Category: Administrative
Related Policy
South Dakota Board of Regents Remote Work Policy

I. REASON FOR THIS POLICY

The purpose of this policy is to establish the authority and procedures granted by the President, Provost, and Vice Presidents (or their designees) to allow employees to work at alternate work locations. This policy provides flexibility for employee telecommuting that increases effectiveness/efficiencies, optimizes resources, supports operational plan continuity, and enhances the recruitment and retention of a highly qualified workforce to meet work unit needs and DSU's mission.

II. DEFINITIONS

  1. Adverse Impact. A negative impact to the University due to the employee's physical absence from the official worksite that include, but are not limited to, the following:
    1. Reduction of the work unit's productivity.
    2. Increase in the cost of University operations.
  2. Alternate Worksites. The participating employee's approved telecommuting work location that is not owned or leased by the University and other than a position's official worksite.
  3. Confidential Information. Information that is prohibited from disclosure under provisions of applicable state or federal law, rules, or regulations.
  4. Eligible Employees. Individuals whose position, job duties, work habits, performance record, and alternative work location(s) are suitable for participation in the Telecommuting Policy.
  5. Official Worksite. An employee's University-designated work location.
  6. An employee who conducts all or some of her/his work away from the official worksite. For purposes of this policy, an employee telecommuting is synonymous with an employee working remotely.
  7. Telecommuting Agreement. A work arrangement between an employee approved to work at an alternate worksite on a regular basis during their contracted hours. The agreement provides the terms and conditions of the employee's participation in the Telecommuting Policy.
  8. University-Owned Device. A computing, telecommunications, or storage device (including hardware and software licenses) purchased with University funds and used for official purposes only. The University is responsible for the configuration and maintenance of University-owned devices.

III. STATEMENT OF POLICY

  1. Voluntary. Telecommuting is an optional work alternative. No employee is entitled to or guaranteed the opportunity to telecommute.
  2. Eligibility. Telecommuting is appropriate for some employees and some jobs but not all employees and all positions. The President, Provost, and Vice Presidents (or their designees) make telecommuting decisions on a case-by-case basis. The option to work remotely is not appealable under the Civil Service rules.
  3. Expectations
    1. Compliance. All telecommuting employees shall perform essentially the same work they would do in their official worksite in accordance with the same job performance expectations and agreed-upon terms in the Telecommuting Agreement. The remote employee must comply will all terms of the Telecommuter Agreement, University policies and procedures, and applicable laws and rules.
    2. Dependent Care. Remote work hours are regular work hours and are not a substitute for dependent care.
    3. Work Schedule. Work hours and location must be specified in the Telecommuting Work Agreement as determined by the supervisor.
    4. Confidentiality. The type of sensitive information relevant to a telecommuter's job position must be documented in the Telecommuting Agreement and storage protocols followed.
    5. Remote Office Network Security. The telecommuter is responsible to ensure enhanced network security in the remote location.
    6. Equipment Responsibility. The telecommuter is responsible for insuring and properly maintaining employee-owned equipment.
    7. Return of Equipment. The telecommuter shall return all state-owned hardware, software, equipment, furniture, supplies, documents, and other information or property to a designated location upon University request and/or at the end of the Telecommuting Agreement.
    8. Notice to Supervisor. The telecommuter shall immediately notify his/her supervisor of a malfunction or failure or equipment or facility needed to perform the assigned job functions.
    9. Performance. A decline in job performance may result in termination of the Telecommuting Agreement.
    10. Inclement Weather. A telecommuter who is scheduled to work on a day when state offices in the same county have been closed due to an emergency is expected to work as scheduled unless excused from working by his/her supervisor.
    11. Taxes. Federal tax implications of telecommuting and use of a home office are the responsibility of the telecommuter.
  4. Equipment and Materials
    1. Agency-Provided Equipment. The University may provide, at its discretion, office equipment and supplies deemed necessary to perform work in a remote location. The University will maintain an inventory of provided property and equipment.
    2. Remote Work Office Review. A remote work office is subject to review and approval at the discretion of the University.
    3. Employee-Owned Equipment. The University may allow telecommuters to use employee-owned equipment, hardware, and software that is necessary to perform assigned work in a remote location. The telecommuter is responsible for insuring and properly maintaining employee-owned equipment.
    4. Repair of Employee-Owned Equipment. The University may elect to provide maintenance and repair for employee-owned equipment, hardware, and software. This arrangement shall be included in the Telecommuting agreement.
    5. Remote Office Responsibiltites. The telecommuter is responsible for establishing and maintaining a safe and secure remote office, including ensuring that adequate and reliable utility resources are available.
    6. Remote Office Costs. The telecommuter is solely responsible for all costs to maintain a remote office that is conducive to meeting assigned job functions. These costs include, but are not limited to, utilities, internet services, remodeling, electrical modifications, or furniture.
    7. Remote Office Commuting. Mileage between the telecommuter's remote office and his/her official worksite is considered commuting mileage and not subject to reimbursement. The University shall not financially compensate the telecommuter for time spent commuting between the remote work office and the official worksite during normal working hours.
  5. Data Security.
    1. Security and Transfer. The telecommuter and supervisor shall agree on data security and a transfer process necessary to meet University needs, to protect data security, and to comply with applicable federal and state laws, policies, and procedures.
    2. Data Ownership. Data, in whatever form (paper or electronic) created or maintained during the Telecommuting Agreement is and remains University property and is subject to records retention procedures.
  6. Liability
    1. Extension of University. The remote work office is an extension of the University during the agreed upon work hours. The telecommuter shall protect the workspace from hazards and dangers that could affect the telecommuter or equipment.
    2. Remote Office Safety Checklist. The telecommuter shall submit a completed Remote Office Safety Checklist as part of the Telecommuting Agreement. The telecommuter shall certify that the remote office complies with the listed requirements to ensure safety of the workspace. A supervisor shall approve the submitted safety checklist and place it in the employee's personnel file.
    3. Monitoring of Remote Office Safety. The University, at its discretion, may visit a remote office to ensure that the equipment and work area are free from hazards.
    4. Third-Party Liability. The University shall not assume responsibility for third-party injury or property damage that may occur at the remote office. The University shall not be liable for damages to the telecommuter's property as a result of participating in a Telecommuting Agreement. If the remote office is a telecommuter's home, the telecommuter must have adequate renter's or homeowner's insurance. By signing the Telecommuting Agreement, the telecommuter agrees to hold the University harmless against any and all claims, excluding worker's compensation claims. The telecommuter accepts responsibility for maintaining the security, condition, and confidentiality of University equipment and materials at the remote office. If a University representative is visiting the remote worksite on University business and is injured, the injury may be covered by worker's compensation.
  7. State Workers' Compensation. A telecommuter whose remote office is located within the State of South Dakota is covered by the State's workers' compensation laws while in remote work status (i.e. working).
    1. For purposes of workers' compensation, the remote worker's office is considered an extension of University workspace only during scheduled remote work hours.
    2. Injury that occurs within the course and scope of employment shall be reported to the telecommuter's supervisor within three business days of the injury.
    3. The University assumes no liability for injuries occurring to the telecommuter at the remote office when the injuries are not sustained in conjunction with the employee's regular duties.
    4. The remote worker is liable for any injuries sustained by visitors to the remote office if it is in the telecommuter's home.
    5. When the telecommuter performs any part of his/her job functions in a report work office located outside the boundaries of the State of South Dakota, the employee waives
  8. Telecommuting Agreement.
    1. Agreement Required. The University shall complete a Telecommuting Agreement when authorizing the use of this policy with an employee. Any employees who were in a University-approved telecommuting arrangement prior to the effective date of this policy shall comply with this policy including, but not limited to, entering into a new or amended Telecommuting Agreement.
    2. Agreement Length. An approved Telecommute Agreement is in effect until terminated by the University or the employee.
    3. Agreement Review. At a minimum, the University shall review the Telecommunication Agreement annually. The University shall develop an appropriate situational transition plan leading to the amendment or termination of the Telecommuting Agreement. Telecommuting Agreement reviews may be warranted at any time as a result of, but not limited to, the following:
      1. Performance issues.
      2. Change in job responsibilities.
      3. University's needs not being met.
    4. Agreement Amendment. The University has the authority to amend the Telecommuting Agreement at any time.
    5. Agreement Termination by University. The right to work remotely does not exist. The University has the authority to terminate the Telecommuting Agreement at any time and instruct the employee to return to an official worksite.
    6. Agreement Termination by Employee. The employee may terminate the Telecommuting Agreement at any time. The employee shall give advance notice of Telecommuting Agreement termination to his/her supervisor to ensure that adequate space is available at the University work site, to maintain employee schedules, and to ensure that University needs are met.
    7. Agreement Termination Costs. The University shall not be responsible for costs, damages, or losses resulting from employee cessation in a Telecommuting Agreement.
  9. Responsibilities. The University is responsible for complying with the terms of this policy, managing the implementation of telecommuting, drafting corresponding operational procedures, and monitoring effectiveness.

Exclusions

This policy does not apply to employees in the following circumstances:

  1. Employees who work at home on a short-term basis as a reasonable accommodation.
  2. Employees who may work at home occasionally for various reasons.
  3. Employee who work from home under business continuity or pandemic situations.

Exceptions

None

IV. PROCEDURES (MAJOR)

  1. Telecommuting Request Form. An employee wishing to enter a Telecommuting Agreement with the University shall submit a completed Telecommuting Request Form to his/her supervisor by established University-established deadlines. The request shall include, but not limited to, the following:
    1. Requested work schedule.
    2. Description of advantages of a remote work arrangement for both the employee and the university.
    3. Acknowledgement that denial of request is not an appealable decision.
    4. Completion of remote work office safety checklist.
  2. Telecommuting Request Results Notification. A supervisor will notify an employee regarding the approval or denial of his/her Telecommuting Request Form regarding with four weeks.
  3. Telecommuting Agreement. The University shall complete a Telecommuting Agreement for an employee with an approved Telecommuting Request Form. The request shall include, but not limited to, the following:
    1. Length of agreement
    2. Employment conditions
    3. Remote office requirements
    4. Remote work location(s) and hours
    5. Specific job tasks
    6. Communication/accessibility
    7. Equipment and expenses
    8. Information security
    9. Termination/cancellation/amendment conditions
  4. Telecommuting Agreement Review. A telecommuter's supervisor shall review his/her Telecommuting Agreement at least annually and make determinations about its continuation as is, needed amendments, or termination.

V. RELATED DOCUMENTS, FORMS AND TOOLS

Telecommuting Request Form (Contact HR.)

Telecommuting Agreement Form (Contact HR.)

VI. POLICY HISTORY

New Policy

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