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Part 7. Human Resources
Section E. Human Resource Planning and Employment
Policy Number 7.E.1
Date Issued: June 3, 2002
Approved By: VP for Employee and Campus ServicesTELECOMMUTING
Section I. General Provisions
A. Policy Statement
It is the policy of The University of Texas at Austin to permit telecommuting as provided by this policy when, in the sole discretion of the University, it will enhance the productivity of the employee and the work unit.
B. Scope
This policy applies to all benefits eligible Code 1000 (administrative and professional) and classified employees of the University. It does not apply to faculty employees or those positions that require student status as a condition of employment.
C. Definitions
Telecommuting is routinely working one or more days per week at a location other than an employee's regularly assigned place of employment under an agreement approved pursuant to this policy.
A regularly assigned place of employment is the location on the University campus where an employee usually and customarily reports for work. The regularly assigned place of employment is considered an employee's workstation for all pay, leave and travel purposes.
The campus is all buildings or facilities under the control of the University, regardless of location.
D. Telecommuting and the Employment Relationship
Telecommuting is a management option, not an employee right or benefit. Participation in telecommuting is voluntary in nature and no employee is required to participate as a condition of employment. The existence of a telecommuting agreement in no way alters an individual's employment relationship with the University or the employee's obligation to observe all applicable University rules, policies and procedures. All existing terms and conditions of employment, including but not limited to the position description, salary, benefits, vacation, leave and overtime remain the same as they would be if the employee worked only at his or her regularly assigned place of employment.
E. Agreement Required
All telecommuting must be performed pursuant to a Telecommuting Agreement ("agreement") between the employee and supervisor. The agreement shall comply with the requirements of this policy, be completed and signed by the employee and the employee's supervisor and must have the approval of the employee's unit head, the Dean, Director or Vice President, and Human Resource Services before it can be implemented.
Section II. Specific Issues
A. Feasibility Criteria
1. Telecommuting is appropriate only when both the abilities of the employee and the nature of the work to be done meet the minimum feasibility criteria set out below. Supervisors may apply more rigorous criteria when determining whether an employee and a position are appropriate for telecommuting in their units.
a. Employee Criteria.
Telecommuting is appropriate for employees who:
- have previously demonstrated their abilities to successfully organize, manage time, to work independently and productively with minimal supervision, and have a satisfactory or above work performance history;
- have a thorough knowledge and understanding of their job functions and the equipment required to telecommute;
- have access to a remote work site that is safe and free from interruptions; and
- are able to provide the security necessary to protect any University equipment used at the site.
b. Position Criteria.
Positions that may be considered for telecommuting are those that:
- have job functions that can be performed at a remote site without diminishing the quality of the work or disrupting the productivity of a unit;
- do not require an employee's presence at the regularly assigned place of employment on a daily or routine basis;
- allow for an employee to be as effectively supervised as he or she would be if the job functions were performed at the assigned place of employment;
- have an emphasis on the electronic production and/or exchange of information by means of computers, modems, fax machines or phones;
- involve measurable or quantifiable work product; and
- have minimal or flexible need for specialized materials or equipment available only at the regularly assigned work site.
Positions that are not suited to telecommuting are those that:
- require regular face-to-face contact with a supervisor, other employees, members of the University community or the public, or
- require access to information or materials that are available only at the regularly assigned place of employment.
B. Work Sites
1. Remote Work Site Requirements.
a. Telecommuting employees shall have and maintain a healthy and safe environment at the remote worksite. A floor plan of the worksite area showing the location of the furniture, equipment, and electrical outlets shall be attached to the telecommuting agreement.
b. Non-work related events and activities will not disrupt or interfere with work at the remote work site; scheduled work time will not be used to provide dependent care. Telecommuting is not a substitute for dependant child or eldercare.
c. A supervisor may visit the telecommuter's proposed remote work site to evaluate it prior to approving the telecommuting agreement and may require a photo of the workspace be attached to the agreement.
d. The University retains the right to make prearranged on-site inspections of the remote work site during scheduled work hours.
2. Regularly Assigned Place of Employmenta. Telecommuting employees shall report to the regularly assigned place of employment as agreed upon with the supervisor, which in most cases should be no less than one time per week.
b. The operational needs of the University take precedence over telecommuting agreements. A telecommuting employee, after being provided as much advance notice as possible, must report to work at the regularly assigned place of employment on a scheduled telecommuting day when required by the supervisor.
c. The University will provide an adequate work area for telecommuting employees at their regularly assigned place of employment.C. Equipment and Supplies
1. Any equipment, hardware, software and office supplies needed by an employee to telecommute from a remote work site shall be specifically identified and described; and University supervisors are authorized to approve, using established procedures, expenditures for necessary hardware, office equipment (excluding furniture), software, communications (including charges for connecting telephone lines and long distance charges related to University business) and office supplies. The university will not reimburse the employee for any costs not pre-approved by the supervisor. The cost associated with any Internet connection may be reimbursed by the department with supervisory approval.
2. The University will not reimburse employees for out of pocket expenses for materials and supplies that are normally available at their regularly assigned workplace, including but not limited to computer paper and floppy disks.
3. Only University approved and scanned software shall be used for connecting with the University's network from the remote worksite, and telecommuting employees shall run current anti-virus software at all times, and follow all University information security rules, copyright laws and manufacturers' licensing agreements.4. University equipment located at the remote work site is subject to all policies and restrictions related to use of state owned property. Telecommuting employees are responsible for any equipment and software that is used at the remote worksite and accept financial responsibility for any equipment that is lost, stolen or damaged because of the employee's negligence, misuse or abuse. If the university supplies a phone line, the employee is expected to limit that line to university business.
5. In general it is not expected that the University will provide fully equipped workstations for the employee.
D. Telecommuting Work Assignments
1. Description of Work. The general nature of the work to be performed by the telecommuting employee, as well as a typical work project or assignment, shall be described in the agreement.
2. Reporting of Time. Telecommuters will be required to maintain accurate time accounting documentation to support and substantiate their work hours and work products. They will be required to submit routine time reports detailing hours worked and status reports describing tasks performed and/or completed.
E. Performance Evaluation
Each employee is required to have an annual performance evaluation. Consistent with university practices, each telecommuting employee is required to have a performance evaluation completed each year.
F. Work Schedules/Communications
1. Schedules. Telecommuting does not alter the employees' work schedules. The specific work schedule of a telecommuting employee shall be agreed upon by the supervisor and employee and described in the agreement.
2. Employee Availability
a. Telecommuting employees shall be as available for communication and contact during their scheduled work time as they would be if working at the regularly assigned place of employment.
b. Telecommuting employees and their supervisors shall agree on how their communications shall be handled. During the agreed upon work schedule, it is expected that the telecommuting employee be available for contact by phone.
c. In general, the telecommuter is expected to report to his/her regular place of employment at least once per week.
G. Timekeeping and Leave
1. Timekeeping: Telecommuting employees are required to submit regular weekly time reports as well as any other records related to work hours agreed upon with the supervisor. Departments shall maintain all time records for the employee.
a. Overtime. Under the Federal Fair Labor Standards Act non-exempt employees will be compensated for overtime that has been approved by the supervisor in accordance with the provisions of the Act.
b. State Compensatory Time. The Texas Government Code, Chapter 659, prohibits a state employee from accruing state compensatory time for work performed at any location other than the employee's regular place of employment or assigned duty point. Under that law an employee's residence cannot be deemed to be an employee's regular place of employment or duty point and therefore, telecommuting employees will not receive state (equivalent) compensatory time while working at their residence.
2. Leave. Pursuant to established University policies, employees must obtain supervisory approval before taking leave.
H. Liability
1. Injuries at Remote Work Site. The University assumes no liability for injury at the remote work site to any other person who would not be in the work area if the duties were being performed at the regular place of employment. Injured telecommuting employees must notify their supervisor immediately and complete all requested documents regarding any injury. Workers' compensation benefits will apply to injuries arising out of and in the course of employment.
2. Damages to Personal Property and Operating Costs. The University will not be liable for damages to employee-owned equipment resulting from telecommuting. 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 for telecommuting, unless specifically provided otherwise in advance in writing by the department head and outlined in the agreement.
I. Duration of Telecommuting Agreements
Telecommuting agreements may remain in effect for a maximum of twelve months, unless terminated in accordance with the procedures elsewhere in this policy. A new agreement must be completed at the beginning of each new fiscal year. These agreements do not constitute an employment contract and they do not create a property interest in employment.
J. Termination of Agreement
1. Telecommuting Agreement Termination. Telecommuting arrangements may be terminated by either the telecommuting employee or the University with ten (10) working days' written notice. The University reserves the option to terminate the agreement without notice for any violations of policy.
2. Return of University Property. When the telecommuting agreement is terminated, the employee must promptly return all notes, data, reference materials, sketches, drawings, memoranda, reports, records, equipment, software, supplies, and any other University property in the employee's possession or control.
3. Damaged or Lost Property. The University shall not be held responsible for costs, damages, or losses associated with the termination of the telecommuting agreement.
For Assistance: Questions regarding telecommuting should be directed to Human Resource Services, Compliance and Campus Relations, or to the Web site http://www.utexas.edu/hr/.
Source: Texas Government Code, Chapter; 659; New UT Austin Policy