Ohio Admin. Code 3341-5-42 - Telecommuting
Bowling Green state university wishes to maintain an efficient
and effective work environment that provides flexibility and meets the needs of
attracting and retaining a diverse and talented workforce. When appropriate,
telecommuting can further those goals. The purpose of this policy is to
identify positions that are appropriate for telecommuting and establish
procedures for evaluation of telecommuting requests and proposals.
Employee-requested telecommuting may apply to any university employment position unless the office of human resources, in consultation with the employing department or unit, has identified the position as not eligible for telecommuting.
University-required telecommuting may apply to any university employment position.
"Telecommuting" refers to an arrangement where an employee works from home, or from another location away from campus, as the employee's assigned workplace location. Depending on the details of the arrangement, telecommuting constitutes a temporary or permanent reassignment for either a portion of the employee's work time or all of it. An employee's job classification, compensation, and benefits will not change if the employee is approved for telecommuting. Any associated costs due to telecommuting are the responsibility of the employee unless documented in writing with their department or unit (e.g., reimbursement for printer ink, office supplies, etc.); also see paragraph (F) of this policy.
The job duties and responsibilities of a telecommuting employee remain the same as if the employee were working at a BGSU campus work location. The employee will be required to adhere to the BGSU-specified performance standards for their position and will continue to comply with federal, state, and local laws, regulations, and BGSU policies and procedures while telecommuting.
Work hours and leave benefits do not change as a result of telecommuting. Requests to use leave must be approved by BGSU in the same manner as when working at a BGSU campus work location. Unless otherwise specified in writing by the employee's supervisor, and except as noted in paragraph (G)(1) of this policy, telecommuting work hours are eight a.m. to five p.m. EST Monday through Friday, except for BGSU-observed holidays and hours of approved leave.
A telecommuting employee
to the appropriate BGSU campus as
to give adequate notice
and with reasonable notice.
A telecommuting employee accepts responsibility for maintaining
the security, condition, and confidentiality
are subject to Ohio public records law and to review
and retrieval by BGSU.
At the end of the telecommuting arrangement, or if the employee ceases employment with BGSU, the employee must return all BGSU equipment, supplies, and work-related data, documents, and other materials that are property of BGSU to BGSU within three working days unless otherwise specified in writing by BGSU and excepting those faculty materials that are traditionally retained by the faculty member and/or are not the property of BGSU.
While telecommuting, an employee may receive work-related data, documents, or other materials protected by the Family Educational Rights and Privacy Act (FERPA), the Gramm-Leach-Bliley Act (GLBA), the Health Insurance Portability and Accountability Act (HIPAA), or other state or federal privacy laws or regulations. Those items will be considered "confidential information" for purposes of this policy.
Supervisors, in consultation with the office of human resources, will analyze the nature of a position and how work is performed and determine which positions are appropriate to designate or approve for telecommuting. Many factors should be considered in determining the feasibility of telecommuting, including the congruence of telecommuting with the university's mission and goals, the ability to supervise the employee adequately, and whether any duties require use of certain equipment or tools that cannot be accommodated at a location other than BGSU. Other important considerations include:
In addition to assessing the position's appropriateness for telecommuting, the employee also must be eligible, as determined by their supervisor or division head (or designee) in consultation with the office of human resources. In considering whether to approve an employee for telecommuting, the university will consider:
As outlined in this policy, not all employees and not all jobs are suited for telecommuting. An employee interested in telecommuting may present a written request to their supervisor, identifying the justification for and the duration of telecommuting. Alternatively, the supervisor or another manager may initiate a telecommuting request.
Each telecommuting request will be reviewed by the supervisor or division head with the office of human resources to determine if the telecommuting request (as originally made or as modified during the review process) is consistent with this policy.
The approval or disapproval of a telecommuting request will be documented in writing (email is permissible) by the employee's supervisor or division head and the office of human resources.
A telecommuting arrangement typically will be for one year or less and will expire at the end of that term. Renewal is possible but not guaranteed; employee performance, business operations, rotation of telecommuting opportunities, and other circumstances will be considered in determining whether to renew the agreement. The renewal or non-renewal of a telecommuting arrangement will be documented in writing (email is permissible) by the employee's supervisor or division head and the office of human resources.
Telecommuting arrangements currently
in place prior to March 15, 2020 will expire within twenty-eight days of the
effective date of this policy.
A supervisor or division head, in consultation with the office of human resources, may modify or terminate a telecommuting arrangement for performance concerns, changes in operational needs, or other non-discriminatory reasons. To the extent practicable, notice will be provided two weeks before the modification or termination.
Except when telecommuting is required by the university, an employee may request to terminate the telecommuting arrangement and return to on-campus work at any time.
The university will make sure that each employee who enters into an approved telecommuting arrangement has a university-issued laptop as their primary device. Information technology services (ITS) will provide remote support only. If an issue arises where a technician physically needs to work on the device, the employee is responsible for bringing the device back to their campus for ITS service.
An employee who has requested to telecommute is ultimately responsible for ensuring that they can perform their job responsibilities while working remotely. In order to enter into a telecommuting arrangement, an employee who has requested to telecommute must ensure the off-campus worksite meets the following requirements:
If telecommuting is required by the university, the foregoing requirements and responsibilities may be revisited to ascertain how university can best facilitate remote functionality.
teaching and research faculty, and with the approval
of their dean, library faculty, to carry out their work with varied
schedules on campus and elsewhere. Unless required
by the responsible dean,
A department may determine that employees need to work off campus for a short period of time to accommodate unusual circumstances, such as a brief office closing for renovations or relocation.
In addition, the university may establish telecommuting as a condition of offered employment or mandate telecommuting due to public health emergencies or other circumstances as determined by the president or designee.
In such cases, paragraph (E) of this policy will not apply.
An employee with a documented disability may request telecommuting as a reasonable accommodation to enable an employee to perform their essential job functions. Those requests will be handled by accessibility services in accordance with its usual procedures.
In such cases, paragraph (E) of this policy will not apply.
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345
Prior Effective Dates: 07/29/2020
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