Ohio Admin. Code 3341-5-44 - Flexible work arrangements

(A) Policy statement and purpose

Bowling Green state university supports flexible work arrangements that promote productive work environments and enable staff to balance work and other responsibilities. Flexible work arrangements can result in improved productivity, recruitment and retention of skilled staff, and improved employee satisfaction. These arrangements provide employees with increased flexibility with their work schedule while allowing the university to maintain a progressive and productive work environment.

The university encourages employees and managers to work collaboratively to align expectations for any flexible work arrangements. Flexible work arrangements are a discretionary benefit to eligible employees and should not be viewed as automatic or permanent.

Employees are responsible for all tax consequences that may occur because of off-campus work and are encouraged to consult with a professional tax advisor.

(B) Policy scope

This policy applies to administrative and classified staff employees except those covered by a collective bargaining agreement.

(C) Definitions

The University recognizes that not all positions are conducive to flexible work arrangements and has recognized positions in the following categories:

(1) Hybrid eligible position

Most job duties are required to be performed on campus, but a portion can be performed remotely. At least some work responsibilities can be done offsite without loss of productivity, but some onsite presence is required for in-person collaboration with department and other team members. Some hybrid eligible positions may necessitate flexibility on the part of the employee who, with reasonable notice, may be required to adapt their schedule to meet unit needs.

(2) Onsite position

The job duties cannot physically be performed remotely and are required to be performed on campus. Staff in these positions will not be eligible for remote or hybrid work assignment but may be eligible to request a flexible schedule or compressed work week arrangement if it does not lead to overtime pay.

(3) Remote eligible position

All job duties can be performed remotely without disruption to other staff or productivity levels. It is expected that staff in these positions are available during customary operating hours for the department/unit. Remote eligible positions are covered by the university's telecommuting policy.

(4) Senior supervisor

As used in this policy, the senior supervisor is the dean of the college (for academic areas) and the divisional vice-president for non-academic areas (including the chief diversity officer, chief health officer, director of athletics, and general counsel).

(D) Flexible work options

Flexible work options may include adjustments to both time and location. Flexibility in time includes the ability to adjust one's work hours. Flexibility in location includes the option of altering the location of one's workplace. These flexible work arrangements may be used separately or combined. They are agreed-upon adjustments to time and/or location for a defined period.

Flexible work arrangements differ from temporary adjustments to a work schedule to address occasional needs, which may be made with supervisory permission at management's discretion.

(1) Flexibility in time

Flexibility in time shall not schedule any employee eligible for overtime pay to work more than forty hours in any week. Any overtime must be approved in advance by the employee's supervisor.

(a) Flexible schedule

Work hours that start and end at times that differ from the department's or unit's customary operating schedule. Examples include: working from seven a.m. to four p.m.; working a "split shift" from seven a.m. to eleven a.m. and then from one p.m. to five p.m.; or working from eight a.m. to five p.m. on Tuesday through Saturday.

(b) Compressed workweek

Work hours that result in increased hours per day with fewer days than the typical workweek (e.g., four ten-hour days instead of five eight-hour days).

(2) Flexibility in location

Employees able to perform a percentage of their work offsite, while working onsite for the remainder of the time, may be eligible for flexibility in location. An employee with an approved flexibility in location arrangement will work on campus on designated days and work remotely on other days. For example, an employee may be approved to work from home for two days a week and to work on campus the other three days.

The number of days in each location will be determined by the university based on the employee's proposal and departmental/unit needs. Employees must work on campus at least three days per week unless operational needs of the department/unit require otherwise.

Arrangements in which an employee regularly works off-campus more than two days a week should be addressed through the university's telecommuting policy.

(E) Policy and procedures
(1) Proposal submission

All staff members are eligible to request a flexible work arrangement by submitting a flexible work arrangement proposal to their immediate supervisor.

A request for a flexible work arrangement cannot be used as the basis for an adverse action against an employee.

(2) Proposal evaluation

The request for a flexible work arrangement must meet the needs, requirements and constraints of both the department/unit and the employee.

Flexible work arrangements should be given consideration regardless of the reason for the request, if the request is operationally feasible and if the individual meets the performance criteria.

Supervisors should consult with the office of human resources as necessary when considering a flexible work arrangement proposal.

The immediate supervisor will review the proposal with the employee. The senior supervisor, after consulting with the immediate supervisor, shall make the final determination regarding the request after considering the following factors:

(a) The nature of the employee's primary duties and the employee's overall ability to perform them;
(b) The volume of work, along with the operational and customer needs of the department;
(c) The types of communication (such as meetings, consultations, presentations, and direct interactions with students or others) needed for the employee's successful completion of their duties;
(d) For continuing employees: the employee's demonstrated record of productivity and ability to work with minimal face-to-face daily supervision; and
(e) For continuing employees: the employee's record of performance. Individuals who meet or exceed performance standards are typically good candidates for flexible work arrangements. Individuals in corrective action or on a performance improvement plan may not be eligible for flexible work arrangements.
(3) Decision

The decision on a proposal will be communicated within thirty days of receipt.

If approved, the proposal (as submitted or as modified by agreement) will be signed by the immediate supervisor, the senior supervisor, and the employee.

A senior supervisor's disapproval of a proposal will be provided in writing to the employee and based on the factors listed in paragraph (E)(2) of this rule.

The office of human resources retains the right to deny or discontinue a proposal that does not comply with local, state, or federal laws or regulations or university rules or policies.

(4) Implementation, renewal, and discontinuance

Flexible work arrangements can be approved for up to one year or less and will expire at the end of the approved period.

Requests for renewal are possible but not guaranteed. In addition to the factors listed in paragraph (E)(2) of this rule, business operations, employee performance, rotation of flexible work opportunities, and other circumstances will be considered in determining whether to renew the arrangement. The renewal or non-renewal decision will be communicated to the employee in writing (email is permissible) by the senior supervisor.

Flexible work arrangements are subject to ongoing review. When operational needs of the department or unit require a change or cancellation to the arrangement, a fourteen-calendar-day notice will be provided to the employee if feasible. If at any time the flexible work arrangement is not in the best interests of the university, it can be discontinued at the university's discretion.

(F) Other requirements

Employees traveling on business may or may not be compensated for travel time depending on how the provisions of the Fair Labor Standards Act apply to their flexible work circumstances. An employee working off campus will not be reimbursed for commuting or travel-related costs to or from their designated on-campus location.

The provisions of the university's telecommuting policy that address information security and confidential information and technology and resource requirements apply to employees working off-campus under a flexible work arrangement.

(G) Temporary flexible work arrangements

The university may permit variations of flexible work arrangements that modify the provisions set forth in this policy in response to a university-declared emergency or other operational or educational needs. Any such variations, and the reasons for them, will be communicated to the affected employees.

Equity impact statement: the policy has been assessed for adverse differential impact on members of one or more protected groups.

Notes

Ohio Admin. Code 3341-5-44
Effective: 1/3/2022
Promulgated Under: 111.15
Statutory Authority: 3345
Rule Amplifies: 3345

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