(A)
Purpose
To establish a rule to permit employees
to request flexible work arrangements, which may vary their daily work schedule
or location in a way that balances the operational and educational demands of
the university with the preferred work arrangement of its employees. The goal
of flexible work arrangements is to improve employee wellness by creating
better work-life balance and increasing employee recruitment and retention
while maintaining a productive, efficient work environment.
Flexible work arrangements should be
implemented in a fair and equitable manner throughout the university, which may
result in differing arrangements depending on job responsibilities, service
obligations and departmental needs. Flexible work arrangements are a
discretionary benefit to eligible employees based on the needs of the
university; such arrangements should not be viewed automatic or permanent in
light of the varying roles and responsibilities of employees and changing needs
of the university over time.
(B)
Scope
This rule applies to all full-time
employees of the university, unless specifically excluded based on job duties
or scheduling demands of the university. This rule does not apply to student
employees.
(C)Definitions
(1)
"Alternate work
location" refers to an approved work site, which can include an employee's home
or other approved location away from an employee's designated
workplace.
(2)
"Flexible work arrangements" is a collective term that
refers to approved adjustments to work schedules (i.e. flextime, as defined in
this rule) or work locations (i.e., telework, as defined in this
rule).
(3)
"Flextime" refers to the ability to modify normal
working hours for an employee. Flextime requires an employee work eight hours
in a day and does not allow for extended or compressed workdays or workweeks.
Permitted flextime arrangements are:
(a)
Alternative arrival/departure time, which permits a
variation from normal working hours in order to complete an employee's
eight-hour workday by adjusting starting or departure times (e.g., seven a.m.
to three-thirty p.m. with half an hour lunch).
(b)
Extended lunch
duration, which permits an employee to extend the duration of the lunch break,
and consequently the departure time, in order to complete an employee's
eight-hour workday (e.g., seven a.m. to six p.m. with a two-hour
lunch).
(4)
"Normal working hours" refers to the standard hours of
university activity, which are from eight a.m. to five p.m. unless otherwise
directed by the immediate supervisor.
(5)
"Telework" refers
to a work arrangement that allows employees to work part of the week, not to
exceed two days per week, at an alternate work location. Employees are expected
to perform their usual job duties away from their designated workplace, in
accordance with the same performance expectations and their conditions as set
forth in the flexible work agreement. Telework does not include or apply to
work performed at home beyond normal working hours at the designated workplace
or other professional activities pursued at home or on personal
time.
(6)
"Flexible work agreement" (or "agreement") refers to a
written agreement that details the hours, terms and conditions of an employee's
flextime or telework arrangement as agreed upon with the employee's immediate
supervisor.
(7)
"Flexible work arrangement request form" is the form
completed by an employee and submitted to the employee's immediate supervisor
in which the employee requests permission to engage in flextime or telework for
a specified period of time or project.
(D)
Rule
statement
(1)
Flexible work arrangements do not in any way alter an
employee's duties, obligations and responsibilities. Employees shall comply
with all university policies, procedures, and federal and Ohio laws and
regulations while working at their designated workplace or alternate work
location.
(2)
Flexible work arrangements do not in any way alter an
employee's rate of pay, benefit eligibility, or sick and vacation accruals and
utilization.
(3)
Flextime eligibility
(a)
All full-time
employees are eligible for flextime upon successful completion of their
probationary period, if any, or upon approval by the immediate supervisor
through an agreed upon flexible work agreement.
(4)
Telework
eligibility
(a)
Employees must be continuously employed by the university on
a full-time basis for a period of six months to be eligible to engage in
telework.
(b)
Immediate supervisors, in conjunction with human
resources, are responsible for determining whether an employee's job duties
allow for telework. Employees whose job duties can only be performed on campus
at their designated worksite are not eligible for telework.
(c)
Employees must be
free from any attendance concerns or disciplinary action (verbal, written, or
otherwise) to be eligible to telework.
(d)
Employees must
have met or exceeded expectations on the most recent performance review or have
demonstrated similar abilities if a performance review has not yet been
completed, to be eligible to telework.
(e)
Employees must
have demonstrated the ability to work independently and provide timely
deliverables while managing time effectively to be eligible to
telework.
(5)
Flexible work arrangement request form and
agreement
(a)
Employees seeking approval of a flexible work arrangement
must submit a flexible work arrangement request form to their immediate
supervisor, which shall include the following information, at a minimum:
(i)
Proposed start
date and duration;
(ii)
Proposed flextime work hours and days and/or proposed
telework days;
(iii)
Proposed plans for accessibility in terms of frequency
and form (i.e., phone, email, videoconference);
(iv)
Proposed
protocol for routine communication with colleagues and immediate supervisor and
associated response/turnaround time;
(v)
Proposed manner
for monitoring/measuring performance and productivity;
(vi)
Identification
of the expected alternate work location; and
(vii)
A description
of the resources, including equipment or other items, necessary to engage in
telework.
(b)
An employee's immediate supervisor, in consultation
with the department head and the director of human resources, shall make the
final determination regarding the request. Any modifications to the proposed
plan, initially or thereafter, will be submitted in an updated flexible work
arrangement request form. A flexible work arrangement request form signed by
both the immediate supervisor and the employee constitutes the final agreed
upon flexible work agreement. Any modifications to a flexible work agreement
requires thirty days' notice before it becomes effective, unless mutually
agreed upon by the employee and the immediate supervisor.
(c)
Human resources
will conduct an audit of flexible work agreements on a regular basis to ensure
compliance with this rule, as well as assess issues of equity and fairness
across the university.
(d)
Flexible work arrangements shall never result in an
employee working less than eight hours per day or forty hours per week and do
not allow for compressed workweeks. Any classified civil services employees are
required to take a minimum thirty minute lunch break during the eight hour
workday.
(e)
In the event of a campus closure or delay, employees
must consult with their immediate supervisor to determine if/how any flexible
work agreement would be affected.
(f)
Flexible work
arrangements are not appropriate nor required for occasional, non-routine
flexibility in work hours or location.
(6)
Immediate
supervisors will review the flexible work agreement with their employee every
three months to determine if any modifications need to occur based on
performance, productivity, university needs, or other relevant factors. A
flexible work agreement can be temporarily suspended or permanently
discontinued at any point by the employee's immediate
supervisor.
(7)
Expectations specific to telework
(a)
Employees are not
permitted to telework more than two days per week.
(b)
Employees engaged
in telework shall use university provided resources only for business purposes
and shall immediately notify the university when there is a
malfunction.
(c)
Employees engaged in telework shall be required to make
arrangements for dependent care during the specified work hours. Employees may
be asked by their immediate supervisor or the director of human resources to
provide information regarding dependent childcare arrangements.
(d)
Employees engaged
in telework are expected to perform work during the normal working hours or
other approved flextime arrangements. Employees shall immediately notify their
immediate supervisor of any situations which interferes with the employees'
ability to perform their job during normal working hours while at their
alternate work location.
(e)
While at their alternate work location, employees shall
practice the same safety habits that they would use while working at their
central workplace and maintain safe work conditions. Employees shall
immediately notify the office of environmental and occupational health and
safety of any injury that occurred while teleworking.
(f)
Employees engaged
in telework shall not be entitled to reimbursement for travel mileage to attend
meetings at their designated workplace when working at their alternate work
location.
(g)
Employees engaged in telework are prohibited from
performing personal business or activities during normal working hours or
approved flextime arrangements.
(h)
Employees must
maintain a designated workspace at their alternate work location that is quiet,
free of distractions and kept in a clean, professional and safe condition with
adequate lighting and ventilation. The university is not responsible for
operating costs, home maintenance, property or liability insurance or other
incidental expenses (utilities, cleaning services, etc.) Associated with the
use of an employee's alternate work location.
(i)
Employees opting
to telework will not be provided with supplemental equipment other than what is
provided at the employee's designated worksite (i.e., laptop computer/monitor).
Employees must return such equipment in the same condition in which it was
originally received, other than normal wear and tear when/if the flexible work
arrangement ends. Employees are personally liable for missing or damaged
resources that result from teleworking.
(j)
Employees are
expected to provide their own access to the internet and telephone and other
office supplies/equipment if they wish to telework.
(k)
Computers,
printers, software, and services provided on loan by the university remain the
property of the university while on loan and must be returned upon termination
of the telecommuting agreements.
(l)
An employee shall
protect the university's information from unauthorized disclosure or damage and
shall comply with the university's policies and procedures, and federal and
Ohio laws and regulations, regarding disclosure of public and official records
and the use, storage and transmission of confidential information while
teleworking.
(8)
Temporary flexible work arrangements
(a)
The university
may permit variations of flexible work arrangements that may modify the
provisions set forth in this rule in response to a short- or long-term
university declared emergency or other operational or educational needs. Any
such declaration or need will be communicated to the affected employees, as
well as any permitted variations, depending on the nature of the emergency or
university need.
Notes
Ohio Admin. Code
3349-7-151
Effective:
9/21/2020
Promulgated Under:
111.15
Statutory
Authority: 111.15
Rule
Amplifies: 3350.12