Flexible Work Arrangements

I. Purpose

The purpose of the Flexible Work Arrangements Policy is to define requirements and guidelines under which senior administrators may create flexible work environments for UNC Asheville employees, including options for working remotely (also referred to as teleworking).  When appropriately administered, flexible work arrangements can support university goals related to recruitment and retention of a highly qualified workforce and continuity of operations plans, create administrative efficiencies (e.g. improving productivity, reducing office and parking space), and enhance work/life balance for employees.

As North Carolina’s designated public liberal arts university, UNC Asheville’s mission prioritizes small class sizes, close collaboration, and high-impact experiences. Provision and administration of flexible work arrangements at UNC Asheville will be guided by an emphasis on the university’s unique mission.

II. Scope/Covered Persons

This policy applies to faculty and staff in permanent and temporary positions.

III. Definitions

1. Flexible Work Arrangements – This policy provides flexible work arrangements in three major categories:
   1. Flexible Work Schedules – These are adjustments to an employee’s daily or weekly work schedule to respond to employee or operational needs. This may include compressed work weeks (e.g., four 10-hour workdays) or variable daily schedules (e.g., four 9-hour workdays and one 4-hour workday).
   2. Flexible Work Hours – These are adjustments to an employee’s work hours per week. This may include part-time work (e.g., an employee working 30 hours per week, or a position designed to be 30 hours per week) or job-sharing (e.g., two part-time employees performing the work of a full-time position).
2. Flexible Work Locations – These are adjustments to the employee’s customary worksite to respond to the operational needs of the department or the personal needs of an employee. Typically, these arrangements involve the employee primarily working off-site (referred to as a “remote” work arrangement) or a combination of on-site and off-site (referred to as a “hybrid” work arrangement).
3. Senior Staff or Senior Officers – members of the Senior Staff at UNC Asheville include: Chancellor, Provost and Vice Chancellor for Academic Affairs, Vice Chancellors, Chief of Staff, University General Counsel, Special Assistant to the Chancellor for Communication & Marketing, and Senior Administrator of University Enterprises/Director of Athletics.

IV. Policy Statement

As an institution of higher education, UNC Asheville recognizes that flexible work arrangements, including off-site work locations, can serve to promote employee recruitment and retention and provide economies with respect to facilities and other institutional operating costs. Accordingly, UNC Asheville may implement flexible work arrangements, either leadership-directed or employee-requested, to meet operational needs and to provide enhanced flexibility to both employees and the university. Leadership in each UNC Asheville division is responsible for determining which types of flexibility may be appropriate based on operational need, specific position requirements, and employee performance. Decisions regarding flexible work arrangements are at the discretion of leadership. This policy does not create a guarantee, right, or entitlement to any specific flexible work arrangement for any employee.

V. Faculty Work Arrangements

This policy does not intend to limit the traditional ability of faculty to work in‐person and/or remotely in the course of their normal duties. Faculty have the freedom to exercise flexibility in changing the modality of select classes of an in-person course (i.e. to deliver a class remotely). The Provost and Vice Chancellor for Academic Affairs may issue guidance regarding flexibility of instructional modality to ensure faculty flexibility does not substantially alter the student experience or transform an in-person course to a remote/online course.

Notwithstanding the above, flexible work arrangements for faculty duties that are generally expected to be conducted on‐site (e.g., in-person instruction, faculty advising), are subject to this policy’s review and approval processes.

This policy does not apply to faculty development and work arrangements governed by the UNCA Faculty Handbook such as special assignments, faculty exchanges, professional development leave, professional travel, fellowships, or faculty leave without pay.

VI. Procedures

A. Flexible Work Arrangement Minimum Requirements and Pre-Approval: The following minimum requirements and pre-approvals have been established to ensure appropriate accountability and oversight of flexible work location arrangements:

1. Occasional and Sporadic Flexibility. Flexibility in work schedules or work locations used to address occasional and sporadic employee or operational needs can be administered informally through the employee’s supervisor and do not require completion of the Flexible Work Arrangements Agreement.
2. Persistent Flexible Work Arrangements. Regular or recurring flexible work arrangements lasting longer than 30 calendar days require completion of a Flexible Work Agreement form. Any policy exceptions must be documented on the agreement form and approved by the appropriate division Senior Officer and by Human Resources prior to being implemented. Completed agreements must be sent to the Human Resources and are maintained as part of the employee’s personnel file.
3. Requirements for Continuing Arrangements. Any arrangement may be provided on a conditional or trial basis. The employee must meet all performance expectations and conduct requirements of their current role and consistently demonstrate the ability to complete tasks and assignments on a timely basis. Employees on persistent flexible work arrangements should have demonstrated good work habits, self-motivation, dependability, the ability to work independently, and the ability to meet deadlines. Employees must also demonstrate compliance with the requirements of this policy and any additional applicable policies, rules, and regulations.
4. Review, Modification, or Revocation of Arrangements. Initial approvals for flexible work arrangements should not exceed one semester and should be reassessed at 30 days and at the end of the semester for viability. Supervisors will review existing arrangements at least annually, typically during the annual performance appraisal process, to assess continuation, modification, or revocation of the arrangement. The university must provide the employee an advance notice of at least 30 calendar days for revocation of, or significant changes to, the employee’s approved flexible work arrangement. Exceptions to this minimum notice may be made, in consultation with Human Resources, due to employee misconduct, significant and sustained performance deficiencies, and/or to address critical business needs

B. Assessing suitability for flexible work arrangements- Not every position lends itself to flexible work arrangements, and the establishment of a flexible work arrangement does not create a guarantee, right, or entitlement to such an arrangement by any employee or group of employees on an ongoing basis. University leadership will determine allowable flexible work arrangements based on factors such as the nature of the work performed, employee productivity and performance, task interdependence, federal and state laws, and operational requirements and constraints. To ensure that equitable consideration is given to all requests for flexible work arrangements, the supervisor and/or division leadership should consider the following items:

1. Operational Needs. The work environment of the unit, including the quality and quantity of student, faculty, staff, or visitor interaction, the availability of on-site workspace, and all other operational needs that may be unique to an employee’s campus location. Changes in work location or schedule must not affect the level of service provided or unduly alter the job duties of the employee or of their co-workers.
2. Equity. The availability and terms of flexible work arrangements will be administered equitably based on applicable job-related factors and without regard to an employee’s race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, genetic information, or veteran status. When selecting employees to engage in flexible work, leadership must ensure that duties continue to be equitably divided among on-site, hybrid, and remote employees, consistent with their job descriptions.
3. Employee Needs. Employees may have specific needs that may be supported by either short- or long-term flexible work arrangements, or employees may have other work/life balance issues that affect the structure of a flexible work arrangement. Supervisors should balance an employee’s desire for a flexible work arrangement with the operational needs of the work unit and the manageability of any proposed arrangement.
4. Oversight and Compliance. A supervisor must be able to effectively monitor and assess the employee’s work and performance outside of the regular work location or schedule and must be able to ensure continuing compliance with federal wage-hour regulations.

C. Additional Requirements

1. Core Business Hours and On-site Work Locations.
a. Employees using flexible work schedules, work hours, or work locations generally should be available during a standard 8-hour business day as determined by their division leadership. A Flexible Work Agreement form should be used to indicate if the employee will not be regularly scheduled during these hours. For departments that operate on a twenty-four-hour basis or include evening work, the university may define alternative core business hours for shift workers.
b. Leadership will determine which employees may be required to work fully on-site, work primarily off-site, or work a “hybrid” schedule. Leadership will also determine if employees will have a dedicated on-site workspace (office, cubicle, etc.)

2. Employee Campus Locations and Reasonable Commuting Distance
a. Campus Location. The employee’s designated on-site university work site is considered their campus location regardless of any approved flexible work arrangement. Employees working from an alternate location cannot charge mileage for travel between their alternate work location and their assigned duty station. Employees traveling for business departing from their alternate work location will be reimbursed mileage consistent with current state policies (i.e., currently per OSBM guidelines, mileage is measured from the campus location or point of departure – whichever is closer to the destination – to the destination [and return]). For overtime-eligible employees, certain activities, such as travel to and from required meetings that occur during scheduled work time, may be included as hours worked, consistent with existing state policies. Although normal commuting is not considered work time, unplanned and required travel during work hours between work locations (i.e., being called to an unexpected on-campus meeting) may be considered work time.
b. Reasonable Commuting Distance. Employees approved for flexible work locations are expected to work within a reasonable commuting distance to be able to report to their on-site duty station within a practical period of time when directed due to operational needs and/or due to changes to, or revocation of, their flexible work arrangements. A “reasonable commuting distance” generally means within two hours of the employee’s on-site work location. Exceptions may be made to the reasonable commuting distance based on operational needs, including but not limited to recruitment of those with unique or scarce skills and arrival or departure of employees for a transitional period of relocation. All such exceptions must have the written approval of the appropriate Senior Officer and Human Resources.

3. Out-of-State Work.
   a. As the university is intended in part to contribute to the economy, it is the position of the UNC System that, to the greatest extent practicable, its employees will reside within the State of North Carolina and will generally avoid long-term flexible work arrangements for employees who reside outside a reasonable commuting distance. This does not apply to positions in which the primary duty station of the employee is located outside of North Carolina due to operational needs or arrangements involving a period of transition for relocating employees when this offers specific benefit and value to the UNC Asheville. Senior Officers have the flexibility to approve remote work agreements for employees who live within a reasonable commuting distance in a state that borders North Carolina.
   b. Employees with remote work arrangements outside of North Carolina may be subject to the laws and regulations of other states or countries with respect to the employee/employer relationship. UNC Asheville will ensure good faith compliance with such laws and regulations if granting approval for remote work arrangements outside of North Carolina.
   c. Employees are expected to cooperate with the UNC Asheville’s compliance programs for tax withholding; however, employees remain individually responsible for the payment of employee income taxes, including ensuring that sufficient taxes are remitted to taxing authorities through withholding or estimated payments.
4. Resources for Remote Work Locations. The Flexible Work Agreement form includes an inventory of state property authorized for use from the employee’s remote work location.
   a. University property and equipment insurance. UNC Asheville will ensure that all University property used off-site as part of a remote work arrangement is used in compliance with policies governing personal use, including compliance with all software and technology licensing agreements. Employees approved for flexible work arrangements shall be provided with a copy of all applicable policies governing personal use of state-owned equipment
   b. Information Technology. UNC Asheville will provide either a university-owned laptop or desktop to employees working remotely along with necessary connective or power cables. Unless approved as an exception, the university will not provide both an on-site and an off-site laptop/desktop. Other specialized technology may be approved if off-site use of the technology is essential to the employee’s job duties. IT will provide user support for university-issued IT equipment only. The university will not provide reimbursement for IT resources purchased by the employee for their own convenience, and employees are responsible for providing their own internet service.
   c. Office Furniture. As a rule, employees are responsible for procuring their own office furniture for their remote workstation unless exceptions are otherwise authorized by the department head. Exceptions may be provided for furniture already purchased as part of an ADA reasonable accommodation for an employee. All items authorized for off-site use by an employee must be inventoried on the Flexible Work Agreement form.
   d. Office Supplies. The university will continue to provide necessary office supplies to employees working remotely. Employees may arrange to pick up supplies periodically at their on-site work location.
   e. Return of Equipment/Supplies. In the event of an employee’s separation from employment or the termination of a flexible work arrangement, employees are responsible for returning all University property and resources used off-site no later than the employee’s separation date or date of termination of flexible work arrangement. Employees may be held responsible for any damage to University-issued equipment beyond what would be considered normal “wear and tear.” The supervisor is responsible for coordinating the return of the equipment by the employee, and for notifying HR and University Police if the employee does not return all University property.
5. Safe and Secure Work Environment. For remote work, the employee must ensure appropriate data security measures and maintain a work environment that is free from hazards or potential injury.
   a. Information and Data Security. The security, confidentiality, and integrity of university records and information must always be protected and must comply with all information security requirements that would apply at the on-site work location. Sensitive information and data must not be processed nor stored on a personally owned computer or device, but instead must be processed on institutionally owned systems, stored in approved and secure remote storage, and accessed only by secure network access technologies. Employees must complete and adhere to all information security training required by the UNC Asheville’s Information Technology Services, and also adhere to any other directives from the UNC Asheville Chief Information Officer (CIO) or Information Security Officer.
   b. Workers’ Compensation. Employees working under a flexible work arrangement, including at a remote work site, are covered by workers’ compensation for job-related injuries that occur in the course and scope of employment during the employee’s approved work hours.
6. Off-Site Professional Conduct. When working at a remote location, employees are expected to perform their job duties with the same level of professionalism as is expected for on-site work. Employees must be able to perform their duties free of non-work-related obligations and unreasonable interruptions to the greatest extent practicable. Personal appointments and attending to personal business should be kept to a minimum during normal business hours unless otherwise approved by the employee’s supervisor and covered as needed by accrued personal leave. When participating in video conferences, employees should dress appropriately and take reasonable steps to minimize background noise and disruptions.
7. ADA Accommodations. Flexible work arrangements are determined and administered separately from reasonable workplace accommodations under the Americans with Disabilities Act (ADA). Flexible work arrangements are not intended to substitute for the interactive reasonable accommodations process under ADA or to meet the university’s ADA obligations.
8. Compliance with University Policies. Work performed under a flexible work arrangement remains subject to all applicable laws, policies, and regulations as if it were performed on-site. These provisions include, but are not limited to, recordkeeping for work hours and leave, prohibitions on discrimination and workplace harassment, records retention obligations, and compliance with the North Carolina Public Records Act.

VII. Exceptional Circumstances that Require Widespread Remote Work

In the event of a catastrophic weather incident, an outbreak of a serious communicable disease, physical damage, destruction, or unavailability of the worksite due to a natural disaster or other condition, or other such significant emergencies, the flexible work arrangements policy may be implemented by the University administration on a more widespread basis.  In such cases, employees may be required to work from alternate sites off campus (including their homes) to meet the operational needs of the University. Such circumstances may include the University’s declaration of Operation Status 2, as set forth in the Adverse Weather and Emergency Events Policy.   The decision will be communicated to the campus community.

The duration and type of exceptional circumstances will dictate how long the special provisions will remain in place, the timing of decisions, and the frequency of communications associated with the exceptional circumstances. For example, a blizzard with three feet of snow and ice may require one (1) week of remote work whereas a pandemic may require a longer period of time.

While the implementation of a flexible work arrangement under exceptional circumstances does not always require a Flexible Work Agreement, the university or individual managers/supervisors may require an Agreement or other documentation in order to confirm agreed upon work expectations during a special circumstance.

In the event of exceptional circumstances as described in this section, each department will develop and maintain updated rosters of those job duties that are designated as mandatory and which positions qualify for remote work under special circumstances.  Departments should plan for cross training and redistribution of “available” employees in order to prepare for contingencies likely to emerge during catastrophic or exceptional circumstances.

VIII. Implementation and Reporting

The Office of Human Resources and the Office of the Provost will maintain data associated with approved flexible work arrangements and respond to State and University report requests as required.