Policy 410.10 - Policy on Teleworking for Stateside Employees

  This Replaces
File: 410.10 410.10
Date: 09/22/14 02/05/13


SUBJECT: Policy on Teleworking for Stateside Employees

  1. Purpose
    The purpose of this Policy is to specify which Stateside employees may be eligible to telework, the process UMUC will follow to determine eligibility, and the general requirements of teleworking.
  2. Scope
    The Policy on Teleworking for Stateside Employees applies to all Stateside employees.
  3. Definitions
    1. Ongoing Telework ("telecommuting") – An Eligible Employee (as defined below) working at a location other than a UMUC Workplace (as defined below) on specified days and at specified times on a regular basis.
    2. Periodic Telework– A non-recurring situation (typically lasting no more than two pay periods) in which an Eligible Employee may telework with approval of that employee's direct supervisor. For example, a Periodic Telework situation may involve performing a short-term demanding and critical work assignment that may be performed with increased efficiency and effectiveness from a Teleworking Location.
    3. Eligible Employee – A UMUC Stateside employee who holds a position that includes duties determined by the employee's supervisor to be suitable for ongoing or periodic telework.
    4. Teleworking Location – A work site other than the Eligible Employee's customary UMUC Workplace, which may include the Eligible Employee's home, a satellite office, or a telework center.
    5. UMUC Workplace – A work location owned or controlled by UMUC, including but not limited to, the Inn & Conference Center (ICC); the Administration Building; Dorsey Station; University Centre; the Academic Center at Largo; and the Student Service Center at Largo.
  4. Policy
    1. Employee Participation
      1. Ongoing Teleworkers Hired to Work at a UMUC Workplace
        Ongoing teleworking is a voluntary work arrangement that may be established by an Eligible Employee and his/her supervisor. UMUC employees do not have an entitlement or right to telework. The supervisor will determine whether an employee will be permitted to participate in periodic telework. At the discretion of the supervisor, the Eligible Employee will be permitted to telework on designated days for a period of time. Eligible Employees hired to work at a UMUC Workplace who wish to participate in Ongoing Telework must follow the Teleworker Request Process detailed in Section IV of this Policy.The following criteria may be utilized by a supervisor in determining whether an employee(s) suitable for ongoing teleworking:
        1. The position has tasks which are portable and can be performed away from the main worksite. Such tasks include, but are not limited to: data analysis, reviewing grants/contracts, writing decisions/reports, setting up conferences, data entry, word processing, or phone-intensive tasks.
        2. The employee has a minimum performance rating of "meets standards" in the previous and current performance assessment year.
        3. The employee does not require close supervision, or has mandated interaction with co-workers and/or the public. If public contact is required, the supervisor/manager must outline how the employee can meet the requirements for necessary face-to-face contact or other types of main office contact required by the job.
        4. The employee possesses a high level of skill and knowledge of the work to be performed remotely.
        5. The employee is computer literate and has a designated space at the off-site location which would be necessary for the completion of tasks.
        6. Work of the position can be monitored with quantifiable tasks, quantity and quality must be measured as is currently being done in the office; for non-quantifiable or project-oriented tasks, measuring normally involves: establishing the nature and objective(s) of the tasks; setting a deadline or due date; and setting progress or status report/meeting dates.
      2. Periodic Teleworkers Hired to Work at a UMUC Workplace
        Periodic teleworking is a voluntary work arrangement that may be established by an Eligible Employee and his/her supervisor. UMUC employees do not have an entitlement or right to participate in periodic telework. The supervisor will determine whether an employee will be permitted to participate in periodic telework. At the discretion of the supervisor, the employee will be permitted to telework on designated day(s) for no more than two consecutive pay periods. Periodic teleworkers who are hired to work at a UMUC Workplace are not required to follow the Teleworker Request Process detailed in Section IV of this Policy. Instead, approval from the employee's supervisor is sufficient for periodic telework and should be documented in writing.
      3. Teleworkers Hired to Work from a Teleworking Location
        1. Adjunct faculty and instructional collegiate faculty who do not have significant administrative duties are generally hired to work from a Teleworking Location. These individuals do not need any approvals at the time of hire or renewal to telework.
        2. Collegiate faculty who also hold administrative duties, including, but not limited to, Chair, Program Director, Academic Director, and Assistant Academic Director who are hired to work from an approved Teleworking Location must obtain the approval of the applicable Dean of the Graduate or Undergraduate Schools ("Dean") prior to initial hire or renewal. Information regarding the employee's Teleworking Location will be in the appointment agreement.
        3. Exempt Regular, Non Exempt Regular or Contingent Staff who are hired to work from a Teleworking Location at the initial time of hire must obtain the approval from the applicable Executive Committee member, prior to hire. Information regarding the employee's Teleworking Location will be included in the appointment letter.
        4. Teleworkers who are hired to work from a Teleworking Location are not required to follow the Teleworker Request Process detailed in Section IV of this Policy.
    2. General Provisions
      1. Communication
        While teleworking, the Eligible Employee shall be reachable by e-mail and telephone during agreed-upon work hours. The Eligible Employee and supervisor shall agree on expected turnaround time and the medium for responses.
      2. Conditions of Employment
        The Eligible Employee's conditions of employment shall remain the same as for non-teleworking employees; wages, benefits and leave accrual will remain unchanged unless other processing requirements supersedes the circumstances.
      3. Equipment
        Home office furniture and other peripheral equipment such as printers, faxes, telephones etc. shall be provided by the Eligible Employee. UMUC will provide each Eligible Employee with a lap top computer with docking station. The laptop will be configured by UMUC IT and will have a standardized UMUC approved operating system.  Software contained on the UMUC laptop shall not be duplicated.The Eligible Employee is responsible for the following:
        1. Any intentional damage to UMUC laptop or docking station;
        2. Damage resulting from gross negligence by the Eligible Employee or any member or guest of the Eligible Employee's household;
        3. Damage resulting from a power surge
        4. Reporting any malware such as a virus or spyware incidents to UMUC IT Risk @ it-risk@umuc.edu
        5. Secure wireless connection from the EE's home office
        6. Use of the UMUC Virtual Private Network (VPN) to access any UMUC owned information
        7. UMUC sensitive or confidential information and must be maintained on UMUC's laptop or shared drives

          In the event that the UMUC laptop fails or malfunctions, the Eligible Employee must immediately notify the University IT Help Desk in order to affect immediate repair or replacement. In the event of delay in repair or replacement, or because of other circumstance, which make it impossible for Eligible Employee to telework, Eligible Employee understands that he/she may be reassigned to other work and or assigned to another UMUC location, at the University's sole discretion.
      4. Dependent Care
        Telework is not a substitute for childcare or other dependent care. A Telework schedule cannot be approved by a supervisor if the employee would have child or dependent care responsibilities during a scheduled day(s) of periodic or ongoing telework. Eligible Employees shall make or maintain alternative childcare or other dependent care arrangements to permit concentration on work assignments.
      5. Hours of Work
        The Eligible Employee will have regularly scheduled work hours agreed upon with the supervisor, including specific core hours and telephone accessibility that must equal a minimum of 8 hours per work day or be equal to the standard work hours in association with his/her full-time equivalency (FTE). The Eligible Employee will attend job-related meetings, training sessions and/or conferences, as directed by supervisors that may also include mandatory on-site participation at a UMUC location. In addition, the Eligible Employee may be required to attend "short-notice" meetings and teleworking privileges do not supersede this requirement.
      6. Inspections
        In case of injury, theft, loss, or tort liability related to telework, the teleworker must allow agents of UMUC to investigate and/or inspect the telework site.
      7. Intellectual Property
        Products, documents, and records developed while teleworking are property of UMUC.
      8. Office Supplies
        UMUC shall provide any necessary office supplies. Out-of-pocket expenses for supplies normally available in the office will not be reimbursed.
      9. Policies
        UMUC/USM policies, rules and practices shall apply at the telework site, including those governing communicating internally and with the public, employee rights and responsibilities, facilities and equipment management, financial management, all computing policies including acceptable use and information security, information resource management, purchasing of property and services, and safety. Failure to follow policy, rules and/or procedures may result in termination of the telework arrangement and/or disciplinary action.
      10. Quality of Work
      11. All work shall be performed according to the same high standards as would normally be expected at the primary worksite.
      12. Confidentiality and Security
        Security and confidentiality shall be maintained by the teleworker at the same level as expected at all worksites. Restricted access or confidential material shall not be taken out of the primary worksite or accessed through a computer unless approved in advance by the supervisor. The Employee agrees to protect University records from unauthorized disclosure or damage and will comply with all University policies, requirements, and applicable laws regarding disclosure of University information, including but not limited to all personnel records, all student records under the Family Educational Rights and Privacy Act (FERPA), and all medical documentation pursuant to the Health Insurance Portability and Accountability Act (HIPAA).The Eligible Employee agrees to adhere to UMUC's Acceptable Use policy and End User Device Guidelines.
      13. Termination of Telework Assignment
        The supervisor or the Eligible Employee may discontinue the telework arrangement for any reason (including but not limited to performance deficiencies, etc.) generally giving at least a two weeks notice.
      14. Travel
        Attendance at the primary workplace for on-site meetings, conferences, training sessions and similar activities may be required on scheduled Telework days at the sole discretion of the supervisor. Ongoing teleworkers will not be paid for time or mileage involved in travel between the telework-site and the primary worksite. Teleworkers hired to work from a Teleworking Location may be eligible for reimbursement of these expenses.
      15. Non-Discrimination
        University of Maryland University College (UMUC) is committed to ensuring that all individuals have equal access to programs, facilities, admission, and employment without regard to personal characteristics not related to ability, performance, or qualifications as determined by UMUC and/or University System of Maryland policy or by federal, state, or local authorities. UMUC does not discriminate against or harass any person because of race, religion, color, creed, gender, marital status, age, national origin, ancestry, political affiliation, mental or physical disability, sexual orientation, or veteran status (including Vietnam Era Veterans). Discrimination based on any of the aforementioned protected classes is expressly prohibited. Any Eligible Employee who encounters discrimination should immediately report such conduct to the Office of Diversity Initiatives (Policy and Procedures on Affirmative Action, Equal Opportunity, and Sexual Harassment).
  5. Procedure - Teleworker Request Process
    1. Employees who are hired to work from a UMUC Workplace who desire to telework on an ongoing basis must complete a Telework Request Form for review by his/her supervisor. Submission of the Telework Request Form does not imply or guarantee approval.
    2. Once the employee submits the completed Telework Request Form, his/her direct supervisor will either approve or deny the request within 10 business days.
    3. After the supervisor has approved or denied the employee's request, the supervisor will submit the Telework Request Form to the Office of Human Resources to be filed with the employee's records.
    4. Appeal Process
      1. If the employee has rights under the USM Policy VII- 8.00 and the employee's telework request is denied or the employee's telework arrangement is terminated, the employee is able to grieve this decision pursuant to the USM Policy on Grievances for Exempt and Nonexempt Staff Employees.
      2. If the employee has rights under the UMUC policy on Faculty Grievance Procedures and the employee's telework request is denied or the employee's telework arrangement was terminated, the employee is able to grieve this decision pursuant to the Faculty Grievance Procedures.
  6. Forms
    1. Telework Request Form
  7. Relevant Information
    1. Other relevant policies and guideline documents
      1. USM Policy on Grievances for Exempt and Nonexempt Staff Employees
      2. UMUC Faculty Grievance Procedures
      3. UMUC Policy and Procedures on Affirmative Action, Equal Opportunity, and Sexual Harassment
      4. UMUC Policy on Acceptable Use
      5. UMUC Mobile Device Guidelines