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DRAFT
THIS POLICY IS
POSTED AS A DRAFT FOR DISCUSSION
PURPOSES ONLY. IT IS NOT UNIVERSITY POLICY UNLESS AND
UNTIL THE CAPTION "DRAFT" IS REMOVED FROM THE POLICY AND IT IS ANNOTATED
WITH AN EFFECTIVE DATE. THOSE WISHING TO MAKE COMMENTS OR OFFER
SUGGESTIONS WITH REGARD TO THIS POLICY MAY DO SO BY SENDING E-MAIL TO JIM
STEPHENS, HR SERVICES, MARSHALL UNIVERSITY, AT jstephen@marshall.edu
MARSHALL
UNIVERSITY TELECOMMUTING POLICY
EFFECTIVE DATE:
SECTION 1.
Definition
Telecommuting is an employment process involving a
work arrangement in which some or all of an employee's work is performed
at an off-campus work site such as the home, non-University office,
commercial site, customer home/office, etc. The use of technology is
not required to define telecommuting. While computing or
communications equipment such as a telephone, modem, computer, personal
digital assistant (PDA), fax, or a wireless device such as a pager or
cellular telephone may be used, telecommuting may be accomplished in
certain circumstances without use of any such equipment. The primary
purpose of telecommuting is to pursue economies of operations that may
result from reduced commute times and expenses, reduced demands on
University physical resources or utilities, increased ability to retain
staff, and/or opportunities for increased efficiency or speed of
production.
SECTION
2. Policy
This policy is applicable to non-classified and
classified staff employees. It does not apply to faculty
members. For covered employees, it is the policy of Marshall
University to permit telecommuting in those situations where (a) the
characteristics of the employee's job are such that it lends itself to
telecommuting; (b) the work can be efficiently performed at an off-campus
site; (c) standards for quantity and quality of production can be assessed
and maintained; (d) significant economies may accrue to the individual or
the University as a result of telecommuting; (e) arrangements to
telecommute - either as irregular episodes or as a regular process - have
been approved in advance by the employee's responsible vice president or
his/her designee; and (f) a copy of the telecommuting agreement has been
provided to Human Resource Services.
It is
understood the persons approved to telecommute and those who have approved
their requests have reviewed the proposed telecommuting arrangement and
understand and agree (a) that a specific task (or tasks) can be
accomplished in a telecommuting mode; (b) that the outcome of the task can
be evaluated quantitatively or qualitatively for completion at acceptable
standards of quality; and (c) that any requirements have been clarified
for the employee to be present at the University while the task is being
performed.
Approvals to
telecommute do not fundamentally change the basic terms and conditions of
employment by the University. All policies and procedures affecting
employment remain in effect during telecommuting except for those
determined by the University to be non-applicable or those which cannot be
applied and enforced.
SECTION
3. Approvals to Telecommute
Telecommuting is approved via
a telecommuting agreement. An approved telecommuting agreement
contains but is not limited to this information: (a) the agreed upon
purpose(s) of the telecommuting; (b) the duration, time frame, and
frequency of the telecommuting; and (c) information with regard to
supervision, oversight, safety, accountability, compliance, progress
reporting, and/or on-site time.
A.
Recurring or Regular-Basis Telecommuting - Approvals to
telecommute on a recurring or regular basis must be approved by the
telecommuting employee's responsible vice president or his/her
designee. If the affected individual is a member of an academic
unit, the responsible dean should be included in the approval
process. A copy of the approved telecommuting agreement must be
provided to Human Resource Services in advance of the beginning of the
telecommuting.
B.
Ad-Hoc, One-Time-Only Telecommuting - Telecommuting on an ad-hoc
or one-time-only basis (i.e.-not intended to be repeated) may be
approved by the employee's immediate supervisor. A copy of the
approval of such ad-hoc, one-time only telecommuting must be maintained
in the employee's department.
SECTION
4. Revocation of Approvals to Telecommute
Approvals to
telecommute shall expire at the expiration date reflected in the
telecommuting agreement. A right to telecommute does not
exist. All telecommuting agreements are approved and entered into by
the University voluntarily and electively. The University reserves
the right to decline approval of any telecommuting proposal at any time or
to revoke any existing telecommuting agreement at any time for any reason
or no reason. The obligation to report to work for non-telecommuting
work shall exist at the first normally assigned work period or shift
commencing after expiration of the telecommuting agreement or after
notification of revocation of the telecommuting agreement.
SECTION 5.
Alternate Work Place
Telecommuting agreements must state the
physical location at which telecommuting work will be performed. In
consideration of approving a telecommuting agreement it is understood by
the University that the employee will identify or provide a designated
workspace that will be maintained in a clean, professional and safe
condition. Any change in the physical location for telecommuting
other than that reflected in an approved telecommuting agreement must be
communicated by the employee and accepted by the University in advance of
the change.
SECTION 6.
Liability and Benefits
Marshall University shall provide
workers' compensation coverage and liability insurance protection to any
employee performing under an approved telecommuting agreement.
Marshall University assumes no liability or responsibility for any
activity, incident, event, damage, or injury which is not associated with
or results from the performance of officially assigned job duties and/or
for which the University has no ability to control. Marshall
University assumes no responsibility at any time for damages or losses of
any kind to personally-owned property or the property of parties other
than the University and the telecommuting employee. Any tax
implications related to telecommuting and the use of alternate work
locations are the responsibility of the employee.
SECTION 7.
Expenses
Expenses for modification of alternate work locations,
for provision of any equipment necessary to perform the telecommuting
work, or for provision of long-distance and other connectivity charges
must be understood and agreed to specifically by the University and the
telecommuting employee and must be incorporated into the telecommuting
agreement. No expenses other than salary and benefits may be
provided to a telecommuting employee except for those which may be set
forth and included in the telecommuting agreement.
SECTION 8.
Equipment
If a department or
unit desires to have an employee telecommute on a recurring or regular
basis, it is recommended that the employee's department or major unit
provide necessary equipment (personal computer, modem, wireless phone,
pager, printer, fax, scanner, etc.) for use by the telecommuter.
Personally-owned equipment may be used by the telecommuter, but it is
essential that the equipment and software used be compatible with systems
used by the University. If a personally-owned computer is used,
university-owned software should not be installed on the computer unless
explicitly allowed by the applicable software license. Issues of
ownership, licensing, etc., may be raised with the use of personally-owned
equipment; therefore its use is discouraged. Each department shall keep
records of equipment assigned to telecommuters and the equipment shall be
itemized on the telecommuting agreement. When/if telecommuting
ends, all University-owned equipment must be returned to the responsible
department or to its original location.
SECTION
9. Records
Employees approved to telecommute will apply
safeguards to protect from any unauthorized disclosure, loss or damage any
University records or information that may be in their possession in
connection with their telecommuting . Work done at the telecommuting
location is considered official University business, and all work products such
as files, tables, reports, databases, programs, etc., created during
telecommuting are the property of the University and are considered
official records. All records, papers,
correspondence, or computer media must be safeguarded. The
University reserves the right to recover any of its property from
personally-owned computers, and provision of such records as required is a
condition of approvals to telecommute. Telecommuters agree not to
remove from personally-owned computers any such files until obligations to
provide those to the University have been satisfied or until the
University has released the telecommuter from such obligations.
SECTION 10.
Telecommunications Services
Certain types of
telecommuting may require the use of telephone, pager, and computer
communications services. A minimum requirement is a telephone so that the
employee may stay in contact with the office. Voice communications
may be handled though telecommuter’s home residential phone if the volume
is not heavy. If the telecommuter’s tasks require extensive
telephone use, the responsible department or major unit should consider a
second telephone line or wireless telephone service. If the
telecommuter’s tasks require a data connection to the Marshall University
data network, the responsible department or major unit should provide
those communications services as well.
When
voice and data communications services are provided, the telecommuter
shall maintain and provide logs of University use of those services. The
employee's supervisor shall determine an appropriate minimum amount of use
that justifies the service, and this minimum usage may vary based upon the
type of work being performed, the type and level of the employee, the
needs of the University, etc. Use of services shall be primarily for
University business. The University shall be reimbursed for any personal
use of services that are charged by some measure or metric (i.e.
measured-rate telephone service, paging service which is charged by the
page, long-distance and/or roaming charges, communications services which
charge for utilization after some maximum “included” hours or
minutes). The decision as to what types and levels of service are to
be provided shall be made in consultation with representatives of
Computing Services and University Telecommunications.
SECTION
11. Telecommuting Resource Person
Human Resource Services
shall designate an individual to serve as a telecommuting resource person,
whose responsibility it shall be (a) to interpret the telecommuting
policy; (b) to provide information and assistance to individuals
contemplating or participating in telecommuting experiences, (c) to
resolve problems or issues arising from telecommuting; (d) to assist
employees and departments to understand the advantages and limitations of
telecommuting, (e) to record information on all telecommuting agreements;
(f) to notify parties of the expiration or termination of telecommuting
agreements; (g) to participate in decisions about whether particular jobs
are eligible for telecommuting; and (h) to troubleshoot and offer
solutions to problems and issues that may arrive in the course of
telecommuting.
SECTION 12.
Ethical and Work-Life Issues
Telecommuters represent the
University during the conduct of their telecommuting. Therefore,
employee behavior during telecommuting must reflect honorably upon the
University and no activities may be undertaken during telecommuting that
would reflect negatively on the University or that would create a
violation of University policies and procedures. Professionalism in
terms of job responsibilities, work output, work quality and quantity, and
relationships with supervisors, peers and/or clients are unchanged as a
result of telecommuting.
While there
is no prohibition on the presence in the alternate work location of
children or other family members who may require time and attention from
the telecommuting employee, nothing in telecommuting agreements shall be
construed to offer released time to the telecommuting employee to provide
time or care to family members unless the work schedule has been
especially configured to provide such time.
This page revised 04/12/00 by Jim
Stephens, jstephen@marshall.edu,
304.696.3983 |