Fayetteville Policies and Procedures  412.3 

Flexible Work Arrangements, Including Remote Work

1. Flexible Work Arrangements, Including Remote Work
   
   
   1. Applicability
      The University of Arkansas permits flexible work arrangements when they are consistent with the efficient operation of the campus and the effective delivery of services to students and the public. Flexible work arrangements (FWAs) may be allowed when consistent with this policy and in the best interests of the University. Not all positions are eligible for FWAs.
      
      In general, this policy pertains to exempt and non-exempt-benefits-eligible employees, and as appropriate, non-exempt-benefits-ineligible (extra-help/hourly) employees. However, this policy does not pertain to the location or delivery of on-campus course instruction, or other on-campus expectations of faculty such as office hours for in-person student and faculty meetings or in-person service obligations, although faculty have considerable flexibility in their local work location other than for such on-campus duties. 
      
      This policy is also applicable, and prior approval is required, for a graduate assistant to perform work out of the state of Arkansas, including internationally.
      
      FWAs are separate and apart from the informal practice of employees occasionally working remotely or working a different schedule with their manager’s approval on a short-term, day-to-day basis. Temporary changes to an employee’s regular work schedule to adjust for an unplanned, short notice, or sporadic event can be approved at the department or unit level and should be documented but do not require this policy’s approval process. 
      
      This policy does not address schedule modifications or scheduling assignments made by a manager to fulfill operational needs of the work unit. However, anyone working remotely, even occasionally or sporadically, is still bound by the remote work provisions in Part III of this policy.
      
      
   2. Definitions
      
      A Flexible Work Arrangement (FWA) means an arrangement for a flexible work schedule or remote work for at least part of the workweek on an ongoing basis.
      
      A Flexible Work Schedule means a work schedule that is performed on campus which differs from the University’s staff handbook work hours. Examples include a different beginning or ending time, or a compressed work week (such as four ten-hour workdays in a week). 
      
      Manager means the person recorded in Workday who oversees an employee’s annual performance review.
      
      Remote Work means work that is conducted at a location that is not owned or operated by the University but does not include work performed during typical business travel of limited duration for the University or work conducted during employee personal travel. Remote work arrangements may include a combination of remote and on-campus work, or may be 100% remote, if appropriate to the position. Except with special approval, as addressed below, remote work must be conducted within the State of Arkansas. 
      
      Note: An occasional request to work remotely due to special circumstances (for example, to meet a home repairman) is not covered under this policy. To request such permission, the employee should speak to his/her supervisor. 
      
      Temporary means a maximum of 30 consecutive calendar days excluding University holidays.
      
      
   3. Availability of Flexible Work
      
      In certain cases, FWAs may be a requirement of a position, included in the position description, and communicated to the employee. In other cases, FWAs are mutually agreed upon by the employee and the University when the position’s responsibilities are suited to such an arrangement and the employee meets or exceeds performance expectations. All FWAs are subject to applicable laws and University policies.
      
      
   4. Approvals
      
      Flexible work arrangements FWA approvals under this policy may be delegated by Vice Chancellors to unit leaders or managers, except that a request for 50% or greater remote work, or for remote work outside the State of Arkansas, require approval of the Provost or relevant vice chancellor.
      
      If a FWA is proposed in relation to a known or potential disability, the request should be processed through the Office of Equal Opportunity, Compliance, and Title IX (OEOC), which will facilitate the interactive process and approval by the relevant supervisor, unit leader, and vice chancellor. FWAs as part of a parental modified work assignment must be approved through that approval process. 
      
      A FWA may not begin until the request is fully approved in Workday.
      
      
   5. Duration, Termination
      
      FWAs are designed to provide an ongoing working arrangement. However, FWAs are revocable, are reviewed periodically (at least annually, typically in connection with the annual review) by the employee and manager and may be discontinued by the University at any time and for any reason. Subject to approval by the employee’s supervisor, an employee may request to terminate an FWA with reasonable notice (except in those circumstances noted earlier where an FWA is required of the position).
      
      Where an FWA is a requirement of the position, and the administrative department or unit wishes to terminate the FWA, the administrative department or unit must make reasonable efforts to assist the employee with maintaining employment with the University.
      
      
2. Eligibility
   
   FWAs are not appropriate for every position or for every employee. Initiation of an FWA may be made by the University or requested by the employee. FWAs are entered into at the discretion of the University. Participation in FWAs is voluntary on the part of the employee, except in cases where it is a requirement of the position and notification has been provided to the employee. An FWA entered into at the request of the employee is a privilege, and not a right, for any position or individual.
   
   
3. Basic Requirements of Flexible Work Arrangements
   
   The following are the basic requirements of all FWAs, including temporary arrangements:
   
   • All University work requirements must be fully met.
   • An employee with an FWA must be available by phone, email, or other means of communication as required by the manager during scheduled work hours.
   • An employee with an FWA must report to campus when there is a need. For example, when there is a meeting or event that should be attended in person, the employee is expected to report to work regardless of whether it is their designated remote workday.
   • A full-time employee with an FWA shall not work other jobs, operate a business, or engage in other activities that would require the employee to take leave.
   • An employee in a non-exempt position may not work overtime (more than 40 hours in a workweek) without prior authorization from the employee’s manager. Please see Staff Handbook 5.3 (Overtime).
   • With the exception of remote work at a specifically approved location outside the local region as a requirement of the position, an employee who has an FWA that includes remote work is not eligible for reimbursement of travel or parking costs to and from campus when the employee is required to be onsite.
     
     If an employee is working at the University under a work visa, any conditions related to work location must be satisfied.
     
     Failure to comply with these requirements or failure to fulfill normal work requirements on account of non-position-related activities may be cause for disciplinary action, up to and including termination of employment. 
     
     
4. Work Locations Outside the State of Arkansas; Restrictions; Approvals
   
   Approval for remote work does not constitute approval to conduct work outside the State of Arkansas unless specifically included and authorized by all levels necessary in an FWA.
   
   Work conducted from a location outside the State of Arkansas involves tax and employment law considerations and may create cost and compliance-related issues for the University. Therefore, administrative fees may be charged to the hiring department for each employee approved for a work location outside the State of Arkansas.
   
   When employing a faculty member, staff member, or graduate assistant out of state for more than 30 calendar days, excluding university holidays, is required for the effective conduct of a unit’s operations, the unit shall provide written justification through a proposed FWA, which is then subject to the specified approval process in Workday and final approval of the Provost or Vice Chancellor.
   
   As part of the approval process for an FWA, if a work location is being considered outside the State of Arkansas, the employing department or unit must seek guidance regarding the potential hire/remote work location at least 30 days prior to the anticipated start date at the remote location from the Associate Vice Chancellor for Human Resources and/or Payroll Director..
   
   The above restrictions do not apply to ordinary business or vacation travel of less than 30 consecutive calendar days, excluding university holidays, or faculty who are on approved off campus duty assignments (OCDAs).
   
   An employee who regularly performs work for the University from a location outside the State of Arkansas without first obtaining approval as required by this policy is subject to disciplinary action, up to and including termination.   If an employee requests an FWA outside of the United States, additional Workday approvals will apply.
   
   
5. Taxes
   
   It is the responsibility of the employee to ensure the work location in Workday is updated according to the approved remote work agreement. Applicable income taxes will be withheld as required by the state (after registration in such a state is approved and obtained) which the employee has designated as the work location. Employees should consult a tax advisor with questions regarding tax implications of working remotely.
   
   
6. Property, Technology, Supplies, and Expenses
   
   If a remote work arrangement is a requirement of the position, the University will provide any basic computing equipment needed for the position (such as a laptop, or a desktop computer and monitor). For such positions, the department or unit may also consider reasonable requests for other types of standard equipment and supplies needed to perform job duties successfully.
   
   If a remote work arrangement is at the request of the employee, basic computing equipment must be provided by the University. Otherwise, the cost of standard equipment and supplies for the remote work arrangement are the responsibility of the employee.
   
   FWAs do not alter employees’ obligations under all University policies governing equipment assignment, use, and return, including that employees must maintain any equipment charged out to them and must return equipment in the same condition in which it was originally received, minus normal wear and tear. Employees are personally liable for lost, stolen, or damaged equipment. All lost or stolen equipment must be immediately reported to all those required under University policies.
   
   FWAs do not alter employees’ obligations under all University IT policies. In particular, equipment is required to satisfy minimum security standards established by University IT Services.
   
   The University will not be responsible for home maintenance, utilities, or any other operating or incidental costs associated with the use of the home as a remote-work location. The University assumes that most residences have internet service that is sufficient to support remote work, and such internet service will generally not be reimbursed.  The employee must maintain connection to the University’s network with sufficient bandwidth as necessary to perform the position’s duties.  As a general matter, the University expects that communications will occur via teams, zoom, or other apps provided to permit VOIP, chat, or other non-cellular communications.
   
   University resources (regardless of the source of funds) may not be used on any modifications, improvements/upgrades, fixtures, repairs, or installations to property that is not owned or rented by the University (including any personally owned property).  When remote work is a requirement of the position, the employee may request reimbursement for additional, authorized expenses specifically incurred in connection with the remote work, but not prohibited by this policy, in accordance with applicable policies.
   
   Materials, documents, etc., that the employee transports to and from the University work location to the remote work location or which are stored at the remote work location must be kept confidential and secure. The employee agrees to protect University records from unauthorized disclosure or damage and will comply with University policies and procedures regarding such matters.
   
   
7. Insurance and Liability Issues
   
   No in-person work meetings may be conducted at the regular remote work location unless specified by the position and approved by the manager.
   
   University property such as computers, printers, fax machines and other equipment furnished to an employee are the employee’s responsibility while they are not on University premises. It is the employee’s responsibility to make sure that the employee’s homeowners or renters insurance policies cover injuries, property damage, or loss arising out of or relating to business use of the home. Employees should note that some homeowners and some renter’s insurance policies do not automatically cover injuries or other claims arising out of, or relating to, the business use of the home. For the employee’s protection, employees should have their homeowners or renters’ liability policy endorsed to cover bodily injury and property damage or loss (including theft), to all third parties (which would include the University) arising out of or relating to the business use of their home. In addition, employees who live in rented property should be aware that their lease might not permit business use of the premises.
   
   The University will not be liable for damages to an employee’s personal or real property while the employee is working at the approved remote work location. The employee is responsible for maintaining his or her remote work location in a safe condition, free from hazards and other dangers to the employee and equipment. Should an employee use privately owned equipment, the employee shall be responsible for equipment repair and maintenance including cybersecurity measures.
   
   The University assumes no liability for injuries occurring in the employee’s remote workspace, other than injuries to the employee which meet the requirements for workers compensation coverage pursuant to Arkansas Code Ann. § 11-9-101 et seq. Compensability of workers compensation claims is determined by the Public Employee Claims Division of the Arkansas Insurance Department.
   
   
8. Violations
   Failure to comply with provisions of this policy may result in the termination of the FWA and/or disciplinary action, up to and including termination of employment in accordance with University policy.
   
   
9. Requesting a Flexible Work Arrangement; Documentation; Decision
   
   
   1. Posting a Position as Eligible for a Flexible Work Arrangement
      
      When a vacant position is posted, a unit may designate the position as eligible for a FWA or as required to be completed through an FWA, provided that the unit reviews similarly situated positions and makes a similar designation consistent with this policy and related guidance. Posting eligibility does not create a right or entitlement to flexible work. Documentation of the designation will be entered into Workday.
      
      
   2. Transitioning to a Flexible Work Arrangement
      
      To request an FWA, an employee should first discuss it with their manager. The employee then submits an FWA Request through Workday. The manager will review the request consistent with this policy and related guidance. Once the manager completes the review process, including having further discussions with the employee, the manager will follow the applicable process below.
      
      
   3. Approvals; Timeframe
      
      The Provost or relevant vice chancellor may delegate authority to respond to requests for a flexible work schedule (to an appropriate individual in the employee’s managerial chain, in consultation with Human Resources).
      
      Any proposed FWA for 50% or greater remote work, or for remote work outside the State of Arkansas, require review and approval of the Provost or relevant vice chancellor, whose decision is final and not subject to further review or appeal.
      
      The manager should make every effort to complete the review process and provide a response within 30 days of receiving the request. If the review process takes longer than 30 days, the manager should provide the employee with a projected timeframe for completion. These timelines do not apply to proposed arrangements involving out-of-state work.
      
      
   4. Documentation
      
      Any approved FWA is subject to all provisions of this policy and shall include standard provisions to be included in Workday.
      
      All documentation of an approved FWA, as well as any later revisions to the FWA, will be processed and maintained in Workday. Failure to process and document an approved flexible work request in Workday is a violation of this policy.

Revised July 1, 2025
Revised July 5, 2023
Revised May 20, 2021
This revision replaces Fayetteville Policies and Procedures 405.2, April 28, 2014
Reformatted for the Web November 11, 2014
Revised August 6, 2008