Wayne State University

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Policies and Procedures

APPM

3.4.7 Flexible Work Arrangements

Administrative Responsibility:   Associate Vice President and Chief Human Resources Officer

PURPOSE

To define authorized Flexible Work Arrangement (FWA) components and how they are administered by the University. The University reserves the right to modify or terminate this policy at any time. However, when possible, the University will provide notice of 30 (thirty) days to all employees.

SCOPE

This policy applies to all employees and supervisors involved in Flexible Work Arrangements, approvals, related policies, and procedures.

DEFINITIONS

Terms

Definitions

Supervisor

Employee's immediate supervisor of record.

Flexible Work Arrangements (FWA)

Work schedules and work locations that fall outside of a department's established schedule and location(s). See the FWA options listed in the Definitions below

Remote Work & Hybrid Work

Remote Work is working from home or other locations outside of the campus.  Hybrid Work is a combination of on-campus and off-campus remote working, usually based on a pre-approved schedule. The University reserves the right to specify a required minimum number of weekly on-campus work days. This number may vary based on position type and other criteria, including critical needs and peak academic and/or operational times. (Please refer to I and II under Eligibility for further details).    

Flex Time

Flexible work hours in which starting and ending times can vary by the day of the employee's choice with supervisor approval of the arrangement, but with noted core business hours of operation during which the employee must work.  Core hours are determined by the department leadership based on operational and academic needs. For example, core hours could be from 10 am to 3 pm Monday - Friday.  The employee will still work their regular number of total scheduled hours (full or part-time) per week plus any approved overtime.  Employees cannot utilize lunch periods and break time to meet their daily/weekly work hour requirements.

Alternative Schedule

A schedule adjustment allows the employee to change their start and end times, and this becomes their regular work schedule. This applies to full-time schedules of 37.5 hours (or 40 hours). Example: A schedule of 7:30 a.m. - 4:00 p.m. as opposed to 8:30 a.m. 5:00 p.m. (37.5 hours). Once agreed upon, the schedule remains consistent until an approved change is made. Employees cannot utilize lunch periods and break time to meet their daily/weekly work hour requirements.

Compressed Workweek

A 37.5-hour (or 40-hour) work week is compressed into fewer than five workdays, typically four days. This FWA type is usually offered for department-wide usage for specified periods (summer months, for example) but could be used by individuals as well.  If it is a department-wide initiative, individual employees may opt-out.  Compressed work weeks can be modified or canceled in whole or in part at management's discretion due to holidays or other operational and academic needs.  Employees cannot utilize lunch periods and break time to meet work day/week hour requirements. 

FWA Guidelines & General Information

Guidelines were established to provide further information and expectations for leadership and employees for establishing, approving, working with, and managing FWAs. FWA Guidelines and General Info.

FWA Decision Criteria Guide

Guide to assist managers in determining an employee's or a position's eligibility for an FWA and the type(s) of FWA that is appropriate.  Click here for Decision Criteria Guide.

Flexible Work Arrangement Request Form

Web-based form to be completed by the employee to request an FWA.  This form is submitted to and reviewed by the employee's supervisor.  The supervisor makes the decision to approve/deny, or modify the request.  Once complete, the form is submitted for electronic recordkeeping.

POLICY

The University reserves the right to establish work schedules and determine staffing resources based on the needs of individual departments; however, to provide flexibility to balance an employee's professional and personal work needs, the University allows a Flexible Work Arrangement (FWA) program.  FWAs are subject to management's approval. Management also has the authority to modify the manner and/or timing of how/when job duties are performed to accommodate an employee's FWA request, subject to compliance with any applicable collective bargaining agreement (CBA) and university policies, so that employees may have the opportunity for an FWA, even if on a periodic basis.

ELIGIBILITY

This policy applies to full-time and fractional-time university employees, including non-faculty academic staff.

It is within management's sole discretion to determine if a job is eligible for an FWA.  Not all positions may be eligible to participate due to the nature of the positions requiring specific work locations and schedules (e.g., critical infrastructure workers). All academic staff classifications are eligible to be considered for an FWA. Under normal circumstances, instructional employees and those with teaching responsibilities will not be eligible for an FWA. Individuals on probation, with corrective action, a performance improvement plan, or with less than satisfactory job performance may not be eligible for an FWA. Employees who have questions about FWAs or who may need special considerations should first contact their supervisor and then their Human Resources Consultant, if still needed, to discuss their needs. 

  1. A maximum of 2 (two) remote days per week will be allowed for positions whose work can be performed remotely. 
  1. Additional on-campus work may be required during critical or peak times of the year or to participate in meetings, activities, and events.  Department supervisors will determine those times and communicate such needs to staff, when possible, at least 10 (ten) days in advance of such scheduling changes. Employees may also be required to work in-person, on-campus, if requested by the supervisor, on a day(s) that is normally to be a remote workday.  In such cases, a "replacement" remote workday(s) may be requested, but it is not required to be provided by the University.  Employees will not be reimbursed for mileage if required to come to work on the campus on a normal remote workday. (This section was moved from Section XIV)
  1. Supervisors may authorize an FWA, which may be outside of the normal guidelines, based on differences in positions, roles, employee class, or for temporary extenuating circumstances, as needed. This will be done on an individual basis and is dependent on the employee's request and the academic and/or operational needs of the unit.  Such requests also require at least 10 (ten) working days' notice and the approval of the Dean, AVP, or VP.  Should the request be denied, the supervisor will provide the reason to the employee. Shorter or longer notice periods may be appropriate depending on the needs of the department and employees.
  1. FWAs may be discontinued or modified by the supervisor based on the changing academic and/or operational needs of the department and/or at the employee's request.  Such changes should be reviewed by the Dean/AVP/VP. FWAs can also be discontinued or modified if the University changes or terminates its FWA program.
  1. Decisions to approve or deny FWA requests must be based on clear, academic and/or operational, and non-discriminatory reasons.
  1. Employees must complete the FWA Request Form and submit it to their supervisor for review and approval.
  1. An FWA can include a combination of flexible days, flex time, and other alternate schedules with the supervisor's approval. 
  1.  Flexible Work Arrangement Duration - FWAs will be approved for a maximum of 1 (one) year based on the academic year (August 1 July 31) and are not guaranteed to be renewed or extended longer than the period originally approved.  Approved FWAs can be renewed by employees submitting a new FWA Request via the  FWA Request Form within sixty (60) days, if possible, of their current FWAs expiration.  Supervisors will communicate the decision to renew or not renew to the employee within a reasonable time prior to the expiration of their current FWA.
  1. Employees can request changes to an existing FWA by completing an FWA Request Form and submitting it to their supervisor within 2 (two) weeks of the desired change start date.  
  1. In cases of transfers and promotions, FWAs may be modified, reviewed, and approved by the supervisor based on the employee's new role, classification level, performance, and job/unit expectations.
  1. FWA requests should not be treated the same as an occasional need and request for flexibility, which a supervisor can consider/approve on a case-by-case basis. Documentation of these types of requests is also recommended to prevent confusion on the terms and/or duration of the FWA.
  1. Employees are expected to comply with all University policies, procedures, and collective bargaining agreements at all times, regardless of the status of an FWA.
  1. Employees are required to inform their supervisor if their designated remote work location changes to a location other than originally approved. Employees are not permitted to change remote work locations to a state outside of Michigan or a country outside of the United States without first informing and obtaining approval from their supervisor and Human Resources.
  1. The employee is required to maintain any equipment provided by the University for remote work in compliance with the University's Acceptable Use Policy.  Any hardware or software purchased by the University remains the property of the University and must be returned to the university upon request.  Employees will be required to report timely any damage to university equipment.  The employee may be responsible for any damage, loss, or theft of university-owned equipment or property arising from the employee's negligence. Please refer to Enterprise Risk Management and Insurance Programs for additional details.
  1. Employees will perform work only on University networks with University software.  Employees will only access University networks through secure VPN access software.
  1. Performance expectations of employees with an FWA remain the same, regardless of the employee's type of work schedule or location.  Likewise, supervisors continue to be responsible for managing and supporting an employee's success.
  1. Employees on FWAs must comply with university policies, standard workplace practices, and any requirements of their supervisor, including information technology security and data policies, attendance standards, time reporting methods, etc.  Employees in an overtime-eligible position are required to adhere to all attendance and time reporting requirements, including receiving approval to work overtime. Working unapproved overtime may result in disciplinary action.
  1. Dependent Care - Remote working cannot be used as an alternative method to provide dependent care.  Employees should not have dependent care responsibilities during work hours.
  1. The employee will incur all costs associated with a remote work FWA including, but not limited to, travel, lodging and meals, internet connectivity, mobile devices, and computer equipment, if not provided by the University.  Some remote work expenses may be reimbursable per the APPM Policy 1.3.1, Expense Guidelines. Employees working remotely will not be eligible for mileage reimbursement if required to travel to campus on a day when they are scheduled to work remotely.
  1. The University will provide computers and related equipment for a single workstation.  The University will not be able to provide employees with duplicate equipment for remote work.
  1. Employees agree to maintain, for the purposes of Worker's Compensation liability, the hours and location of work stated in the FWA Request Form agreement. The supervisor must be notified timely if there is a change.  Employees also agree to maintain a reasonably safe remote work environment, free from known hazards that could cause an occupational injury/illness. Any work-related injuries or safety issues experienced when working remotely must be reported timely following the reporting guidelines outlined in the Enterprise Risk Management and Insurance Programs.
  1. The FWA program will be assessed for its effectiveness by Human Resources and Executive Leadership on an annual basis.  Decisions to modify, continue or cancel the FWA program will be made by the University based on this assessment. If the University elects to modify or terminate the Flexible Work Arrangements Policy, the University agrees that AAUP-AFT may engage in impact bargaining as to its applicability to its membership.
  1. Neither this policy nor any formalized flexible work arrangement can override, supersede, or violate any University policy, collective bargaining agreement, or local, state, or federal law. 

Please note:

Nothing herein shall restrict or otherwise interfere with an employee's rights under the Family Medical Leave Act (FMLA) or the Americans with Disability Act (ADA).  These policies do not apply to an employee's request for leave under the FMLA or a request for a reasonable accommodation for a disability under the ADA.  Requests for FMLA leave must be made through FMLA Source.  Requests for reasonable accommodation for a disability under the ADA must be made through the Office of Equal Opportunity (OEO).

Employees must have employment authorization for each proposed work location.  For individuals who are on an Immigration status (e.g. H-1B, TN, E-3, or J-1 status-holders), a change or addition of employment location (including permission to work remotely) may result in the need to update the individual's immigration record or the filing of an amendment petition with United States Citizenship and Immigration Services (USCIS).  If this applies, don't hesitate to get in touch with the Office of International Students and Scholars (OISS) for further information.

PROCEDURE

For an FWA Request, Decision, and Escalation

Responsibility

Actions

Employee and Supervisor
  1. Review the FWA Policy, FWA Guidelines and General Information and FWA Request Form

Employee
  1. Completes and submits the Flexible Work Arrangement Request (FWA) Form to their supervisor for consideration. 

Supervisor & Employee
  1. Together, discuss the details and reason for the FWA request.

Supervisor
  1. Reviews and approves or denies the FWA Request. This decision should be made within a reasonable period of time: Ten (10) workdays in a reasonable timeframe.  Reference the FWA Guidelines and General Information for additional considerations.

Supervisor

  1. Communicates to the employee their decision to approve or deny the FWA request and the rationale for if the request is modified or denied.

Supervisor
  1. The Supervisor ensures the FWA Request form is completed and submitted.

Employee, Human Resources, Supervisor, 2nd Level Manager, Provost*
  1. Escalation of employee concerns if FWA request is not approved:

If an employee cannot reach an agreement with the supervisor, the employee will contact their HR Consultant to discuss the nature of the concern.  HR Consultant will discuss the employee's concern with the supervisor and seek to facilitate a resolution. If a resolution is not achieved, the employee may request that the HR Consultant elevate the concern for a resolution to the 2nd level manager.  The 2nd level manager will review the concern and make their determination on the request, and the decision will be final. Human Resources' role is not as a decision maker in the process but to advise and facilitate a potential solution.

For AAUP-AFT Local 6075 represented staff:

If an FWA request is not approved or an approved FWA is removed by the supervisor, the employee may appeal the decision within ten working days to one level above their supervisor.  In most cases, this will be to the dean/vice president or their designee.  The dean/vice president's decision is final.  Should the dean/vice president deny the request, the reason for denial will be provided to the employee If the dean/vice president is the immediate supervisor, the request to reconsider is made by the Provost or their designee. The Provost's decision is final.

 

APPENDICES/RELATED UNIVERSITY/BOARD POLICIES
N/A

EFFECTIVE DATE:  March 1, 2023, August 1, 2022

REVISED DATE:   February 20, 2023

REVIEWED DATE: February 21, 2023

NEXT REVIEW BY DATE: February 21, 2026

SUPERSEDES POLICY: August 1, 2022

HISTORICAL DATA:   This policy originated on December 14, 2014