3.52 / Flexible Work Arrangements, Including Remote Work

Approval Required

Approval of a Flexible Work Arrangement is at the sole discretion of the University, and no Flexible Work Arrangement shall be effective unless all required reviews and approvals are obtained in accordance with this policy.

Feasibility

Flexible Work Arrangements may be considered by Authorized Leaders and approved pursuant to this Policy, so long as the proposed Flexible Work Arrangement can be provided without sacrificing the performance and productivity of the Employee and the respective department or division as a whole.

Flexible Work is a Privilege

A Flexible Work Arrangement is a privilege and not all Employees or positions are eligible or suitable for a Flexible Work Arrangement. Approval of a Flexible Work Arrangement is not a contract for employment or a contract for the Flexible Work Arrangement. Approval of a Flexible Work Arrangement does not provide any contractual rights or guarantee to continued employment or a continued Flexible Work Arrangement. The University may revoke approval of a Flexible Work Arrangement at any time.

Compliance with Policies and Applicable Laws

1. Employees approved for a Flexible Work Arrangement will continue to be subject to all applicable Kansas Board of Regents (KBOR) policies and procedures; University policies, procedures, and rules; and all governing state and federal laws.
2. Employees who are expected to handle export-controlled information must comply with Policy 9.21 / Compliance with Federal Export Regulations and must have their remote work area reviewed by export control and/or IDP IT to ensure compliance with export law and NIST 800-171.
3. Employees who are expected to handle information that is covered by the Health Insurance Portability and Accountability Act (HIPAA), or information that is identified as restricted or controlled under any federal or state law or contract, must comply with Policy 20.17 / Protected Health Information and shall have their remote work area reviewed by the University Privacy Officer.

Review, Modification, and Termination

1. Flexible Work Arrangements must be reviewed by the Employee's Authorized Leader(s) on an annual basis, if not more frequently, to confirm that the approved Flexible Work Arrangement continues to be beneficial for both the University and the Employee, and to ensure that the Flexible Work Arrangement remains compliant with University policies and procedures.
2. Modification or Termination of a Flexible Work Arrangement is at the sole discretion of the University. Any substantial modification to an approved Flexible Work Arrangement, including an extension or change in an Alternate Work Location, must go through the review and approval process that was required for the original request. Employees must notify the University Payroll Office of any changes to an approved Alternate Work Location.

Types of Flexible Work Arrangements

Flexible Work Arrangements may include, but are not limited to the following:

1. Compressed Work Week

   1. A compressed work week is a Flexible Work Arrangement that enables employees to work the same number of hours that they were regularly scheduled to work, except such work shall be performed over fewer days within the same work week (Sunday through Saturday).
   2. For illustration only, below are examples of potential compressed work week schedules:
      1. A 4-day workweek, with ten-hour days.
      2. A 4.5-day workweek, with four 9-hour days and one 4-hour day.

2. Flextime

   1. Flextime is a Flexible Work Arrangement that permits Employees to alter their workday start and finish times while still working the same number of regularly scheduled hours per day.
   2. For illustration only, below are examples of potential flextime schedules:
      1. Continuous Flex - A continuous shift in an Employee's daily start and finish times, such as working from 9:00 am to 6:00 pm each day, instead of 8:00 am to 5:00 pm each day.
      2. Seasonal Flex - A shift in an Employee's daily start and finish times during specified seasonal months.
      3. Day Flex - A shift in an Employee's start and finish times on a particular day of the week, such as Thursdays.
      4. Core Hours Flex - An established period of time during which an Employee must work, with the flexibility to choose start and finish times. For example, if core hours are from 9:00 am to 2:00 pm, an Employee may start as early as 7:00 am or leave as late as 6:00 pm, so long as they are working during the core hours and complete their regularly scheduled hours per day.

3. Job Sharing

   1. Job sharing is a Flexible Work Arrangement in which two Employees share the hours and duties of a job that is normally performed by one Full-Time Employee.
   2. For illustration only, below are examples of job sharing:
      1. Island Model/Job Split - Two Employees share one position, but each Employee is responsible for certain tasks, specializing in different areas. Tasks are independent of one another.
      2. Twin Model - Two Employees share one position and the workload is shared. This could be split day (i.e., one works mornings, other works afternoons) or split week (i.e., one works Mon/Tues, other works Thurs/Friday and both work on Wednesday).

4. Reduced Work Time

   1. Reducing the number of hours worked per week is a Flexible Work Arrangement where full-time Employees are permitted to work less than 40 hours per week on a regular and continuous basis. To become effective, this arrangement requires the submission of appropriate paperwork to Human Resources.
   2. A Flexible Work Arrangement that includes a reduction in the number of hours worked per week may result in a reduction in the Employee's compensation, depending on the Employee's classification and circumstances of the arrangement.
   3. For illustration only, below are examples of reduced work time:
      1. Reduced Full-Time — An Employee consistently works less than 40 hours per week but greater than 30 hours per week.
      2. Reduced to Part-Time — An Employee consistently works less than 30 hours per week.

5. Remote Work

   1. Working remotely is a Flexible Work Arrangement where an Employee is permitted to work from an Alternate Work Location for all or part of an Employee's Regular Work Schedule.
   2. Remote Work does not include isolated, occasional, or periodic attendance of work-related conferences, trainings, or events except as set forth below.
   3. A Remote Work arrangement fits into one of the categories below:
      1. Temporary Remote Work - Working from an Alternate Work Location for a defined time that is 21 consecutive days or less. If a question exists about the potential effectiveness of Remote Work, an Authorized Leader may consider authorizing Remote Work on a temporary basis with regular and scheduled reviews to determine within those 21 days if Occasional or Regular Remote Work is an option.
      2. Occasional Remote Work - Working from an Alternate Work Location on an infrequent basis that is not consecutive days and/or is 21 days or less.
      3. Regular Remote Work - Working from an Alternate Work Location on a continuous and regularly scheduled basis for more than 21 consecutive days.
      4. International Remote Work - Working from an Alternate Work Location that is outside of the United States for a period of more than 21 consecutive days. Employees must consult Policy 13.20 / Out-of-State and International Travel for any work performed internationally for 21 consecutive days or less, including attendance at conferences, trainings, events, or working during personal travel.

Workplace Accommodations.

Requests for workplace accommodation for medical conditions, disabilities, and religious beliefs or practices are beyond the scope of this policy. Employees seeking information about workplace accommodations should visit the Workplace Accommodations for Employees webpage.

Benefits.

The approval of a Flexible Work Arrangement may affect an Employee's eligibility for benefits, cost of benefit premiums, and the amount of vacation and sick leave accrued per pay period. Employees should determine if any such effects are acceptable prior to requesting a Flexible Work Arrangement.

1. Alternate Work Location: A location that is not an Employee's Assigned Work Site, where the Employee will be performing their work on a temporary, occasional, or regular basis.
2. Authorized Leader(s): A Leader who is authorized by their department, division, or unit to approve a Flexible Work Arrangement.
3. Assigned Work Site: The location where an Employee is assigned to perform his or her work at the time of hiring. The Assigned Work Site is typically a location owned, operated, managed, leased or controlled by the University and is in the State of Kansas, and does not include an Alternate Work Location. For Employees working pursuant to a H1B/VISA, the Assigned Work Site is the worksite approved on the H1B/VISA.
4. Controlled Affiliated Organizations: Wichita State University Intercollegiate Athletic Association, Inc., Wichita State University Union Corporation, Wichita State University Innovation Alliance, Inc., and WSIA Investments Corporation.
5. Employee: An individual who provides services to the University on a regular basis in exchange for compensation and receives a W-2 for such services. This includes temporary and part-time Employees.
6. Flexible Work Arrangement: A work arrangement that varies from an Employee's Regular Work Schedule or Assigned Work Site.
7. Full-Time: Consistently working 30 hours or more per week (.75 - 1.0 Full-Time Equivalent).
8. Leader: An Employee of the University that is designated with the authority to directly or indirectly supervise one or more Employees.
9. Part-Time: Consistently working less than 30 hours per week (less than .75 Full Time Equivalent).
10. Regular Work Schedule: An Employee's regular weekly work schedule as approved by the Employee's Leader, including the number of hours worked, start and finish times, and days of the week worked. An Employee's Regular Work Schedule is normally in place at the time of hiring, and depends on the type of position held, the type of work performed, the volume of work, and the needs of the department or division in which an Employee works.
11. Senior Leader(ship): The President, Vice President, General Counsel, Dean, or Center or Institute Director, and any person with written delegated authority from a Senior Leader.
12. University: Wichita State University and Controlled Affiliated Organizations.

Consultation with Human Resources and Senior Leadership

1. Due to the complexity and risks associated with some Flexible Work Arrangements, the applicable approval process for each request is very case specific and may involve more than one of the approval processes set forth below. For questions about Flexible Work Arrangements, including which approval process must be followed, Authorized Leaders should consult with their assigned Human Resources Business Partner (HRBP) and Senior Leadership.

Approval Process for Flexible Work Arrangements Other than Remote Work

1. Employee requests for Flexible Work Arrangements other than Remote Work must be submitted in writing to the Employee's Authorized Leader(s). Leaders are encouraged to use, and may require Employees to submit their request on, the Flexible Work Arrangement Documentation form.
2. For less complex Flexible Work Arrangements that change an Employee's Regular Work Schedule on an irregular, occasional, or isolated basis or are in response to periodic work-load demands, the Employee's Authorized Leader(s) may approve the Flexible Work Arrangement without further approval of Senior Leadership. Authorized Leaders should, however, consult with their next level Leader and assigned HRBP prior to approving these less complex requests to determine what impacts the Flexible Work Arrangement may have on the Employee's performance, the department, or other Employees.
3. For more complex Flexible Work Arrangements that change the Employee's Regular Work Schedule on a regular or continual basis, the Employee's Authorized Leader(s) must consult with their assigned HRBP to determine the feasibility and consequences of the proposed Flexible Work Arrangement, and obtain the approval of Senior Leadership.
4. If, after consulting with their assigned HRBP and obtaining Senior Leadership approval, the Employee's Authorized Leader(s) finds that the Flexible Work Arrangement is feasible and can be carried out without sacrificing the performance and productivity of the Employees and the respective department or division as a whole, the Authorized Leader may approve a Flexible Work Arrangement that changes the Employee's Regular Work Schedule on a regular or continual basis.
5. Authorized Leaders will notify the Employee and the assigned HRBP in writing whether the Flexible Work Arrangement has been approved or denied, and if approved, must review the details and expectations of the new Flexible Work Arrangement with the Employee. This documentation will be retained in the Employee's personnel file.
6. Authorized Leaders shall notify the University Payroll Office about any approved Flexible Work Arrangements that affect the Employee's Regular Work Schedule on a regular or continual basis before the end of the first pay period in which the Flexible Work Arrangement begins, and determine whether any additional payroll processes are required for the new Flexible Work Arrangement. This Flexible Work Arrangement may require paperwork to be submitted to Human Resources to effectuate this change in hours and pay.

Approval Processes for Remote Work Requests

1. Remote Work Performed within Kansas, Occasional Remote Work, or Temporary Remote Work. The following approval process is required for requests to work remotely from an Alternate Work Location that is within the State of Kansas, or that is in another state within the United States but is deemed Occasional or Temporary Remote Work (as described above):
   1. Requests must be approved by an Employee's Authorized Leader(s). The Requests may be made verbally or in writing, and Leaders are encouraged to use, and may require Employees to submit their request on, the Flexible Work Arrangement Documentation form.
   2. If the Employee's Authorized Leader(s) finds that the Flexible Work Arrangement is feasible and can be carried out without sacrificing the performance and productivity of the Employee and the respective department or division as a whole, the Authorized Leader may approve the Flexible Work Arrangement, without further approval of Senior Leadership.
   3. Leaders will notify the Employee and the assigned HRPB in writing whether the Flexible Work Arrangement has been approved or denied, and if approved, must review the details and expectations of the Flexible Work Arrangement with the Employee. This documentation will be retained in the Employee's personnel file.
   4. Remote Work that involves interstate travel may also be subject to the requirements of Policy 13.20 / Out-of-State and International Travel.
2. Regular Out-of-State Remote Work or Work VISA. The following approval process is required for requests for Regular Remote Work (as described above) that is outside of the State of Kansas but within the United States, and for requests made by Employees working pursuant to a work VISA to work from an Alternate Work Location:
   1. Requests must first be submitted to the Employee's Authorized Leader. If the Employee's Authorized Leader(s) is willing to consider the request for Remote Work, an online Remote Work Request Form must be submitted by the Employee or the Leader for review by the General Counsel Office.
   2. The General Counsel Office will prepare a risk assessment and send it to the appropriate Leader and their assigned HRBP to discuss any risks or administrative matters, and to determine whether any further approvals by Senior Leadership are necessary.
   3. If, after meeting with their assigned HRBP and obtaining any further necessary Senior Leadership approvals, the Employee's Authorized Leader(s) finds that Remote Work is feasible and can be carried out without sacrificing the performance and productivity of the Employee, or the respective department or division as a whole, the Authorized Leader(s) may approve the Remote Work.
   4. Leaders will notify the Employee and the assigned HRBP in writing whether the Remote Work request has been approved or denied, and if approved, must review the details and expectations of the new Flexible Work Arrangement with the Employee. This documentation will be retained in the Employee's personnel file.
   5. Leaders shall notify the University Payroll Office about any Remote Work that involves working outside of the State of Kansas before the end of the first pay period in which the Remote Work is scheduled to begin so that any tax or other withholding requirements can be adjusted.
   6. Flexible Work Arrangements that involve working remotely from an Alternate Work Location that is outside of the State of Kansas must be renewed on a yearly basis, even if the arrangement was initially approved for longer than a year or indefinitely. Requests to renew a Remote Work arrangement must be submitted on a new Remote Work Request Form 60 days prior to the one-year anniversary from the start of the Remote Work arrangement.
   7. Remote Work that involves interstate travel may also be subject to the requirements of Policy 13.20 / Out-of-State and International Travel.
3. International Remote Work. The following approval process is required for requests for International Remote Work (as described above):
   1. Requests for International Remote Work raise unique administrative and legal issues, requiring in-depth risk assessments in accordance with KBOR and University policies and procedures.
   2. Due to heightened security risks and the complexity of labor and immigration laws, International Remote Work will only be approved in extraordinary circumstances. Use of University assets and access to University systems may be restricted for all or part International Remote Work or International Travel.
   3. These requests require initial approval of an Employee's Authorized Leader(s), a risk assessment conducted by the General Counsel Office, and final approval from Senior Leadership.
   4. If the Employee's Authorized Leader(s) approves of the requested International Remote Work, the online Remote Work Request Form shall be submitted by the Employee or Leader for review by the General Counsel Office and Senior Leadership.
   5. The Employee, Leader, and assigned HRBP will be notified by Senior Leadership of whether their requested International Remote Work has been approved or denied.
   6. If the request for International Remote Work is approved by Senior Leadership, the Employee and the Employee's Authorized Leader(s) must meet with their HRBP and Senior Leadership to plan and address all matters related to the Flexible Work Arrangement, including administrative matters, security risks, and legal requirements, such as compliance with labor and immigration laws and export control laws.
   7. Requests to work remotely from an Alternate Work Location that is outside of the United States for 21 consecutive days or less, including attendance at conferences, trainings, events, or work performed during personal travel, are not subject to approval under this policy, but instead must comply with the requirements for international travel under Policy 13.20 / Out-of-State and International Travel.

Documentation of the Flexible Work Arrangement

Leaders must maintain documentation of Flexible Work Arrangements in the department or division and forward documentation to Human Resources to be placed in the Employee's personnel file. Documentation should include at a minimum the necessary approvals obtained, any denials, and the expectations for the new Flexible Work Arrangement, such as weekly schedule, number of hours, any new or additional time keeping requirements, work location, and any equipment or security requirements. Leaders are encouraged to use the Flexible Work Arrangement Documentation form for this purpose. A suggested list of information for documentation is provided under the "Approval for Flexible Work Arrangements" drop down tab, on the Flexible Work Arrangement webpage.

Additional Guidance and Resources

Additional guidance and resources for Flexible Work Arrangements, including benefits and considerations for evaluating the feasibility of a Flexible Work Arrangement, can be found on the Flexible Work Arrangement webpage, and on the Remote Work Guidance webpage.