Added: September 20, 2023

Sandhills Community College provides flexible working arrangements for employees when it is mutually beneficial to both the college and the employee. The procedure defines flexible working arrangements, indicates the requirements for formal Flexible Work Agreements and outlines the responsibilities of both teleworkers and the college. This policy does not include requests to telework as an accommodation for a disability. Employees requesting a flexible working arrangement due to a disability should be directed to Human Resources to discuss potential workplace accommodations in accordance with the Americans with Disabilities Act.

Flexible work arrangements, in all cases, are at the discretion of the supervisor. Due to the varying nature of job descriptions and responsibilities, flexible work arrangements will not be available to all employees. Moreover, all employees, regardless of flexible work schedule or working location, are expected to fulfill the duties of their job description and are expected to work their current number of total hours per week.

The Flexible Work Arrangement procedure is administered by the Senior Human Resources Director or, in the case of staff members whose normal work assignment warrants regular work at an alternate off-campus location or a flexible working schedule, by the Chief Operating Officer or designee. The Flexible Working Agreement is coordinated through the supervisor of the teleworking employee.

All Flexible Work Agreements must be approved by the supervisor, senior leadership, and/or the appropriate vice president following consultation with Information Technology to ensure data security and other information technology items are addressed. The Flexible Work Agreement must then be sent to the Human Resources Director for final verification and placement in the employee's personnel file. Permanent work locations outside of the state of North Carolina or the United States will not be accommodated. The signed original copy of the Flexible Work Agreement will be retained by Human Resources in the employee's personnel file and copies should also be retained by the employee and the employee's supervisor.

Approval of the Flexible Working Agreement and Alternate Work Location Safety
Attestation must be complete before the employee begins teleworking/flexible work hours.

Voluntary Flexible Work Agreements may be discontinued, without cause, at any time, at the request of either the teleworker or the college. When practicable, either the college or teleworker should provide a two-week notice of termination of the Flexible Work Agreement. However, when telework is an expected condition of employment, the Flexible Work Agreement may only be discontinued at the option of the college.

Once an employee has been informed that this policy has ended, the employee will be required to returned to their assigned workspace on campus. An employee who refuses to comply with the termination or modification of a flexible working agreement will be subject to disciplinary action pursuant to the disciplinary policy.

Performance issues, such as decreases in productivity or behaviors that detract value from the college may result in the loss of teleworking status and/or may result in disciplinary action up to and including termination.

GENERAL CONDITIONS OF FLEXIBLE WORK AGREEMENTS

1. Conditions of Employment.
   The teleworker's conditions of employment shall remain the same as for nonteleworking employees; wages, benefits and leave accrual will remain unchanged unless there is a change in employment status or scheduled hours that impacts benefit eligibility. In addition, all college policies, rules and procedures 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, information resource management, purchasing of property and services, and safety. The employees are expected to perform their job duties as if on campus. Failure to follow policy, rules and procedures may result in termination of the telework arrangement and/or disciplinary action, up to and including termination.
   
   The current ten (10) off-campus hours afforded to faculty is considered to be a flexible work arrangement. Hence, the procedures herein do not apply to SCC faculty.
   
   
2. Types of Flexible Work Arrangements
   1. Flexible Work Schedules
      Upon request, supervisors may approve flexible work schedules, which are recurring or regular adjustments to the employee’s schedule. Such revised schedules must align with operational needs of the position and the unit and allow for appropriate oversight of employee work assignments. Managers must ensure that they can provide adequate supervision for work that is performed outside of the unit’s standard work schedule.
   2. Flexible Work Locations/Teleworking
      Supervisors have the discretion to approve a request for a short-term (365 calendar days or less in duration) flexible work location if the supervisor determines that the operational needs of the department can be met and that they will be able to provide appropriate supervision of the employee’s work, in addition to considering all other factors and requirements outlined in this policy and in procedures. This work arrangement shall be limited to one (1) day per week from an alternate/off-campus location.
   3. Hybrid Work Schedules
      Employees hired into a hybrid position may be allowed additional alternate/offcampus working arrangements, pursuant to their job description and approval from their supervisor.
      
      
3. Covered Employees & Eligibility
   All full-time and part-time permanent, probationary, temporary and time-limited employees may be eligible to participate in this program if the employee’s work is deemed by the college as suitable for a flexible working arrangement and the arrangement is to the benefit of SCC.
   
   Flexible working arrangements must be approved by the employee’s supervisor, vice president and a flexible working agreement must be signed prior to first day of the arrangement.
   
   Generally, the following conditions must be met to approve an employee for flexible working arrangements:
   1. The employee has been employed at SCC for at least 6 months;
   2. The employee has no active disciplinary actions on file for the last 6 months, and
   3. The employee has a demonstrated ability to work productively on their own.
   4. Evidentiary proof that the employee resides in the State of North Carolina for the duration of the agreement. This policy may be rescinded or not permitted if any of the following occurs:
      1. The employee has an active disciplinary action related to unacceptable personal conduct, unsatisfactory job performance or grossly inefficient job performance;
      2. The employee has received a performance rating of “does not meet expectations” on any goal or value on their most recent performance evaluation;
      3. The employee is unable to consistently demonstrate the ability to complete tasks and assignments on a timely basis;
      4. The employee receives disciplinary action or their performance decreases while already participating in a teleworking program; or
      5. If the college requires a period of onsite work for new appointments or probationary employees prior to approving teleworking.
         
         
4. Expectations and Conditions
   The following are the expectations and conditions of participants utilizing flexible working arrangements:
   1. Compensation and Benefits: An employee’s compensation and benefits will not change when they telework.
   2. The employee shall notify their supervisor of the location/address of the alternate work location. Furthermore, the employee shall provide written notice to their supervisor and be re-approved prior to any change in location or condition of the alternate work location.
   3. The employee shall be responsible for bringing their work equipment (laptop, cellphone, etc.) at least bi-annually into ITS to receive network and technology updates on their device.
   4. The employee shall follow usual college procedures for immediate reporting of work-related illness or injury occurring at the alternate work location.
   5. The total number of hours that employees are expected to work will not change, regardless of work location. All hours worked by employees are subject to the Fair Labor Standards Act and are compensable. The working of overtime and/or accrual of compensatory time is subject to the same policies and approvals as are in place on campus.
   6. It is expected that the Teleworker shall continue to make arrangements for dependent care to the same extent as if the Teleworker was working onsite.
   7. Adherence to all leave policies and procedures for use and approval is expected.
   8. Requests to use sick, vacation and other leave during a designated telework day is subject to the same practice, approvals and policies on campus. The accrual of leave is also subject to the same policies as are in place for employees who do not telework.
   9. Employees working remotely may not charge mileage for travel between their offsite work location and their on-site work location.
   10. The availability and terms of this policy must be administered equitably based on applicable factors and without regard to an employee’s age, color, gender, gender expression, gender identity, genetic information, national origin, race, religion, sex, sexual orientation, or veteran status, and must be mindful of overall equity for similarly situated individuals within the department/division.
   11. All signed flexible working agreements must be submitted to Human Resources prior to the first day of the flexible working arrangement. Any updates or changes must also be submitted to Human Resources. The discontinuation of this policy is not grievable and therefore is not subject to the SCC grievance procedures.
       
       
5. Hours of Work. The Flexible Working Agreement shall specify the regularly scheduled work hours agreed upon by the teleworker and their supervisor. The amount of time the teleworking employee is expected to work shall remain the same as for oncampus work, unless specified otherwise in the Flexible Work Agreement. A teleworking employee must be available during scheduled work hours by phone, e-mail or other specified methods of communication with their supervisor, co-workers, other college employees and others outside the college with whom job-related communication is necessary.
   
   As required by the Flexible Working Agreement or upon at least 24 hours' notice by the employee's supervisor, the teleworker may be required to attend job-related meetings, training sessions and conferences on campus. In addition, the teleworker may be requested to attend meetings called with notice of less than 24 hours. The supervisor will use electronic means of communication whenever possible as an alternative to requesting attendance at such "short-notice" meetings, but there may be times when the employee's physical presence is deemed essential. In such cases the supervisor must provide sufficient notice to allow the employee a reasonable time to travel to campus to participate in the meeting.
   
   
6. Fair Labor Standards Act. Teleworking employees who are not exempt from the overtime requirements of the Fair Labor Standards Act (FLSA) will be required to record all hours worked in a manner designated by the college. Teleworking employees will be held to the same standard of compliance as campus-based employees. The agreed upon work schedule shall comply with FLSA regulations. For non-exempt employees, hours in excess of the regular work schedule must be pre- approved by the supervisor. Failure to comply with this requirement can result in the immediate termination of the Flexible Work Agreement.
   
   
7. Emergency Disruptions and Inclement Weather. If the primary worksite is closed due to an emergency or inclement weather, please refer College notifications related to the emergency or weather event and attempt to adhere to that event notification. If there is an emergency at the telework site, such as a power outage, the teleworker will notify the supervisor as soon as possible. The teleworker may be reassigned to the primary worksite or an alternate worksite in such cases or be required to take leave.
   
8. Alternate Work Site. The teleworker must establish and maintain a dedicated workspace that is quiet, clean, and safe, with adequate lighting and ventilation and must confirm in writing via the Alternate Work Location Safety Attestation, at least annually, that the work location is free of recognized hazards. The teleworker will not hold business visits or meetings with professional colleagues, students, or the public at the alternate worksite. The college reserves the right to visit the alternate work site as long as 24-hour notice is provided. The teleworking employee agrees to adhere to any zoning regulations applicable to the designated alternate work site. The college is not responsible for any zoning violations resulting from establishment of the alternate work site.
   
   
9. Inspections. If a telework employee is injured in his/her work space, the employee will immediately alert his/her supervisor or Human Resources no later than the end of the next business day. The college is not responsible for any injury at the alternate work location other than that of the telework employee. In case of injury, theft, loss, or tort liability related to telework at the alternate work site, the teleworker must allow agents of the college to investigate and/or inspect the telework site.
   
   
10. Equipment. Furniture and equipment, including computer workstations, shall generally be provided by the teleworker. In the event that equipment and software is provided by the college at the telework site, such equipment and software shall be used exclusively by the teleworker and only for the purposes of conducting college business. The teleworker must keep a written list of all college property brought to the alternate work location. Software shall not be duplicated.
    
    If the college provides equipment, the teleworker is responsible for safe transportation and set-up of such equipment. In addition, before removing any equipment from the college campus the teleworker must acknowledge a list of fixed assets in their possession that belong to SCC when completing the Flexible Working agreement.
    
    
11. Equipment Liability. The college will repair and maintain any equipment owned by the college. The teleworker is responsible for safely transporting such equipment to campus for repair or maintenance unless movement of the equipment is likely to result in damage. Surge protectors or other protective devices must be used with any college computer made available to the teleworker, and all current virus protections and security measures recommended by Information Technology Services must be installed and operating.
    
    The college may pursue recovery from the teleworker for college property that is deliberately, or through negligence, damaged, destroyed, lost or stolen while in the teleworker's care, custody or control. The college does not assume liability for loss, damage, wear of employee-owned equipment, or theft.
    
    
12. Data Security & Confidentiality. Security and confidentiality shall be maintained by the teleworker at the same level as expected at all worksites. Confidential and sensitive data should not be saved on the local computer. Restricted access or confidential material shall not be taken out of the primary worksite unless approved in advance by the supervisor. The teleworker is responsible for ensuring that nonemployees do not access college data, including in print or electronic form.
    
    
13. Intellectual Property. Products, documents, patents, copyrights, inventions, and records developed while teleworking are property of the college and are subject to the college's Intellectual Property Policy 9.3.2. The teleworker must have a method to safeguard the security of all institutional data, including but not limited to intellectual property, proprietary information, confidential personnel information, Family Educational Rights & Privacy Act (FERPA) protected student records, Health Insurance Portability & Accountability Act (HIPAA) protected health information, and attorneyclient communications.
    
    
14. Record Retention. Products, documents and records that are used, developed, or revised while teleworking shall be copied or restored to the college's computerized record system. Maintenance of college records must be consistent with the college record retention rules and policies.
    
    
15. Telework Expenses
    1. Office Supplies. The college shall provide any necessary office supplies for college owned equipment. Out-of-pocket expenses for supplies normally available in the office will not be reimbursed. All supplies provided by the college should be secured in the telework site and must not be used by the teleworker or others for personal purposes.
    2. Phone Service and Network Access. Telework is, generally, a voluntary option for certain positions. As such, phone service and network access for telework will not be reimbursed.
    3. Travel and Incidental Costs. The teleworker will not be paid for time or mileage involved in travel between the telework-site and the primary worksite. Unless otherwise stated in the Flexible Work Agreement, all incidental costs, such as residential utility costs, homeowner's insurance or cleaning services, are the responsibilities of the teleworker.
    4. Taxes. Teleworkers should consult with a tax expert to determine the tax implications of a home office. The college will not provide guidance nor claim responsibility for any Federal or State tax liability.

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