Administrative Rule 6030-02

Remote Work

 

Purpose

To establish guidelines and procedures to support remote work as an alternative work arrangement, where appropriate for eligible employees. To allow employees to work at alternate work locations for a portion of their workweek.

The College recognizes that in some circumstances remote work can encourage productivity and job performance, promote administrative efficiencies, support continuity of operations plans, and sustain the recruitment and retention of a highly qualified workforce by enhancing work/life balance. At the same time, remote work can introduce challenges such as; hindered cooperation, inefficient communication, and weakened campus connection. Supervisors are encouraged to determine work plans that optimize the benefits while minimizing the downsides.

 

Statement

Bargaining Unit Employees

Terms and conditions for remote work for employees subject to collective bargaining agreements shall be governed by those respective agreements; failing such provisions, Board policies and administrative rules shall apply.

Responsibility

Human Resources is responsible for the administration of this policy. The individual departments are responsible to initiate the remote work agreements. Completed forms should be appropriately placed in the employee's official personnel file.

Scope

This policy applies to all full-time and part-time Linn-Benton Community College employees. A remote work arrangement may be approved for an exempt or non-exempt employee when the job tasks align with the goals of the department and the College and benefits the employee. Given the nature of College needs, this is an option for qualified employees as determined by these guidelines.

Definitions

"Campus Work Site" or "Centrally located work site" means the work site where the employee LBCC is required to work if they do not work remotely. Work sites are located at the LBCC Albany Campus, ATTC, HOC, or Corvallis Campus.

"Exempt employee" means an employee who, based on duties performed and the manner of compensation, is exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime provisions. Exempt employees are paid an established monthly salary and are expected to fulfill the duties of their position(s) regardless of hours worked. Exempt employees are not eligible to receive overtime compensation or compensatory time off and are not required to adhere to strict time, record-keeping, and attendance rules for pay purposes. Exempt titles are identified in College-wide title and pay plans.

"Non-exempt employees" means an employee who, based on duties performed and the manner of compensation, are subject to all FLSA provisions. Non-exempt employees are required to account for time worked on an hourly and fractional hourly basis and are compensated for qualified overtime hours at the premium (time-and-one-half) rate.

"Remote Access" means any connection to LBCC's network and/or other applications from off-site locations using a computing device of any type (e.g. laptop, web terminal, smartphone, etc). Remote access can be gained from any physical or logical location external to LBCC.

"Remote work" means working on a regular or part-time basis, one or more days each workweek from a location other than their centrally located work site. Working-off site at a location, preferably a home office, that is part of an established arrangement that allows an employee to work at a work location other than an LBCC work site. The remote work arrangement may be a set schedule or variable upon request (see also situational remote work). Remote work can occur in the Linn-Benton area or other approved location in Oregon. Situational remote work may be allowed in an approved location within the United States. In some situations, remote workers may not have an assigned campus work site.

"Situational remote work" means working remotely on an irregular basis, that is not part of a previously established remote work arrangement. Situational remote work may be determined by the supervisor to support the College operations but allow employees increased flexibility to manage disaster, weather, and work/life balance scenarios.

"Stakeholder" means a person or party who holds a common interest regarding the operation of the College.

"Workstation" means any desktop or laptop that is used by an individual to perform job duties. A workstation may be dedicated to an individual LBCC employee or may be shared among multiple employees.

Remote Work Eligibility

The qualifications to work remotely will be determined by taking into consideration various factors (see points 1-6 below), including the job position, nature of the work performed, operational needs, impact on the department, and employee performance. Such arrangements will grant a greater degree of work flexibility to employees while serving the needs of the College.

Supervisors should apply these factors consistently to all employees and work activities; this does not preclude different determinations for each employee, even for employees with the same job duties:

1. An employee's work must be of a nature that face-to-face interaction with internal or external stakeholders is minimal and the employee's tasks can be performed successfully away from the College with the use of collaboration tools and technology.
2. Characteristics of the employee will include a demonstrated conscientiousness about work time, productivity, self-motivation, and ability to work well alone and without immediate supervision.
3. The employee communicates effectively with supervisors, coworkers, and other partners and is available during the College's established core business hours.
4. The employee must be currently performing at an overall satisfactory level in their position as assessed by their supervisor.
5. The employee must have a basic knowledge of hardware and software programs used to complete work tasks and must maintain sound safety and security standards while working remotely.
6. The employee must have access to internet service that is reliable and that is fast enough to support the collaboration tools and technology needed to perform their work remotely, excluding occasional service disruptions that are outside of the employee's control.

Remote Work Agreements

This is an arrangement for remote work on an ongoing basis until terminated by either party or by mutual agreement. Remote work schedule will be based on eligibility (see 1-6 above) and supervisor approval.

If the employee meets the qualifications for remote work, the employee and supervisor will jointly develop a written agreement memorialized on the College Remote Work Agreement form. This Agreement will outline specific conditions, an agreed-upon work arrangement, and is subject to ongoing review by the supervisor and may be terminated at any time based on operational or business needs. The employee may terminate the Agreement at any time. Additionally, the supervisor may outline times of the year where remote work is not possible due to operational needs of the department, ex. new student week, finals etc.

All requests for remote work will be responded to within ten College business days. Requests that have been denied will be responded to in writing providing the reason(s) for the denial based on the operating needs of the College and qualifications as outlined in the "Remote Work Agreements" section above. If a request for remote work is denied it may be revisited quarterly; to review changes in performance, project needs, changes in business process, etc.

Situational Remote Work

This is an arrangement for occasional remote work that is not a part of an existing and/or previous remote work agreement. Situational remote work might be from one to five days per week but may not exceed ten consecutive College business days per occasion.

Conditions of Employment

Remote work does not change the conditions of employment, applicability of College policies, or collective bargaining agreement terms including, but not limited to overtime, holidays, vacation leave, and sick time. LBCC policies, rules, and practices apply at the remote work site, including, but not limited to 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. Failure to follow policy, rules, and procedures may result in termination of the remote work arrangement and/or disciplinary action.

Work Schedule

A consistent work schedule is desirable to ensure regular and predictable contact with the supervisor, LBCC faculty/staff, and others. The agreed-upon work schedule will comply with FLSA regulations. Exempt employees will agree to be available during specific agreed-upon core hours. Non-exempt employees are expected to adhere to the required rest and meal break periods as established by the Bureau of Labor and Industries (BOLI). Any additional hours resulting in overtime must receive approval from their supervisor prior to work being performed. Employees and supervisors should discuss expectations around providing services near the end of their workday. The employee will not perform personal business or activities during agreed-upon work hours.

Working Environment

While working remotely, the employee is responsible for ensuring a workstation and work environment suitable for accomplishing their regular job duties during scheduled hours of work and, if applicable, arranging for dependent care just as they would if they were working at the regular LBCC work site. Remote work is not to be a substitute for elder, dependent, or childcare. LBCC will review the proposed work location for suitability for the work to be performed.

The employee must establish and maintain a dedicated workspace that is quiet, free of distractions and kept in a clean, professional, and safe condition, with adequate lighting and ventilation. In-person meetings at the remote site with other LBCC employees or vendors will not be permitted.

Communication

While working remotely, the employee is expected to maintain a presence using agreed-upon technology and to be available to their supervisor, coworkers, and students with the same response times as if at the regular LBCC work site. The employee and supervisor will agree on the expected response time and the medium for responses. 

The employee must be reachable to attend job-related meetings, training sessions, and conferences, as requested by the supervisor. In addition, the employee may be requested to attend meetings on short notice, or alternately, be requested to be part of a teleconference.

Employees using a personal phone to answer work calls should work with Information Services to set up and have their phone forwarded.

All work mail should be sent to the College Mail center.

Duties and Assignments

While working remotely, the employee is expected to maintain appropriate productivity, performance, communication, and responsiveness standards. The employee and supervisor will establish an agreed-upon plan covering general duties and assignments to be performed, receiving and returning assignments, and reporting to the supervisor while working remotely. The remote employee will not be paid for time or mileage involved in travel between the remote work site and the primary work site.

Performance and Evaluation

The employee's job responsibilities and standards of performance remain the same as when working at the regular LBCC work site. The supervisor and employee should meet at regular intervals to review the employee's work performance.

College Closure/Inclement Weather

In the event of an unplanned College closure due to inclement weather or other emergency circumstances, the supervisor will contact the employee. The employee may be permitted/requested to continue to work at the remote work site, even if either the Albany, Lebanon, or Corvallis Campus is closed. (Classified employees permitted/requested to work remotely during a campus closure should reference Article 20.G, Section 2 for pay during closures). If there is an emergency at the remote work site, such as a power outage, the employee will notify the supervisor immediately. The employee may be reassigned to the campus work site or an alternate work site (if safe for travel), in the case of an emergency at the remote site. If the employee does not report to the campus work site or an alternate work site, they must use applicable accrued leave.

Equipment, Liability & Expenses

The employee is generally expected to establish their remote work site including furniture. The employee and supervisor shall work with Information Services to help determine the minimum equipment and software necessary for the employee to complete assignments from the remote location in a timely, efficient, and professional manner. Any equipment provided by the College must be properly inventoried and listed in the agreement, and the agreement must be updated if the equipment is returned or if new equipment is assigned. The employee is required to return any College property upon request. Should an employee be provided LBCC equipment, the equipment will be used exclusively by the employee and to conduct LBCC business. The College will maintain all equipment owned by the College. The employee will not perform maintenance or repairs on college-owned equipment without prior approval. If necessary, the employee will bring college equipment back to the IS department for maintenance or repair upon request. The employee is responsible for all maintenance and repairs of employee-owned equipment.

The employee may be allowed to install College-owned equipment or software upon approval. Without approval, the employee must schedule installation with Information Services. Only College-owned software may be installed on College-owned equipment. The employee may not install or download any other software without approval. All software used for remote work must be properly licensed by the software manufacturer. If new software is required for remote work, it will be provided by the College. The employee should never purchase or rent equipment, services, or supplies on the assumption that the College will reimburse the cost. Prior supervisor approval should be obtained.

Information Security

The employee is responsible for reviewing College policies and guidelines for proper record management. The employee will be responsible for the safety and security of all College-owned equipment, records, and materials at the remote work site. The employee will implement steps for good information security in the remote work site location and check with their supervisor when security matters are an issue. The employee must report to the supervisor any loss, damage, or unauthorized access at the earliest opportunity.

Products, documents, and records used, developed, or revised while working remotely will be returned to LBCC in hard copy or stored on LBCC's network. Release or destruction of records should be done only in accordance with statute and College policy and procedure and with the knowledge of the employee's supervisor. Electronic/computer files are considered College records and will be protected.

Incidental Costs

Unless otherwise determined in the Agreement, the employee is responsible for ongoing operating costs for non-work-related utility costs, cleaning services, homeowner's or renter's insurance, and furniture or equipment rental fees unless the College agrees in writing to pay for or reimburse such costs.

Reimbursable Expenses

Employees working remotely are not on travel status and are not eligible for meal reimbursement. Only business-related equipment that can be returned to the office at the end of the arrangement will be reimbursed. If any item needs to be installed, charges related to the installation are the responsibility of the employee. Other expenses (utilities, rent, furniture, etc.) will not be reimbursed.

Departments will evaluate on a case-by-case basis where reimbursement is necessary for employees with specific needs not already met with existing resources and only allowable if the College-issued office equipment (e.g., computer, printer, keyboard) can't be relocated or the employee does not already have personal equipment at the remote work site to enable them to perform their work duties.

Expenses will be reimbursed only if the supervisor agrees to the purchase in advance. Please consult Linn-Benton Community College policies on reimbursable expenses.

Safety and Accessibility

The employee is responsible for maintaining a safe and secure work environment, including maintaining an ergonomic work site. The employee should direct questions to Accessibility Resources or Public Safety for information on a safe and ergonomically sound work environment.

The employee will be covered by workers' compensation for job-related injuries that occur in the designated workspace if the injury was incurred in the course and scope of the employee's job duties and during the employee's scheduled hours of work since the employee's alternative shall be considered an extension of the regular College work site.

The employee is responsible for reporting any work-related injuries to the supervisor at the earliest opportunity, and injuries will be handled in the same manner as reports of injury at the primary work site. Employees should also report using the Accident or Injury Report Form.

The employee will agree to hold the College harmless for injury to others at the remote work site. The employee may not conduct in-person work-related meetings at the remote work site.

Termination

The remote work agreement is not a guarantee of employment, and can be terminated by either the College or the employee. A remote work arrangement may not be allowed to continue uninterrupted if such an arrangement does not meet the needs of the College. In such situations, the supervisor will work with the employee to resolve the situation. If the problem cannot be resolved, the supervisor may terminate the agreement.

Termination of the Remote Work Agreement may occur for business reasons as determined by the supervisor. If an agreement is terminated, the supervisor will provide thirty College business days' notice to allow the employee to make appropriate arrangements. The College will not be held responsible for costs, damages, or loss to the employee resulting from termination of the agreement.

Other

The employee will be solely responsible for any/all tax and/or insurance consequences/deductions of this arrangement and for conformance to any local laws/regulations (including but not limited to local zoning laws regulations). The College will not provide any individual guidance to the employee regarding potential tax or insurance implications arising from the Remote Work Agreement nor any guidance regarding any local laws/regulations that may apply. Should the employee have any tax, insurance, or legal questions relating to routine or remote work, the employee is encouraged to consult with their legal and/or tax professional.

 

 

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