June 12, 2017
Last Revision Date
All Staff and Faculty
Marymount University (“University”) recognizes the growing demands on staff and the increasing challenge of finding new and better ways of serving students, parents, faculty, and other customers while meeting university goals. Working remotely, flexible schedules and compressed workweek arrangements offer advantages for both the University and its employees when such arrangements are operationally appropriate.
The Flexible Work Arrangement Agreement between the University and the employee that details the terms and conditions of the employee’s work while on a flexible, compressed or remote work schedule.
1.2 Flexible Work Arrangements
A Flexible Work Arrangement or alternate work schedule or work place is a viable work option that can improve performance, increase employee retention, and may reduce commuting and departmental costs.
1.3 Alternate Work Location
An approved worksite other than the employee’s onsite workplace, including an employee’s residence, approved through the Flexible Work Arrangement Agreement.
1.4 Compressed Workweek
A compressed work schedule allows an employee to work a traditional 35-40 hour workweek in less than five workdays. For example, a full-time employee could work four 10-hour days instead of five 8-hour days.
1.5 Flexible Work Schedule
A flexible work schedule is an alternative to the traditional 8 to 5, 40-hour work week. It allows employees to vary their arrival and/or departure times.
1.6 Hybrid Work Schedule
A combination of on-campus (onsite) and Remote work in a given workweek, and follows all Remote Work requirements in this policy.
1.7 Onsite Workplace
University workplace on one of the three campuses where employees of Marymount University perform their duties primarily in support of the University’s teaching, research, service and all other supporting operations: Main Campus, Ballston Center, or 4040 Fairfax Drive.
1.8 Remote Work (RW)
Remote work is an arrangement that allows an employee to work from a remote location outside of the University campus.
Approvals for Flexible Work Arrangements are made on a case-by-case basis using the criteria in this section. Flexible Work Arrangements are for one year only and employees must submit a new request annually on or before July 1 to reaffirm eligibility.
- The nature and duties of the position are appropriate for a Flexible Work Arrangement as determined by the Supervisor in consultation with Human Resources.
- The employee has demonstrated satisfactory performance, generally documented with performance evaluation ratings of “Satisfactory” or higher, and the Supervisor believes the employee can maintain the expected quantity and quality of work while on a Flexible Work Arrangement. An employee with a “Needs Improvement” or, “Unsatisfactory” performance evaluation rating is not eligible for an Flexible Work Arrangement.
- Employee’s ability to work independently, including desire to be successful in a flex schedule
- The department or unit can maintain quality of service for students, parents, faculty, staff, and other members of the University community.
2.2 Not Eligible
- The position requires the employee’s physical presence onsite or a Flexible Work Arrangement would harm the department or unit’s efficiency or service.
- The employee’s current position and/or duties require frequent supervision, direction, collaboration, or input from others who are onsite; or the employee is required to provide frequent supervision, direction, or input to employees who are onsite.
- The employee has not demonstrated satisfactory performance, generally documented through the performance evaluation, or the ability to work independently.
- The ability to observe and supervise the employee’s productivity would be impeded by remote supervision, or tracking and confirming accurate work hours for the employee would be difficult, such as may be the case for certain overtime-eligible (hourly) positions.
- Impact on the department’s operations and other employees.
3.0 General Expectations
- Any employee approved for a flexible, compressed or remote work arrangement must comply with and is subject to all University policies and procedures and all applicable statutes and rules as other employees. Violation of such policies and procedures may result in the discontinuation of the agreement and/or disciplinary action up to and including termination from employment.
- An employee’s compensation, benefits, work status, essential job functions, and amount of time an employee is expected to work per day or pay period will not change as a result of the work arrangement. If an employee is unable to work the complete day while on a Flexible Work Arrangement, the employee must report and receive Supervisor approval for any leave time such as annual/vacation leave, sick leave, etc. as required.
- An overtime-eligible (hourly) employee’s work schedule must comply with the Fair Labor Standards Act and any applicable State rules, policies or procedures. An employee is required to follow their Supervisor’s procedures for requesting approval for overtime.
- There may be times when an employee will be required to work onsite during their regularly-scheduled Flexible Work Arrangement day or schedule to support business needs that are not best addressed remotely (e.g., group training, critical meetings, peak service periods, or other demands as determined by the Supervisor).
- As is the case for all employees, when on a Flexible Work Arrangement, the employee is expected to perform all of his/her duties at 100% effort. To maintain the same productivity, performance, communication, and service standards as if the employee were not working on a Flexible Work Arrangement. See section 5.0 of this policy.
- Any exceptions to this policy for a specific employee must be approved by a Cabinet member.
3.1 Ad-hoc Remote Work Arrangements
Ad hoc or temporary arrangements where an employee works remotely, has a flex or compressed work schedule may be approved for unusual circumstances such as inclement weather, special projects, business travel or temporary and extraordinary personal needs. Such arrangements are not part of this program. They should be infrequent exceptions, where unfair use patterns or abuse remain subject to the University’s standard performance management procedures. All such arrangements are managed by the Supervisor.
4.0 Annual Flexible Work Arrangement Agreement
- An Flexible Work Arrangement Agreement must be submitted and approved annually by the Supervisor and the appropriate Cabinet member prior to the employee initiating a Flexible Work Arrangement.
- If a Flexible Work Arrangement Agreement is not approved, the Supervisor must provide a written notification, including the reason for the denial, to the employee and Human Resources.
4.2 Discontinuing an Flexible Work Arrangement Agreement
- A Supervisor, in consultation with Human Resources, may discontinue a Flexible Work Arrangement Agreement at any time based on, but not limited to: declining performance, violation of this policy and/or the Flexible Work Arrangement Agreement, violation of University policy, or for business needs. Every effort will be made, when practical, to provide reasonable written notice to the employee when discontinuing the Flexible Work Arrangement Agreement.
- An employee may request to review the Flexible Work Arrangement Agreement with their Supervisor.
- The University’s need for the employee’s physical presence at the Onsite workplace for longer than one pay period could discontinue the Flexible Work Arrangement Agreement, and a new Flexible Work Arrangement Agreement will be required to resume.
4.3 Getting Started; Submitting the Request Form
- Log into Workday
- In the Search Bar type Flexible
- Choose Request Flexible Work Arrangement
- Read the instructions, Complete the form and Submit
- Next: You will be prompted to Complete Questionnaire; Submit
- Next: You will be prompted to Review Documents and Acknowledge; Submit
- Request for is sent to Manager and then Cabinet Member for approval
4.3 Costs, Damages or Lost Property
- The University will not be held responsible for costs, damages, or losses associated with the termination of the Flexible Work Arrangement Agreement.
5.0 Americans with Disabilities Act (ADA) Reasonable Accommodation
If an employee requests an Flexible Work Arrangement as a reasonable accommodation request under the ADA, the request must be reviewed and approved by Human Resources
6.0 Compressed Workweeks
Compressed Workweek arrangements are discretionary based upon the operational needs of the department and must have the prior approval as referenced in section 6.2. Either the employee or Supervisor may initiate discussion of fixed flexible work arrangements.
- An employee can work no more than 12 (twelve) hours per day.
- If a holiday occurs during the compressed workweek, the employee’s schedule will revert back to the regular 8 hour per day schedule for that week. The employee will resume a compressed workweek schedule the week after the holiday.
If a compressed workweek arrangement is desirable and meets the operational needs of the department, the employee will submit an Annual Flexible Work Arrangement Agreement (section 4.3), to be approved by the Supervisor and appropriate Cabinet member.
- Employees and Supervisors should consult with Payroll for changes in recording time on timesheets and impact on leave.
- Compressed work schedules may be modified or terminated as needed to ensure that the arrangement does not negatively impact the employee’s or the unit’s work quantity, quality, or productivity.
- All compressed work schedules must conform to the overtime, record keeping, meal break and other provisions of the Fair Labor Standards Act and other relevant laws. Lunches and/or scheduled rest periods are not eliminated when staff works a compressed workweek schedule.
7.0 Flexible Schedules
Flexible work arrangements are discretionary based upon the operational needs of the department and must have the prior approval as specified in section 6.2 of policy. Either the employee or Supervisor may initiate discussion of fixed flexible work arrangements.
NOTE: If an employee is hired to teach at Marymount as an adjunct during his/her regular work hours, the employee must request a flexible work arrangement and receive approval from the Supervisor
7.1 Work Hours
The ranges of work hours available for fixed flex work schedule:
- 6:00 am to 7:00 pm, Main Campus
- 7:00 am to 6:00 pm, 4040 Fairfax Drive
- M-F 8:00 am to 11:00 pm, Sa 8:00 am to 6:00 pm, Ballston
If a flex arrangement is desirable and meets the operational needs of the department, the employee will submit an Annual Flexible Work Arrangement Agreement (section 4.3), to be approved by the Supervisor and appropriate Cabinet member.
- Fixed flex arrangements may be modified or terminated as needed to ensure that the arrangement does not negatively impact the employee’s or the unit’s work quantity, quality, or productivity.
- All fixed flex arrangements must conform to the Absenteeism and Tardiness Policy, the overtime, record keeping, meal break and other provisions of the Fair Labor Standards Act and other relevant laws. Lunches and/or scheduled rest periods are not eliminated when staff work a flex arrangement.
- The Supervisor will provide Campus Safety and Emergency Management a copy of the flexible work schedule if the approved work hours are before 7:00 am or after 6:00 pm.
8.0 Remote Work
Under both a Hybrid Work Schedule and fully (100%) Remote Work (RW) arrangement, eligible employees fulfill their job responsibilities at a site other than their onsite work location during regularly scheduled work hours for an approved period of time. While remote work includes flexibility associated with work locations, the work is performed during normally scheduled hours and is not considered a flexible schedule arrangement.
- If a remote work arrangement is desirable and meets the operational needs of the department, the employee will submit an Annual Flexible Work Arrangement Agreement (section 4.3), to be approved by the Supervisor and appropriate Cabinet member.
- The Manager may require onsite attendance at any time, including during scheduled Remote Work days. Rarely, certain exceptions to these procedures may be approved if a compelling case is presented by a Manager and is endorsed by the respective Cabinet member in consultation with Human Resources. The Cabinet member’s decision on such requests is final.
- Employees are required to work onsite at their designated work location on days that have not been previously agreed upon as being remote work days. Being onsite takes precedence over any scheduled remote work days. Subsequently, absences from the designated onsite campus location during a work week due to reasons such as weather, illness, vacation, or University holiday will require the employee to work on campus during their otherwise-scheduled Remote Work days to meet the weekly onsite requirement.
- Remote work schedules may be modified or terminated as needed to ensure that the arrangement does not negatively impact the employee’s or the unit’s work quantity, quality, or productivity
- All remote work schedules must conform to the overtime, record keeping, meal break and other provisions of the Fair Labor Standards Act and other relevant laws. Lunches and/or scheduled rest periods are not eliminated when staff works remotely. If an Employee is scheduled for Remote Work on a day that coincides with approved leave, the Employee must report the leave.
8.3 Working Remotely
- Employees whose work involves participating in Zoom or other audio-video meetings are expected to dress professionally and be on camera for all meetings, just as they would if they attended the meeting face to face. Ensure your background is appropriate for conducting Marymount business, use options such as a blurred-background when necessary.
- Remote work environments (home or other) must be conducive to productive and focused work and have minimal disruptions and distractions. Employees are expected to perform only official work duties during their scheduled Remote Work hours and may not conduct personal business or otherwise be distracted while working remotely.
- Employees with a Remote Work arrangement must be fully available during assigned business hours, online, for communication by phone, voice mail, email, etc., while they are working remotely. It is required of the Employee to take advantage of the University’s “soft client” telephone application (i.e., Jabber) or forward their University phone number to their work location. The Remote Work Employee’s participation at any and all scheduled meetings is expected as if they were onsite.
- An employee under an Flexible Work Arrangement Agreement must work with their Supervisor to define and ensure a workplace environment with minimal distractions and availability for communication and contact, including communication and contact with the employee’s Supervisor, similar to when the employee is working at the Onsite Workplace.
- Employees should conduct work from the Flexible Work Location in a safe environment and report any incidents, accidents, or workplace injuries while working from the Alternative Work Location immediately to Human Resources. Work-related injuries to a Marymount employee will be reported to the institution’s Workers’ Compensation insurer.
- Employees working in the Flexible Work Location may be covered by the institution’s Liability insurance while working in good faith and within the course and scope of their employment from the Flexible Work Location.
- Employees should not conduct in-person business meetings or have in-person business visitors if their Alternative Work Location is in their home. If an employee believes that hosting business visitors in his/her home is necessary, the institution strongly encourages that employee to carry homeowner’s or renter’s insurance for protection against third-party liability injury claims at the Flexible Work Location.
8.5 Commute Time and Paid Travel
- The commute time from the Flexible Work Location to the Onsite Workplace for required meetings and other events is not considered work hours and is not compensable.
- An employee will not be paid for time or mileage involved for travel between the Flexible Work Location to the Onsite workplace regardless of whether such travel is required to attend meetings or to report to the MU worksite for any other reason as determined by the employee’s Supervisor.
8.6 Information Technology Security, Equipment, and Other Costs
- The University will review employee computers and related devices to ensure they meet information security standards. The employee is responsible for ensuring sufficient internet access to conduct University business, including related equipment and all associated costs.
- The University is not responsible for operating costs, home maintenance, rental fees, or any other incidental costs (e.g., utilities) associated with the use of an employee’s residence for Flexible Work Arrangement.
- The department will provide the equipment and materials needed by the employee to effectively perform their duties; however, the University will generally not duplicate resources between the Onsite Work Location and the Flexible Work Location. All equipment purchases must be purchased through Information Technology using established procurement processes.
- An Flexible Work Arrangement Agreement may also permit an employee to use their own computing device and peripherals (e.g., printers, monitors, etc.) provided the use of such equipment meets information technology standards.
- The university will not purchase or provide furniture or chairs for a home office setting, printer toner, cartridges or paper for home printers.
- All equipment, information, document records and materials provided by the University will remain the property of the University. In addition, any information or work documents used or created by the Employee are property of the University.
- Employees will maintain security and confidentiality of materials accessed as a condition of employment, and will abide by the University’s ITS policies, including those covering information, security, software, software licensing and data privacy; and with HR policies, including conflicts of interest, outside employment, ethics, conduct, as well as with all requirements of applicable state and federal government statutes.
- Consistent with the University’s expectations of information security for employees working onsite, RW employees must ensure the protection of proprietary and University-protected information that is accessible from their remote site. Appropriate steps include maintaining strong password(s), restricting access to University materials, and any other measures required by the University, or appropriate for the job and the operating environment.
- Employees working remotely are required to follow all ITS policies as set forth in the University’s Technology Resource Use Policy. In addition, remote employees must use multi-factor authentication for access to any secured University systems. Further, employees are required to connect to the Virtual Private Network (VPN) and log in if they need to access local servers or non-cloud-based applications from their remote site. Work products like reports, documents, or other files must be stored on University-provided storage (i.e., Box, Canvas, Google Drive) and may never be stored on any personal devices.
- Employees working remotely will implement all computing security measures required for the classification level of data with which they work. While remote, the employee must: (1) ensure that University-provided anti-virus and anti-spyware subscriptions are kept current, and promptly notify ITS of any warning messages stating they are not current; (2) use encrypted wireless connections; and (3) agree to notify ITS immediately by calling (703) 526-6990 if symptoms of a virus or spyware infection occur.
8.7 Outside Employment
Any outside employment must not pose a conflict of interest or commitment and must be disclosed as required under University Policy Conflict of Interest.
8.8 Resident Taxing for State Outside of Virginia
- The University will review, but has no legal obligation to withhold or remit income tax of another state. It is the employee’s responsibility to ensure they are in compliance with any out-of-state tax requirements, where approval for Remote Work from outside the State of Virginia is authorized.
- Tax and other legal implications for business use of the Employee work site are based on IRS and state and local government restrictions. All applicable taxes (including income and social security taxes) will be withheld based on employment at Marymount University in Virginia, not on the remote location of the employee. (Note: This does not apply to Employees who are permanently remote.) The Employee is responsible for all tax consequences and other legal implications that may occur, including local zoning restrictions.
8.9 Other Federal and State Laws
Flexible Work Arrangement is not intended to cover or be a substitute for other work-related situations covered by other laws, such as the Americans with Disabilities Act, the Family and Medical Leave Act, or other similar federal and state laws.
8.10 Return of University Property
- Upon discontinuation of a Flexible Work Arrangement Agreement, the employee must promptly return all equipment, software, supplies, and any other University property in the employee’s possession or control to the department. An employee may not keep or dispose of any equipment. Failure to return university equipment will result in treating it as income to the employee.
- The department is responsible for tracking all University-owned equipment and ensuring its return to the University when the equipment is either obsolete, or when the employee has separated from the University. All University equipment, records and materials must be returned within one (1) business day of termination of the Flexible Work Arrangement Agreement or separation from the University.