Administrative Policies

University Policy No. 2202

Subject: Flexible Work Policy

Responsible Parties: Associate Vice President and Chief Human Resources Officer, Human Resources & Payroll, Heads of Departments, Offices and Activities.  Human Resources & Payroll officially interprets this policy and shall revise or eliminate any or all parts as necessary to meet the changing needs of the university.

Procedures: http://hr.gmu.edu/worklife/flex/FlexibleWorkProcedures.pdf  
Flexible Work Policy Procedures

Related Policies: George Mason University Administrative Policies:1114 Data Stewardship Policy, 1301 Responsible Use of Computing, 2104 Inventory Control of Office and Educational Equipment and Furniture, 2216 Work Schedules and Attendance for Classified Employees

Department of Human Resource Management Policies:  1.61 Telecommuting http://www.dhrm.state.va.us/hrpolicy/policy.html

Department of Labor for the Fair Labor Standards Act (FLSA):http://www.dol.gov/esa/whd/flsa/

I. SCOPE

The policies and procedures provided herein apply to all administrative and professional faculty, classified, and non-student wage employees of George Mason University, at all University locations.

II. POLICY STATEMENT

George Mason University recognizes the value of flexible work options to faculty, staff and the university. Flexible work options can also have an important environmental impact reducing traffic congestion and pollution. Flexible work options:

Employees’ classification, compensation, and benefits will not change if utilizing a flexible work option. Flexible work arrangements will ordinarily be the subject of mutual agreement.  However, the university may establish flexible work as a condition of employment, based on the university’s business needs. In such cases, this requirement should be included when the position is advertised and in correspondence offering employment.

An employee and supervisor do not need to complete a flex time agreement if the employee’s flex schedule start time is within 1 hour of his/her regularly scheduled start time.

III. DEFINITIONS

Types of Flexible Work:

Alternate Work Schedule: An acceptable schedule, agreed to by supervisor and employee, that enables completion of the traditional forty (40) hours per week in fewer or more than five (5) full workdays.

Compressed Work Schedule: An acceptable schedule, agreed to by supervisor and employee, that enables completion of the traditional forty (40) hours per week in fewer than five (5) full workdays.

Flextime: A work arrangement where an employee of George Mason University works an approved Alternate Work Schedule that enables completion of the traditional forty (40) hours per week in fewer or more than five (5) full workdays. Flextime may include varying the time of day an employee works, the days of the week an employee works, or both.

Job Sharing: A work arrangement where two staff members share the responsibilities of one full-time position, in which each staff member shares a specific proportion of a full-time position. Employees who job share must be considered part-time employees.

Remote Work: A work arrangement where an employee spends most or all of their working hours outside of the traditional place of work. Remote workers differ from teleworkers in that they work from their home located far enough away from a Mason campus that commuting on a daily basis is not possible, or their position is designed for off-site work. Visits to the campus are infrequent but can be regularly scheduled.

Telework: A work arrangement where an employee of the university works at an approved alternate work site for an agreed period of time, with most of the work week spent at a university work site.

Other Definitions:

Alternate Work Site: An acceptable site for performing job duties and responsibilities outside the traditional university office where official state business is performed.  Such locations may include, but are not necessarily limited to, employees’ homes and satellite offices.

Overtime: For purposes of Flexible Work Agreements, hours in excess of the approved alternate work schedule.

Flexible Work Agreement: The written agreement between the supervisor and the employee that details the terms and conditions of an employee’s use of a flexible work arrangement, other than telework or remote work.

Telework/Remote Work Agreement: The written agreement between the supervisor and the employee that details the terms and conditions of an employee’s work away from the traditional Mason office.

Work Schedule: The employee’s hours of work in the traditional university office or in an alternate work location.

IV. RESPONSIBILITIES

A. The Associate Vice President and Chief Human Resources Officer is responsible for the administration and implementation of the Flexible Work Policy.

B. Human Resources and Payroll will audit and maintain records of Flexible Work Agreements and Telework/Remote Work Agreements, to ensure compliance with all University and Department of Human Resource Management policies, as well as state and federal laws. Human Resources and Payroll will provide training and guidance on the application of the Flexible Work Policy and Procedures, as well as maintaining all forms and documentation on the HR & Payroll home page (http://hr.gmu.edu).

C. Heads of Departments, Offices, and Activities are responsible for assuring approved flexible work arrangements are within the scope of this policy and establishing the following quality assurance controls, where applicable:

1. Work performed offsite is considered official state business; therefore all work objectives and tasks must be clearly defined with measurable results for the flexible work position. The manager will monitor deadlines and work produced and will measure and evaluate offsite work performance.

2. The flexible work position (particularly but not exclusively telework and remote work positions) should require minimal supervision or contact with customers. The employee should demonstrate work habits and performance suited to successful flexible work.

3. Alternate Work Schedules, such as rotating shifts or a compressed work week may be developed to allow departments to provide services outside traditional hours of work or to meet employee needs. Schedule adjustments will not result in an employee working more or less than his/her prescribed hours during a pay period. Flextime arrangements will not necessarily result in compensatory time or overtime pay. The manager or supervisor must establish clear procedures to track time worked and to document hours worked by employees covered under FLSA.

4. Annual performance evaluations of employees who engage in flexible work arrangements must indicate performance at level of at least a Solid Achiever or above.

5. Flexible work duties must be arranged so as neither to alter the essential job responsibilities nor to compromise the level of service provided to the customer, either by the employee or the department.

6. Teleworkers and Remote Workers are considered agents of the university and will adhere to all University and Department of Human Resource Management polices, as well as state and federal laws.

7. The approval of a position for Telework or Remote Work does not mean that any employee who later may fill that same position would be authorized to work at alternate work sites. 

8. Employees working from home during a university closing are expected to continue working unless it is not possible due to power outages or other conditions that prevent them from working. Employees Teleworking or Remote Working from home during an authorized closing do not receive compensatory time off.

9. Employees’ classification, compensation, and benefits will not change upon their acceptance of any Flexible Work Agreement.

D. Employee Responsibilities

1. Employees working offsite must comply with all state and University policies, practices and guidelines. They must notify their supervisors immediately of any situation that interferes with their ability to perform their jobs.

2. Employees working offsite are responsible for the security and confidentiality of any information, documents, records, or equipment in their possession. When the offsite work involves remote access of the University's computer network, remote users must abide by the University's security standards relating to remote access. All remote access involving data stored on the University network requires encryption. The University will provide the encryption mechanism that is appropriate for the level of access and the data involved. Sensitive data should not be included in email messages unless there is some form of encryption being used. See the Mason security website, http://itu.gmu.edu/security/desktopsecurity for data security recommendations.

3. Employees must certify that the offsite work environment is safe and they must practice the same safety habits they would use on-site at Mason (a safety confirmation statement is included in the Telework/ Remote Work Agreements).

4. Supervisors may require employees to report to a campus location as needed for work-related meetings or other events or may meet with employee in the alternate work location as needed to discuss work progress or other work related issues.

5. Prior supervisory approval for overtime is required.

V. COMPLIANCE

A. All employees and departments utilizing Telework or Remote Work must complete a Telework/Remote Work Agreement, including a formalized schedule, and Mason equipment log. Those employees and departments utilizing Flex Time (within policy limits -- see Section I of the policy for details), Compressed Schedule or Job Sharing arrangement must complete a Flexible Work Agreement. Both the Telework/Remote Work Agreement and the Flexible Work Agreement must be completed and submitted to Human Resources and Payroll for review before beginning the flexible work arrangement. 

B. Flexible Work Agreements and Telework/Remote Work Agreements must be reviewed after three (3) months to establish if the needs of the department and customer service requirements are being met. Upon completion of a positive three (3) month review, the Agreement will then be in effect for an additional twelve (12) months. The Agreement may be renewed annually and will be in effect during the time the employee is working/teleworking. Additionally the review of a flexible work option will be part of the supervisor’s annual review of the employee.

C. All George Mason policies, rules and practices will apply at the approved alternate work site and/or to an approved alternate work schedule.

D. Failure to follow policies, rules and practices may result in termination of the arrangement and/or disciplinary action.

E. A Flexible Work arrangement may be terminated at any time by either party unless a flexible work option was a condition of employment.

F. Offices and departments are to be open during regular business hours (normally 8:30 am to 5:00 pm, Monday through Friday but may be adjusted depending upon the department (e.g., Library, Facilities, Police)).

G. If an employee works more than 6 hours in a day, a ½ lunch break is mandatory.  The lunch break cannot be shortened or eliminated to support a flexible work option. For example, if an employee is working a compressed schedule of 4 ten-hour days, the employee must take a 30 minute lunch period. They cannot work ten consecutive hours without a lunch break.

H. Forty hours must be worked (or 80 hours over two weeks), including approved leave, during a full-time workweek, Sunday through Saturday. Planning must include the impact of any holidays, particularly in the case of compressed scheduling. No exempt or non-exempt (overtime eligible) employee is eligible for more than 8 hours of holiday pay per holiday. If the holiday falls on the employee’s regularly scheduled work day, the employee will be credited with 8 hours of holiday pay for that day. Employees may use annual leave to maintain their hours of pay for that day or they may opt to work additional hours sometime during the work week.

I. Employees who miss work while on a flexible work agreement must record missed time based upon their flex schedule. For example: an employee who misses work on a compressed four 10-hour day schedule must account for 10 hours of work missed on a work day, not 8 as if on a regular schedule.

VI. EFFECTIVE DATE AND APPROVAL

This policy is effective July 1, 2002, and was revised June 18, 2008. This Administrative Policy shall be reviewed and revised, if necessary, annually to become effective at the beginning of the University's fiscal year, unless otherwise noted.

Approved:

_______________________
Maurice W. Scherrens
Senior Vice President

________________________
Peter N. Stearns
Provost

Date approved: July 2, 2002

Revision approved: June 25, 2008