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Flexible Work Schedule

A FWS must not cause or contribute to the need for additional staff, the need for reassignment to cover understaffed functions or for classified staff to work additional overtime hours. The university is an organization with work environments that vary widely and require specific staffing to function effectively. FWSs are not appropriate for all positions, times of year, or campus settings. Additionally, health, safety, privacy/security, technology concerns and limitations, and other relevant considerations may preclude a flexible work arrangement. FWSs that reduce duties or total working hours must follow Human Resource (HR) processes and include a reduction in Full-Time Equivalent (FTE). These types of arrangements may impact benefit eligibility and/or tax obligations.

It is not required that a FWS be uniformly available to all positions or individuals in an operating unit. Not every function is conducive to such alternate scheduling because of department requirements and/or university business needs. This should not deter a supervisor, with the authority to do so, from approving or establishing FWSs for positions where such scheduling is possible and/or would enhance services for the specific needs of the unit—either on an ongoing basis or at a particular time—and the ability of the individual employee to work effectively in a flexible work arrangement. This policy also applies to employees requesting FWSs on a temporary basis, including variable workdays for classified staff. A Flexible Work Schedule Agreement (“FWS Agreement”) form does not need to be completed if the request is temporary and is not extended past 7 days. An approved FWS does not reduce expectations regarding an employee’s performance and does not serve as a precedent for a future arrangement within a department or unit. Employee-requested FWS are a privilege, revocable, and are not an expectation or right of an employee.

Employees with FWS remain subject to all applicable UNLV policies and procedures, and federal and state laws.

Types of FWSs available under this policy include:

• Variable Work Week (Flex) Schedule. Work schedules that are different than the department’s standard operating hours, i.e., Monday through Friday, 8:00 a.m. – 5:00 p.m. (Pacific Time PT)
• Innovative (Compressed) Work Week. Allowing an employee to work longer hours in fewer days, e.g., four (4) days/ ten (10) hours per day or four (4) days/ nine (9) hours per day and one (1) day/ four (4) hours, etc.
• Temporary Flexible Time. A work alternative that provides the option of occasionally working from a virtual location (e.g., home or a different department or off-campus location) for part of the employee’s assignment.
• Fully Remote Work (FRW). A workplace arrangement where a position is one that is intended for the employee to work remotely without a physical worksite location designated by UNLV.
• Temporary Remote Work (TRW). A workplace arrangement where a position is intended for an employee to work from a location other than their official UNLV designated worksite for no more than three (3) days per week.

Fully Remote Work

Position Designation and Approval. In collaboration with the appointing authority and human resources, administrative faculty position classifications are designated as eligible or ineligible for fully remote work and notated on the position description.

If there is an administrative faculty position or position classification that has not been assigned as eligible for fully remote work, the hiring manager must submit a request to human resources for approval signed by the appropriate supervisor, the vice president or their respective designee, including a justification supporting why the position classification or position should be eligible for fully remote work.

For position classifications that are designated as eligible for fully remote work, satisfactory performance as an eligibility requirement may be waived at the onset. A FWS Agreement should be submitted in the system, by the hiring department for completion and approval upon hire. Even when remote or other flexible work arrangements are included with the offer of hire, they are revocable. A satisfactory rating must be achieved and maintained during performance reviews. If a satisfactory rating is not achieved and maintained, the appointing authority or their designee, should consult with their Employee Relations specialist for guidance.

Classified staff are not eligible for fully remote work. The only exception to this rule is for workers who are permanently stationed outside of the State.

Temporary Remote Work

Position Designation and Approval. In collaboration with the appointing authority and human resources, administrative faculty position classifications are designated as eligible or ineligible for temporary remote work. If there is an administrative faculty position or position classification that has not been assigned as eligible for temporary remote work, the hiring manager must submit a request to human resources for approval signed by the appropriate supervisor, the vice president or their respective designee, including a justification supporting why the position classification or position should be eligible for temporary remote work.

Acceptable justifications for TRW must fall in one or both of the below justifications:

• Hard-To-Fill Positions: A hard-to-fill position is a vacancy that most recruiters find challenging to fill. Most of the time, this kind of job requires specific expertise or experience or has a set of risks or demands that narrows a talent pool.
• Nature of the work: The nature of the work does not require a physical presence in the office or at the UNLV designated worksite location.

Maximum Days. Employees utilizing a Temporary Remote Work schedule are eligible to work from a location other than their official UNLV designated worksite for no more than three (3) working days per week. Days should be consistent and agreed upon by the employee and manager.

Eligibility

Below are the immediate eligibility requirements to qualify for FWS, other than Fully Remote Work:

• An employee must be employed with UNLV in their current position for no less than three (3) months prior to applying for a FWS.
• The duties, responsibilities and scope of an employee’s position can accommodate the request. The quality, quantity, and timeliness of the employee’s work must not be adversely impacted.
• The FWS does not adversely affect the services provided to the department or other operating units, co-workers or the public.
• An employee must be performing at a satisfactory level and has demonstrated a work ethic that can support the FWS, including but limited to, reliable attendance, dependable communication, responsiveness to duties, and the ability to meet deadlines.

Timekeeping

Exempt Administrative Faculty. Exempt administrative faculty are not covered by the overtime requirements of the Fair Labor Standards Act (FLSA). However, exempt staff will need to discuss specific scheduling arrangements with their supervisor, and have an approved electronic FWS Agreement on file in human resources. No work schedule can be implemented that results in a full-time employee working less than 40 hours during the workweek.

Non-Exempt Classified Staff and Administrative Faculty. No work schedule can be implemented that results in a full-time employee working less than 40 hours during the workweek, with the exception of classified staff who maintain a variable workweek schedule.

Non-exempt classified and administrative faculty employees must conform to any overtime, record-keeping, and meal break provisions of the FLSA, Nevada Revised Statues (NRS), and any relevant Nevada Administrative Code (NAC). Therefore, supervisors must ensure accurate recording of hours worked. For non-exempt staff members, Supervisors must pre-approve all hours to be worked in excess of 40 in any workweek. A FWS for a non-exempt employee should not result in overtime.

A 30-minute to one-hour meal period must be provided during each period of work that exceeds six hours. The meal period must occur in the middle of the work shift. A rest period of 15 minutes must be provided for each four-hour period of work and, as much as practicable, and must occur in the middle of the period of work. Meal and rest periods for classified employees covered by a Collective Bargaining Unit must be applied in accordance with the applicable Collective Bargaining Agreement.

Benefits

An employee on a FWS earns the same rate of pay and is eligible for the same benefit programs as if they were working on a traditional or variable (flex) workweek schedule.

Time, Leave and Attendance

The employee is responsible for completing UNLV Workday Timekeeping timesheets in accordance with university policies and procedures. In the event an employee expects to work more than the standard number of hours and wishes to request overtime (in the case of classified and other non- exempt employees), this must be discussed with and approved in advance, in writing, by the supervisor, just as any overtime scheduling would normally have to be approved. Similarly, should an employee wish to request annual leave or sick leave, the individual must do so in advance in accordance with applicable UNLV and/or departmental procedures (except in the event of an emergency). Annual and sick leave accrual schedules will not change for an employee on an approved FWS.

During weeks where the employee is scheduled for business travel, and/or training, for one or more days within a pay period, it is recommended that the flexible work schedule be suspended and reverts to a traditional eight-hour schedule, if utilizing a compressed or flex work week. Advance notice of the change in work schedule is not required under this situation.

At times an employee may be required to come to campus on a day scheduled as a flexible workday. Supervisors will attempt to minimize these schedule alterations, but it is required that the employee comply with such requests. Similarly, there may be weeks where the scheduled flexible work schedule may be temporarily suspended when the nature of the workload requires it. It will be the employee’s responsibility to come into the office as requested during these times.

Administrative Faculty. Generally, managers must provide a 3-day advance notice for schedule alterations. Managers who are unable to provide the full advance notice policy must consult Employee Relations prior to making such a request from the employee. Requests will not be eligible for call-back pay. Travel to and from campus work assignments on days scheduled for alternate worksite assignment is considered ordinary commuting and is not compensable as business travel. Managers that have assignments that are designated away from the alternate worksite and considered off-campus are eligible for travel expense reimbursement in accordance with UNLV’s administrative policies and procedures.

Classified Staff. Generally, managers must provide a 14-day advance notice for schedule alterations. Managers who are unable to provide the full advance notice policy must consult Employee Relations prior to making such a request from the employee. Requests will not be eligible for call-back pay. Travel to and from campus work assignments on days scheduled for alternate worksite assignment is considered ordinary commuting and is not compensable as business travel. Assignments that are designated away from the alternate worksite and considered off-campus are eligible for travel expense reimbursement in accordance with UNLV’s administrative policies and procedures.

Holiday Pay

There will be no change in the holiday schedule. Only eight hours of holiday pay will be provided to the employee. During weeks when paid holidays occur, the FWS should be suspended to revert participant back to a traditional eight-hour schedule so that holiday pay does not reduce or increase the total hours scheduled in the workweek. Advance notice of the change in work schedule is not required under this situation.

If the FWS is not reverted back to the traditional eight-hour schedule, employees must use applicable accrued paid leave (e.g., compensatory time or annual leave) or be placed on leave without pay for any difference between the scheduled work shift and the eight hours of holiday pay.

Duties and Assignments

The employee’s UNLV Position Description Questionnaire (PDQ) or UNLV Work Performance Standards shall be used as a guide to the duties, responsibilities and assignments authorized to be performed at an alternate worksite, under a FWS. Certain exceptions or modifications may be made to the Work Performance Standards or PDQ by a supervisor, upon notice to the employee, for the sake of efficiency. The supervisor reserves the right to assign work as necessary at any worksite related to the employee’s position.

Conditions of Employment

Performance expectations do not change as a result of an approved FWS. An employee with a FWS is subject to the same criteria and process for performance evaluation as would apply without the FWS.

The appointing authority or their designee reserves the right to assign additional work, as necessary, that is in alignment with an employee’s job classification.

Space Allocation

A FWS more specifically, remote working can directly address some of the university concerns of space allocation. For those faculty and staff who are approved to telecommute at 100%, space originally occupied may be released and used to address other needs on campus. Employees that work remotely 50% or more of the time should not be assigned an individual office or work space. In these cases, offices and/or work spaces should be shared resources that may be assigned to multiple employees or identified as a hoteling space. The appointing authority or their designee should consult with HR and space management to discuss positions that are designated as a “remote eligible” position.

Modification

As circumstances, business needs, and job requirements evolve over time, adjustments and modifications to a FWS may become necessary. As with any other work arrangement, FWS should not be considered permanent and should be evaluated on an annual basis to ensure that the arrangements continue to meet the needs of the university. In some situations, it may be necessary to discontinue the original plan or seek an alternative. The process used in revising or ending a FWS should be just as deliberative as when initiating one.

The appointing authority or their designee, in consultation with their unit and the HR Employee Relations specialist, may modify an employee’s FWS, up to and including returning to the unit’s usual and customary working hours and/or location, without the employee’s consent. The reason for the modification should be communicated in writing and in advance to the employee with appropriate revisions made to modify or end the FWS Agreement.

Since a FWS is a business decision, it can be modified or terminated, if necessary, providing a 3-day notice by either party for administrative faculty and a 14-day for classified staff. The space allocation policy in addition to the areas’ space capacity should be reviewed prior to a FWS termination to ensure appropriate space allocation.  Circumstances that could trigger a modification or termination of a flexible work arrangement include:

• Business needs are no longer being met, and/or;
• Job or job requirements change, and/or;
• Performance rating falls below an acceptable level, and/or;
• Current coverage or staffing needs change, and/or;
• Unexpected staff shortage develops, and/or;
• Valid negative client or co-worker feedback is received.

Revocation

At any time, if an employee’s FWS becomes inconsistent with the needs of the university or unit, the employee’s FWS may, upon appropriate notice, depending upon classification, and at the sole discretion of the employee’s supervisor or the appropriate vice president, in consultation with HR, be revoked. The university’s modification or revocation of the arrangement, up to and including defaulting back to the unit’s normal working hours and/or location, is not considered discipline.  Revocation shall not be a valid basis for any grievance, appeal, hearing, or any other cause of action.

If the authorization for a flexible work schedule is withdrawn, the employee will be required to report/return to the office. If an employee chooses not to return on the expected date, this will be considered to be a voluntary resignation and will be treated as such under UNLV’s standard policies.

Written notice pursuant to this section may be hand-delivered to the Employee in person, by email to the Employee’s work email address, or by certified mail with return receipt requested to the Employee’s last known address on file with HR. Because employees working remotely or on a different flexible work schedule are expected to check their work email regularly, notice delivered by email shall be considered delivered when sent.

Classified staff currently must adhere to the 14-day notice period, with no exceptions. However, this timeframe may be subject to change pending future collective bargaining agreements and amendments or additional guidelines from the Division of Human Resources Management – State of Nevada.

Employees who utilize a flexible work schedule are subject to the same UNLV regulations, policies, or procedures as other UNLV employees in the same classification.

The university reserves the right to suspend, cancel, or amend this policy at any time.

Virtual Meeting Expectations

Virtual meetings are considered an extension of face-to-face interaction, fostering a connection between attendees, promoting participation and engagement, and allowing the availability to witness non-verbal cues that are essential to effective work meetings. As such, having cameras on during meetings with less than 10 people is mandatory. In meetings where there are 10 or more, having cameras on is not mandatory due to potential bandwidth concerns. Having cameras off does not preclude the requirement of full participation and engagement.

If there are concerns regarding the location background, it is encouraged that employees utilize one of the free Zoom .

UNLV recognizes that occasionally there may be circumstances that do not allow for cameras to be on, such as:

• There is an interruption or distraction that needs to be addressed; or
• The faculty or staff member is ill and approved to work remotely or is approved to work remotely to care for someone who is ill.

Recognizing that “Zoom fatigue” can occur, it is not recommended that video meetings be required for impromptu meetings that could be addressed via phone, chat, or other non-visual forms of communication.

Best practices that will help provide virtual presence and readiness to interact include, but are not limited to:

• Ensuring that the camera is in a stable position and focused at eye level, if possible. Doing so helps create a more direct sense of engagement with other participants.
• Keeping background noise to a minimum, make sure the microphone is muted when you are not speaking.
• Minimizing network and computer disruptions by closing competing applications. Limit the applications that use processor power and network bandwidth. Many programs are constantly pinging the internet, even when not being used, thus causing bandwidth issues. To engage in the smoothest possible meetings, close any applications not needed to use for the current meeting.

Employee Responsibilities

• For fully remote work, your official work location will be your home address. You are expected to establish and furnish a dedicated workspace that is free from distractions and promotes productivity.
• Maintain a mobile phone plan to enable university applications and communications designated to assist with accessibility during business hours.
• Request any office supplies needed to complete your job assignments. No out-of- pocket expenses will be approved without prior approval of the employee’s supervisor. Individuals will not be reimbursed by UNLV for any overhead expenses related to their alternate worksite (e.g., utilities, repairs, etc.) or travel to the university.
• Assume the cost of installation and maintenance of telephone service, Internet service with a minimum connection speed of 50 Mbps, and any similar communication linkage fees at the alternate worksite.
• Keep all UNLV materials and equipment in a safe and secure area at the alternate worksite.
• Agree to use university-owned equipment, records, and materials for purposes of university business only, and to protect them against unauthorized or accidental access, use, modification, destruction, loss, theft or disclosure. Supervisors must determine equipment standards.
• Understand that if personal equipment is used, UNLV is not responsible for maintenance or upgrade. Please refer to OIT’s webpage for additional information regarding preparation and technology testing.
• Employee is responsible for maintaining the confidentiality and security of any information created or accessed via telecommuting arrangements and for adhering to university rules, regulations, policies, and procedures regarding security and confidentiality for the computer, its data and information including data such as FERPA, FISMA, HIPAA, PCI, PII, AND PHI, and any other information handled in the course of work. Adherence to all policies as set forth by the . Employee will promptly notify their supervisor if a computer containing University information is stolen and/or lost. Employee shall not maintain hard copies of sensitive data at their Alternate Work Site in filing cabinets or other storage devices, unless they are actively working with that information and have received their manager’s written approval. Once the employee completes a task involving sensitive data, that sensitive data must be retained or properly destroyed in accordance with university policies and procedures.

Supervisor Responsibilities

• Regularly review the success and need of the FWS.
• Provide office supplies as needed. Adaptive equipment as designated through the accommodation process need only be accommodated for the primary work location.
• Be responsive and available through email, phone, and video conferencing software.
• Provide the necessary computer, webcam, microphone, speakers, software, and other equipment needed for the employee to do their job. An Equipment Loan Agreement must be completed for each item that is provided to the employee. All items remain the property of UNLV and must be returned upon request at the employee’s expense.
• Establish performance expectations and goals consistent with the position and responsibilities outlined in the position or job description. Establish modes of acceptable communication. Set and communicate work schedules, including regular check-in meetings.
• Provide appropriate notice of expectation to return to original work location as designated for each classification, for on-campus needs.
• Evaluate staff and provide regular performance feedback to the employee as needed.

Remote Work Outside USA

In general, Remote Work is not permitted in foreign jurisdictions. Requests for international Remote Work due to special circumstances must be submitted and reviewed by general counsel, the vice president or dean, Office of International Students and Scholars (OISS), Office of Information Technology (OIT) and Payroll. To consider an international Remote Work request, any such arrangement must be critical to meeting the university’s academic and research mission.

Worker’s Compensation

All work-related injuries incurred by the employee during work hours in the course and scope of employment, as well as any and all work-related illnesses must be reported promptly to .

Indemnification

Any employee who accepts a FWS agrees to indemnify and hold UNLV harmless for any and all injuries to others at any alternate worksite.

Tax Implications

It will be the employee’s responsibility to determine any income tax implications of maintaining an alternate worksite at their home or other location. UNLV will not provide tax guidance, nor will it assume any additional tax liabilities. Individuals are encouraged to consult a qualified tax professional to discuss income tax implications.