Office of Human Resources * 610 French Road *New Hartford, NY 13413 Alternative Work Arrangement Agreement This Alternative Work Arrangement Agreement is designed to document alternative work arrangements, which include alternative work schedules and/or locations as outlined in the Alternative Work Arrangements policy. This form is located on the Office of Human Resources website at (http://www.utica.edu/hr/). Section 1: GENERAL INFORMATION The following constitutes an Alternative Work Arrangement Agreement between: _______________________________________________ (please print) Utica College Supervisor/Manager/Dean _______________________________________________ (please print) Employee ________________________________________________ (please print) Employee Job Title ________________________________________________ (please print) Department FLSA Status: Non-exempt (overtime eligible) Exempt Alternative Work Arrangement Option (check all that apply): Alternative Work Schedule. Includes Flex Time, Compressed Work Week, Extended Work Week, or any other temporary* change to a work schedule. Complete a sample two-week schedule and attach to this form. Alternative Work Location (Telecommuting). Enter address and telephone number of site below. Address: ________________________________________________________________ ________________________________________________________________________ Telephone: _______________________ * For the purposes of this form, “temporary” is generally defined as a period of up to six months. Beyond six months, the change should be formalized in a memorandum to the employee’s personnel file, signed by the employee and supervisor. 1 Section 2: EMPLOYEE TERMS AND CONDITIONS FOR THE ALTERNATIVE WORK ARRANGEMENT The employee agrees to participate in the alternative work arrangement outlined above and agrees to adhere to all applicable guidelines. The department supervisor reviews all requests from his or her areas of responsibility, recommends the employee’s participation, and agrees to adhere to the applicable guidelines. The Office of Human Resources will audit the agreement for compliance with all College and Office of Human Resources policies as well as state and federal laws. The supervisor and employee should initially review the Agreement after three months and, if necessary, revise the work arrangement. A. Duration. The agreement will be valid beginning __________ and ending __________ (end date can be no longer than 15 months from the start date). Prior to the end of the agreement, a review will be conducted which will result in continuation or termination of the agreement. Date of initial 90 day review (required):__________. Alternative Work Schedule Agreement must be renewed annually. B. Pay and Attendance. All pay, leave, and benefits will be based upon the employee’s official classification. Employees’ time and attendance will be recorded as performing official duties of the official position classification. The employee remains responsible for accurate and timely completion of the timesheet. C. Leave. Employees must obtain supervisory approval before taking leave in accordance with established policy and office procedures. By signing this form, the employee agrees to follow established procedures for requesting and obtaining approval of leave. D. Leave (compressed schedules only). Employees working a compressed schedule must account for their individual workdays, which may be extended for the purposes of recording leave. For example, if an employee working four 10-hour days is absent for one day due to illness, he/she will need to record 10 hours of sick leave. E. Holiday Pay (compressed schedules only). If a paid college holiday falls on the employee’s regularly scheduled work day, the employee will be credited with a full day of holiday pay for that day, based on his or her scheduled work hours. For example, if an employee’s arrangement includes a 10-hour work day, he or she will be credited with an entire day of pay (10 hours of pay) for the recognized holiday. 2 F. Accessibility. The use of an alternative work option does not preclude an employee from adhering to attendance rules. It also does not preclude an employee’s attendance, if necessary, at meetings, training sessions, or similar events or occurrences scheduled on days or at times when the employee would customarily not be working due to an alternative work schedule. G. Overtime. The employee will continue to work in his or her current FLSA (Fair Labor Standards Act) status while working an alternative work arrangement. If the employee works overtime that has been ordered and approved in advance, he or she will be compensated in accordance with applicable policy and regulations. The employee understands that the supervisor will not accept the results of unapproved overtime work and will act vigorously to discourage it. By signing this agreement, the employee agrees that failing to obtain proper approval for overtime work may result in cancellation of the alternative work arrangement or other appropriate action. H. Performance Evaluation. The evaluation of the employee’s job performance will be based upon current performance expectations, performance standards, and an evaluation of the outcomes/results as agreed upon between the employee and the supervisor. The employee’s most recent performance appraisal must indicate that he or she is performing at least a “Meets Standards” level. The employee must continue to perform at that level or higher to continue the alternative work arrangement. Terms and Conditions Specific to Telecommuting: A. Work Assignments. The employee will meet with the supervisor on a regular and on-going basis to receive specific assignments and duties, to identify measurable outcomes and/or results, and to review work in progress as well as completed work. The employee is to complete all assigned work according to work procedures mutually agreed upon by the employee and the supervisor according to standard operating procedures. The employee agrees to limit performance of official assigned duties to the central workplace or department-approved alternative work site within agreed upon hours. Failure to comply with this provision may result in nullifying the alternative work arrangement and/or other appropriate disciplinary action. B. Telecommuting Work Evaluation/Participation. The employee and supervisor agree to promptly complete and submit telecommuting work evaluation materials and to attend periodic group meetings as required by Utica College. 3 C. College-owned Equipment/Assets. Within the confines of restrictive budgets and the limited availability of equipment, in order to effectively perform assigned tasks, employees may be permitted to use Utica College equipment at their telecommuting location with the approval of their supervisor. Utica College-provided equipment for the home is not an entitlement, will vary based upon the needs of a particular job or assignment, and should be cared for and kept up to date in the same manner as if located on campus. The equipment must be protected against damage and unauthorized use. Unless otherwise specified, the employee is responsible for transporting loaned equipment to/from Utica College for service and maintenance. All loaned equipment will be serviced and maintained by Utica College. If feasible, this may mean transporting the equipment to campus. If not feasible, Utica College IITS staff members may provide assistance via e-mail or telephone. Utica College-owned equipment being used at a telecommuting location should be noted in Section 3 of this agreement. Upon termination of the alternative work arrangement, the employee must return College equipment in the same condition in which it was originally received, minus normal wear and tear. The employee is personally responsible for missing or damaged equipment. Equipment provided by the employee will be at no cost to Utica College and will be maintained by the employee. Neither the College nor the department will be liable for damages to an employee’s personal or real property during the course of performance of official duties or while using department equipment in the employee’s residence. In order to protect the College’s network and data, employeeprovided equipment must meet the same standards as Utica College equipment. Examples of meeting standards include but are not limited to keeping software up to date, keeping current on antivirus protection, and the encryption of any sensitive data that must be stored on the machine. IITS staff members will provide guidance in meeting College standards. Employees must use one of the available safe methods for connecting from a home machine to the Utica College network. If a secure option is not available, the supervisor may determine that certain work cannot be done from home. To further promote network security, employees must take great care when using the Internet and opening 4 email attachments. No unapproved software should be installed on the machine for the purposes of doing Utica College work. For more information, see the Responsible Use of College Computing Resources policy. D. Safety Confirmation. The employee confirms that the alternative work location is, to the best of his or her knowledge, free of recognized hazards that would cause physical harm (such as no frayed or loose electrical wires; clean, dry and level floor surfaces; phone lines and electrical cords are properly secured, etc.). The employee further confirms that, to the best of his or her knowledge, the space is free of asbestos-containing materials. If asbestos-containing materials are present, they are undamaged and in good condition. The employee agrees to maintain safe work conditions in the off-site workspace and to practice the same safety habits in the designation off-site workspace as his or her office on Utica College premises. Utica College reserves the right to conduct a site visit to the alternative workspace to determine that it is safe and free from hazards. Any inspection will occur within normal work hours and with a 24 hour notice to the employee. E. Reimbursement. Utica College will not be responsible for operating costs, home maintenance, or any other incidental cost (e.g. utilities) whatsoever, associated with the use of the employee’s residence. Reimbursable expenses, long distance phone, or ISP costs, and use of office supplies, will be discussed between the department and the employee. Reimbursement for authorized expenses will follow Utica College and state accounting policies. F. Worker’s Compensation. The employee is covered under the Worker’s Compensation Law for injuries suffered arising out of and in the course of performing official duties at the telecommuting location during the set work hours, but must immediately inform his or her supervisor and the Office of Human Resources, who are required to file a claim and may be required to investigate the incident. G. Records. The employee will apply approved safeguards to protect Utica College records from unauthorized disclosure or damage and will comply with all public record requirements. Work done at the telecommuting location is considered official Utica College business. All records, papers and correspondence must be safeguarded for their 5 return to the official location. Release or destruction of any records should only be done at the official location. H. Emergency Situations. If there is an emergency and/or lifethreatening event, the employee should notify his/her immediate supervisor. The employee agrees that important Utica College telephone numbers, such as the name and telephone number of his or her immediate supervisor as well as that of the Office of Human Resources, are posted in a visible location. The employee agrees to inform members of his or her household that it is necessary that Utica College and the Office of Human Resources be contacted immediately in the event of a life-threatening emergency. I. Child/Elder/Dependent Care. The telecommuter is expected to manage dependent care or personal responsibilities in a way that allows him or her to successfully meet job requirements and responsibilities. Telecommuting work is not a substitute for child care or other dependent care. It is expected that the employee is not providing child or dependent care during set work hours. J. Income Tax Regulations. Tax or other legal implications for the business use of the employee’s home will be based on restrictions and regulations set forth by the Internal Revenue Service and state and local governments. Responsibility for fulfilling obligations in this area rests solely with the employee. K. Curtailment of the Agreement. The employee may terminate participation in this agreement at any time unless flexible work was a condition of employment. However, management will provide a 48hour notice if the agreement is to be terminated. Management has the right to remove the employee from the alternative work arrangement at any time. Employees may be withdrawn from the alternative work arrangement for reasons to include, but not limited to, declining performance and organizational benefit. Such withdrawal must be accomplished in accordance with established policies and procedures. It is possible that factors outside the College’s control could impact the continuation of the agreement. In the event that the supervisory reporting relationship changes, please note that this agreement is not binding and may be subject to review or cancellation. The employee agrees to perform only officially assigned College duties at the approved telecommuting location or through official attendance at Utica College-related meetings. 6 Section 3: UTICA COLLEGE EQUIPMENT ASSETS The Utica College property listed below is being borrowed for use in connection with Utica College business only, must be located in the designated telecommuting location, and will be returned to Utica College at the expiration of this agreement. The employee agrees to accept listed equipment and understands that its use is for Utica College business only and must be protected against damage. All loaned equipment will be serviced and maintained by Utica College. Unless otherwise specified, the employee is responsible for transporting loaned equipment to and from Utica College for service and maintenance. Departments are advised that all Utica College property is covered under Utica College’s risk management plan and is subject to all conditions and deductibles as stipulated under the plan. In the event that equipment is temporarily inoperable, the teleworker/remote worker and supervisor are to reach an understanding of whether the employee has other work assignments that can be accomplished. If there are none, the employee may be asked to report to Utica College within a reasonable timeframe to complete work. Description of Item Quantity ID/Bar Code Number Utica College Information Systems to be accessed from alternative work location (if any): Description of System/Program Quantity Networked or Stand-alone 7 Section 4: SIGNATURES AND APPROVAL: I have read and understand Utica College’s Alternative Work Arrangement policy and procedures and the College’s technology security standards relating to remote access, if applicable, and I agree to the conditions detailed above. ______________________________________________ __________________ Employee Date ______________________________________________ __________________ Supervisor Date ______________________________________________ __________________ Department Head Date ______________________________________________ __________________ Office of Human Resources Date Original signed document to be filed in the Office of Human Resources. The employee and the supervisor must keep copies. Alternative Work Arrangement agreements must be, at a minimum, reviewed annually with a new signed agreement submitted to the Office of Human Resources. 8