Original Issuance Date: May 17, 2021

Last Revision Date: July 30, 2024

Effective Date: August 1, 2024

1.     Policy Purpose

This policy provides a framework for the creation of telecommuting (remote work) agreements authorizing employees to work at alternate work locations.

2.     Responsible UW System Officer

UW System Chief Human Resources Officer

3.     Scope and Institutional Responsibilities

Per Wis. Stat. § 36.115, this policy applies to all UW System Institutions, except UW-Madison.

Institutions may develop their own policies, procedures, and/or guidance, using this System policy as minimum level of restriction.

This policy does not apply to telecommuting (remote work) agreements that are part of a reasonable accommodation under the Americans with Disabilities Act of 1990 or a religious accommodation under Title VII of the Civil Rights Act of 1964.  It also does not apply to telecommuting (remote work) agreements that are part of an accommodation under the Fairness For Pregnant Workers Act, or that are created in connection with an employee’s FMLA or WFMLA leave, nor as part of a light duty return arrangement pursuant to a Worker’s Compensation claim.

4.     Background

Wis. Stat. § 36.115 authorizes and directs the University of Wisconsin System to develop two distinct personnel systems: one for UW-Madison and one for all other UW System institutions. Regent Policy Document 20-21, University Personnel Systems delegates to the President of the UW System or his or her designees the authority to implement and maintain a personnel system for all UW System employees except employees assigned to UW-Madison. The Board of Regents authorizes the President or his or her designees to formulate operating policies to administer this personnel system.

As part of an evolving workforce management strategy, and reflective of both the labor marketplace and an interest in maximizing operational efficiency, the UW System seeks to expand flexibility in working arrangements for our employees.  Telecommuting (remote work) is one tool that may be appropriate for some employees in some positions.  This policy enables, but does not require, universities to establish telecommuting (remote work) arrangements with employees when appropriate and desirable for the institution and the employee.

5.     Definitions

Telecommuting/Remote Work: An employment arrangement in which an employee performs their job functions from an approved alternate worksite (such as the employee’s home) which is not the official office location for the employee’s work unit, on a standard and recurring basis.  For the purposes of this policy and the related forms and documents, the terms “telecommuting”, “remote work” and “telework” are interchangeable and all refer to the concept of remote work under this policy.

Note: An employee who is assigned to work on a regularly scheduled basis exclusively at alternative locations owned or leased by the university is not a remote worker within the scope of this policy.  If the employee also regularly works at an alternative worksite(s) not owned by the university, then they may qualify as a remote worker under this policy. 

Workplace Flexibility: Flexibility in which work is performed at an alternate work site that is not the official office location for the employee’s work unit but on a sporadic basis that does not follow a regular, repeated schedule, such as an unplanned need to work from an alternate site due to illness, weather emergency, temporary school closure, etc.  Workplace flexibility does not require a remote work agreement.

Hybrid-Remote Work: Hybrid remote work is any remote work arrangement where the employee is expected to work on a regularly scheduled basis at a location owned or leased by the university, in addition to regularly scheduled work at an alternate work site.  Most remote work agreements that are less than 100 percent remote will qualify as Hybrid Remote work.

International remote work: Remote work located outside the United States.

Out-of-state remote work: Remote work located outside the state of Wisconsin but within the United States.

Remote work agreement: An agreement that describes the terms and conditions of an employee’s remote work arrangement, including a description of the alternative off-site work arrangement, guidelines for maintaining communication and work engagement, and necessary equipment and services. These agreements include out-of-state and international work agreements.

Headquarters Location: The official location where the work of the employee’s position is performed on a permanent basis; this is typically the campus or institution office.  The headquarters location is determined by the needs of the university and is assigned at the time of hire or upon entering into a remote work agreement.

6.     Policy Statement

It is the policy of the UW System that remote work arrangements are permitted when approved by the employee and their immediate supervisor with notice of the agreement provided to the appropriate Vice Chancellor/Vice President or designee; when it is feasible that an employee could fulfill their job duties from an alternate location for the period covered by the arrangement; and when the remote work arrangement does not disrupt the operations of the UW System.  Remote work arrangements may also be initiated by the employer for any legitimate business purpose.  The decision to authorize a remote work agreement is at the discretion of the supervisor, subject to review by the Chancellor or designee.

A. Criteria and Conditions for Remote Work

1. Authorization of a remote work arrangement must be done on a case-by-case basis. In determining whether authorization of a remote work arrangement is appropriate, the following factors will be considered:
   1. Job responsibilities (e.g., jobs that require physical presence for effective performance are not suitable for remote work);
   2. The effective functioning of the overall unit (e.g., trainees may need in-person assistance; flow of information may be shared more quickly among those physically present; etc.);
   3. Potential cost savings to the university and department;
   4. The needs and preferences of the employee;
   5. Employee performance;
   6. Equipment needs, workspace design considerations, office space and scheduling considerations; and
   7. Adverse impact between employees with similar job responsibilities in the work unit (prevent inequities).
2. To participate in a remote work arrangement, the arrangement must meet the work unit’s operational needs and other conditions of employment, and the employee must successfully perform their job responsibilities and performance expectations (same standard as employees working onsite).
3. The supervisor should communicate in advance what assignments and tasks are appropriate to be performed remotely and what assessment techniques will be used to measure success in meeting performance standards. Performance standards must be consistent across similar roles, regardless of whether employees work remotely or onsite.

B. Duration and Form of the Remote Work Agreement

1. Workplace flexibility, that involves remote work on a sporadic, infrequent basis and does not follow a regular, repeated schedule, is permitted for an eligible employee without a formal written agreement upon the mutual consent of the employee and their supervisor.
2. Remote work arrangements, permitted under this policy, must utilize the approved Telecommuting Agreement Form and must be renewed each fiscal year.
   1. Remote work agreements may not be longer than 1 year in duration and must be updated at the start of each fiscal year or earlier as warranted due to changes in work responsibilities, availability of equipment, or evolving workplace practices.  Each time a remote work agreement is reviewed and updated, the criteria in section 6.A should be freshly reviewed and applied to the remote work request.
   2. Any changes in remote work location during a remote work agreement requires approval by the employee’s supervisor.

C. Determination and Impact of Headquarters Location:

The official location where the work of the employee’s position is performed on a permanent basis; this is typically the campus or institution office.  The headquarters is determined by the needs of the university and is assigned at the time of hire or upon entering into a remote work agreement.

When determining if a remote work agreement impacts an employee’s headquarters location, the following rules apply:

1. Hybrid Work: If an employee is in a hybrid remote work agreement, then the employee’s headquarters location is the position’s assigned office or work location at the university.
2. Fully Remote Work: The headquarters of an employee who voluntarily works remotely, and not as a condition or expectation of the appointment, will be the position’s assigned office or work location.
3. Assigned Fully Remote Work: The headquarters of an employee who is assigned to work from home or an alternate work location, on a full-time basis, as a condition or expectation of employment, is the employee’s home or alternate work location, unless the employee’s alternate work or home location is within eighty-five (85) miles of the position’s normally assigned office or work location, in which case, the headquarters location is the position’s assigned office or work location at the university.
4. Travel Reimbursement: An employee is only eligible for travel reimbursement to the position’s office or work location if their headquarters location is assigned as the alternate work location.
5. An institution’s human resources office must approve any remote work agreement that proposes changing an employee’s headquarters location from the position’s normally assigned office or work location.

D. Roles and Responsibilities

1. Employees are responsible for:
   1. Working with their supervisors and other identified staff to ensure compliance with applicable laws, policies, and procedures;
   2. Making any necessary adjustments for their personal income taxes and benefits, including compliance with state or local income tax laws in states or countries for which tax withholding is not currently supported by UW System Shared Services; and
   3. Working with campus IT staff to ensure any technology necessary to perform their work roles is compatible, secure, and in good working order.
2. Supervisors are responsible for:
   1. Compliance with the automated workflow process;
   2. Consulting with any appropriate offices prior to approving a remote work agreement. Depending on circumstances and the location of the remote workplace, this may include, but is not limited to: the Office of General Counsel, campus or UW System export control subject matter experts, Office of Information Security, Office of Compliance and Risk Management, Office of Human Resources, other relevant institution or system offices; and
   3. Supervisors shall provide remote work employees with specific instructions on how to report and what to do in the event a work-related injury or illness occurs.

E. Limitations

1. The approval or end of a remote work agreement does not affect or change an employee’s salary, benefits, or conditions of employment, including the continued applicability of all policies, procedures and directives applicable to other employees who are not working remotely.
2. Employees who are working remotely are required to attend meetings, work, or other functions away from their alternate work location, if circumstances require such travel.
3. Employees who are not FLSA-exempt must report actual hours worked and may not work overtime, or additional hours that generate night or weekend differentials, without receiving supervisor approval in advance of the overtime work being performed. Night and weekend differentials are not available when a remotely working employee chooses to shift their work hours into a night or weekend period for the employee’s benefit or convenience.
4. Employees who are working remotely will work their approved normal work schedule during the period of the remote work arrangement unless an alternate schedule is agreed upon in advance.
5. Employees who are working remotely must be available during their normal work hours. Employees should be reachable by telephone, video conferencing or some other form of live communication during the workday, as per the arrangements with their supervisor and coworkers.
6. An employee operating under a remote work agreement is subject to the same notification, approval, and reporting requirements for sick leave or other paid time off as if the employee were working at the organization’s primary headquarters.
7. Employees who are working remotely must have general liability homeowner’s or renter’s insurance. Employees are responsible for notifying their homeowner’s or renter’s insurance company of their intent to work from home. Employees may not host UWS business visitors, including other employees, in their home. The employee must provide the employer with evidence of insurance upon request.
8. Employees who are working remotely are responsible for complying with all University of Wisconsin System risk management and information technology security and access policies while in their alternate workspace, as well as any institutional policies covering these subjects, to the same extent as if they were working at their primary headquarters location. The remote workspace and any associated equipment must be configured to maintain the confidentiality of UW System documents.
9. Any remote work agreement which involves the employee working outside of the State of Wisconsin, including locations outside of the United States, requires the approval of the institution’s Office of Human Resources. Institutional Offices of Human Resources must consult with the UW System Administration Office of Human Resources prior to granting approval for out of state remote work.   Such approval shall only be granted after consideration of the factors listed in section 6.F below.  A university may require a supplemental agreement as part of the approval for out-of-state remote work.
10. Maintenance of any university-owned equipment issued to a remotely working employee will be performed only by a university-authorized technician. Maintenance and repair of employee-owned equipment is the responsibility of the employee.
11. Failure to comply with the requirements and provisions of this policy may result in the immediate termination of any remote work arrangement determined not to be in compliance, and/or discipline up to and including termination of employment.

F. Special Considerations for Out-of-State Remote Work Agreements

1. Out-of-State Remote Work
   1. Out-of-state remote work is complex and involves increased costs and legal risks to the University of Wisconsin System due to employment laws, taxation rules, cybersecurity risks, and other compliance requirements in other states. In addition, the UW’s workers’ compensation coverage and employee liability protections do not automatically extend to locations outside the State of Wisconsin, so special arrangements must be made with Risk Management and the Office of General Counsel (OGC) before an employee starts remote work from outside the State of Wisconsin.
   2. The UW System reserves the right to determine in advance whether it will approve an employee’s principal work location to be out-of-state, based on the operational needs of the university and whether the employee can meet performance expectations working out-of-state. Employees currently in state are required to notify their supervisor in advance of their desire to work remotely out-of-state. There may also be instances in which positions, at the point of advertisement/recruiting or during the hiring process, are determined to be eligible for out-of-state remote work arrangements. Institution HR, campus leadership, and the employee’s supervisor decide whether to allow an individual to perform out-of-state work.
   3. An employee who works remotely out-of-state requires additional approval by local institution Human Resources to determine the obligations and compliance responsibilities for UW System as an employer, mitigate potential risks and liabilities, and appropriately inform the employee of their responsibilities. Local institutional Human Resources must consult with UW System Human Resources prior to approval.
2. International Remote Work

Remote Work agreements that are located outside of the United States are International Remote Work. Employing individuals to perform work outside the United States is complex and involves increased costs and legal risks to the University of Wisconsin System due to employment laws, taxation rules, cybersecurity risks, and other compliance requirements in other countries. Approval of international remote work should only be approved if the assignment meets a stated business need of the university and not for the convenience of the employee.

The university’s employee liability protections do not automatically extend to locations outside the State of Wisconsin, so special arrangements must be made with Risk Management and OGC before an employee starts remote work from outside the United States.

Prior to approval for international remote work, the following risks and liabilities need to be addressed between the university, identified campus offices or departments, and the employee. The final arrangements will be reflected in a separate, supplemental International Remote Work Agreement. Approval for international remote work may require the expenditure of significant money on outside legal counsel (arranged through OGC), purchase of additional insurance, and consideration of tax laws, regulatory, or other impacts on the university. Payment for the cost of legal fees and insurance is the responsibility of the university.

1. 1. Employment Laws: As a general rule, employment laws of a host country apply to foreign nationals and U.S. expatriates employed in positions outside the United States. This principle applies to laws relating to dismissal, compensation, taxes, benefits, severance, and furlough, among others. A country may require the UW System to register, seek licensure, create a separate legal entity, or seek other permission to employ individuals in the country. Creation of a separate legal entity will require the approval of the UW System Board of Regents.
   2. Payroll and Benefits: For a foreign national employed outside of the United States, there are tax implications that require substantial and detailed document tracking. Access to benefits can be affected by the availability of a Social Security number, previous health care coverage, and strict enrollment windows.
   3. Data Security: Data security protections may be required based on United States or international laws, regulations, or policies, as well as cybersecurity risks or vulnerabilities, and certain countries’ network access rules. The UW System Office of Information Security is available to review proposed arrangements to provide guidance regarding an international remote worker’s use of technology, equipment, and network access to accomplish their work.
   4. Data Privacy: The data an international remote worker intends to access may be protected by United States, European Union (EU), or other jurisdictions’ laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), or General Data Protection Regulations of the European Union (GDPR). The UW System Office of Compliance is available to proposed arrangements to provide guidance regarding how to reduce risks to the privacy of the data involved. As needed, the Office of Compliance and Integrity also will consult with the Office of the Registrar, Office of General Counsel, and/or other data privacy experts at UW Administration.
   5. Liability Caps and Statutory Immunity: The liability caps and statutory immunity applicable to the UW System do not apply to litigation in a foreign jurisdiction.
   6. Intellectual Property: Foreign and international intellectual property laws may apply to an employee working remotely from another country.
   7. Export Control: A license may be required to provide education services, conduct research, or work for the UW System while outside the United States. No online learning or remote work will take place in countries that are considered restricted by the UW System due to export control. The list of restricted countries is updated occasionally; a current list can be obtained from the Office of General Counsel. In addition, there is a risk to working in countries that are restricted or embargoed by the Departments of State and Treasury, including China and Russia. To ensure export compliance, further control measures may be required.
   8. Worker’s Compensation: UW System’s State of Wisconsin Self-Funded Worker’s Compensation Program does not provide coverage for employees who sustain occupational injury or illness while working outside of the United States under an international remote work arrangement. Special arrangements must be made with Risk Management and the Office of General Counsel before an employee starts international remote work.
   9. Purchasing/Procurement: Purchasing and procurement for employees in foreign countries is complex and involves the university’s obligations under State of Wisconsin rules.
   10. Research and Sponsored Project Awards: Sponsors generally expect to be informed at the time of proposal if research activities will take place outside of the United States. The activities may need approvals, permits, or licenses. For example, employees supported by a National Institute of Health (NIH) award and working in a foreign country may need to notify the NIH Institute/Center through their university’s Office of Research and Sponsored Programs, or functionally equivalent office. If the work performed outside the United States is significant, NIH requires additional approval. Other sponsors need to be notified of work in a foreign country to ensure compliance with sponsor terms and conditions.

G. Equipment, Materials, and Supplies

The needs for equipment, materials, and supplies for remote work employees will vary based on the position.

In general, employees are provided with a single computer (e.g., laptop) for performance of their responsibilities, unless additional equipment is otherwise required by the nature of the work performed. Employees with remote work arrangements are generally expected to provide, at their own cost, internet connectivity at a quality necessary to support their work tasks, including the ability to use university-supported video conferencing tools. For employees who have a hybrid work arrangement, the university will generally not provide a fully equipped workspace at both locations (e.g., provide laptop for use in all work locations.)

Upon termination of the Remote Work Agreement or employment with UW System, the employee must return all university-owned equipment, materials, and supplies to the university.

H. Tax and Benefit Impacts of Remote Work

Remote work allows for flexibility in work options, but it does not change the terms and conditions of employment. Although an employee’s salary and benefits do not change as a result of remote work, there may be payroll, tax, and benefit implications for employees who work remotely from a location outside of the State of Wisconsin or outside the United States. In these instances, institution HR should consult with the payroll and benefits departments in UWSA to determine benefits eligibility, discuss provisions of service, and ensure compliance with relevant payroll and tax laws and regulations.

I. Approval

1. Approval of any remote work agreement is at the discretion of the employee’s supervisor consistent with any rules or directions of the university.
2. Remote work agreements may be discontinued with 30 days’ notice by either the employee or the institution at any time without cause. This time may be extended by mutual agreement or may be shortened either by mutual agreement or if urgent, exigent circumstances require a shorter notice period to meet an important interest of the UW System.
3. Remote work agreements may be modified at any time at the discretion of the employee’s supervisor. Employees should receive reasonable notice in advance of any modification.  The length of the notice should be guided by the interests behind the modification balanced with the employee’s needs.  The length of notice is determined by the supervisor.
4. If an employee is dissatisfied with a supervisor’s decision regarding the approval, modification, or termination of a remote work agreement, the employee may bring any issues or concerns to the institution’s Human Resources department for review and resolution.

7.     Related Documents

Wis. Stat. § 36.115

Regent Policy Document 20-21, University Personnel Systems

Regent Policy Document 25-3, Acceptable Use of Information Technology Resources

Regent Policy Document 25-5, Information Technology: Information Security

UW System Administrative Policy 1230, Workplace Safety

HRS Telecommuting Application and Approval Form (can be accessed through the employees MyUW HRS page)

8.     Policy History

Revision 1: July 30, 2024

First approved: May 17, 2021

9.     Scheduled Review

May 2029