Virginia Polytechnic Institute and State University
Flexible Work Policy (Telework/Hybrid, Remote Work, and Alternate Work Schedule) - No. 4325 - Page 1
Flexible Work Policy (Telework/Hybrid, Remote Work, and Alternate Work Schedule)
1.0 Purpose
The Code of Virginia requires each state agency to establish a telework and alternate work
site policy under which eligible employees may telecommute, for all or part of their
workweek, in order to promote general work efficiencies. Telework or remote work may
also enable departments to respond to certain employee needs, such as the economics of
commuting. Whereas classified staff employees are covered by the Commonwealth’s
Personnel Act and policies set forth by the state’s Department of Human Resource
Management, the terms and conditions of employment for Teaching and Research and
Administrative and Professional Faculty and University Staff are established by the
university’s Board of Visitors. The following policy defines the requirements for
establishing a flexible work arrangement for salaried classified/university staff and faculty.
Implementation guidelines and the online flexible work agreement form can be found on
the Division of Human Resources website under Flexible Work Options
.
2.0 Policy
Flexible work may refer to telework, remote work, alternate work schedule, and/or some
schedule that includes both an alternate work schedule and telework (hybrid). Telework is
defined as allowing employees to work at an alternate location. Remote work is defined as
an employee working full time in an alternate location to the central workplace. Employees
perform essentially the same work that they would in the central workplace in accordance
with their same performance expectations and other agreed upon terms. Flexible work
arrangements may be established for long-term or short-term periods. The
Remote and
Telework Suitability Guidelines have been established to help university leadership,
managers, and supervisors determine which positions and employees are well-suited for
regular or occasional telework/remote work while ensuring the continued, successful
operations of the department or team.
This policy addresses the eligibility of and parameters by which an employee may work in
an alternate location within the Commonwealth of Virginia. A separate policy specifically
addressing the permissibility and associated approval process for out-of-state (i.e., outside
of the Commonwealth of Virginia) work is currently in development. Although many of the
university’s programs, operations, and services are normally performed on university
premises and require the presence of employees at the central workplace, department heads
have the authority to designate positions eligible for flexible work arrangements. While
flexible work arrangements may meet the needs of both the department and the employee,
management has the sole discretion to determine when this is appropriate. Qualified
employees with disabilities may have ADA accommodations for flexible work that are
delineated in an ADA Accommodation Letter authorized by ADA and Accessibility
Services in compliance with the Americans with Disabilities Act, the EEOC regulations
governing Title I of the ADA, and University Policy 4075. For more information, contact
ADA and Accessibility Services (ADAAS), which is further described in
Policy 4075,
University Accommodations of Persons with Disabilities.
No.
4325
Policy Effective Date:
6/22/2015
Last Revision Date:
3/11/2024
Policy Owner:
Bryan Garey
Policy Author: (Contact
Person)
Ellen Banks
Affected Parties:
Faculty
Staff
1.0 Purpose
2.0 Policy
3.0 Procedures
4.0 Definitions
5.0 References
6.0 Approval and
Revisions
Virginia Polytechnic Institute and State University
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Approvals for flexible work should be made on a case-by-case basis. The approval of a position for flexible work
does not mean that any employee who later may fill that same position would be authorized to work under a
flexible work arrangement. The position should be periodically re-evaluated, typically on an annual basis, to
determine if flexible work continues to best meet the department's needs. If flexible work is expected as a condition
of employment, the job announcement should include a statement describing this requirement.
2.1 Flexible Work Agreement
Work performed in alternate work locations is considered official university business; therefore, departments may
establish specific conditions that apply to employees engaged in flexible work. Prior to beginning a flexible work
arrangement, a formal flexible work agreement must be executed by both parties.
Additionally, classified staff are subject to the Commonwealth of Virginia’s DHRM Policy 1.61 Teleworking
,
which requires that state telework agreements be renewed every year, effective July 1 to June 30 of each year,
subject to the approval of the employee’s supervisor, the agency the employee works for, and by the state.
2.1.1 Exceptions to Formal Flexible Work Agreement
2.1.1.1 T&R Faculty
It is an accepted practice for teaching and research faculty (T&R), defined as tenure-track, tenured, instructional
faculty not on the tenure-track, research and Extension faculty per the Faculty Handbook, to carry out their work
with varied schedules on campus and at alternate locations, including the delivery of distance-learning courses.
Normally, a formal flexible work agreement will not be required for T&R faculty unless the normal work
assignment is consistently at an alternate location (i.e., not the standard assigned office). A flexible work agreement
is required if a faculty member will be at an alternate work location for more than 10 consecutive weekdays, and
department heads or supervisors may require a flexible work agreement for faculty who are routinely but
intermittently at an alternate location on a regular schedule.
For T&R faculty, flexible work agreements are not required during the summer for those on academic year
contracts not receiving additional summer salary, who are on research or special leave, who are on a change of duty
station, on approved official travel, or whose location is otherwise appropriately documented and approved as part
of a Virginia Tech sponsored program or activity within the Commonwealth of Virginia.
2.1.1.2 All Employees
On occasion, a department may also determine that employees may need to work at alternate work sites for a few
days to accommodate unusual circumstances, such as a brief office closing for renovations or relocation. In such
cases, a formal flexible work agreement is not required, but the situation should be documented for department files
by memorandum or email, specifying work expectations and duration.
2.1.2 Termination of the Flexible Work Agreement
Management reserves the right to end the flexible work arrangement at any time, except when an employee has a
flexible work agreement as a reasonable accommodation under the Americans with Disabilities Act, as amended. In
that case ADA and Accessibility Services must be contacted prior to ending a flexible work agreement. Two weeks'
notice prior to the end of the agreement will be given whenever possible. Employees may be required to return to
the central workplace if management feels it is in the best interest of the unit or department and/or the employee to
end the arrangement, either permanently or temporarily.
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2.2 General Expectations and Conditions
There are a variety of issues which the supervisor and employee should discuss before implementing a flexible
work agreement. Review the Remote and Telework Suitability Guide
or contact the Division of Human Resources
for assistance.
An employee’s classification, compensation and benefits will not change upon implementation of flexible work.
2.2.1 Hours of Work
The amount of time the employee is expected to work will not change due to participation in a flexible work
agreement. Hours of work should remain the same unless specified in the agreement. The employee agrees to apply
themselves to work during work hours. The procedures for approval of overtime and the approval and use of leave
should also be specified.
Nonexempt employees are responsible for reporting all hours worked each week. Failure to report time, like failure
to obtain approval for overtime, can result in the termination of the flexible work arrangement or other disciplinary
action.
2.2.2 Flexible Work Objective
The opportunity of flexible work is not intended to be used in place of leave, nor is flexible work designed as a
substitute for child or adult care. If children or adults in need of care are in the home during the employee's at-home
working hours, another individual should be present to provide the primary care.
2.2.3 Compliance with Policies
Employees must agree to comply with university rules, policies, practices, and instructions and understand that
violation of such may result in the termination of the flexible work arrangement and/or disciplinary action, up to
and including dismissal.
2.2.4 Security of Agency Information and Records
Employees are responsible for the security of all documents and records in their possession, whether at the central
workplace or at an alternate work location, and must adhere to the university’s security procedures to ensure
confidentiality and security of data. Any use of restricted-access information or materials at an alternate work
location must be approved and described in the flexible work agreement, along with procedures for removing and
returning those materials. See Policy 7025, Safeguarding Nonpublic Customer Information and
Policy 1060, Policy
on Social Security Numbers.
2.2.5 Authorized Closing
During an authorized closing, employees who telework or work remotely on authorized flexible work arrangements
are subject to the applicable provisions under Policy 4305, Authorized Closings Leave and Compensation Policy
.
In general, non-emergency personnel who telework or work remotely on authorized flexible work arrangements are
expected to continue working their normal schedule and are not eligible for the authorized closing and will not earn
compensatory leave.
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2.2.6 Equipment and Materials
Employees may be authorized to use their own equipment. University-owned equipment will be inventoried and
documented as described in Policy 3950, Fixed Asset Accounting and associated
Controller’s Office Procedure
Fixed Asset Accounting Procedures. Where agreements specify, the department may provide equipment and
materials needed by employees to effectively perform their duties; however, they are not required to do so. The
department is responsible for providing reasonable accommodations, as specified and authorized in an ADA
Accommodation Letter by ADA and Accessibility Services for qualified employees with disabilities in compliance
with the Americans with Disabilities Act, the EEOC regulations governing Title I of the ADA, and University
Policy 4075. Accommodations may include, but are not limited to, electronic and/or other equipment as authorized
in an accommodation letter. All employees are responsible for ensuring connectivity to the internet in order to work
remotely.
Employees must agree to use equipment provided by the department and supplies for business purposes only and to
notify the supervisor immediately of equipment malfunction in order to schedule repair or replacement. All
university equipment located at an employee's alternate work location is fully insured. Any damage or theft of the
equipment should immediately be reported to the supervisor. University-owned equipment used in the normal
course of employment will be maintained and repaired by the department. When employees are authorized to use
their own equipment, the department will not assume responsibility for costs of repairs, maintenance, or service.
2.2.7 Other Costs
Departments may provide a monthly Remote Work Location Allowance for internet service at an employee’s
remote work location, cell phones for business use, or reimburse an employee for business-related long distance
calls made from their personal telephones. The necessity for international calls should be discussed with the
department head ahead of time. However, the university is not responsible for operating costs (such as electric
bills), home maintenance, or other costs incurred by employees in the use of their homes as alternate work
locations. In addition, Policy 3960, Mobile Communication Devices
, the Controller’s Office has two procedures,
Procedure 24000a: Expenditures for Remote Work Assignment and Procedure 24000b: Remote Work Location
Allowance, that provide guidance for departments and employees on remote work expenditures ensuring good
stewardship of university resources.
2.2.8 Liability
The university assumes no responsibility for injuries occurring in the employee's alternate work location outside the
agreed upon work hours, or for liability damages to employee’s real or personal property resulting from
participation in the flexible work program. General liability insurance protecting the actions of all Virginia Tech
agents is provided 365 days per year subject to the provisions of the insurance policy in effect at the time.
Workers' compensation coverage is limited to designated work areas in employees' homes or alternate work
locations. Employees agree to practice the same safety habits they would use at the central workplace and to
maintain safe conditions in their alternate work locations. Employees must follow normal procedures for reporting
illness or injury.
2.2.9 Safety Confirmation
As they deem necessary, departments may wish to include additional and explicit conditions or safety precautions
in their flexible work agreements that require employees to:
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maintain safe work conditions and practice appropriate safety habits,
confirm that the work location is free from hazards, and
notify their supervisors immediately of any injury incurred working.
3.0 Procedures
Where flexible work is appropriate, the employee must complete and the department approves the flexible work
agreement that incorporates the employee’s conditions of employment. The online agreement form and guidelines
for evaluating and implementing flexible work agreements are provided on the Division of Human Resources
website. For classified staff, the state telework agreement can be completed online.
The executed, electronic flexible work agreement for all eligible salaried employees or state telework agreement for
classified staff shall be maintained by the Division of Human Resources in accordance with the Virginia Public
Records Act. The termination of such an agreement should be in writing, with a copy sent to the Division of Human
Resources.
4.0 Definitions
Flexible workWork that may include telework, remote work, alternate work schedule, and/or some schedule that
includes both an alternate work schedule and telework (hybrid)
TeleworkA work arrangement in which supervisors direct or permit employees to perform their usual job duties
away from their central workplace in accordance with the flexible work agreement.
Remote work – A work arrangement in which supervisors permit employees to perform their usual job duties, full
time in an alternate work location in accordance with the flexible work agreement. Alternate work location
Approved work sites other than the central workplace where official university business is performed. Such
locations may include, but are not limited to, employees’ homes and satellite offices.
Central workplace – The university location where the employee normally performs her/his duties.
Flexible work agreementThe written agreement between the employer and employee that details the terms and
conditions of an employee’s work away from the central workplace.
5.0 References
Policy 1060, Policy on Social Security Numbers
https://www.policies.vt.edu/assets/1060.pdf
Policy 3950, Fixed Asset Accounting
https://policies.vt.edu/assets/3950.pdf
Policy 3960, Mobile Communication Devices
https://policies.vt.edu/assets/3960.pdf
Policy 4075, Accommodations of Persons with Disabilities
https://www.policies.vt.edu/assets/4075.pdf
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Policy 4300, Hours of Work
https://www.policies.vt.edu/assets/4300.pdf
Policy 4305, Authorized Closings
https://www.policies.vt.edu/assets/4305.pdf
Policy 4415, Workers’ Compensation
https://www.policies.vt.edu/assets/4415.pdf
Policy 7025, Safeguarding Nonpublic Customer Information
https://www.policies.vt.edu/assets/7025.pdf
Controller’s Office Procedure, Fixed Assets Accounting Procedures
https://www.controller.vt.edu/content/dam/controller_vt_edu/procedures/fixedassets/procedure_policy_395
0.pdf
Controller’s Office Procedure 24000a: Expenditures for Remote Work Assignment
https://www.controller.vt.edu/content/dam/controller_vt_edu/procedures/accountspayable/24000a.pdf
Controller’s Office Procedure 24000b: Remote Work Location Allowance
https://www.controller.vt.edu/content/dam/controller_vt_edu/procedures/accountspayable/24000b.pdf
Code of Virginia § 2.2-203.1
https://law.lis.virginia.gov/vacode/title2.2/chapter2/section2.2-203.1/
Code of Virginia § 2.2-2817.1
https://law.lis.virginia.gov/vacode/title2.2/chapter28/section2.2-2817.1/
Department of Human Resource Management, Policy 1.60, Standards of Conduct
https://www.dhrm.virginia.gov/docs/default-
source/hrpolicy/pol1_60e214b7db15ca42e39319ec28bdb14c09.pdf?sfvrsn=e678c84_6
Department of Human Resource Management, Policy 1.61, Teleworking
https://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol1_61.pdf
Telework and Remote Work Suitability Guidelines
https://www.hr.vt.edu/benefits/optional-benefits/telework-information/remote-telework-guidelines.html
6.0 Approval and Revisions
Approved April 12, 1996, by Associate Vice President for Personnel and Administrative Services, Ann Spencer.
Revision 1
Section 2.13, Hours of Work, was revised to include responsibilities of employees and the implications
to employees if they fail to obtain approval for overtime. Also mentioned is a reminder to supervisors
of employee responsibilities in record keeping.
Other minor clarifications made.
Approved September 4, 1999, by Assistant Vice President of Personnel Services, Linda Woodard.
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October 10, 2001: Technical corrections to update policy links and name change for the Commonwealth of
Virginia’s Department of Human Resource Management (formerly Department of Personnel and Training).
July 18, 2008: Technical corrections to update policy links and name change for Human Resources Department
(formerly Personnel Services).
Revision 2
Modified policy to add additional information, changed the paragraph on authorized closing to allow
employees under a telework arrangement to be treated the same as those in the central workplace, reworded
“telecommuting” to “telework” clarified paragraph on security of agency information and records, updated
URLs, changed paragraph on telework agreement to indicate that original form remains in employee file,
with a copy forwarded to HR, eliminated the safety checklist to mirror the updated DHRM policy at
http://www.dhrm.virginia.gov/docs/default-source/hrpolicy/pol1_61.pdf?sfvrsn=2
.
Approved December 15, 2008 by Sherwood G. Wilson, Vice President for Administrative Services.
Revision 3
Technical corrections to update website links.
Approved February 19, 2010 by Vice President for Administrative Services, Sherwood G. Wilson.
Revision 4
Technical corrections to update website links.
Section 2.2.9 Changed section to reflect rewording of DHRM policy.
Approved March 29, 2011 by Vice President for Administrative Services, Sherwood G. Wilson.
Revision 5
Technical corrections to reflect ability to complete agreements online and to update references and links.
Approved February 18, 2013 by Vice President for Administrative Services, Sherwood G. Wilson.
Revision 6
Technical corrections to update website links.
Approved June 22, 2015 by Vice President for Administration, Sherwood G. Wilson.
Revision 7
In Section 2.0, updated responsible office from Human Resources to ADA and Accessibility Services,
and, along with Section 2.2.6, added language to comply with the Americans with Disabilities Act, the
EEOC regulations governing Title I of the ADA, and Policy 4075.
In Section 2.2.5, clarifying language to address impact of authorized closings on employees who
telework on authorized telework arrangements.
In Section 4.0, updated definition for Telework.
Technical updates to web links, references, and grammar.
Approved February12, 2021 by Vice President for Human Resources, Bryan Garey.
Virginia Polytechnic Institute and State University
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Revision 8
Changed title to Flexible Work Policy (Telework/Hybrid, Remote Work, and Alternate Work
Schedule)
Updated references to include “flexible work” throughout policy to provide consistency with other HR
flexible work and remote work documentation.
In Section 1.0, updated to clarify the applicability of the policy.
In Section 2.0, added reference to the Telework and Remote Work Suitability Guidelines.
In Section 2.1, added language referencing the DHRM’s teleworking policy for classified staff.
In Section 2.1.1, added language clarifying the use of the flexible work agreement for T&R faculty.
In Section 2.1.2, added language clarifying ADA and Accessibility Services’ role and the amount of
notice that should be given upon termination of a flexible work agreement.
In Section 2.2.6, added references and links to Policy 3960, Policy 3950 and associated Controller’s
Office Procedure and language clarifying ADA and Accessibility Services’ role and the responsibility
of employees to maintain their own internet service in order to work remotely.
In Section 2.2.7, references to applicable Controller’s Office procedures.
In Section 4.0, added definitions for “remote work” and “flexible work.”
In Section 5.0, added references and links to Policy 3960, Policy 3950, and associated Controller’s
Office Procedure.
Technical updates to web links, references, and grammar.
Approved March 11, 2024 by Vice President for Human Resources, Bryan Garey.