I. Purpose
A. Anne Arundel Community College (“College”) recognizes the value of flexible work arrangements, including telework and alternative work schedules and arrangements, to meet the needs of our students and employees; to recruit and retain employees; to increase job satisfaction; to assist in efforts to improve the environment and traffic congestion through reduction of travel by eligible employees; and to comply with applicable law.
B. Anne Arundel Community College (“College”) recognizes that the flexible work arrangements may be mutually beneficial to employees and the College when the nature of the employee’s work, the College’s business and operational needs, and the skills and abilities of the employee indicate that allowing the employee to utilize a flexible work arrangement is in the best interest of the College.
II. Scope and Applicability
A. This Policy applies to professional and support staff; administrative staff; and contractual employees.
B. This Policy only applies to a temporary employee if the temporary employee’s job description specifically states that the position is eligible for a flexible work arrangement.
C. Faculty
1. It is an accepted practice for full-time and part-time faculty members to carry out their work with varied schedules on campus and at alternate locations.
2. Faculty members are not required to enter into a formal Telework or Alternative Work Agreement, as set forth below and in the applicable Procedures.
3. Faculty members, however, are subject to the requirement to work in an Approved State, as defined below, must comply with the Information Security Telework Guidelines, and must comply with the provisions of this Policy and the accompanying Procedures if explicitly stated that the provision applies to faculty.
4. Faculty members may be subject to Mandated Telework in accordance with this Policy and the Telework Procedure.
D. This Policy does not apply to a request for a flexible work arrangement as a reasonable accommodation under the Americans with Disabilities Act. Such requests should be submitted to the Office of Human Resources, using forms available upon request.
III. Definitions
A. Alternative Work Schedule Application and Agreement means a written document that details the terms and conditions for an Eligible Employee to participate in an Alternative Work Schedule that is signed by the Eligible Employee, the Supervisor, and the Second Level Supervisor, and maintained by HR.
B. Alternative Work Schedule includes flexible work schedules as defined in the Alternative Work Schedule Procedure.
C. Approved States are the States within the United States in which the College will permit employees to work at a Telework Location as set forth in the Telework Procedure.
D. College Location means the usual and customary worksite that has been assigned to an employee by the College on property that is owned, leased, or operated by the College.
E. College Officer means the President or a Vice President.
F. Eligible Employee means a College employee who holds or has been hired for a position at the College that includes job duties determined by the employee’s Supervisor and Second Level Supervisor to be suitable for a Flexible Work Arrangement in accordance with the applicable Procedure.
G. Flexible Work Arrangement includes Alternative Work Schedules and Telework.
H. HR is the Office of Human Resources.
I. Information Security Telework Guidelines are the general rules regarding Telework and the use of information and instructional technology while Teleworking.
J. OSHA means the Occupational Safety and Health Act and related regulations.
K. Overtime means the hours worked over forty (40) hours in a workweek by a non-exempt employee.
L. Procedures refers collectively to the Telework Procedure and the Alternative Work Schedule Procedure.
M. Second Level Supervisor is the College employee to whom the Supervisor directly reports. For employees who directly report to a Vice President, the President is the Second Level Supervisor. For employees who directly report to the President, the President is the Second Level Supervisor.
N. Supervisor is the College employee to whom the employee directly reports.
O. Telework means to perform job duties and responsibilities at an approved Telework Location. Types of Telework include:
1. Regular Telework means to Telework on a regular, recurring basis, including up to five (5) days per week or part of each workday, which has been memorialized in a Telework Agreement signed by the Eligible Employee, the Supervisor, and the Second Level Supervisor, and maintained by HR.
2. Situational Telework means Telework that is approved by an employee’s Supervisor on a case-by-case basis for a limited period of time and is confirmed in writing but does not require a Telework Agreement or approval by HR. Instances in which Situational Telework may be approved include, but are not limited to, in order to maximize productivity when the employee’s availability may be impacted by personal appointments; short-term illness that prevents the employee from coming to work at a College Location; special work assignments; or operational needs.
3. Mandated Telework means Telework that is assigned by a College Officer or the Supervisor to an employee, group of employees, or all employees and is confirmed in writing but does not require a Telework Agreement or approval by HR. Instances in which Mandated Telework may be appropriate include, but are not limited to, inclement weather; natural disasters; pandemics, epidemics, or other public health emergencies; emergency situations regarding health and safety; government orders; incidents that result in College closure; unforeseen incidents; or operational needs.
P. Telework Application and Agreement is a written document that details the terms and conditions for an Eligible Employee to Telework at an approved Telework Location that is signed by the Eligible Employee, the Supervisor, and the Second Level Supervisor, and maintained by HR.
Q. Telework Location means a location other than a traditional office setting or an Eligible Employee’s usual and customary worksite, including but not limited to, the Eligible Employee’s home, satellite office, or telework center, and has been approved in accordance with the Telework Procedure.
R. Written or in writing means in the form of a letter, document, email, or electronic communication or transmission.
IV. Participation in Flexible Work Arrangements
A. Flexible Work Arrangements may not be suitable for all employees, job classes, and/or positions.
1. An employee who wishes to enter into a Flexible Work Arrangement must follow the applicable Procedure.
2. The College will determine whether an employee is an Eligible Employee in accordance with the eligibility criteria established in the applicable Procedure.
3. With the exception of Situational and Mandated Telework, Flexible Work Arrangements for an employee must be approved, in advance of the planned start date, by the Supervisor and the Second Level Supervisor.
a. The Flexible Work Arrangement must be documented in a Telework Application and Agreement and/or Alternative Work Application and Agreement in accordance with the applicable Procedure.
b. Telework Agreements and/or Alternative Work Agreements must state that the agreement will be governed by Maryland law and any claims arising out of the Eligible Employee’s employment relationship with the College or arising out of the agreement may only be enforced in a court of competent jurisdiction within the State of Maryland.
c. A faculty member’s Telework Location is presumed to be the faculty member’s home address on file with HR unless the faculty member informs the Supervisor and HR that the faculty member will Telework from another location within an Approved State.
4. Situational Telework for an employee must be approved, in advance of the scheduled work time, by the Supervisor and must be confirmed in writing in accordance with the Telework Procedure.
5. Mandated Telework must be directed by a College Officer or the Supervisor and must be confirmed in writing in accordance with the Telework Procedure.
6. Unless a Flexible Work Arrangement is a condition of employment, Flexible Work Arrangements are a privilege, not an employee benefit or entitlement.
7. Condition of Employment
a. Generally, participation in a Flexible Work Arrangement is the subject of mutual agreement between the College and the employee; however, Flexible Work Arrangements may be a condition of employment for certain positions, based on the College’s business and operational needs.
b. If a Flexible Work Arrangement is a condition of employment for a position, HR will include a statement regarding the type of Flexible Work Arrangement that is a condition of employment in the advertisement for the position and in the position job description.
B. An Eligible Employee who participates in Flexible Work Arrangements must comply with all College policies, procedures, rules, manuals, and handbooks, including, but not limited to, those regarding confidentiality; disclosure of information; conflict of interest; and acceptable use of information technology resources.
C. The Vice President of Information and Instructional Technology will maintain Information Security Telework Guidelines to ensure the adequacy of information and security protection for information and information systems and that meet or exceed the minimum standards required by law.
1. An employee who participates in a Telework Agreement, Situational Telework, or Mandated Telework must comply with the Information Security Telework Guidelines.
2. A faculty member who performs job duties outside of a College Location must comply with the Information Security Telework Guidelines and the Telework Location restrictions set forth below and in the Telework Procedure.
D. Telework Locations
1. Telework Locations must be in the United States and are limited to the Approved States.
2. An Eligible Employee who participates in Telework must certify that the Telework Location is a safe, suitable, and secure work space that is free from distraction and meets applicable health and safety laws, including but not limited to, OSHA, in accordance with the Telework Procedure.
a. The College reserves the right to inspect the Telework Location.
b. The College reserves the right to terminate the ability to Telework if there are health and safety concerns regarding the Telework Location for employees, including faculty.
3. A Supervisor may require an Eligible Employee or faculty member to report to a College Location or other location as needed for work-related meetings or other events in accordance with the applicable Procedure.
V. Classification, Compensation, Benefits, and Job Duties
A. The Eligible Employee’s classification, compensation, benefits, work status, and job duties will not change due to the participation in a Flexible Work Arrangement.
B. The amount of time the Eligible Employee is expected to work per pay period will not change due to participation in Flexible Work Arrangements.
C. Non-exempt employees who participate in Flexible Work Arrangements are responsible for working the agreed-upon hours per week and may not work more than forty (40) hours per workweek and may not earn Overtime or be granted compensatory time without advance written approval from the Supervisor.
D. Job duties must be arranged so as not to alter the essential functions of the Eligible Employee’s job or to compromise the level of service provided, either by the employee or the department.
E. The approval of a Flexible Work Arrangement does not mean that any employee who later fills that same position will be authorized for a Flexible Work Arrangement.
F. If approved, a Telework Application and Agreement or Alternative Work Application and Agreement will govern the terms and conditions of the Flexible Work Arrangement only and in no way constitutes an employment contract or changes the at-will nature of the employment relationship.
G. Flexible Work Arrangements are not to be used to permit employees to work at other jobs or to run their own businesses.
H. Flexible Work Arrangements are not to be used as a substitute for child care, elder care, or other caregiving obligations.
VI. Modification, Suspension, or Termination of a Flexible Work Arrangement
A. Except for Flexible Work Arrangements that are a condition of employment, an Eligible Employee may discontinue participation in Flexible Work Arrangements at any time by providing written notice in accordance with the applicable Procedure.
B. The College may modify, suspend, or terminate a Flexible Work Arrangement with notice in accordance with the applicable Procedure.
C. The College may impose disciplinary action, up to and including termination, if an employee or faculty member fails to comply with the College policies, procedures, rules, manuals, or handbooks; fails to comply with the applicable Procedure, Information Security Telework Guidelines, or Telework or Alternative Work Application and Agreement; fails to report to work, as directed by the Supervisor; works outside of an Approved State without permission; fails to fulfill normal work requirements due to other employment; has caregiving obligations or an outside business that prevent them from focusing on work during agreed-upon work hours; and/or for other appropriate reasons related to a Flexible Work Arrangement.
VII. Records
HR is responsible for maintaining records of Telework Agreements and Alternative Work Agreements as well as modifications, suspensions, and terminations of such agreements as part of an Eligible Employee’s personnel record.
Policy Title: Flexible Work Policy
Policy Category: Human Resources
Policy Owner: Vice President of Learning Resources Management
Policy Administrator: Executive Director of Human Resources
Contact Information: Suzanne Boyer; 410-777-2425; [email protected]
Approval Date: June 13, 2023
Effective Date: July 1, 2023
History: This Policy and the Telework Procedure replace and supersede the Telecommuting Policy adopted in February, 2006 and revised in March, 2014.
Applies to All College employees, including full-time staff, and administrators; part-time staff and administrators; contractual employees; and temporary employees (if the temporary employee’s job descriptions specifically states that the position is eligible for a Flexible Work Arrangement); Certain portions of this Policy apply to faculty members, as set forth above.
Related Policies: N/A
Related Procedures:
Forms/Guidelines: Information Security Telework Guidelines
Relevant Laws: Md. Code, St. Pers. & Pens., § 2-308
Occupational Safety and Health Act, 29 U.S.C. § 651 et. seq.
Fair Labor and Standards Act, 29 U.S.C. § 201, et seq.
Family Medical Leave Act, 29 U.S.C. § 2601, et. seq.
Americans with Disabilities Act, 42 U.S.C. §12101, et. seq.
COMAR 09.12.20.01 et. seq.