Flexible Work Arrangements

Real Estate Services (RES) will consider alternative work arrangements that allow employees to balance work and personal commitments while ensuring the operational needs of RES are met. Alternative work arrangements are agreed upon between the employee and supervisor and subject to the approval of the Deputy Director and/or Executive Director through the Flexible Work Arrangement Agreement Form. 

 

Types of Flexible Work Arrangements

  • Alternative Work Schedule – a variation from the employee's core hours in starting and departure times, but does not alter the total number of hours worked in a week. CU Boulder standard hours are 8am-5pm during the academic year and 7:30am-4: 30 pm during the summer.
  • Remote Work (Telecommuting) – work conducted at home or another off-site location, for a specified number of hours per week or month, on a consistent basis.
  • Compressed Work Schedule (Flex) – a traditional 40-hour workweek is completed in less than the standard number of workdays (typically 5).
  • Occasional Use Flexibility – temporary change to start/end times or a work location that is agreed upon between a supervisor and an employee to accommodate working on a short-term project, during inclement weather, emergency or other situations.
  • Reduced schedule options such as phased retirement, part-time or partial year appointment, medical leave/disability-related schedule adjustments, etc., all integrate flexible work practices.

 

Eligibility to Propose Flexible Work Arrangements

After a staff member is fully trained and working wholly independently, she or he may prepare a proposal for a flexible work arrangement.

Employees with performance ratings of “not meeting expectations” shall not be eligible for a telecommuting arrangement. Managers are eligible for flexible work arrangements, subject to the business needs of the office and the training needs of their staff members.

 

Proposal Requirements to Request a Flexible Work Arrangement 

Employees initiate the request for a flexible work arrangement through a formal written proposal to their immediate supervisor detailing the proposed arrangement and how the proposed schedule will meet the requirements of their job description, impact on the office and the quality of customer service provided.

The proposal for remote work will identify the tasks to be accomplished and the performance measures/metrics that will be used to monitor accomplishments. The proposal should also describe how the staff member’s home is conducive to a telecommuting arrangement. The employee’s proposal must be appended to the Flexible Work Arrangement Agreement Form.

Occasional Use Flexibility must be documented in email between the employee and supervisor. The email should address the dates/times of the work days and outline clear expectations about tasks, availability, reporting of work completed, etc. In addition, supervisors must confirm prior to approving occasional use flexibility for remote work that the employee:

  • Has VPN established and functional
  • The employee is providing adequate equipment and software to perform the Work or has been issued a CU Boulder laptop
  • The employee will maintain accessibility with the office and customers including telephone, email, Skype or other means during the agreed-upon work hours
  • The employee has a designated workspace off-site that is clean, safe and free of hazards and distractions

 

Evaluation of Flexible Work Arrangement Proposals 

The needs of the university and RES take first priority in evaluating a flexible work arrangement proposal. Alternative arrangements may not adversely affect the delivery of customer service, employee productivity, or the progress of an individual or team assignments.

Position eligibility will be evaluated based on such factors as the type of customer service provided, types of tasks performed, task interdependence and the operational and staffing needs of the office.

Performance criteria to be considered include, but are not limited to:

  • Expertise and technological skills
  • Conscientiousness about work time and productivity
  • Limited need for feedback and the willingness to ask for feedback if necessary
  • Self-motivation, discipline, and ability to manage distractions
  • Ability to set priorities, meet deadlines and adapt to changing routines

An off-site work environment that is conducive to a remote work arrangement will also be considered

 

Managing Flexible Work Arrangements 

Supervisors are expected to thoughtfully review flexible work requests and arrangements by evaluating the individual’s performance, responsibilities and work style. Supervisors should coordinate with the Deputy Director and Executive Director on flexible work arrangements to assure that practices are implemented and determinations made in a manner that is fair, equitable and transparent for our staff.

Occasional Use Flexibility may be implemented ad hoc to accommodate emergency closures, special situations or inclement weather. Temporary arrangements are made on a case-by-case basis and documented by an exchange of emails between the employee and direct supervisor. Additional approvals are not required but the supervisor shall notify the Deputy Director.

When issues related to workplace flexibility arise, the supervisor should address the issues promptly.

Managers of non-exempt employees should review the information regarding Impact on Overtime.

 

Vacation, sick Leave and Holidays in a compressed Work Schedule (Flex) 

A staff member on a compressed work schedule (flex) who is granted paid leave time, such as vacation, health or personal leave, will deduct the full number of hours scheduled to work on the day(s) off. For example, 10 hours of vacation would be deducted if a staff member uses vacation on a day with 10 scheduled work hours. This applies to all paid leave time options.

All full-time employees, including those on compressed work schedules (flex), are entitled to an “in lieu of” holiday when a holiday falls on a flex day. In such cases, the employee’s holiday is taken within the week that the holiday falls. Holidays are calculated as 8 hours.

When there is a holiday in your flex week, full-time employees will only receive 8 hours and part-time employees will be prorated for the holiday. If the employee’s flex schedule reflects a longer workday on that scheduled holiday, they can either make adjustments to make up that time or take the additional time as leave. For example, if you are scheduled to work 10 hours on a Monday and there is a scheduled holiday that day, you will only be paid 8 hours. Employees need to coordinate with their supervisor to make up 2 hours throughout the week or take leave for that 2 hours.

 

Part-time / Reduced Time - Additional Considerations 

Part-time work refers to a situation where an employee works less than a full workweek with compensation and benefits adjusted accordingly. A part-time employee may work fewer hours each day of the workweek or fewer days per week. Part-time/reduced time requests can be considered for phased-in retirement, as a transition period after a major life event or return from long-term medical leave, or if an employee requests, through a formal proposal, consideration for a reduced schedule.

A flexible work arrangement for part-time/reduced time has some additional considerations:

  • The employee and supervisor should be aware that the department budget may be impacted, and therefore the employee may not be able to return to full-time should funding not be available.
  • It is important to carefully analyze the requirements of the job and the employee’s history of performance when assessing a proposal for a part-time/reduced time.
  • The business needs of the office, including the impacts on other team members, must be thoroughly evaluated when considering this arrangement. A detailed plan of what work will be accomplished in the employee’s reduced hours and how the rest of that employee’s work will be handled or redistributed must be included in all proposals for a part-time/reduced time.
  • Reduction in work hours and the subsequent adjustment in compensation may change an employee’s exempt or non-exempt status, requiring potential changes in how an employee accounts for his/her time in accordance with the Fair Labor Standards Act.
  • Employees working part-time/reduced time must maintain a consistent schedule. Schedules should not vary from week-to-week.

 

Participating in a Flexible Work Arrangement 

Employees are expected to sustain their level of performance, promptly discuss challenges regarding the arrangement with the supervisor, and propose solutions. Flexibility is a privilege and therefore also requires employees to be adaptable to adjusting their flexible arrangements to accommodate the needs of the office.  See the RES Remote Day Policy for more information. 

Be Boulder picture sign

Ending Flexible Work Arrangements 

Any flexible work arrangement may be withdrawn at any time by the supervisor or employee.

 

Injury, Theft and Personal Property 

In case of injury, theft, loss or other liability, the telecommuter must allow agents of the University to investigate and/or inspect the work site. Reasonable notice of inspection and/or investigation should be given to the employee.

Job-related incidents or accidents that occur during work at home hours are to be reported immediately to the supervisor.

Any telecommunications equipment, computers, printers, residential insurance and utility costs that are incurred by the telecommuter are the responsibility of the telecommuter.

 

Public Records on Personal Devices 

All staff must be aware that university records stored on personal devices can be public records. The rule is that if a record relates to the performance of public functions or involves the receipt or expenditure of public funds, then it is a public record regardless of how it was created or where it is stored.

To the extent that telecommuting on a personal device creates such a record, then it would be public and accessible through a CORA request. Purely personal records (e.g. emails or other documents that have nothing to do with the employee’s public functions) would not be a public record under any circumstance, and it does not matter where they are stored or created.

 

Impact on Overtime 

Nonexempt employees are covered by the overtime and record keeping (e.g. electronic timekeeping) requirements of the Fair Labor Standards Act (FLSA). The FLSA defines overtime as any hours worked by a non-exempt employee that exceed 40 hours in a standard workweek. At CU Boulder, overtime pay is based on any hours paid that exceed 40 in a standard workweek. The standard CU Boulder workweek begins on Sunday 12:01 am and ends the following Saturday at 11:59 pm. If there is a holiday or you take leave in a work week you will be paid additional standard pay, not overtime pay.

Therefore, as flexible work schedules are being considered, non-exempt employees and their supervisors must take these overtime implications into account. The employee and supervisor should clearly outline how time will be recorded in a flexible work arrangement. It is the supervisor’s responsibility to ensure that the flexible work arrangement adheres to the requirements of FLSA and does not create overtime situations that have not been approved by the Director.

Exempt employees are not covered by the overtime and record-keeping e.g. electronic timekeeping) requirements of the Fair Labor Standards Act. Therefore, there is inherent flexibility in the work schedule for them. Even though the law allows this latitude, exempt staff members still need to discuss specific scheduling arrangements with their supervisors and obtain their approval.