Number:
3.4.1

Procedure Name:
Flexible Work Arrangements

Sponsor:
Andrei George
Senior HR Generalist 
Human Resources and Talent Management

Custodian:
Human Resources and Talent Management

 

Effective Date:
July 23, 2021

Last Reviewed:
2022-2023

Location:
durhamtech.edu/policies-and-procedures/
flexible-work-arrangements

Citation:
1C SBCCC 200.94

 

Contact Information

Human Resources
919-536-7244
humanresources@durhamtech.edu

Procedure

Durham Technical Community College (Durham Tech) offers flexible work arrangements to full- and part-time employees in good standing. These arrangements are offered and implemented to provide employees and the College with mutually beneficial opportunities to align service to the College community with wellness priorities. Flexible work arrangements may include modifications to work schedules and locations but do not include adjusting the total number of hours employees are expected to work each week. Flexible work arrangements will be reviewed at least annually, and all terms and conditions of employment will remain unchanged except for those addressed by the arrangement. 

This procedure has been developed to ensure that the College maintains its ability to operate effectively and in accordance with its mission, purpose, strategic goals, and objectives. The College may rescind flexible work arrangements at any time based on institutional needs and specific project deadlines. Since not all positions lend themselves to flexible work arrangements, decisions will be made on a case-by-case basis. Supervisors will review requests and will discuss with individual employees the needs and expectations related to their roles and work locations.

Faculty members are eligible for flexible work arrangements as described in this procedure, but their schedules must adhere to the guidelines determined by the Vice President, Chief Academic Officer.

Please Note: This procedure outlines processes for ongoing work arrangements and is not intended for requests due to emergent situations (e.g., issues with technology, plumbing, or transportation). Employees who need to adjust their work arrangement due to an emergent situation should contact their immediate supervisor to submit a request for a temporary arrangement. For information about alternative work arrangement options during states of emergency, employees should contact Human Resources.

Flexible Work Arrangement Options

Durham Tech offers the following flexible work arrangements:

  • Flextime – A work arrangement that permits variations in start and departure times but does not alter the total number of hours worked in a workweek. All flextime arrangements must conform to state and federal employment standards.
     
  • Teleworking – A work arrangement that permits employees to work away from College premises and accomplish tasks via electronic means
     
  • Hybrid – A work arrangement that combines teleworking and on-campus work

If a work arrangement requires remote access to campus computing resources, the employee must receive prior approval from their supervisor and contact Information Technology Services (ITS) for additional information. 

Request and Approval Process 

An employee must submit a Flexible Work Arrangement Request and Approval Form (available via the Employees shared folder or by contacting Human Resources) and meet with their supervisor to discuss the request. The employee and the supervisor must come to an agreement that is mutually beneficial to the employee, the department, and the College. To ensure requests are mutually understood and to avoid miscommunication, specifics of the requested arrangement must be documented. The employee and supervisor must jointly determine and document the following as applicable to the specific arrangement:

  • Current performance working remotely;
  • How satisfactory performance will be determined, measured, and substantiated; 
  • What the employee’s work hours will be; 
  • How the arrangement will be structured so as not to burden coworkers;
  • Methods for adequate communication during specified hours; and
  • How the arrangement will benefit the College.

The documentation should also make clear that the employee shall come to the primary work site, when necessary (e.g., department meeting, employee meeting, training, etc.) regardless of the flexible work arrangement.

After the initial supervisor-employee meeting, the supervisor will share their recommendation with the appropriate director/dean and vice president, who will collectively review the request and make a determination. If the employee is approved for a flexible work arrangement, they will receive a written communication from their supervisor within three working days of the collective review meeting. The communication will outline expectations, provide guidance about related processes and requirements, and include a copy of the approved Flexible Work Arrangement Request and Approval Form. Substantive changes to finalized arrangements must be resubmitted following the process outlined in this procedure. The supervisor will monitor the employee’s performance and the effectiveness of the arrangement and will make modifications as needed. The supervisor will maintain the Flexible Work Arrangement Request and Approval Form as a personnel record and according to the Records Retention and Disposition policy

If the employee’s request is denied, the supervisor will notify the employee in writing within three working days of the collective review meeting. The communication will explain the reasoning behind the denial and will provide information about the appeal process.

Appeals

If the supervisor, director/dean, or vice president denies the request, the employee may appeal to Human Resources. Human Resources, in collaboration with the Office of Equity and Inclusion, is responsible for ensuring the fair and equitable application of this procedure. 

If an employee feels circumstances justify reconsideration of their denied flexible work arrangement request, the employee may submit an appeal in writing to Human Resources within seven calendar days of notification of the request denial. The written request must state the grounds for the appeal and must include the following supporting documentation:

  • Evidence to support the employee’s assertion that the requested flexible work arrangement does not present challenges for students and/or colleagues;
     
  • Substantial evidence demonstrating the employee’s ability to effectively perform their work remotely without disruption; and 
     
  • Evidence of how the arrangement will benefit the College. 

Human Resources will provide the appeal documentation to the supervisor, director/dean, and vice president within three working days of receipt. The supervisor, director/dean, and vice president will review the appeal documentation and may submit any documentation that reaffirms their decision to deny the request. The supervisor must submit any additional documentation supporting the denial decision to Human Resources within three working days of reviewing the appeal. 

Human Resources and the Office of Equity and Inclusion will review the documentation and decide whether the denial determination was reached improperly; unfairly; or otherwise in violation of conditions of employment, regulations, policies, or procedures. Human Resources will schedule a meeting with the employee and the supervisor within five working days of receipt of the appeal documentation from the employee and the supervisor. During the meeting, Human Resources will review the appeals documentation with the employee and the supervisor, and will notify the employee and supervisor of the appeal outcome and final decision. Once Human Resources has made its determination, the employee will no longer have the right to appeal the request at hand. After an appeal is denied, if there is new evidence, information, or circumstances that may warrant reconsideration, the employee may submit a new flexible work arrangement request after subsequent discussions with their supervisor.  

Termination of Flexible Work Arrangements

The College retains the right to terminate flexible work arrangements at any time. The employee may also terminate the arrangement at any time.

Accommodations for Employees with Disabilities

Employees who wish to request an adjustment to their work arrangements due to a disability should refer to the Accommodations for Employees with Disabilities policy

Workers’ Compensation

All employees are covered through North Carolina Workers’ Compensation Insurance. Liability under Workers’ Compensation applies to “on-the-job” illnesses or injuries caused by an accident arising in the course of employment. This coverage applies to employees working on College premises and to those who telework. To qualify for Workers’ Compensation benefits, an employee must be working in the capacity of their job role at the time of the incident, and the incident must have occurred during the employee’s established working hours (i.e., the standard working hours (e.g., 8am - 5pm Monday through Friday) that make up the employee’s forty-hour work week).   

Definitions

College Premises – Any property in use by the College including property that is leased, owned, used for College functions, or used by the College in the offering of any of its courses

Employees – Individuals of any status (full-time, part-time, permanent, temporary) who are employed by Durham Technical Community College. Students employed under the Federal Work Study Program are considered College employees if the work performed is for the College. For work performed for a federal, state, local public agency, a private non-profit or a private for profit agency, students are also considered College employees unless the agreement between the College and the organization specifies that the organization is considered the employer.

Employees in Good Standing – For the purposes of this procedure, employees are in good standing if they are not currently under a work plan or other disciplinary action

Faculty – Employees whose primary job responsibility is instruction and/or clinical coordination

Remote Access to On-Campus Computing Resources – The following guidelines apply to employees utilizing remote access: 

  1. Employees are responsible for providing the necessary technology/equipment for remote access. The College may provide technology/equipment under extenuating circumstances as determined by ITS.
     
  2. Technology/equipment must meet the minimum requirements as determined by ITS. Minimum requirements can be obtained from ITS upon request.
     
  3. Employees will be required to authenticate their remote connection using two-factor authentication. The College’s current two-factor authentication method requires employees to have an active, working smartphone or compatible mobile device. 
     
  4. Employees must comply with the Appropriate Use of Data policy and use password-protected internet while working remotely (i.e., employees should not use public Wi-Fi).
     
  5. Employees must understand that ITS has limited support capability during non-business hours and when the College is closed due to adverse conditions. 
     
  6. Employees will be required to complete training and/or a security interview to ensure knowledge of information security.

Working Days – Days when the College is open and operating under a normal schedule. This excludes weekends, closings due to adverse conditions, and holidays.