Telecommuting/Remote Worksite

When the need presents itself, North Dakota State University may allow flexibility in a location where work is performed by staff and faculty positions. A Remote Worksite is sometimes necessary to meet university goals, meet customer needs, and balance personal and professional responsibilities. The decision to allow working from a Remote Worksite is at the discretion of the supervisor (after thoroughly considering the needs of the job, work group, department and the employee's past and present performance) and the approval of the department chair, Dean/Director, and Provost or appropriate Vice President.

Remote Worksite Agreement:

    • A Remote Worksite Agreement is required if your primary place of employment will be located outside the state of North Dakota for an extended period of time.  If the work will be performed in a foreign country, a Remote Worksite Agreement must be approved prior to signing any agreement to perform work in that country.
    • A Remote Worksite Agreement is recommended if your primary place of employment will be a remote worksite for an extended period of time within the state of North Dakota.

    Remote Worksite Agreements which will not be approved:

    • Agreements where the employee moved out of state and there are qualified employees living in North Dakota who could perform the tasks equally well.  Although this arrangement may be easier for the department in the short-term, this arrangement creates additional administrative work for the duration of the employment.
    • Employees working in California, Ohio and New York – due to complex employment and tax laws
    • Employees who are not U.S. Citizens living and working in their home country-due to the requirement to register as an employer in a foreign country, and compliance with foreign employment and tax laws.

    Definitions

    Employee includes faculty, staff, graduate assistants and student employees.

    Remote Worksite is a place of employment not located on NDSU owned or leased property where an employee works on a regular basis (fulltime or part-time) for an extended period of time, includes telecommuting.

    Extended period means for longer than 30 days. It does not apply to occasional work from non-NDSU property or out-stationed permanent worksites designated by NDSU.

    Primary Place of Employment is the physical location where an employee actually performs their work for more than 50 percent of their time. Employee income will be reported to the appropriate state or country as required by applicable regulations. For worksites located outside the states of North Dakota and Minnesota, additional review is required due to the complexities of additional legal implications such as tax and employment laws, workers compensation, unemployment, etc. For more details refer to Section 144.1 Temporary Change of Work Location in the NDSU Policy Manual. Employment locations outside of the United States, require a Working Outside of the United States form, and if working more than 30 days outside of the United States, a Remote Workplace Agreement is also required.


    For more details refer to Policy 144.1 Temporary Change of Work Location.

    Work Guidelines/Considerations

    • Operational needs, staffing patterns, space considerations, and health and safety issues may preclude granting a request for a remote worksite.
    • The employee must be willing and able to forego off-site location and work at the primary work site as requested by the supervisor/department head for operational needs.
    • The work should involve clearly defined tasks and well understood outcomes. The employee shall check in and out with the supervisor/department head by phone or e-mail as specified in the agreement.
    • Positions that require physical presence or constant interaction with clients and co-workers to perform effectively are not suitable for remote worksite.
    • The employee shall be available to travel when his or her work requires, including to an NDSU worksite when necessary, regardless of the remote worksite schedule.
    • Off-site location by the employee should not negatively affect the workload or productivity of coworkers either by shifting burdens or creating delays and additional steps in the work flow.

    Steps to Request

    1. Supervisor and Employee consult to discuss if this is a viable option for the work and department.
    2. Employee and Supervisor complete and sign the NDSU Remote Worksite Agreement in Docusign. (view sample of the agreement form)
    3. Employee will need to know the name and email address of their supervisor, and department chair to complete the form.
    4. The Agreement form is forwarded for approval of Chair/Dean/Director, reviewed by the Office of HR/Payroll, University Police & Safety and approval of Vice President or Provost.
    5. If approved, the Remote Worksite Agreement goes into the employee's official personnel file and copy to University Police & Safety.
    6. Offices of HR and Payroll and University Police & Safety will let the supervisor know of any questions, concerns and laws that need to be addressed.
    7. All long-term arrangements must be renewed annually, by submitting a Renewal Form in DocuSign.

    Off-Campus Workplace Compliance Requirements

    Remote Worksite arrangement does not change the conditions of employment and all NDSU policies, rules and practices apply. Employee income will be reported to the appropriate state or country as required by applicable regulations. A new Remote Worksite Agreement must be submitted for approval, prior to changing the address of any Remote Worksite.

    North Dakota State University may at any time change any or all of the conditions under which the employee is permitted to work or may withdraw permission to work offsite. This position arrangement will be reevaluated on an annual basis and may be discontinued, at will, at any time at the request of either the employee or North Dakota State University. All employee benefits remain as per the status of the position and the employee is required to follow all reporting procedures.

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