Remote Work

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Policy Number:
UW-5087
Responsible Office:
Office of Human Resources

University Policy

Rationale/​Purpose:

The University of Wisconsin–Madison recognizes the value of providing flexibility in working arrangements to its employees. Flexibility can increase job satisfaction and reduce turnover, increase the university’s ability to attract and retain talent, and maintain or enhance productivity for some roles. Remote work arrangements are one tool for providing this flexibility that may be appropriate for some employees in some positions. This policy enables, but does not require, UW-Madison to establish remote work arrangements with employees when appropriate and desirable for the institution and the employee.

Definitions:
Business Necessity
A legitimate business purpose that fulfills the mission and objectives of the university and is not solely for the personal benefit of an employee.
Flexible Work Arrangement
An agreement that describes the terms and conditions of an employee’s remote work arrangement, including a description of the alternative off-site work arrangement, guidelines for maintaining communication and work engagement, and necessary equipment and services. Required for all in-state, out-of-state, and international remote work.
Headquarters Location
The official location where the work of an employee’s position is performed on a permanent basis; this is typically the campus or institution office. The headquarters location is determined by the needs of the University and is assigned at the time of hire or upon entering into a flexible work arrangement.
International Remote Work
Remote work located outside the United States.
Out-of-State Remote Work
Remote work located outside the state of Wisconsin but within the United States and its territories.
Remote Work
A work arrangement in which some or all work is performed at an off-campus work site (e.g., home, nearby office). This definition does not include workplace flexibility, research trips or other business travel, sabbaticals, or permanent off-campus university work sites (e.g., field stations, CERN, IceCube). Note: Employee's assigned to university-owned or university-leased alternative locations are not considered remote workers under this policy.
School/College/Division (S/C/D) Leadership
A school, college, or division dean or director, vice chancellor, or a supervisory designee having oversight of a department or unit.
Workplace Flexibility
Flexibility in which work is performed at an off-campus work site on a sporadic basis and does not follow a regular, repeated schedule. Workplace flexibilities do not require completion of a flexible work arrangement.
Scope:

This policy applies to all employees in the following employment categories:

  • Academic Staff, other than Clinical Health Sciences (CHS) Faculty and Clinician Track (CT) Faculty (e.g., clinical professors, clinical instructors)
  • University Staff
  • Limited Appointees
  • Temporary Employees
  • Post-Degree Training Appointments
  • Student Hourly Employees

For Faculty, CHS Faculty, CT Faculty, Fellows, and Graduate Assistants (i.e., Teaching Assistants, Research Assistants, and Project/Program Assistants), this policy applies only to out-of-state or international remote work.

This policy does not apply to Zero-Dollar Appointments. These policy provisions do not apply to requests for, or management of, workplace accommodations under the Americans with Disabilities Act (ADA) or any other federal, state, or local law or regulation. Employees seeking workplace accommodations should contact their divisional disability representative (DDR), the Employee Disability Resources Office, or their divisional human resources (HR) office. For matters that relate to possible accommodations based on religious beliefs or practices, employees should contact their divisional HR representative.

Policy:
  1. Overview

    At UW–Madison, remote work is viewed as a cooperative arrangement based on the needs of a position, the department or unit, and the university. Remote work arrangements can be pursued in cases where the implementation of these arrangements advances the university’s mission but is not suitable for all roles. This policy reflects evolving work practices and remains adaptable as new tools emerge. Flexible work arrangements will be reviewed annually for effectiveness and efficiency.

    Each (S/C/D) determines the specific procedures for evaluating and approving or denying remote work requests in alignment with university policy. The option to work remotely is provided at the discretion of S/C/D leadership, divisional HR, and the employee’s supervisor, and may be modified or revoked (see Section III).

    While S/C/D leadership is responsible for evaluating remote work and ensuring policy compliance, supervisors are responsible for approving individual arrangements in the HR system. All arrangements must be feasible, secure, reliable, and aligned with operational and academic goals of the S/C/D.

    Some roles may include remote work as part of their job expectations. Employees whose duties cannot be performed at an alternate work location away from their assigned work location are not eligible for remote work.

    This policy provides direction to UW–Madison employees for in-state, out-of-state, and international remote work. This policy does not affect UW-5049 Standard Office Hours and CPP 14.02 Alternative Work Schedules (University Staff). S/C/Ds may issue additional guidelines or requirements that build on this policy but may neither waive requirements of this policy nor create requirements which conflict with this policy or any other university-wide policies.

  2. Roles and Responsibilities
    1. Employees who work remotely are responsible for all of the following:
      1. Collaborating with their supervisors and other identified staff to ensure compliance with applicable laws, policies, and procedures.
      2. Managing any necessary adjustments or implications for their personal taxes and benefits.
      3. Coordinating with campus IT to ensure any necessary technology is compatible, secure, and in good working order.
    2. Each S/C/D must use the automated process within the HR system to review and approve remote work requests. Depending on the type and location of remote work, this process may involve consultation with, or guidance from, other university offices, including:
      1. Office of Legal Affairs (OLA)
      2. Export Control
      3. Office of Cybersecurity
      4. Office of Compliance
      5. Risk Management
      6. Environment, Health & Safety/Occupational Health
      7. Office of Human Resources (OHR)
      8. Other relevant offices or departments
  3. Criteria and Conditions for Remote Work
    1. An employee or supervisor may recognize the benefits of remote work, and either can suggest submitting a flexible work arrangement. The option to work remotely is provided at the discretion of S/C/D leadership, divisional HR, and the employee’s supervisor. An arrangement should be based on operational needs and be in the best interests of the university and the employee. Remote work should not cause significant legal, reputational, physical, or other risks for the university, S/C/D, or employee.

      Positions may be designated as eligible for partial or full remote work during recruitment or hiring. Standard language is available for use in job postings and hiring documents. All such positions require a flexible work arrangement and are subject to this policy, including annual review (see Section III.E).

    2. Flexible work arrangements are considered on a case-by-case basis by evaluating all of the following factors:
      1. Job responsibilities (e.g., roles requiring onsite presence for effective performance are not suitable for remote work).
      2. Effective unit operations (e.g., trainees may need in-person support; in-person collaboration may improve communication).
      3. Potential cost savings to the university, S/C/D, and department.
      4. Employee needs and preferences.
      5. Employee performance.
      6. Equipment, workspace , office space, and scheduling needs.
      7. Equity among employees with similar job responsibilities in the work unit.

      Additional factors that S/C/Ds wish to consider should be discussed with divisional HR to ensure compliance with federal and state regulations as well as UW System and UW-Madison policies.

    3. Flexible work arrangements must meet the S/C/D’s operational needs and other employment conditions, and employees must successfully perform their job responsibilities and performance expectations consistent with those working onsite.
    4. Supervisors must clearly communicate which assignments and tasks may be performed remotely and how performance will be evaluated. Expectations must be consistent across similar roles, regardless of work location.
    5. Employees approved for remote work must complete a flexible work arrangement, which is stored in the HR System.
      1. If personnel files are maintained outside the HR system, divisional HR may also store a copy there. Flexible work arrangements are reviewed and updated annually at the start of the fiscal year (July 1), or as needed due to contract period, changes in job responsibilities, equipment availability, or evolving workplace practices. During this review, S/C/Ds, divisional HR, the employee’s supervisor, and the employee will determine whether remote work remains appropriate and meets operational needs.
      2. The arrangement must include:
        1. Expectations for onsite presence as deemed necessary by the supervisor or unit leadership (e.g., meetings, retreats, other onsite teamwork), with reasonable notice.
        2. Onsite workspace expectations.
        3. Any reimbursable expenditures.
        4. Designations of headquarters location and remote work location for the duration of the arrangement. Changes to remote work location requires supervisor approval and a new flexible work arrangement.
    6. Flexible work arrangements may be modified or revoked by a supervisor or employee, based on the factors in Section III.B. If a supervisor determines that an arrangement should be modified or revoked, they must discuss the reasons for the modification or revocation with the employee and provide a reasonable notice period before the revocation or modification goes into effect. Employees may request a review of the supervisor’s decision by the vice chancellor, dean, or director of their S/C/D (see Section XI).
    7. The Headquarters Location is determined by the needs of the University and is assigned at the time of hire or upon entering into a flexible work arrangement. The following rules apply when determining if a flexible work arrangement impacts an employee’s headquarters location:
      1. The employee’s headquarters location is the position’s assigned office or work location at the university if:
        1. The employee works remotely less than 100% of the time
        2. The employee works remotely 100% of the time voluntarily and not as a condition or expectation of their appointment.
        3. The employee is assigned to work remotely 100% of the time as a condition or expectation of employment AND their home or alternate work location is within eighty-five (85) miles of the position’s normally assigned office or work location.
      2. The employee’s headquarters location is their work-from-home or alternate work location if the employee is assigned to work remotely 100% of the time as a condition or expectation of employment, and their home or alternate work location is greater than eight-five (85) miles of the position’s normally assigned office or work location.
      3. An alternate work location does not become the employee’s headquarters location unless it is determined to be in the best interest of the university.
      4. An employee is only eligible for travel reimbursement to the position’s office or work location if their headquarters location is assigned as the alternate work location.
      5. The S/C/D human resources office must approve any flexible work arrangement that proposes changing an employee’s headquarters location from the position’s normally assigned office or work location.
  4. Employee Expectations, Work Schedule, and Overtime
    1. Remote work schedules are determined by the supervisor and employee, with final approval by the supervisor and divisional HR before the remote work begins. This schedule must be documented in the flexible work arrangement.
    2. Employees who work remotely (full or part-time) are expected to follow the same expectations as employees performing similar duties onsite. Employees who work remotely must:
      1. Perform all job responsibilities in alignment with the identified expectations of the position and as outlined in the flexible work arrangement.
      2. Maintain a safe, functional workspace that supports meeting job expectations.
      3. Maintain regularly scheduled and approved work hours and be accessible during those hours.
      4. Follow rules and regulations governing overtime, compensatory time, and leave, regardless of location.
      5. Communicate with their supervisor and colleagues to meet operational needs and the requirements of the position.
      6. Comply with UW–Madison’s employee policies and procedures.
      7. Attend onsite meetings and events as required in flexible work arrangement, which may include days they would work remotely.
      8. Follow Division of Information Technology (DoIT) guidelines for securing remote workstations.
      9. Use safeguards to maintain the privacy, confidentiality, security, and integrity of all data, including written and spoken communications.
      10. Ensure arrangements for dependent care, as remote work is not a substitute for dependent care.
  5. Equipment, Materials, and Supplies
    1. Needs for equipment, materials, and supplies will vary by position. Equipment and related costs for remote employees are determined, approved, and tracked by supervisors, departmental leadership, or divisional HR.
    2. In general, employees are provided with a single computer (e.g., laptop) to perform their responsibilities. Additional equipment may be provided if required by the nature of the work.
    3. Employees with flexible work arrangements are generally expected to provide, at their own cost, internet connectivity at a quality necessary to support their work tasks, including the ability to use university-supported video conferencing tools.
    4. For employees who work both remotely and onsite, the university will generally not provide a fully equipped workspace at both locations (e.g., provide a laptop for use in all work locations).
    5. Before remote work is approved, employees must ensure that their remote workspace meets requirements for privacy, physical and technical security, appropriate equipment, software, and internet access.
    6. Employees should contact their supervisor or divisional HR for assistance as needed.
    7. University-owned equipment issued to a remote work employee must be serviced only by authorized university technicians. Maintenance and repair of employee-owned equipment is the employee’s responsibility.
    8. Upon ending a flexible work arrangement or employment, employees must return all university-owned equipment, materials, and supplies.
  6. Data Privacy and Security
    1. S/C/Ds with remote employees must adhere to information and requirements provided by the Office of Compliance and the Office of Cybersecurity to establish a plan for secure access to university resources and data. Plans should consider:
      1. The type of information involved,
      2. The computing environment required, and
      3. Data privacy and security risks based on job duties and remote location.
    2. Before traveling, employees with complex needs (e.g., travel to restricted areas) should consult with:
      1. Export Control Office
      2. Office of Compliance
      3. Office of Cybersecurity
      4. Research and Sponsored Programs Office
  7. Compensation and Benefits
    1. Remote work does not change the terms and conditions of employment. Salary and benefits do not change as a result of remote work. However, employees working outside Wisconsin or outside the U.S. may have payroll, tax, or benefits implications.
    2. In these instances, divisional HR must consult with OHR’s payroll and benefits teams to determine benefits eligibility, discuss service provisions, and ensure compliance with relevant payroll and tax laws and regulations
    3. Supervisors must provide remote work employees with specific instructions on how to report and what to do in the event a work-related injury or illness occurs.
  8. Out-of-State Remote Work
    1. UW–Madison is a Wisconsin-based employer and recognizes that out-of-state remote work may be necessary and beneficial to meet university goals of the university. Out-of-state remote work is complex and involves increased costs and legal risks due to employment laws, taxation rules, data privacy and cybersecurity risks, and compliance requirements in other states.
    2. Worker’s Compensation coverage and employee liability protections do not automatically extend to locations outside the State of Wisconsin. Special arrangements must be made with Risk Management and OLA before an employee begins out-of-state remote work.
    3. The university reserves the right to determine in advance whether it will approve an employee’s principal work location to be out-of-state, based on operational needs of the university and the employee’s ability to meet performance expectations.
    4. Employees must notify their supervisor in advance if they wish to work remotely out-of-state.
    5. Some positions may be designated as eligible for out-of-state remote work during recruitment. S/C/D leadership, divisional HR, and the employee’s supervisor decide whether to allow an individual to perform out-of-state work.
    6. S/C/Ds must follow this policy to understand employer compliance responsibilities, inform employees of risks and liabilities, and mitigate the risks and liabilities for the university and employee.
  9. International Remote Work
    1. S/C/Ds may employ individuals who live and work outside the United States only if there is a documented and approved business necessity. The business necessity justification must be approved by the S/C/D leadership and filed with OHR.
    2. International remote work introduces significant complexities, costs and legal risks due to employment laws, taxation rules, data privacy and cybersecurity risks, and other compliance requirements.
    3. Employee liability protections do not automatically extend beyond Wisconsin. Before international remote work begins, arrangements must be coordinated with Risk Management, the Export Control Office, Research and Sponsored Programs, the Office of Cybersecurity, and/or the Office of Legal Affairs.
    4. Approval requires that the S/C/D, relevant campus offices or departments, and the employee address all associated risks and responsibilities. Final arrangements must be documented in the flexible work arrangement.
    5. Approval may also require significant costs and considerations, including:
      • Outside legal counsel (arranged through OLA)
      • Additional insurance
      • Tax laws, regulatory reviews, or other impacts on the university
    6. S/C/Ds are responsible for covering legal and insurance costs.
      1. Employment Laws: As a general rule, employment laws of a host country apply to foreign nationals and U.S. expatriates employed in positions outside the United States. This principle applies to laws relating to compensation, taxes, and benefits, among others. A country may require UW−Madison to register, seek licensure, create a separate legal entity, or seek other permission to employ individuals in the country. Creation of a separate legal entity will require the approval of the UW System Board of Regents
      2. Payroll and Benefits: For a foreign national employed outside of the United States, there are tax implications that require substantial and detailed document tracking. Access to benefits can be affected by the availability of a Social Security number, previous health care coverage, and strict enrollment windows.
      3. Data Security: Data security protections may be required based on United States or international laws, regulations, or policies, as well as cybersecurity risks or vulnerabilities, and certain countries’ network access rules. The Office of Cybersecurity will review proposed arrangements to provide guidance regarding an international remote worker’s use of technology, equipment, and network access to accomplish their work.
      4. Data Privacy: The data an international remote worker intends to collect, access, or transmit may be protected by United States, European Union (EU), or other jurisdictions’ laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), or General Data Protection Regulations of the European Union (GDPR). The Office of Compliance will review proposed arrangements to provide guidance regarding how to reduce risks to the privacy of the data involved. As needed, the Office of Compliance also will consult with the Office of the Registrar, OLA, and/or other data privacy experts at UW–Madison.
      5. Liability Caps and Statutory Immunity: The liability caps and statutory immunity applicable to UW−Madison may not apply to litigation in a foreign jurisdiction.
      6. Intellectual Property: Foreign and international intellectual property laws may apply to an employee working remotely from another country.
      7. Export Control: An export license may be required to provide education services, conduct research, or work for UW–Madison while outside the United States. No online learning or remote work should take place in countries that are considered restricted by UW–Madison due to export control. The list of restricted countries is updated occasionally; a current list can be obtained from the Office of Export Control. In addition, there is a risk to working in countries that are restricted or embargoed by the Departments of State and Treasury. To ensure export compliance, further control measures may be required.
      8. Worker’s Compensation: UW–Madison’s State of Wisconsin Self-Funded Worker’s Compensation Program does not provide coverage for employees who sustain occupational injury or illness while working outside of the United States under an international remote work arrangement. Special arrangements must be made with Risk Management and OLA before an employee starts international remote work.
      9. Purchasing/Procurement: Purchasing and procurement for employees in foreign countries is complex and involves the university’s obligations under State of Wisconsin rules.
      10. Research and Sponsored Project Awards: Sponsors generally expect to be informed at the time of proposal if research activities will take place outside of the United States. The activities may need approvals, permits, or licenses. For example, employees supported by a National Institutes of Health (NIH) award and working in a foreign country may need to notify the NIH Institute/Center through the Office of Research and Sponsored Programs. If the work performed outside the United States is significant, NIH requires additional approval. Other sponsors need to be notified of work in a foreign country to ensure compliance with sponsor terms and conditions.
    7. A S/C/D should follow the processes in this policy to understand the obligations and compliance responsibilities for UW–Madison as an employer, ensure that employees are well-informed of the risks and liabilities associated with international remote work, and mitigate the risks and liabilities for the university and employee.
  10. International Workplace Flexibility

    Due to high risks and liabilities for the university, employees may not engage in workplace flexibility (i.e., occasional remote work) in countries restricted by UW—Madison due to export control. The list of restricted countries is updated periodically and can be obtained from thee Export Control Office.

  11. Review of Denial, Modification, or Revocation
    1. If a flexible work arrangement is denied, modified, or revoked by S/C/D leadership, divisional HR, or the employee’s supervisor, the employee may request a review of the decision by the vice chancellor, dean, or director of their S/C/D. The decision of the vice chancellor, dean, or director is final and may not be appealed.
    2. Vice chancellors, deans, and directors should consider equity concerns when making final decisions.
  12. Non-Compliance
    Failure to comply with this policy may result in:
    1. Immediate termination of the flexible work arrangement.
    2. Disciplinary action, up to and including termination of employment.
Related UW-Madison Policies:
Related UW–Madison Documents, Web Pages, or Other Resources:
External References:

Wis. Stat. § 36.115

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Associate Vice Chancellor/Chief Human Resources Officer
Contact:
Employment Relations Director -- Megan Dzyuba, wr@ohr.wisc.edu, (608) 890-3663
Effective Date:
08-01-2021
Date Issued:
05-19-2021
Revised Dates:

08-13-2021, 03-16-2022, 08-01-2024, 09-03-2025

Retrieved:
09-09-2025 21:54:42