Remote Work

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

University Policy

Rationale/​Purpose:

As part of an evolving workforce management strategy, and reflective of both the labor marketplace and an interest in maximizing operational efficiency, 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.
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 remote work agreement.
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 such as home or in an office space near home. This definition does not include workplace flexibilities, research trips or other business travel, sabbaticals, or permanent off-campus work sites established by the university (e.g., field stations, CERN, IceCube). Note: An employee who is assigned to work at alternative locations owned or leased by the university is not a remote worker within the scope of this policy.
Remote work agreement
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. These agreements include out-of-state and international work agreements.
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 remote work agreement.
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

    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. 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. Remote work arrangements are not appropriate for many roles on campus; however, this policy recognizes and embraces the dynamic, continually evolving nature of work on campus. As new tools and methods for connectivity become available, the university remains open to modifying its approach to remote work arrangements. The efficiency and effectiveness of remote work arrangements will be evaluated regularly.

    Each school/college/division (S/C/D) determines the specific procedures for evaluating and approving or denying a remote work request in a manner consistent with this policy and the university’s goals of equity, inclusion, and diversity. 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 as outlined in Section III below. Some positions may require employees to work remotely as part of the expectations for the position.

    A remote work arrangement must be agreed upon by S/C/D leadership, divisional HR, and the employee’s supervisor to ensure an arrangement is feasible, secure, reliable, effective, and meets the operational and academic goals of the S/C/D. S/C/D leadership may delegate approval of remote work arrangements to supervisors, but leadership must ensure compliance and alignment with this policy. An employee whose work cannot be performed at a location away from their assigned work location is not eligible to work remotely.

    This policy provides direction to UW–Madison employees for remote work within Wisconsin, outside Wisconsin but within the United States, and outside the United States. This policy does not affect UW-5049 Standard Office Hours and CPP 14.02 Alternative Work Schedules (University Staff). S/C/D may issue additional policies, guidelines, or requirements that build on the requirements of this policy but may not waive requirements of this policy nor create requirements which conflict with this or any other university-wide policy.

    This policy applies to any new or revised remote work agreements on or after August 1, 2024. All existing remote work agreements in effect must be re-executed to comply with this policy no later than October 1, 2024.

  2. Roles and Responsibilities
    1. Employees who work remotely are responsible for all of the following:
      1. Working with their supervisors and other identified staff to ensure compliance with applicable laws, policies, and procedures.
      2. Making any necessary adjustments for their personal income taxes and benefits; and
      3. Working with campus IT staff to ensure any technology necessary to perform their work roles is compatible, secure, and in good working order.
    2. S/C/D must comply with an automated workflow process. In certain circumstances, this process may involve consultation with, or provision of technical guidance from, one or more of the following offices depending on the type and location of remote work:
      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 a remote work agreement, and either can suggest remote work as a possible 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 interest of the university and employee. Remote work should not cause significant legal, reputational, physical, or other risks for the university, S/C/D, or employee.

      There may also be instances in which positions, at the point of advertisement/recruitment or during the hiring process, are determined to be eligible for partial or full remote work arrangements. Standard language is available for use in advertisement, recruitment, and hiring documents. All such positions with a partial or full remote work arrangement will require a remote work agreement, and are subject to the provisions of this policy, including regular review as described in III.E.

    2. Remote work arrangements are considered on a case-by-case basis by evaluating all of the following factors:
      1. Job responsibilities (e.g., jobs that require physical presence for effective performance are not suitable for remote work).
      2. The effective functioning of the overall unit (e.g., trainees may need in-person assistance; flow of information may be shared more quickly among those physically present; etc.).
      3. Potential cost savings to the university, S/C/D, and department.
      4. The needs and preferences of the employee.
      5. Employee performance.
      6. Equipment needs, workspace design considerations, office space, and scheduling issues.
      7. Inequities between 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. To participate in a remote work arrangement, the arrangement must meet the S/C/D’s operational needs and other conditions of employment, and the employee must successfully perform their job responsibilities and performance expectations (same standard as employees working onsite).
    4. The supervisor should communicate in advance what assignments and tasks are appropriate to be performed remotely and how the assignments will be measured in meeting performance expectations. Performance expectations must be consistent across similar roles, regardless of whether employees work remotely or onsite.
    5. An employee approved to work remotely must enter into a Remote Work Agreement.
      1. The agreement will be kept by the S/C/D pursuant to record retention requirements and in the employee’s personnel file. Remote work agreements will be reviewed and updated annually, at the start of the fiscal year, July 1st, or as warranted due to contract period, changes in work responsibilities, availability of equipment, or evolving workplace practices. During this review, S/C/Ds, divisional HR, the employee’s supervisor, and employee will determine whether remote work continues to be appropriate, including whether it continues to meet operational needs.
      2. The agreement must address expectations for when the employee shall be physically present for onsite activities as deemed necessary by their supervisor or unit leadership (e.g., team meetings, group retreats or teamwork conducted onsite), with reasonable notice, as well as expectations for onsite workspace.
      3. The agreement will identify any reimbursable expenditures.
      4. The agreement must designate the employee’s headquarters location and remote work locations effective throughout the remote work period. Any changes in remote work location during a remote work agreement requires approval by the employee’s supervisor.
    6. A remote work agreement may be modified or revoked by a supervisor or employee based on evaluating the factors described in III.B above. If a supervisor determines that an agreement should be modified or revoked, the supervisor 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. If a supervisor modifies or revokes a remote work agreement, the employee may request a review of the supervisor’s decision by the vice chancellor, dean, or director of the employee’s S/C/D, as provided in Section XI below.
    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 remote work agreement. The following rules apply when determining if a remote work agreement 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 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 remote work agreement 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

    The work schedule of a remote work employee will be determined by the supervisor and employee with approval by the supervisor and divisional HR before the start of the remote work. This schedule will be documented in the Remote Work Agreement.

    An employee who works remotely (full or part-time) is expected to follow the same expectations as employees performing similar duties onsite. An employee who works remotely must:

    1. Perform all job responsibilities in a manner that meets the identified expectations of the position and as identified in the remote work agreement.
    2. Maintain a safe and functional workspace that supports meeting job expectations.
    3. Maintain regularly scheduled and approved work hours (determined by the S/C/D) and be accessible during those hours.
    4. Follow the rules and regulations governing overtime, compensatory time, and leave, which are applicable regardless of location.
    5. Communicate with their supervisor and colleagues as necessary to meet operational needs and the requirements of the position.
    6. Comply with UW–Madison’s employee policies and procedures.
    7. Attend meetings and functions onsite as articulated in remote work agreement which may include days they would customarily work remotely.
    8. Comply with UW–Madison’s Division of Information Technology (DoIT) guidelines for securing a remote workstation.
    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.
    11. Follow expectations outlined in the Remote Work Procedures Manual.
  5. Equipment, Materials, and Supplies

    The needs for equipment, materials, and supplies for remote work employees will vary based on the position. Equipment provided to remote work employees, and its related costs, are determined, approved, and tracked by supervisors, departmental leadership, or divisional HR. As the university begins to employ additional staff in remote work arrangements, it is expected to provide additional guidance on what costs and investments for offsite workspaces are allowable.

    In general, employees are provided with a single computer (e.g., laptop) for performance of their responsibilities, unless additional equipment is otherwise required by the nature of the work performed. Employees with remote 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. For employees who work both remote 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.)

    Prior to final approval for remote work, an employee must ensure that their remote workspace has the privacy, physical and technical security, appropriate equipment, software, and internet access to adequately perform their work responsibilities. Employees should reach out to their supervisor or divisional HR for assistance as needed.

    Maintenance of any university-owned equipment issued to a remote work employee will be performed only by a university-authorized technician. Maintenance and repair of employee-owned equipment is the responsibility of the employee.

    Upon termination of the Remote Work Agreement or employment with UW–Madison, the employee must return all university-owned equipment, materials, and supplies to the university.

  6. Data Privacy and Security

    A S/C/D with employees working remotely should adhere to information and requirements provided by the Office of Compliance and the Office of Cybersecurity to establish a plan for employees to remotely access needed resources and data in light of the type of information involved, type of computing environment required, and data privacy and security concerns identified as a result of the employees’ job functions and remote work locations. Those with complex needs with respect to requirements, including travel to areas with restrictions, should consult with the Office of Compliance and Office of Cybersecurity in advance of travel.

  7. Compensation and Benefits

    Remote work allows for flexibility in work options, but it does not change the terms and conditions of employment. Although an employee’s salary and benefits do not change as a result of remote work, there may be payroll, tax, and benefit implications for employees who work remotely from a location outside of the State of Wisconsin or outside the United States. In these instances, divisional HR should consult with the payroll and benefits departments in OHR to determine benefits eligibility, discuss provisions of service, and ensure compliance with relevant payroll and tax laws and regulations.

    Supervisors shall 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. Additional information regarding these instructions and other information related to Worker’s Compensation can be found in the Remote Work Procedures Manual.

  8. Out-of-State Remote Work

    Although UW–Madison is a Wisconsin-based employer, the university recognizes that out-of-state remote work may be necessary and beneficial to meet the goals of the university. Out-of-state remote work is complex and involves increased costs and legal risks to UW–Madison due to employment laws, taxation rules, data privacy and cybersecurity risks, and other compliance requirements in other states. In addition, the university’s Worker’s Compensation coverage and employee liability protections do not automatically extend to locations outside the State of Wisconsin, so special arrangements must be made with Risk Management and OLA before an employee starts remote work from outside the State of Wisconsin.

    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 the operational needs of the university and whether the employee can meet performance expectations working out-of-state. Employees currently in state are required to notify their supervisor in advance of their desire to work remotely out-of-state. There may also be instances in which positions, at the point of advertisement/recruiting or during the hiring process, are determined to be eligible for out-of-state remote work arrangements. S/C/D leadership, divisional HR, and the employee’s supervisor decide whether to allow an individual to perform out-of-state work.

    An employee who works remotely out-of-state must enter into an Out-of-State Remote Work Agreement. 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 out-of-state remote work, and mitigate the risks and liabilities for the university and employee.

  9. International Remote Work

    Employing a globally minded and diverse workforce is essential to UW−Madison’s mission and status as a research-intensive university. To successfully achieve this mission, the university recognizes that a S/C/D may wish to employ individuals who will live and work remotely outside the United States. A S/C/D may employ an international remote worker only if the remote work is for a documented and approved business necessity. Business necessity justification must be approved by the S/C/D leadership and filed with OHR.

    Employing individuals to perform work outside the United States is complex and involves increased costs and legal risks to UW–Madison due to employment laws, taxation rules, data privacy and cybersecurity risks, and other compliance requirements in other countries. In addition, the university’s employee liability protections do not automatically extend to locations outside the State of Wisconsin, so special arrangements must be made with Risk Management and OLA before an employee starts remote work from outside the United States.

    Prior to approval for international remote work, the following risks and liabilities need to be addressed between the S/C/D, identified campus offices or departments, and the employee. The final arrangements will be reflected in the International Remote Work Agreement. Approval for international remote work may require the expenditure of significant money on outside legal counsel (arranged through OLA), purchase of additional insurance, and consideration of tax laws, regulatory, or other impacts on the university. Payment for the cost of legal fees and insurance is the responsibility of the S/C/D.

    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.

    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

    Engaging in work in a country that is considered restricted by UW–Madison due to export control poses high risks and liabilities for the university. An employee may not engage in workplace flexibility in any country restricted due to export control, as described in Section IX. 7. above. The list of restricted countries is updated occasionally; a current list can be obtained from the Export Control Office.

  11. Review of Denial, Modification, or Revocation

    If an employee requests a remote work arrangement and the request is denied by S/C/D leadership, divisional HR, or the employee’s supervisor, or if a supervisor modifies or revokes a remote work agreement, the employee may request a review of the decision by the vice chancellor, dean, or director of the employee’s S/C/D. The decision of the vice chancellor, dean, or director is final and may not be appealed. Vice chancellors, deans, and directors should consider equity concerns when making a final decision.

  12. Non-Compliance

    Failure to comply with the requirements and provisions of this policy may result in the immediate termination of any remote work arrangement determined not to be in compliance and/or discipline 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

Retrieved:
01-14-2025 08:44:15