ASSIGNMENT, WORK LOAD, AND SCHEDULES: TELEWORK

Definitions

Faculty Member

"Faculty member" means a person who is employed by an institution of higher education, including a college district, on a full-time basis as a member of the faculty or staff and whose duties include teaching, research, administration, including professional librarians, or the performance of professional services. However, the term does not include a person employed in a position that is in the institution's classified personnel system or a person employed in a similar type of position if the institution does not have a classified personnel system. Education Code 51.101, .992(a)(1)

Telework

"Telework" means a work arrangement that allows an employee of an institution of higher education to conduct on a regular basis all or some institutional business at a place other than the employee's regular or assigned temporary place of employment during all or a portion of the employee's established work hours. Education Code 51.992(a)(3)

Telework Prohibited

An institution of higher education, including a college district, may not allow telework for an employee except as provided by this section. Education Code 51.992(b)

Exceptions

Temporary

Illness

Necessary

Accommodation

An institution of higher education may allow telework for an employee on a temporary or permanent basis if the employee has a

temporary illness. Education Code 51.992(c)

An institution of higher education may allow telework for an employee on a temporary or permanent basis if the employee has a temporary or permanent medical condition or disability requiring the institution to make a reasonable accommodation under state or federal law for the telework. Education Code 51.992(c)

Qualified

Employees in

Nonteaching

Positions

An institution of higher education may allow telework for an employee on a temporary or permanent basis if the employee is employed in a nonteaching position and:

1. Has demonstrated the ability to work well with minimal supervision;

2. Has a deep understanding of the employee's duties and responsibilities;

3. Has demonstrated the ability to manage the employee's time;

4. Has a record of thoroughly and efficiently accomplishing the employee's duties; and

5. Is employed in a position that does not require the employee's day-to-day physical presence at the institution or in-person interaction with students, administration, or other employees.

Education Code 51.992(c)

Part-Time Faculty

An institution of higher education may allow telework for an employee on a temporary or permanent basis if the employee is employed in a teaching position but is not a faculty member of the institution. Education Code 51.992(c)

Full-Time Faculty

Teaches Only a

Distance

Education or

Dual Credit

Course or

Program

An institution of higher education may allow telework for an employee on a temporary or permanent basis if the employee is employed in a teaching position and is currently assigned to teach only a course or program that the institution has:

1. Approved for remote instruction in accordance with the institution's academic oversight or faculty governance procedures; and

2. Designated as distance education or a dual credit course or program provided by the institution.

Education Code 51.992(c)

On a Temporary

Research

Assignment

An institution of higher education may allow telework for an employee on a temporary or permanent basis if the employee is employed as a faculty member and is on a temporary research assignment located off the institution's campus. Education Code

51.992(c)

Assignment

Includes

Telehealth

Services

An institution of higher education may allow telework for an employee on a temporary or permanent basis if the employee is employed as a faculty member who provides telehealth services as part of the employee's assigned clinical, research, or instructional duties. Education Code 51.992(c)

Dual Credit

Course or

Program

Instruction

This policy does not prohibit an employee of an institution of higher education from providing instruction for a dual credit course or program:

1. At the campus of a school district or open-enrollment charter school; or

2. If required for the course or program, by telework.

Education Code 51.992(d)

Catastrophe

An employee of an institution of higher education is exempt from the prohibition on telework during the period of a catastrophe that, as determined by the institution's chief administrative officer or the officer's designee:

1. Is an event that directly interferes with the employee's ability to work in person, such as:

a. A fire, flood, earthquake, hurricane, tornado, or wind, rain, or snowstorm;

b. A power failure, technical breakdown, cyber attack, transportation failure, or interruption of communication facilities;

c. An epidemic; or

d. A riot, civil disturbance, or enemy attack or another actual or threatened act of lawlessness or violence; and

2. Either:

a. Poses or may pose a danger to the employee's physical health or safety; or

b. Prevents or may prevent the employee from performing the employee's assigned duties at the institution.

After the period of a catastrophe, an institution of higher education shall make all reasonable efforts to ensure that an employee of the institution engages in telework only as provided by this section.

Education Code 51.992(e)-(f)