Policy 115 - Flexible Work Arrangements

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Section: Employment
Policy Number: 115
Responsible Office: HR/HR Services
Effective Date: 4/1/01
Revised: 6/14/05; 7/10/23

Scope

This policy applies to full-time and part-time administrators and staff, as determined by the eligibility criteria in each type of work arrangement.

Policy

The University recognizes the ongoing need to enhance service delivery to its students, improve the efficiency of its operations, and retain valuable employees. Flexibility in the workplace can provide a way to manage people, time, space, and workload more effectively, efficiently, and responsively.

Specific flexible work arrangements (FWAs) covered in this policy include:

  • Job Share
  • Flextime
  • Compressed Workweek
  • Reduced Schedule

For information on telework arrangements (work-from-home), refer to policy #130 Hybrid Work.

Eligibility

To be eligible to request a FWA as covered by this policy, an employee should have at least one (1) year of full-time service with the University, fully satisfactory performance, a job that can accommodate such a request, and a demonstrated work ethic that can support the FWA.

Request and Approval Process

Requests for FWAs are considered on a case-by-case basis, and determinations are made in accordance with the needs, requirements, and constraints of both the department and the employee. Employee and supervisor must complete a FWA Agreement form specific to the type of arrangement being requested. Forms are available on the HR Forms web page.

Approval for a FWA must come from the department head, upon recommendation of a supervisor. All arrangements for flexible work schedules covered by this policy are at the discretion of the University.

Supervisors must submit a completed and approved Agreement form, attached to a Personnel Change Form (PCF), to the Human Resources Services office. HR Services must be notified of all work schedule changes at least two weeks prior to a change. HR Services is responsible for notifying the Benefits and Payroll offices in cases when the FWA will impact an employee's pay or benefits.

If any element of the Agreement does not comply with the University's FWA policy, the agreement shall not be valid.

Trial Period and Periodic Reviews

All FWAs are subject to an initial three-month trial period, during which the effectiveness of the arrangement will be evaluated. Either the employee or the University can decide to discontinue the work arrangement upon completion of the three-month trial, or at any time prior to three months if it is determined to be against the best interests of the University.

Periodic reviews of ongoing FWAs are conducted to evaluate whether the arrangement continues to meet the needs of the population being served (i.e., students, parents, alumni, department, University employees, etc.). The schedule for periodic reviews is established by the supervisor, but should be conducted at least annually as part of the University's performance management process - Recognize Excellence and Development.

Compliance

All FWAs must conform to the overtime, recordkeeping, and meal break provisions of the Federal Fair Labor Standards Act (FLSA) and New York State labor law for employees covered by those provisions. Refer to policy #310, Overtime, in the Compensation section of the HR Policy Manual for specific provisions.

Employment at Will

This policy is not intended to create, and does not create, an employment contract or guarantee of continued employment for any employee; nor does anything in this policy alter the at-will relationship between the University and its administrative and staff employees. Both the University and its employees have the right to terminate the employment relationship at any time, with or without cause or reason.  See HR policy #101 for the University's Employment at Will policy statement.

Job Share

Definition: This arrangement is a form of regular part-time work in which two people share the responsibilities of one regular full-time position. Job share positions are regular part-time, and as such must involve at least a 50% commitment from each member.

Eligibility: This option applies to full-time and part-time administrators and staff. Employees should have at least one (1) year of full-time service with the University, fully satisfactory performance, a job that can accommodate such a request, and a demonstrated work ethic that can support the job share arrangement.

Considerations: The supervisor and employee should consider, at a minimum, the following factors:

  • The advantages of a job sharing situation.
  • The ability to restructure the position for clear division of responsibilities.
  • The impact, if any, on the population being served.
  • The availability of space and equipment (a consideration if both individuals work at the same time or overlap).
  • Scheduling and continuity.

Employees who wish to request that their current full-time position be modified to that of a job share should complete a Job Share Agreement form available on the HR Forms webpage, and submit a written proposal to their supervisor that includes the following:

  1. The advantage to the department.
  2. The proposed work plan and how tasks/duties will be divided.
  3. The proposed schedule and how work hours will be divided.
  4. A plan for communication and cooperation among the members of the job share, the University, and co-workers.
  5. A plan for continuity (e.g., address issues such as covering each other’s work schedule, if the need arises, or trading work schedules).
  6. The proposed start date of the job share arrangement.

Expectations: Clearly communicated expectations should be put in writing by the supervisor and agreed to by the job share participants. Some elements to address include, but are not limited to:

  • The specific time commitment of each participant.
  • Methods of communication among the participants and with the supervisor and the department.
  • Job description that clearly defines the division of duties between the participants.
  • Timing for periodic reviews of the job share arrangement.
  • What to do if one participant leaves the job share.

Benefits: Benefits eligibility for employees who participate in job sharing is the same as for regular part-time employees. Specifically, no benefits, other than those required by law, are provided to part-time employees, except eligibility to participate in the retirement plan if the employee works 1000 hours or more in a year. Employees or their supervisor must contact HR Services at least two weeks prior to the effective date of a job share arrangement so that benefit and payroll changes can be initiated.

Discontinuation: If one of the participants in a job share arrangement leaves the position, it may be necessary, if the search for a replacement has failed, for the department head to require that the remaining employee choose between taking on the full-time responsibilities of the position or leaving it. Normally, the employee will be given at least a two-week notice of return to full-time work or termination.

Flextime

Definition: This flexible scheduling arrangement permits variations in daily beginning and ending times, but does not alter the total number of hours worked in a day and in a workweek. For example, under the flextime option, an employee whose normal hours of work are from 8:30 a.m. to 4:30 p.m. may arrange to work 9:30 a.m. to 5:30 p.m. instead.

Eligibility: This option applies to full-time and part-time administrators and staff. Employees should have at least one (1) year of full-time service with the University, fully satisfactory performance, a job that can accommodate such a request, and a demonstrated work ethic that can support the flextime arrangement.

Considerations: Flextime scheduling may be useful to improve coverage in a department, enhance recruitment, extend service hours, or enhance staff morale. However, not all jobs are well suited for flextime, and the decision to accommodate a request lies with the University.

  • The impact, if any, on the population being served should be considered.
  • The needs of a department may require that employees be present or accessible during a core period of hours each workday, during peak workload periods, or on a particular day of the week.

Expectations: The work schedule that is agreed to should be put in writing so that both the University and the employee have a mutual understanding of the work arrangement. Employee and supervisor will complete the Flextime Work Agreement form available on the HR Forms webpage. Any modifications to the schedule must be approved in writing by the supervisor. The timing for periodic reviews of the work arrangement should be established.

Benefits: For full-time employees in general, because a flextime work arrangement does not alter the total number of hours worked in a day, employees’ total benefits are not be affected by participating in flextime.

Employees or their supervisor should contact HR Services at least two weeks prior to any work schedule change.

Discontinuation: If the flextime arrangement becomes unfeasible at any time, it may be discontinued at the discretion of either the employee or the University, with reasonable notice thereof. Normally, two weeks notice is recommended.

Compressed Workweek

Definition: The compressed workweek allows an employee to complete the standard full-time weekly hours in fewer than five days per week. This arrangement is most conducive to non-exempt employees who work a standard 35, 37.5 or 40 hour workweek.

An example of a compressed work arrangement for a 35-hour workweek might be Monday- Wednesday with hours from 8:30 a.m. to 6:30 p.m. and Thursday with hours from 8:30 a.m. to 4:30 p.m.

The compressed workweek option does not apply during summer months if University offices are closed on Fridays.

Eligibility: This option applies only to full-time administrators and staff, and is most conducive to hourly employees. Employees should have at least one (1) year of full-time service with the University, fully satisfactory performance, a job that can accommodate such a request, and a demonstrated work ethic that can support the compressed arrangement.

Considerations: While most university positions require a five-day presence, and perhaps even availability on weekends and evenings to meet student needs, the University may determine that certain positions can accommodate a compressed workweek.

  • Consideration should be given to the impact on the population being served.
  • Any core time/day requirements and peak work periods should be assessed.
  • The employee’s demonstrated responsible behaviors, and ability to work independently and without direct supervision.

Expectations: The work schedule that is agreed to should be put in writing so that both the University and the employee have a mutual understanding of the work arrangement. Employee and supervisor will complete the Compressed Workweek Agreement form available on the HR Forms webpage.

Any modifications to the schedule must be approved in writing by the supervisor.

  • A plan should be established for continuity of work and communication during non1working days.
  • The timing for periodic reviews of the work arrangement should be established.

Benefits: In general, because a compressed workweek does not alter the number of hours worked in a week, employees continue to receive full benefits. However, holiday pay and the accrual rate of paid leave may be affected due to the impact of a non-working day during each week. Employees should contact HR Services for specific information about their  work arrangement.

Discontinuation: If the compressed workweek arrangement becomes unfeasible at any time, it may be discontinued at the discretion of either the employee or the University, with reasonable notice thereof. Normally, two weeks notice is recommended.

Reduced Schedule (Formerly, Academic Year Positions)

Definition: In this arrangement an employee works full-time hours each week, but for a period less than twelve months per year (but not less than nine months). Typically, these positions extend through the academic year (September 1 through May 31) in a consecutive nine-month period; however, they may have other beginning and ending dates, depending on the needs of the job, the employee, and the department.

Eligibility: This option applies to full-time administrators and staff. Employees should have at least one (1) year of full-time service with the University, fully satisfactory performance, a job that can accommodate such a request, and a demonstrated work ethic that can support the reduced schedule arrangement.

Considerations: The following elements, though not all-inclusive, should be taken into consideration when a supervisor is considering a request from an employee for a reduced schedule:

  • The reasons for the request.
  • How well suited the job is for the proposed reduced schedule arrangement, and the impact on the department.
  • The impact on the population being served (e.g., students, parents, alumni, internal employees, etc.).
  • The need or ability to restructure the job duties and responsibilities to accommodate a reduced schedule.
  • Any core time requirements that may exist (i.e., peak workloads during the year).

Expectations: Expectations should be clearly communicated and put in writing so that both the University and the employee have a mutual understanding of the work arrangement. Any modifications to the work schedule must be approved in writing by the supervisor. Some elements to address should include, but are not limited to:

  • The employee’s specific time commitment during the year.
  • Any modification to job duties or responsibilities as a result of the reduced schedule.
  • A plan for continuity during non-working periods.
  • Method and criteria for performance evaluations.
  • Timing for periodic reviews of the work arrangement.

Benefits: Full-time employees on a reduced schedule continue to be eligible for full health insurance and tuition remission benefits. Salary, paid leave, contributions to a university-sponsored retirement plan, and other benefits become prorated. Employees who are considering this type of FWA should contact the Benefits Office for specific information about how their benefits would be affected.

Discontinuation: If the reduced schedule arrangement becomes unfeasible at any time, it may be discontinued at the discretion of either the employee or the University, with reasonable notice thereof. Normally, two weeks notice is recommended.

St. John's University, New York
Human Resources Policy Manual