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MSC05 3357
1 University of New Mexico
Albuquerque, NM 87131

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Administrative Policies and Procedures Manual - Policy 3245: Remote Work

Date Originally Issued: 06-08-2023

Authorized by RPM 6.3 ("Privileges and Benefits")
Process Owner: Vice President for Human Resources

1. General

Remote Work is an alternative work arrangement that allows an employee to perform all or part of their work away from a UNM worksite. With appropriate approvals, UNM considers remote work to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Remote Work may be appropriate for some employees and jobs, but not for others. It is not an entitlement, and participants remain subject to all of the terms and conditions of employment with the University or any collective bargaining agreement, if applicable. For more information regarding application of this policy, see the Remote Work Process, located on the HR website.

1.1. Existing Remote Work Arrangements

Employees with existing out of state remote work arrangements that conflict with Sections 3 and/or 5.3 of this policy shall be granted an exception provided that employees submit a Remote Work Agreement (RWA) for Out of State Remote Work within ninety (90) calendar days of the effective date of this policy.

2. Definitions

  • UNM Worksite: Physical UNM campus or a UNM-designated location.
  • Alternate Work Location: Location, other than a UNM Worksite, where an employee is expected to perform some or all of their duties as established by a written Remote Work Agreement.
  • Employee Worksite: UNM Worksite or Alternate Work Location where the employee is expected to perform their duties.
  • Remote Work: The practice of employees performing some or all of their duties from an Alternate Work Location either in-state or out-of-state.
  • Hybrid Remote Work: Performance of work duties split between a UNM Worksite and an Alternate Work Location in the State of New Mexico.
  • In-State Remote Work: Performance of all duties from an Alternate Work Location in the State of New Mexico. In most situations, remote workers will not have an assigned UNM worksite.
  • Out-of-State Remote Work: Performance of all duties from an Alternate Work Location in a state other than New Mexico, or the performance of work duties split between a UNM Worksite and an Alternate Work Location in a state other than New Mexico. In most situations, remote workers will not have an assigned UNM Worksite.
  • Remote Work Agreement (RWA): A written agreement that establishes the specific conditions that apply to employees working in an Alternate Work Location.
  • Situational : Working off-site on a case-by-case basis for a short-term or temporary period that is not part of a previously established Remote Work Agreement.

3. Eligibility

For purposes of this policy, "employees" includes staff in regular, term, contract, temporary, or on-call appointments.  Eligibility for Remote Work is as follows:

  • All employees are eligible to request Remote Work within the state of New Mexico in accordance with Section 5.
  • Only employees designated “exempt” under the provisions of the Fair Labor Standards Act are eligible to request Out-of-State Remote Work in accordance with Section 5.
  • Alternate Work Locations outside of the United States are not authorized for Remote Work.
  • This policy does not apply to individuals specifically appointed as faculty, undergraduate and graduate student employees, or School of Medicine Resident Physicians.

4. Compliance with Policies

Employees engaged in Remote Work must agree to comply with university rules, policies, practices, and instructions and understand that violation of such may result in the revocation of the RWA and/or disciplinary action, up to and including termination.  Employees engaged in Remote Work will be subject to all UNM policies and procedures, including those relating to performance and productivity, impairment, conduct, information security, and data protection.  For additional information regarding expected conduct for remote workers and etiquette standards for virtual meetings, see the Remote Work Process.

5. Establishing a Remote Work Agreement (RWA)

All Remote Work is subject to the approval process, requirements and limitations set forth in this policy and must not begin until approved in writing through a Remote Work Agreement.  The specific approvals required for different types of RWAs are outlined below.  No University employee is entitled to or guaranteed the opportunity for Remote Work. 

Each department is responsible for tracking the RWAs in effect for their department and renewing them as required. The approved RWA shall be kept in the employee’s official personnel file maintained by the Division of Human Resources.

Supervisors must ensure that Remote Work decisions are made for appropriate and non-discriminatory reasons, and in compliance with this policy.  In evaluating a request for Remote Work, supervisors should assess the degree to which an employee’s job duties can be accomplished remotely at an Alternate Work Location.  When assessing multiple requests for Remote Work within a department, supervisors and chairs/directors should consider factors to ensure equitable program participation, such as the impact to operations and business needs, equitable distribution of work, and maintaining appropriate office coverage.

Remote Work may be considered on a case-by-case basis as a reasonable accommodation as provided by UAP 3110: Reasonable Accommodation for Employees, Job Applicants and Participants with Disabilities for qualified employees with disabilities.

5.1. Hybrid Remote Work

Approval of an RWA for Hybrid Remote Work is at the discretion of the supervisor and department chair/director and is subject to their ongoing review.  Employees with an approved RWA for Hybrid Remote Work may be required to modify their schedule and/or perform work from their UNM Worksite on an as-needed basis at the direction of the supervisor.  The RWA may be subject to modification or termination at any time based on operational or business needs of the University, including revisions to this policy, and may be modified or terminated by the department chair/director with a minimum of thirty (30) days’ notice.

5.2. In-State Remote Work

Approval of an RWA for In-State Remote Work is at the discretion of the supervisor and department chair/director and is subject to their ongoing review.  An RWA for In-State Remote Work may be initiated by the employee or be a requirement of the position at the time of hire.  It may be subject to modification or termination at any time based on operational or business needs of the University, including revisions to this policy, and may be modified or terminated by the department chair/director with a minimum of thirty (30) days’ notice.

5.3. Out-of-State Remote Work

Out-of-State Remote Work only will be approved when there is a compelling business or operational justification for allowing out-of-state work. The Alternate Work Location, not the employee’s place of residence, is a key factor in determining if work is performed out of state. An employee who lives out of state but whose Alternate Work Location is within New Mexico does not constitute Out-of-State Remote Work.

Approval of an RWA for Out-of-State Remote Work is at the discretion of the appropriate Dean/VP or equivalent and is subject to their ongoing review.  RWAs for Out-of-State Remote Work must be reviewed and renewed at least annually.  Agreements may be made for shorter terms, but not less than three (3) months.  All existing and newly hired Regular employees requesting an RWA for Out-of-State Remote Work must agree to an employee status of Term Appointment employee, in accordance with UAP 3200.  Renewal is not guaranteed; the remote work arrangement, operational, and business needs will be considered in determining whether to renew the Term Appointment and RWA. 

See Section 6 for additional requirements for employees with RWAs for Out-of-State Remote Work.

5.4. Situational Remote Work

Situational Remote Work allows employees to work off-site on a case-by-case basis for a short-term or temporary period with the approval of their supervisor.  Situational Remote Work arrangements should not typically exceed three months in duration, and do not require the submission or approval of an RWA.

5.5. Employee Disagreement with Denial, Termination, or Non-Renewal of an RWA

An employee who disagrees with a denial of a request for an RWA, or the University’s decision to modify, terminate or not renew an existing RWA, may request reconsideration by the appropriate Dean/Vice President.  Denial after a request for reconsideration by the Dean/Vice President may be appealed to the Vice President of Human Resources, who will coordinate with the appropriate Executive Vice President to approve or deny the request.  Appeals must be submitted in writing within fifteen (15) calendar days of the denial and include the reasons justifying the request for appeal including how the employee will ensure that business and operational needs will be met while working remotely, identify whether the employee believes the decision did not follow policy or procedure, and provide all documentation supporting the request. An employee’s failure to return to their UNM campus work location following an expired or terminated RWA may be subject to disciplinary action in accordance with university policies.

6. Out-of-State Employee Responsibilities

Employees working remotely in a state other than New Mexico are responsible for verifying that their Worksite Address is accurately reflected in UNM’s Banner system.

Any change in an approved Alternate Work Location requires a new RWA. Employees with an approved RWA for Out-of-State Remote Work must request a new RWA prior to any change in their Alternate Work Location, and if approved, update their Worksite Address in UNM’s Banner system.  Out-of-State employees that change locations without first requesting a new RWA may be subject to disciplinary action in accordance with UNM policies.  The employee’s Department will be subject to any fines and penalties imposed on the University due to its failure to correctly apply payroll deductions and taxation reporting due to inaccurate reporting of worksite locations.

Taxes, payroll deductions, and the applicability of other labor and employment laws may be different depending on the state or locality where the work is performed. The employee will be solely responsible for any and all tax, insurance and/or benefit consequences/deductions, if any, of any RWA and for conformance to any local laws, regulations and ordinances (including, but not limited to, local zoning laws, regulations and ordinances).

The University will not provide any individual guidance to the employee regarding potential tax or personal insurance (such as homeowner’s insurance) implications arising from the RWA. Should the employee have any tax, insurance, or legal questions relating to their remote work arrangement, the employee is encouraged to consult with their own legal and/or tax professional.  Employees who have questions regarding the applicability of UNM health benefits in other states should contact HR Benefits and Employee Wellness.

Additional considerations related to Out-of-State RWAs are addressed in the following policies and it is the responsibility of the employee seeking an Out-of-State RWA to become familiar with such policies:

7. Duties and Assignments

The total number of hours that employees with RWAs are expected to work will not change, regardless of work location. While remote working, the employee is expected to maintain the same productivity, performance, communication, and responsiveness standards as if working at the regular UNM Worksite. While working remotely, employees are still expected to request leave according to department and University policy regarding each type of leave.

Remote Work is not intended to serve as a substitute for child or adult care during work hours as stipulated in the RWA. 

Non-exempt employees must receive prior approval from their supervisor prior to working overtime and are required to accurately report work hours and approved leave, and strictly adhere to required rest and meal breaks in full compliance with UNM policies, relevant collective bargaining agreements, and federal, state, and local guidelines.

8. Alternate Worksites

Employees working remotely are required to ensure a worksite environment suitable for accomplishing their regular job duties during scheduled work hours.  The employee will be responsible for ensuring that they have a reliable and secure network connection to support remote work activities.  In the event of a network connectivity or other disruption impacting an employee’s ability to perform their duties remotely, the employee may be required by their supervisor to report to the UNM campus, seek a suitable alternative worksite to enable them to perform their duties, or used accrued annual leave.  For more information, see UAP 3300: Paid Time.

8.1. Safety

The employee is responsible for designating a space at the Alternate Work Location and creating and maintaining a safe and secure work environment, including maintaining the Alternate Work Location in an ergonomically sound manner. The employee is responsible for reviewing resources that provide information on a safe and ergonomically sound work environment at https://ehs.unm.edu/occupational-safety/ergonomics/index.html.

8.2. Equipment, Records, and Security

The University may provide equipment, software, data, supplies and materials for use for the duration of the RWA, based on the position requirements and within the resource limitations of the department. The employee will be responsible for the safety and security of all University-owned equipment, records, and materials at the Alternate Work Location, including compliance with the New Mexico public records statutes governing the retention and production of public records. The supervisor shall have shared responsibility for ensuring public records generated by a remote employee are properly and adequately maintained and accessible as if the employee were working on a UNM campus.  For more information regarding computer use generally, see the following:

9. Allowable Purchases and Reimbursable Expenses

For information regarding purchases/reimbursement of equipment/materials/services and travel costs and time worked for pay purposes, refer to the below policies:

10. Exceptions

Any requests for an exception to this policy must be sent to the Vice President for Human Resources, who will coordinate with the University President, or appropriate executive vice president, who will approve or deny the request.

11. References