Remote Workers Outside of Michigan

  • Policy Type: Human Resources
  • Policy Title: Remote Workers Outside of Michigan
  • Policy Number: NA
  • Office Responsible: Human Resources, Financial Services & Information Technology
  • Related Policies: Information Security & Acceptable Use; Data Security, Server Security
  • Related Procedures: NA
  1. Purpose Statement
    Oakland Community College (OCC) recognizes the occasional need to permit individuals working on behalf of the college to work outside the State of Michigan (whether in another state or another country, e.g. Canada). In some circumstances, remote work opportunities may allow OCC to meet its business needs and increase the college’s ability to attract and retain top talent. Remote out-of-state work is never guaranteed. To promote efficiencies, and due to legal complexities, including state and federal compliance issues, OCC’s approval from both Human Resources and Financial Services is required prior to extending an offer for each individual working on behalf of the college, yet residing outside of the State of Michigan.
  2. Policy
    Positions filled at OCC’s Michigan campuses by current employees, and/or candidates or remote workers who live outside the State of Michigan, but seek to work on behalf of the college, may be required to obtain their employment through a preapproved third-party agency, such as Edustaff or Kelly Services, due to, among other considerations: pre-employment, as well as specific state leave laws and requirements; specific state tax withholding requirements; specific state unemployment and workers compensation requirements; and, specific state retirement laws, and benefit plans. Human Resources and Financial Services may review and address each request on a case-by-case basis, taking into consideration the unique and essential operational and business needs of the college.
  3. Scope
    This policy applies to all current workers (executive managers, faculty, academic staff, support staff, and student employees), as well as prospective workers/candidates whose primary work site will be outside the State of Michigan.
  4. Definitions
    1. Oakland Community College (OCC) worksite – Any college designated facility, or a college owned, leased, or operated facility.
       
    2. Remote out-of-state worker (RW)– A current employee or prospective applicant/worker whose primary work site will be outside the State of Michigan.
       
    3. Remote Work Agreement (RWA) – A signed agreement for out-of-state workers concerning work times and conditions, between the college and the employed worker/candidate or the worker/candidate and the approved third-party agency. 
       
    4. Remote work arrangement – Any work arrangement where an individual performs work tasks on a regularly scheduled basis at a pre-authorized and remote work site.
       
    5. Remote work site – The location where an out-of-state worker designates or identifies as their primary work site when not working at the OCC work site.
  5. Procedures

    Approval

    A. The hiring manager for the position must seek approval from Human Resources for the employee or candidate to work outside of Michigan.  Upon review, Human Resources and Financial Services shall determine if the employment services shall be through an approved third-party agency or through the college. If employment through the college is recommended, Human Resources and Financial Services will work to secure all necessary payroll tax requirements.
    If Human Resources and Financial Services determine that a candidate or current employee should be employed by an approved third-party agency (e.g., Edustaff, Kelly Services), that individual shall be directed to complete the hiring process procedures and work schedules/work plan through the third-party agency.
    Once a candidate/employee has either completed the third party’s hiring process procedures or the college’s, they may begin their work assignment after a RWA with either the third-party vendor or the college, has been signed.

    Review

    B. Departments are expected to review RWAs annually at a minimum, and renew or update as appropriate.

    Modification

    C. An amendment, modification, or extension of an RWA may be made anytime with a written agreement between the supervisor, the remote worker, and Human Resources.

    Cancellation

    D. A RWA may be cancelled anytime upon written notice to the remote out-of-state worker.  The remote out-of-state worker may also rescind an approved request to work remotely in writing to their supervisor. If feasible, two weeks’ notice should be given.

  6. Work Plan & Work Rules

    Department supervisors are responsible for establishing a work plan and work rules for individuals working remotely that set performance expectations, communication procedures, and privacy and security requirements during the remote work assignment.  Supervisors and remote workers shall certify that the remote work plan rules have been discussed in the RWA.

    Work Schedules – In addition to the specific departmental rules, the below rules must be followed:

    1. The department supervisor and RW will determine which days and hours during the pay period they can work remotely. Work schedules must be reviewed and approved, modified, or denied by the supervisor. A RW cannot modify or adjust their schedule without prior approval by their supervisor.

    2. If a RW needs to travel to the OCC’s Michigan campuses to work for part of the business day, the travel time to and from the official work location is not part of the scheduled work hours.

    3. The RW is expected to attend all assigned meetings remotely or in person. When a RW attends a meeting virtually, their camera must be on.

    4. If a RW is directed by a supervisor to report to OCC’s campuses for a meeting, the RW must report.

    5. A RW scheduled to work remotely on a day when the OCC work location is declared closed or inaccessible is expected to work remotely.

    6. If an equipment failure or a power outage occurs at the remote work location, the RW must immediately notify their department supervisor.

    7. A RW is to perform only official duties and not conduct personal business while on work status at the remote work location.

    8. Remote workers must comply with department requirements and any applicable collective bargaining agreements regarding illness and absence reporting and the use of leave credits.

  7. Office Supplies 
    Office supplies and printed documents will not be mailed to the remote worker’s work location. If a remote worker needs to print, make copies, or needs office supplies, they may return to one of OCC’s Michigan campuses. Otherwise, remote workers must purchase their own office supplies.

  8. Health & Safety
    Remote work locations are considered extensions of the OCC workspace during scheduled remote work hours. In the RWA, individuals must certify that their remote workspaces are safe and secure.

  9. Travel Regulations
    Remote workers with authorized out-of-state remote work arrangements are not eligible for reimbursement for travel between a remote work location and any OCC campus work location.

Change Log:
11-14-2024 Effective Date
11-20-2024 Updated Purpose Statement