Flexible Work Policy

Purpose

To provide a flexible model of work at the University that allows eligible Employees, based on job requirements and operational needs, the opportunity to request a Flexible Work Arrangement that prioritizes service needs and considers, where possible, the Employee's personal preferences enable effective technology, space and work practices.

The goals of the policy are to:

1. contribute to Employee wellbeing and work-life balance;
2. expand the University's ability to attract and retain talent;
3. enhance work productivity, accessibility and job satisfaction; and,
4. realize opportunities for efficiencies and sustainability.

Scope

This policy applies to all members of the NSGEU bargaining unit and all Managerial and Professional Employees.

Should there be a conflict between this document and a Collective Ageement between the University and one of its employee groups the applicable Collective Agreement will govern.

Definitions

For the purposes of this policy:

1. A "Department Head" is the most senior employee within a department (usually a Director or Dean).
2. An "Employee" is any person employed by the University covered by this policy.
3. "Flexible Work Arrangement" refers to a Hybrid Work Arrangement or Remote Work Arrangement governed by this policy.
4. "Flex@X" is the program established to oversee employee participation in Flexible Work Arrangements. Flexible Work Arrangements are governed by this Policy and the Flex@X program terms and conditions.
5. "Remote Work" is work performed by an Employee from the Employee's place of residence or another remote location where the Employee is not physically present at the University.
6. A "Remote Work Arrangement" is a work schedule that includes only Remote Work while maintaining the Employee's regualr weekly hours of work and delivering on required work responsibilities.
7. "In-Person Work" is work performed by an Employee when the Employee is physically present at the University.
8. A "Supervisor" is the person to whom an employee reports within the organization.

Policy

Guilding Principles

The University is, first and foremost, committed to providing an exceptional in-person, residential learning environment for students. Beyond this, Flexible Work is governed by the following principles:

1. Operational and Service Needs: Flexible Work is dependent on the operational and service needs of the department. Impact on other departments and University-wide operational effectiveness will also be considered. Operational effectiveness and service delivery standards will not be compromised as part of Flexible Work.
2. Productivity and Effectiveness: Flexible Work is intended to facilitate work productivity and effectiveness. Approval will be dependent on the nature of the work performed, and the ability for the work to be performed productively and effectively to the same level that would be expected were there no Flexible Work arrangement. 
3. On-Campus Presence: On-campus presence is key to a vibrant campus community. Regular presence on campus is an important part of the employment relationship for most roles. 
4. Transparency: Decisions on Flexible Work must be made in a transparent manner.
5. Employee Preference: Employee preferences will be considered when developing and approving any Flexible Work agreement, if operational and service requirements can be met.
6. Regular Review: Flexible Work agreements will be reviewed regularly by the Supervisor with the Employee and may be terminated or changed with appropriate notice.

Considerations

In making the decision to approve a Flexible Work Arrangement, the following must be considered:

1. Operational and service needs and safety requirements can be effectively and efficiently maintained (student service needs will be prioritized in assessing and approving regular Arrangements).

2. Job requirements can be productively and effectively performed remotely to the needed quality standards.

3. If Hybrid or Remote, the work does not require close supervision and the duties can be performed with a degree of independence from the Employee’s supervisor/manager and co-workers.

4. The Arrangement will not unduly hinder or delay the work of other Employees or negatively impact the delivery of services and supports to students and community members. 

5. If Hybrid or Remote, the Employee has a suitable remote workspace (e.g. privacy, free from distractions, ergonomic workstation set-up) and reliable internet access to allow for needed connectivity.

6. The Employee does not have any performance concerns or unresolved workplace issues that would inhibit the success of a Flexible Work Arrangement.

Exceptions

Flexible Work Arrangements are not a replacement for formal medical and family status accommodations. Employees requiring accommodations should contact People and Culture (medical) or Human Rights and Equity (family status).

It is understood that Employees, during their duties, may be required to travel or work on behalf of the University at remote locations to attend conferences and other work-related events. These activities are not considered Remote Work Arrangements and are not covered by this Policy.

Overview of Flexible Work Arrangements

Flexible Work Arrangements fall into four categories:

1. Flex Time (Earned Time Off);
2. Flex Time (Modified Schedule);
3. Hybrid Work Arrangements (Remote work up to 60% of working hours); and,
4. Remote Work Arrangements (Remote work for more 60% of working hours).

In the case of Flex Time, the Employee modifies their work schedule either through Earned Time Off (working extra hours for time off later) or a Modified Schedule (varying start and end times). In the case of Hybrid and Remote Work Arrangements, the Employee maintains their regular weekly hours of work. In all cases, an employee is still required to deliver on all required work responsibilities. 

Each of these categories is explained further in Appendix A. Additional terms and conditions for Hybrid and Remote Work Arrangements are outlined in Appendix B.

Flexible Work Arrangements can be either regular or ad-hoc:

1. Regular: an arrangement established on a regular basis as part of an Employee's regular work schedule.
2. Ad-hoc: an arrangement on a one-off or occasional basis, not to form part of an Employee's regular work schedule, based on a particular short-term circumstance or work requirement.

Approval of Flexible Work Arrangements

While all eligible Employees can request a Flexible Work Arrangement, they are not a right or an entitlement. Approval of these arrangements is based on operational requirements and the Employee's specific role and responsibilities.

The decision to approve, deny, terminate, or otherwise modify a Flexible Work Arrangement is at the discretion of the University. Where the decision is made to deny a request for a Flexible Work Arrangement, the reason will be provided to the Employee at the time the denial is communicated. Employees may appeal a denial to People and Culture within five (5) business days of the denial.

Regular Flexible Work Arrangements

Existing Employees may request a regular Flex Time (Earned Time Off or Modified Schedule), Hybrid or Remote Work Arrangement at least twenty-five (25) business days in advance of the desired start date. Employees should discuss the desired Arrangement with their Supervisor in advance of submitting the request. 

The Supervisor shall determine if the arrangement is feasible, taking into consideration established policies and practices within the unit as well as any formal accommodation requests. Supervisors should conduct a review of the job, operational requirements, interdependencies, logistical details and coordination of work within and outside the unit/department to determine whether the request is suitable for a Flexible Work Arrangement. Consultation with People and Culture is available if necessary.

Approval of the Arrangement is required by the Employee’s Supervisor, Department Head and People and Culture. The Supervisor and Department Head will have a combined total of ten (10) business days to respond. People and Culture will then have a further ten (10) business days to respond. All requests will be assessed on an individual basis, in a fair and consistent manner, to ensure equitable application of this policy. 

Where two or more applications for Flexible Work Arrangements are received from the same unit, the Supervisor will evaluate the applications based on the considerations above. In the event two or more applications are demonstrably equal but it would not be practical to approve some or all the Arrangements, the Supervisor will make a reasonable effort to find a resolution which allows the employees the opportunity to participate in the program. In the absence of a resolution, Flexible Work Arrangements will be approved based on seniority (from most senior).

A regular Arrangement will be reviewed regularly (at least every twelve (12) months) and will have a specified start date and end date. Flexible Work Arrangements will be documented and signed by the employee, Supervisor and People and Culture.

Ad-Hoc Flexible Work Arrangements

Employees may request an ad-hoc Flexible Work Arrangement by making a request in writing to their Supervisor. Ad-hoc Arrangements are one-off requests that are more than ten (10) business days but less than ninety (90) calendar days in duration, to address a particular circumstance or work requirement. Approval is required by the Supervisor in advance and communicated to People and Culture.

New Employees

The University will not normally approve Flexible Work Arrangements during an employee’s probationary period. Exceptions will only be permitted in exceptional circumstances with the approval of People and Culture.

Monitoring of Flexible Work Arrangements

Flexible Work Arrangements must be reviewed on a regular basis (no less than once per year) to determine whether they are meeting the needs of the Employee and the University. Both the Supervisor and the Employee should expect ongoing adjustments. A periodic review and evaluation will allow issues to be identified and corrected by adjusting details of the Arrangement. Factors that could trigger the need to modify the arrangement include operational impact, work performance, and employee satisfaction.

Work Location

Unless otherwise agreed to by the University as set out in this policy, Employees must reside in and perform their work in the Province of Nova Scotia, within a location that allows them to attend the University premises when needed at the Supervisor’s discretion. An Employee’s Supervisor may approve an Employee’s request to work outside the Province of Nova Scotia for a limited duration with the maximum period not to extend beyond thirty (30) calendar days in a one-year period. Approvals for an Employee to work outside the Province of Nova Scotia for a period beyond thirty (30) calendar days, may only be granted in rare and extenuating circumstances, with the approval of the Vice-President, Finance and Administration on the recommendation of People and Culture. All such approvals must be documented and reviewed by People and Culture.

Impact on Terms and Conditions of Employment

Approved Flexible Work Arrangements do not change or otherwise amend an Employee’s terms and conditions of employment with the University, including compensation and benefits, employment status, work responsibilities, and required training. A Flexible Work Arrangement is not a right of employment and the University retains its contractual rights, including the right to assign work, to reorganize the workplace and the work pursuant to the applicable collective agreement, employment contract, policies, and laws.

Individuals participating in a Flexible Work Arrangement are subject to University policies and procedures, and applicable legislation and regulatory requirements regardless of their Flexible Work location.

Conflict of Commitment

Employees with Flexible Work Arrangements are still expected to avoid conflicts of interest and conflicts of commitment as defined in the Conflict of Interest Policy.

Privacy, Confidentiality and Information and Data Security

Regardless of an Employee’s working location, Employees are responsible for protecting the confidentiality of University information. This includes adhering to all information technology and privacy policies and ensuring that unauthorized personnel do not have access to University systems and confidential information. Any breach in security or violation of any IT policy may result in immediate termination of a Flexible Work Arrangement and/or disciplinary action. Employees should be aware of and implement the University’s minimum cybersecurity controls.

Change or Termination of Flexible Work Arrangements

The University reserves the right to terminate or alter the Flexible Work Arrangement at its sole discretion at any time. At least ten (10) business days written notice will be provided by the University to the Employee of termination or change to the Flexible Work Arrangement. Less than ten (10) business days’ notice may be provided if there are health and safety considerations, or other exceptional circumstances.

The Employee may request to change the Flexible Work Arrangement by providing at least twenty-five (25) business days’ notice prior to the desired effective date of the change. Review and approval of the change will follow the same process and criteria as the Flexible Work Arrangement request.

The Employee may terminate the Flexible Work Arrangement by providing at least twenty (20) business days written notice to their Supervisor. The notice period may be reduced with the agreement of the Supervisor.

If the Employee changes positions at the University, the Flexible Work Arrangement will be reviewed by the new Supervisor with the Employee and may be changed or terminated in accordance with this policy.

Existing Flexible Work Arrangements

All Flexible Work Arrangements in place as of the effective date of this policy must be reviewed and re-approved under this policy within ninety (90) calendar days. Flexible Work Arrangements which are not re-approved will automatically end ninety (90) calendar days following the effective date.

Supplemental Documents

• Flex@X Program Guide and Application

Appendix A: Types of Flexible Work Arrangements

This Appendix provides additional information on the types of Flexible Work Arrangements permitted under this Policy. Not all Flexible Work Arrangements will be available to all Employees.

Flex Time (Earned Time Off) Work Arrangement

An Earned Time Off Flex Time Arrangement is a form of modified work scheduling where employees work longer days or shifts in exchange for time off at a later date, on a regularly scheduled basis. The extra time worked is tracked (or ‘banked’)and taken on a pre-determined schedule.

Time off during a Flex Time (Earned Time Off) arrangement must be used as scheduled. There will be no payout of unused time.

Example: Employees work an extra half hour per day by taking a shortened lunch break. The employees are paid for a normal 35-hour work week and the extra half hour is put into their earned time off bank. Employees in the department use the time in the bank to take one day off per month on a rotating schedule.

Considerations

• Provides Employees additional time off and reduced commuting.
• Supervisors may be able to extend daily operating hours on busier weekdays.
• Useful for employees who wish to reduce the number of days per week spent at work but cannot financially afford to decrease their working hours.
• Longer daily hours can create greater physical and mental exertion.
• This type of arrangement is not appropriate in situations where overtime would otherwise be applicable.

Flex Time (Modified Schedule) Work Arrangement

A Modified Schedule Flex Time Arrangement is a work scheduling arrangement in which employees continue to work their normal hours each week but either:

• Maintain varied work hours outside the typical work day for their department; or,
• Work a compressed work week (such as four days instead of five) with longer daily hours.

Flexible work schedules allow employees to balance their work and home commitments by aligning their work hours with when they are most productive. In addition, flexible work schedules help reduce time spent commuting during conventional peak hours. Modified schedules are better suited for jobs where productivity can be measured through output of work rather than student/client/customer facing roles which require alignment with operating hours.

The maximum number of hours per day an employee can work under a Modified Schedule is twelve (12).

Supervisors and Department Heads may, at their discretion, provide employees with reasonable flexibility in start/end times on an occasional basis without a documented Flexible Work Arrangement. A Flexible Work Arrangement is required where the employee’s working hours are amended on an ongoing basis.

Example: An employee may request to start work at 7:00 am and end at 3:00 pm on an ongoing basis. 

Considerations

• Allows for an Employee's schedule to align with other personal commitments and increases Employee satisfaction.
• Employees can take advantage of quieter office time to allow better focus on uninterrupted work while most coworkers are not in the office (either earlier or later in the day).
• May improve customer service by staggering Employees' working hours and extending hours of operation accordingly.
• Can reduce lateness and absenteeism, increase Employee morale and is an incentive for recruitment and retention.
• May not be feasible for certain student/client or customer-facing positions.
• Adjustments/modifications to schedules may be needed at times, such as to ensure attendance at required staff meetings.
• Modified schedules should include specific hours of work and must conform to the hours of work provisions in the applicable collective agreement or employee handbook.

Hybrid and Remote Work Arrangements

Remote work is a work arrangement that allows employees to perform their usual job duties at an approved alternative location. This can take the form of either a Hybrid Work Arrangement where employees split their time between working in-office and remotely as much as 60% of the time, or a Remote Work Arrangement where employees work remotely more than 60% of the time.

Positions with a high level of autonomy and minimal requirements for face-to-face interaction are most appropriate for remote work arrangements. Supervisors need to consider and establish means and methods for supervision and monitoring of workload and results. They should determine the frequency and method of communication with their employees to ensure performance expectations are met, and 

communication channels are open. Employees working remotely are expected to maintain their regular hours of work unless alternate arrangements are made with their supervisor. It is expected that anyone working remotely will maintain a normal workload. 

Faculties and departments which are providing remote work options for employees should ensure that there is appropriate coordination across the unit which takes into consideration minimum on-campus service levels, availability or workspace for employees working on campus, and any requirements for all staff to be present on campus for certain meetings or events.

Example: An employee may request to work from home Mondays and Fridays, while continuing to work in the office Tuesdays, Wednesdays, and Thursdays each week. 

Considerations

• May be a strategic tool to retain valued employees who want to work from home for some or all of the time.
• With a suitable remote work environment, Employees can work with minimal distractions, resulting in improved productivity and efficiency.
• May allow employees to organize their workday around their personal peak productivity periods, peak work demand periods, as well as accommodating family and personal needs.
• Implementation of remote work across a department may result in better space utilization.
• Often changes the fundamental way work is performed and requires a review of department operations, job duties and responsibilities and performance management practices before determining if such an arrangement is appropriate.
• Employees need to consider whether they have suitable alternative space to perform their work without decreasing productivity.
• Supervisors should provide guidelines for procedures on meeting with clients and ensuring appropriate University policies are adhered to.
• Consider the issue of isolation of the Employee, which may result in feeling less engaged with the work of the department or University.

Appendix B: Hybrid and Remote Work Arrangement Terms and Conditions

Time Spent Working Remotely

For Hybrid Work Arrangements the percentage of time worked remotely will not normally exceed 60% and will be job dependent, based on operational needs. The amount of remote work may fluctuate based on peak or slower periods. The actual days of the week that the Employee is scheduled to work remotely may be structured (i.e. a set schedule or rotating schedule) or may be unstructured and fluctuate from week to week depending upon changing work priorities. In both cases, the schedule must be approved in advance by the Supervisor, as reflected in the Hybrid Work Arrangement.

Regular Remote Work Arrangements (those with Remote work more than 60% of the time) will be considered only for jobs that have limited to no in-person requirements and where the nature of the work is conducive to primarily remote delivery or there is a business imperative for remote work. Remote Work Arrangements will be considered on an exception basis and will require additional approval from the Vice-President, Finance and Administration and Director, People and Culture.

Employee Obligations

Employees on an approved Flexible Work Arrangement must:

1. Adhere to the agreed upon terms of the Flexible Work Arrangement and the terms of this policy;
2. Perform the full scope of their regular job duties to the expected quality and performance standards while working remotely;
3. Work their regularly scheduled hours of work, including taking their lunch and break periods;
4. Maintain regular availability during their working hours and maintain contact with their colleagues, clients, and supervisors/managers as required;
5. Ensure they have suitable workspace free from distractions and a suitable workstation set up and equipment to perform their work remotely; and,
6. Maintain the regular standards of professionalism while performing Remote Work.

From time to time, Employees may be required to attend meetings, training, or other events in-person on a day that they would normally be working remotely. Where possible, the Employee will be provided with advance notice of the requirement to attend work in-person and may be provided the opportunity to work an alternate remote day if operationally feasible. 

Employees may be required to attend campus in the event of an emergency without advance notice.

Employees must not receive visitors, hold in-person meetings, or otherwise conduct in-person duties in their home. If an Employee is required to meet with others for reasons relating to the performance of their duties, arrangements must be made to do so on campus or virtually using software that is prescribed by the University (e.g. Teams, etc.).

Supervisor Obligations

Supervisors, in consultation with Department Heads, will:

1. Determine the service standards and operational needs for their department or faculty and will define how services will be delivered in-person and remotely to meet the needs of students and the University community;

2. Consider the importance of regular in-person team engagement and will ensure appropriate in-person coverage for times when the University or units of the University are physically open. It is expected that administrative offices are open and have coverage for walk-ins and general service needs for students and members of the University community;

3. Assess and approve requests for Flexible Work Arrangements in a fair and consistent manner, prioritizing operational and service needs and considering Employee preferences where feasible;

4. Ensure appropriate supervision of Employees when working remotely and will have regular communications with Employees about their work expectations. Hours of work will be monitored to ensure compliance with overtime obligations; and,

5. Conduct team/departmental meetings and communications in a manner that allows for meaningful participation by Employees who are working in-person and Employees who are working remotely as part of a Flexible Work Arrangement.

University Property, Technology, and Equipment

The University will provide the technology and equipment and workspace necessary for the Employee to perform their in-person work at the University. In-Person workspace will generally be shared if more than 50% of the Employee’s work is performed remotely. 

Employees with an approved Regular Flexible Work Arrangements are required to have access to a University owned laptop to use when performing Remote Work. Remote Work should be performed using a University owned computer with the appropriate updates and security maintained. Where a University owned laptop (or other approved University owned computing device) is not available, a Flexible Work Arrangement including remote work will generally not be approved.

Any additional technology or equipment required to support the Flexible Work Arrangement will be the responsibility of the Employee. Requests for additional equipment or supplies to facilitate Remote Work must be made to the Supervisor and will be assessed on a case-by-case basis, dependent upon the nature of the work. Requests for equipment for remote work must be approved by the Vice-President, Finance and Administration.

The use of University property, technology and equipment while working remotely shall conform to all relevant University policies and procedures. The Employee shall take all reasonable steps to ensure the safety and security of University property, technology and equipment while working remotely.

The University is not responsible for loss, damage or wear of Employee-owned equipment or property. Repair and/or replacement costs and liability for privately owned equipment used while conducting business on behalf of the University is the responsibility of the Employee.

Employees are not permitted to take or store University cash or other valuables in their Remote Work location except in exceptional circumstances as authorized by their Department Head.

Health and Safety

Employees must comply with health and safety policies, standards and regulations while working remotely, including taking every appropriate and reasonable precautions to maintain safe working conditions at their Remote Work location. Employees should be aware of the Remote Work Location Safety Guidelines.

Employees seeking medical accommodation for an Ergonomic Setup at a Flexible Work Location must do so in accordance with applicable University policy.

In the event of an injury, while performing work tasks at a Flexible Work Location, the Employee should follow the same reporting procedures as if they are on University premises.

Employees are responsible for complying with all applicable laws and ensuring they maintain adequate home/tenant insurance coverage.

Expenses

Employees are responsible for costs related to their Flexible Work Location (e.g. sufficient quality Internet access, utilities, home maintenance, property and liability insurance, or other incidental expenses). The University does not reimburse employees for any expenses related to their home office including, but not limited to, office furniture.

Employees will not be reimbursed for any costs not pre-approved by their Supervisor in accordance with University procedures and guidelines. Employees are responsible for travel and parking costs incurred between their Flexible Work Location and the University premises or for parking at their Flexible Work Location.

The University does not take on any responsibility with respect to the decision of an Employee to make a deduction on their tax return. Any communication or resource materials provided to the Employee by the University in respect of potential deductions are not to be considered tax advice.