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Flexible Work Arrangements Q&A
General Questions
Why flexible work options?
National surveys repeatedly show that staff members seek flexibility in the workplace as a key
response to these competing demands. A recent study found that the number one work factor correlating
with employee commitment and loyalty was recognition by the institution of the importance of personal
and family life and support for these responsibilities.
There are also significant organizational benefits to be derived from these arrangements. Flexible
work options can improve staff morale, increase productivity, reduce absenteeism and turnover, enhance
customer satisfaction and improve competitiveness for job candidates.
How long should a flexible working arrangement be in place after
the agreement is reached? All arrangements should be piloted before a
regular agreement is implemented. The supervisor and staff member must include
regular reviews of the arrangement to decide what is working and what needs to
be improved or enhanced. Each agreement should have a start and end or renewal
date. Is there any time when a supervisor can terminate or vary the
arrangement? The supervisor can terminate or amend the agreement based on
a number or reasons, including operational changes, staffing changes, leadership
changes, performance, etc. If the termination or amendment to the arrangement is
not a mutual agreement, the supervisor must provide at least two weeks notice in
writing to the staff member. Can the denial of a request for a flexible
work arrangement be grieved? The grievance procedure does not apply to
decisions regarding flexible work arrangement requests. Can a request for a
flexible work arrangement for the same position but in different entities or
schools be handled differently? Can one be approved and the other denied?
Yes. Since every job, staff member and situation are different; it cannot be
assumed that the same decision is appropriate for two similar positions.
Supervisors know the operations of their department/unit(s) best and are
responsible for final decisions on how to get the work accomplished. But keep in
mind that supervisors have the authority to say yes or no to a flexible
arrangement, or to postpone consideration of flexible arrangements to another
time.
Can a supervisor mandate work arrangements for an entire unit or
department?
It is in the supervisor's interest to consider individual scheduling
preferences and to make the best effort to respond to these, to avoid reduced
productivity or the challenges and costs of turnover. However, a supervisor may
change work schedules and arrangements to accommodate organizational needs.
The staff member's ability to end the arrangement distinguishes a flexible
work option from a non-traditional work schedule implemented by the
school/entity/department/unit to accommodate an organizational goal. For
example, if the school/entity/department/unit determines the need for extended
hours or weekend coverage and requires a staff member to change to different
hours of work, this becomes a requirement of the job. If the staff member does
not like the arrangement, he/she may not have the ability to convert the
position back to the original schedule.
Are flexible work arrangements only for mothers with childcare
responsibilities? The guidelines for flexible work arrangements at Duke
are offered as a means of support for all. The concept is based on the need to
make work and personal schedules more compatible. If you think you can benefit
from a flexible work arrangement, speak to your supervisor to discuss what
arrangements may be made to suit your own preferences and the organization's
needs. What happens if a staff member who is working a
flexible work arrangement wants to return to his or her previous schedule?
The staff member should discuss this with his or her supervisor at least 30 days
prior to the date he or she wishes to resume the previous schedule. The
supervisor may or may not be able to approve the request, depending on the needs
of the business unit. What happens if a staff member with a flexible work
arrangement transfers to another department? The staff member and the
staff member's new supervisor should discuss the situation and determine if the
staff member's current flexible work arrangement is appropriate for the new
position and department. The staff member may have to complete a new flexible
work arrangement proposal and agreement form. Do all flexible work arrangements at Duke have to be one of the six options
defined by Duke? Can an arrangement be a combination or a modification of one of
these options? The six options described in Duke's guidelines are the most
common types of flexible work options. Supervisors and staff can modify or
combine elements of these or other arrangements to accommodate individual
situations or needs. Regardless of the type of flexible work option, the
arrangement should be formalized in writing so the expectations and
responsibilities are clearly defined for both the staff member and supervisor. How often can a
person change his/her flexible work arrangement?
That will depend on a number of factors,
including type of arrangement, the school/ department/unit's operational needs,
the frequency of requests, the success of current arrangements, etc.
Do the guidelines for flexible work options apply
to bargaining units at Duke? No. Staff
members employed in positions that are governed by a bargaining contract must
negotiate flexible work arrangements. Who
initiates a request or takes primary responsibility for completing a proposal
for a flexible work arrangement? Flexible
work options are generally introduced in a work environment by a staff member
who determines that he/she would like to have a flexible work option. However,
supervisors may also suggest flexible work options for some or all staff
members. The staff member and the supervisor are encouraged to discuss their
needs and to work together to develop the best possible arrangements for their
situation.
Supervising/Managing
What are the benefits to my department/unit/entity of flexible work arrangements?
There is a strong business case for flexible working arrangements. The benefits include:
- Improved retention and staff commitment: staff may remain with an employer longer have a higher level of commitment when an organization provides access to more flexible work arrangements
- Improved productivity: flexible arrangements can provide uninterrupted time for creative, repetitive or highly detailed work; they can also help take advantage of different work styles (early energy vs. late energy); flexible arrangements may also help to reduce tardiness and absences due to personal commitments.
- Improved service: a flexible approach to working time can potentially be used to extend service delivery, improve customer relations and deal with time zone differences.
- Cost savings: reduced staff turnover, training costs and possibly accommodation costs contribute to improving competitiveness.
- Improved recruitment: more flexibility can attract potential staff members when vacancies arise, especially in a situation where applicants can make comparative evaluations of job offers; skilled and experienced people may be attracted back into the work force, and a match can be achieved between skills and current market shortages.
If flexible work arrangements are available to all staff members, how will
supervisors handle all of the requests and ensure adequate coverage?
Traditional schedules meet the needs of the majority of staff members. Staff
members who do request flexible work arrangements most often ask for slight
changes in their daily arrival and departure times, changes that pose the
least challenge for an staff member's supervisor and co-workers.
If a supervisor receives multiple requests that all cannot be accommodated,
how do he/she rate the needs of the requesters to decide which requests to
approve?
Reasons for
the requests should not be used as the only factor in making a decision. If
the staff members' requests are similar in terms of their ability to continue
to meet job requirements, seniority and performance may be factors in
determining which request to approve. The supervisor may ask the staff members
for input into a solution that would enable the staff members to meet their
individual needs as well as the needs of the business unit. How do you
supervise staff members working at home? If staff members work at home as
an established flexible work arrangement, then supervisors should set up a
structured system for management. The emphasis will focus on the completion of
tasks rather than based on time. Performance measures should be agreed and then
monitored. Communication is very important for those working at home.
Once a flexible work arrangement has been approved, how can it be introduced
smoothly into the work group to address perceptions of fairness or
redistribution of work?
It's a good idea to make sure everyone is consulted when new working arrangements are introduced. It's part of good management practice to ensure staff members are treated fairly and that they are not overloaded with work as the result of a flexible work arrangement by another staff member. Resentment may arise if no arrangements are made to deal with part of someone's job responsibilities if the person's hours are reduced. Remember, if hours are reduced so is the pay! Where there is a worry that colleagues may find the flexible work arrangements unfair, supervisors, at the planning stage, should meet with the work group/department to define work parameters and develop a system to manage the work group/department's work schedule. For example, it would be useful to agree to procedures for the following:
- Methods of briefing staff - e.g. on new tasks, progress, continuing tasks
- Methods of dealing with forwarding - e.g. calls from the office, urgent correspondence, other correspondence
- Assessing performance - how and when this will be done
- Scheduling meetings - how and when will they be scheduled
- Discussing problems relating to the flexible working arrangement - how and when these will be dealt with.
How should a supervisor handle a situation
where it may be appropriate to approve one person's request for flexibility and
deny the request of another?
All decisions should be focused on organizational needs and objective
criteria related to work performance and job demands. A consistent approach to
analyzing the situation should be applied. Then, it is important to communicate
to each requestor the decision and its rationale. Documenting the basis for
these decisions is always a good idea in case questions arise later. Staff and
Labor Relations can help you develop objective criteria to use and a strategy
for communicating your decision.
Can flexible work arrangements be used for a limited time to meet
fluctuating work demands, such as the need for expanded hour coverage at the
beginning of a semester or at the end of the fiscal year, or to allow for more
flexibility when work demand is less, such as during the summer?
Yes. For example, if it would be useful for an office/unit to have extended
hours during the beginning of a semester or high volume period to accommodate
special demands, flextime could be implemented. Some staff could have the
opportunity to work an early schedule (such as 7 a.m. to 3 p.m. or 8 a.m. to 4
p.m.), while others would work a late schedule (such as 11 a.m. to 7 p.m.). At
the end of the specified time frame, traditional hours may be resumed. Likewise
some offices/units may choose to offer compressed work schedules during slower
time periods, with longer mid-week hours and early departure on Fridays or late
arrivals Monday. Later on, this revision may no longer be appropriate for the
demands of the office/unit and traditional work hours could be resumed. It is
very important for the supervisor to establish clear expectations on the time
frame limits of this arrangement before it begins. What is the appropriate level supervisor who should be involved in approving
a staff member's flexible work arrangement request? This may vary by
department/school/entity. If you are a supervisor who has been asked to review a
flexible work arrangement request and you are not sure if other leadership staff
should be involved in the evaluation process, consult with your supervisor.
Benefit/Payroll Issues
How does vacation, sick leave, holidays or PTO get calculated under a
flexible work arrangement?
Tracking vacation, sick leave, holidays and PTO is the responsibility of the
staff member and his/her supervisor. Refer to the Benefits/Payroll Checklist for
clarification of time off usage and accruals and any other pay or benefits
changes that may occur depending on the arrangement chosen.
If a part-time exempt staff
member works a greater number of hours than specified in the approved flexible
work arrangement request, is he or she eligible for extra pay? As with all
exempt staff members, part-time professionals are paid for the job they do
rather than the number of hours required to complete the job. They are not
eligible for additional pay for additional hours worked. However, if a part-time
professional regularly works more than the weekly scheduled hours, the work
schedule and/or job expectations may need to be re-evaluated.
If
a paid holiday falls on a day on which a staff member is not normally scheduled
to work, can the staff member take off one of his or her regularly scheduled
days that week? No. A staff member who is not normally scheduled to work on
the day on which a holiday falls should not take another day off that week
unless he or she schedules vacation or PTO. However, there may be situations in
which exceptions are appropriate. For example, for a job-sharing arrangement in
which one partner works the first half of the week and the other partner works
the latter half of the week, the partners may want to rotate their schedules so
that both partners benefit from Monday holidays.
How do flexible work arrangements affect overtime pay?
It will depend on the school/department/unit's current designated overtime option. The only arrangements that require a specific overtime option are compressed work week and job sharing. These options require all non-exempt staff to have an overtime option of #3:
- Compensation for all qualifying overtime hours over forty in a workweek is made at one-half times the staff member's weighted average adjusted overtime rate.
- Normally staff members on Overtime Option #3 may be paid overtime by this method only if they work a permanent ten hour or twelve hour per day work schedule, or work a schedule which frequently involves varying hours each work day.
How do flexible work
arrangements affect the accrual rate for Vacation and Sick Leave or PTO?
No adjustment is required as long as regular
hours worked remains the same. If an arrangement is implemented that affects
hours worked such as decreasing regular hours worked with an abbreviated or part
time work schedule, then an adjustment will be made by the supervisor. The
supervisor should contact the Benefits Office at 684-5600 to discuss how time
off accrual may be affected.
Who should a
supervisor or staff member consult to determine if a flexible work arrangement
may affect a person's benefits?
First
review the Benefits/Payroll chart, which provides an overview of the
appropriate changes for each of the flexible work options. If you still have
questions, contact your entity/department HR representative or the Benefits
Office at 684-5600. Would I be eligible for additional pay if the
majority of my hours fall within a shift where a premium is paid? In cases
where the staff member is requesting to work a flexible work schedule and the
majority of hours fall within a shift other than that normally scheduled, the
staff member is not eligible for shift premium.
Eligibility
Are supervisors eligible for
flexible work arrangements? Yes. Supervisors should follow the same guidelines
for flexible work arrangements. However, it may be more challenging if there are
staff members who need supervision during the hours you are unavailable. Are non-exempt
staff members eligible for flexible work arrangements?
Yes. Non-exempt staff members are eligible for flexible work arrangements.
However, supervisors need to be mindful of wage and hour laws when evaluating
non-exempt staff members' flexible work arrangement requests. Certain types of
flexible work arrangements - such as a nine-day/80-hour compressed workweek -
could result in overtime pay for a non-exempt staff member.
Job Sharing
I have one vacant FTE (1.0) that I would like to use for a job sharing experience. Am I limited to a 50/50 split on the FTE or do I have other options?
The division of the FTE (1.0) should be based on what it would take to
complete the work and the applicant available to share the job. For example, a
60/40 split may work for your operation and meet the needs of the applicants.
Ensure that the applicants understand what benefits they are eligible for based
on the regular hours worked. What if one job-sharer leaves? Be sure
to outline expectations for how this will be handled in the written agreement
prior to implementing a job-sharing arrangement. The staff member should discuss
this with his or her supervisor at least 30 days prior to the date he or she
wishes to resume the previous schedule. The supervisor may or may not be able to
approve the request, depending on the needs of the business unit. Many
supervisors offer the full-time post to the remaining sharer, but it may not be
practicable for them to work full-time. Normally a job-share vacancy is
advertised in the same way as any other. If filling the post is difficult the
remaining sharer may have to become full-time. Or the sharer could continue
part-time and the other half of the job is re-allocated.
10- or 9-Month
Arrangements
How does a 10- or 9-month arrangement work? Staff members
(non-exempt and exempt) may apply annually to reduce a 12-month continuous work
arrangement to either a 10- or 9-month's period of time each year where job
duties and responsibilities permit. During the corresponding 2 or 3 months
leave, the staff member retains eligibility for benefit plans. These
arrangements work particularly well when positions are in support of 9-month
faculty appointments or in employing departments where there are fluctuating
work demands. In some cases, a temporary staff member may be utilized to assist
during the leave period. At the end of the 2 or 3 months leave, the staff member
is expected to return to their full work schedule and position. When an
individual works less than the 12-month continuous appointment, they are paid
for time worked. Annual pay increases will be based on annual salary increase
guidelines, performance evaluations and contributions to the department.
For a 10- or 9-month arrangement, how does the staff member ensure
continuation of insurance plan coverage during the leave period? The staff
member approved for the 10- or 9-month arrangement will be able to make
arrangements with the Benefits office to pay the staff member portion of the
insurance plans for the period of the leave. For a 10- or 9-month
arrangement, can the staff member use accrued vacation, sick leave, holidays or
PTO during the leave period? Accrued vacation, holidays or PTO/Short Term
Bank may be paid during the leave period at the staff member's request and the
supervisor's approval. Accrued sick leave or PTO from the Long Term and Carry
Over Banks may not be used during this period. For a 10- or 9-month
arrangement, will vacation, sick leave, holidays or PTO accrue during the leave
period? During the period of unpaid leave, vacation, sick leave, holidays
nor PTO will accrue. If the staff member is being paid for accrued vacation or
PTO during any portion of the leave, vacation and sick leave will accrue during
any period of paid leave. Vacation/PTO will accrue pro-rata based on the 10- or
9-month appointment.
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