Remote Work Policy

Duke University and the Duke University Health System (“Duke”) place a high value on cross-team collaboration and strong community building in order to create a vibrant campus for our students, faculty and staff. Faculty and staff are essential to foster this vibrant environment. In recent years Duke has seen an expansion of remote work arrangements and is supportive of these arrangements but also recognizes the need for a physical presence to support the community members on campus. While there is no single model for remote work arrangements, Duke is committed to empowering units to develop a range of remote work structures to support their operations and has developed guidance within which departments can create appropriate structures to meet their needs.

This policy contains requirements and guidelines for approving and supporting Remote Work, and identifies certain areas that require additional consideration when remote work is approved.

A Faculty Member who seeks approval for Remote Work should also seek approval for the arrangement to the extent approval is required by the Faculty Handbook (e.g., a request for a flexible work arrangement that includes Remote Work which must be also be approved under the “Flexible Work Arrangement Policy for Regular Rank Faculty Members” located in Chapter 4 of the Faculty Handbook).

1. Policy Statement

Duke Units may approve Remote Work for exempt employees within North Carolina and in Approved States when a Duke Unit approves the position for Remote Work.

Duke does not permit Remote Work for non-exempt employees outside of North Carolina due to the challenges and cost of administering complex employment and overtime regulations. In addition, Duke does not permit Remote Work for any employees outside the United States.

An Employee in a Remote Work position is subject to the same Duke policies, terms, and conditions of employment as all other employees, except when there is an applicable law or regulation in a Remote Work Location.

Duke Units may supplement this Remote Work Policy with local procedures and/or guidance. In the event of a conflict between local procedure/guidance and this Policy, this Policy governs.

2. Definitions

“Approved State” means a state where Duke is a registered employer. The list of Approved States is maintained and updated on the Remote Work website.

“Duke Employee” or “Employee” means faculty, staff or others who are employed by Duke using Duke’s formal employment processes.

“Duke Unit” means an organizational unit within Duke that has authority to authorize Remote Work.

“Hybrid Work” means work by a Duke Employee that regularly works (i.e., on a weekly or monthly basis at both a Remote Work Location and a Primary Duke Worksite.

“Primary Duke Worksite” means a physical location that Duke owns or controls and utilizes as a place where Duke Employees regularly work. This includes the Duke University campus, Duke hospitals and Duke regional healthcare facilities.

“Primary Work Location" means the Primary Duke Worksite or Remote Work Location where a Duke Employee regularly spends the majority of their time.

“Remote Work” means work by a Duke Employee that is carried out on a regular basis at a Remote Work Location.

“Remote Work Employee” means a Duke Employee who is in a position that has either 1) been approved for Remote Work or 2) approved for Hybrid Work with a majority of the Remote Work at a Remote Work Location.

“Remote Work Location” means the non-Primary Duke Worksite where a Remote Work Employee, or a Hybrid Work Employee, performs work.

“Unapproved State” means all U.S. states, other than Approved States. Remote Work is not allowed in these states.

3. Approving a Remote Work Position

A Duke Unit may approve a position for Remote Work on a case-by-case basis if the Unit has authority to make a decision of this nature. If a Duke Unit is unsure if it has such authority, it should check with the Unit to which it reports. If a Duke employee is assigned to more than one Duke Unit (e.g., Faculty Members with more than one appointment), each such Duke Unit must approve of Remote Work.

In deciding whether to approve a position for Remote Work or Hybrid Work, a Duke Unit should consider, with input from others who are impacted by the arrangement (such as supervisors and department heads), whether an Employee in the position can succeed in the position and whether the Duke Unit itself can successfully conduct operations with an Employee in a Remote Work position. The following factors along with any relevant job specific factors, should be considered:

Can the Employee efficiently, effectively and safely work in the Remote Work Location?
What equipment, technology, internet connectivity or other resources will the Employee need at the Remote Work Location? Will the Employee also need access to resources at a Primary Duke Worksite? (Section 7)
How often will the Employee have to visit a Primary Duke Worksite? Will there be different expectations during an orientation period?
What will be the Employee's standard working hours? For Employees who will not be in a Primary Work Location time zone (most often eastern standard time), standard hours should be stated using eastern standard time and consideration should be given to non-standard hours so that the Employee and employees in the Duke Unit are in synch.
When and how often will the Employee be expected to be available to others via email, telephone or video-conferencing?
How often will the Employee be expected to check in with co-workers or supervisors?
Is the Duke Unit consistently offering a Remote Work option to similarly functioning roles across the Unit?
Is the Remote Worksite in compliance with Duke safety standards? (Section 10)

The expectations of a Remote Work employee must be documented in a dated agreement signed by the approving Duke Unit and the Employee. To the extent possible, standard templates and language should be used for such agreements.

4. Changes in a Remote Work Location

A Remote Work Employee may not change their approved Remote Work Location without a new approval for Remote Work as described in Section 3 of this policy. This should include an updated agreement signed by both the approving Duke Unit and the Employee. Any such request should be made at least sixty (60) days before the desired change. A Remote Work Employee may not change their Remote Work Location to an Unapproved State or outside the United States.

If Remote Work becomes problematic based on job performance, the situation will be addressed through existing performance management and other HR policies.

5. Taxes

While a Remote Work Employee is responsible for all personal taxes assessed against the Employee based on the Employee’s Remote Work Location, Duke will withhold and remit federal, state and local income tax with each paycheck based on the designated Remote Work Location. Each Remote Work Employee must provide relevant state or local withholding forms to ensure compliance with out-of-state withholding regulations.

If a Remote Work Employee changes a Remote Work Location without approval, it may result in incorrect payroll tax withholdings in the prior and new location. Duke will not process payroll tax withholdings if an Employee, contrary to this Policy, moves to an Unapproved State or outside the United States.

6. Duke Policies and Laws of Approved States

A Remote Work Employee must follow all Duke policies and procedures, except where a law or regulation applicable to a Remote Work Location requires otherwise. If a Remote Work Employee does not follow a Duke policy, the Employee is subject to disciplinary action in accordance with the applicable Duke policy.

The Remote Work website highlights some key laws specific to employment in each of the Approved States. Each Remote Work Employee should review the laws applicable to their Remote Work Location.

7. Remote Work Location Equipment

A Remote Work Employee must have the equipment and resources at the Remote Work Location as necessary to efficiently and safely perform their job.

In general, Duke will provide a Duke issued laptop to each Remote Work Employee. As needed on a case-by-case basis, Duke may provide additional equipment such as a headset, cell phone, computer monitor(s), and a keyboard/mouse or a printer. To request specialty equipment related to a medical condition (e.g., ergonomic chair, sit/stand desk, a Remote Work Employee must go through Duke’s standard reasonable accommodation process by sending the request to the Duke Access and Accommodation Services for consideration (See Section 12).

For a Hybrid Remote Employee, equipment will be provided for a single work location as agreed to by the Duke Unit and the employee.

Duke will not pay for, or provide a supplement for internet service, land phone lines or utilities.

A Remote Work Employee must use Duke equipment only for Duke business purposes, and must take appropriate action to protect equipment from damage or theft. Upon request by a Duke Unit, a Remote Work Employee must return Duke equipment. A Remote Work Employee is responsible for acquiring and maintaining their own personal equipment for any personal use. Duke accepts no responsibility for damage or repairs to personal equipment.

8. Travel and Expense Reimbursement

Duke will reimburse a Remote Work Employee for bona-fide business travel and expenses as provided for in the Duke travel policy. Each Duke Unit should assess and determine what is bona-fide business travel on a case-by-case basis, with reference to applicable Duke Policies and seeking input from central Finance and Human Resources, when appropriate.

Duke will not pay for or reimburse for the cost of travel when a Remote Work Employee travels a distance that a Duke Unit determines to be a commutable distance to a Primary Duke Site.

9. Data Privacy and Security

Like all Duke Employees, each Remote Work Employee must comply with all federal and state laws, and Duke policies and requirements regarding data privacy, data security and confidentiality, including HIPAA.

To meet these requirements, a Remote Work Employee must comply with Duke's IT Security Office guidelines and protocols, including the use of Duke provided anti-virus software, multi-factor authentication for accessing Duke data online, regularly updating passwords, safely transporting data and documents when moving from one location to another, and where appropriate, using locked file cabinets and desks and a fire-proof safe at Remote Work Locations to store critical documents. If a Remote Work Employee has any questions about how to meet this security requirement, the Employee must contact the IT Security Office to seek help.

10. Safety

A Remote Work Employee must maintain their Remote Work Location workspace in a safe manner. This requires, without limit, consideration of the guidance provided by the Duke Occupational & Environmental Safety Office for establishing and maintaining a Remote Work Location. Each Remote Work Employee and their supervisor should review the Remote Work Safety Checklist at least annually, and make adjustments if appropriate.

11. Workers’ Compensation

Like all Duke Employees, each Remote Work Employee is covered by Duke's workers' compensation policies. If a Remote Work Employee has an accident and/or is injured while working in a Remote Work Location, the Employee must follow all requirements for making a workers’ compensation claim and obtaining treatment. See the Workers’ Compensation webpage for additional information.

12. Accommodations

Remote Work Employees should follow the same process for requesting a reasonable accommodation as do other Duke Employees. Requests must be sent to the Duke Access and Accommodation Services for consideration.

13. Non-Exempt Duke Employees

Non-exempt Duke Employees are not allowed to work remotely outside of North Carolina.

Requests for an exception to this policy should be submitted to the AVP Finance and Controller. All requests must be discussed in advance with the Duke Unit leadership before submission. Exceptions to this policy are expected to be rare and will require the approval of the Vice President, Human Resources and the Vice President, Finance.

14. Employing Individuals in Unapproved States or Internationally

Duke Employees are not allowed to work remotely in an Unapproved State or outside the United States.

Duke maintains arrangements with third-party staffing agencies to facilitate hiring of staff members, in Unapproved States or outside the United States. Additionally, these third-party agencies may be utilized to employ non-exempt Employees outside the state of North Carolina. Individuals employed through these arrangements are not Duke Employees and will not receive Duke benefits. To explore this option, for domestic employment, contact the Human Resources Information Center; for international employment, contact globalsupport@duke.edu .

Requests for an exception to this policy should be submitted to the AVP Finance and Controller. All requests must be discussed in advance with the Duke Unit leadership before submission. Exceptions to this policy are expected to be rare and will be approved by the Vice President, Human Resources and the Vice President, Finance.

Policy Number: 04.21