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Associate Vice Chancellor for Human Resources

Revised August 24, 2020; Revised and Reformatted, February 20, 2006; supersedes former policy HR2.30

UNC Policy 300.3.1[R]; 08.211 Compensatory Time (Overtime) Policy

Human Resources

Policy Details:

1. Policy

   It is the intent of this policy to permit flexible work schedules for university employees, subject to work requirements of the employee's department/office. As such, supervisors and managers are responsible for arranging work schedules that meet the needs of their respective departments and, at the same time, provide flexibility where possible to meet the employee's preference of a daily work schedule.

   This policy applies to all SHRA and EHRA non-faculty employees in all university departments. Faculty and professional research staff are not covered under this policy and should consult with the appropriate chairperson or dean and/or refer to the Faculty Handbook for applicable policies. Adjustments to employees' work schedules will be made according to the guidelines below, subject always to the department's work requirements and business needs:

   1. Schedules must conform to established flexible time frames.

   2. Schedules must be established according to fair and equitable criteria. In instituting a flexible work schedule, departments should be sensitive to the impact one employee's flexible schedule may have on work distribution for other employees in the same unit.

   3. Flexible work schedules are generally associated with the preferences of an employee and not tied to specific positions.

   4. Schedules are subject to final approval by the respective supervisor or manager and designated division approver.

   5. Flexible work schedules are not intended to limit the use of professional scheduling for FLSA exempt employees. See 08.211 Compensatory Time (Overtime) Policy.

2. Typical Workday and Flex Hours

   The typical workday for a 1.0 FTE employee is eight hours of work plus a one-hour (unpaid) lunch period for a total of nine hours. Departments/units must establish typical work hours for employees within their work unit, based on the business needs of the unit.

   Supervisors and managers have the authority to arrange flexible work times between the hours of 12:00 a.m. on Monday to 11:59 p.m. on Sunday for individual employees within their unit outside the typical work schedule for the unit. Supervisors and managers must ensure that flexible work schedules guarantee the business needs of the department/unit can still be met.

3. Summer Work Schedules

   Flexible work schedules may need to be different during periods when the university is observing summer work schedules.

4. Lunch Break

   The typical lunch break is one hour, unpaid. However, supervisors may approve lunch breaks from a minimum of 30 minutes to a maximum of two hours, provided that the typical and agreed upon daily-required number of work hours are met. The lunch break may not be moved to the beginning or to the end of the work shift in order to shorten the workday.

5. Limitations

   1. An employee observing an approved flexible work schedule is responsible for timely reporting to work, just as with any required work schedule. Flexible work schedules do not permit an employee's indiscriminate arrival and departure.

   2. Employees who do not work the required number of hours agreed upon in the flexible schedule for the workweek must use the appropriate type of leave (vacation/sick/comp/etc.).

   3. Any variation in the flexible schedule agreed upon requires supervisory approval in advance.

6. Supervision

   Supervisors should establish appropriate mechanisms to ensure employees are accountable for work expectations during the period of approved flexible work schedules.

7. Appeals of Flexible Work Schedules

   Ultimately, it is the prerogative of supervisors to determine whether flexible work schedules may be permitted. There may be times when a supervisor does not think that a flexible work schedule meets the business needs of a department/unit. If there is disagreement with a supervisor’s decision, an employee may request a review by the relevant Dean, Provost, or Vice Chancellor of the division. A decision at this level would be final and decisions are not grievable under the university's formal grievance and appeal procedures applicable to the employee.

8. Procedures

   1. Initiation of a Flexible Work Schedule. The employee can request consideration for a flexible work assignment by completing and submitting a UNCW Teleworking and Flexible Work Schedule Agreement Form to their supervisor.

   2. Supervisor & Designated Division Approver. The supervisor reviews and considers the employee’s request, business and operational needs of the unit, the feasibility of whether the job duties of the position can be performed with a flexible work schedule, and whether the requesting employee can perform the job duties in a flexible work schedule. The employee’s supervisor, together with the Department Head and direct report of the Chancellor/Provost/Vice Chancellor, have the authority to approve the employee’s request for a flexible schedule, and will notify the employee accordingly of the decision.

   3. Supervisor Review. The supervisor will review the initial flexible work schedule agreement after three months to ensure the flexible schedule arrangement agreed upon continues to meet the business and operational needs of the unit and continues to align with performance expectations and outcomes outlined for assigned duties and responsibilities.

   4. Changes. If the flexible schedule needs to be changed by the supervisor or employee, the supervisor will weigh all facts in the matter before making any changes. However, any changes made to the employee's work schedule must meet the business needs of the department. Agreed upon schedule changes will be documented in an updated Teleworking and Flexible Work Schedule Agreement Form and shall be signed by required parties.

   5. Continuation: If the supervisor continues the flexible schedule agreement, it will be evaluated at least annually thereafter (or sooner as deemed necessary and appropriate by supervisor,) and is otherwise subject to the same standards of continued approval set forth herein.

   6. Discontinuation: If the supervisor discontinues the flexible work schedule agreement, the supervisor will provide the employee with appropriate notice of at least ten business days as applicable.

9. Conditions of Employment
   
   The policies and procedures that normally apply to the central workplace shall remain the same for flexible schedule employees. This shall include but not be limited to conduct or performance management. Flexible work assignments do not change the conditions of employment or required compliance with policies and rules.