UC Santa Barbara’s Remote Work guidelines ensure compliance with applicable UC policies, state and federal laws in support of employees working hybrid or fully remote schedules. In some circumstances, allowing an employee to work remotely can be mutually beneficial to both the institution and the employee. In other circumstances, the nature of the position and/or the availability of work space at the UCSB worksite, may require employees to work at alternate work locations. These guidelines are applicable to all staff employees who are approved or required to work at an alternate location other than on the campus or on University-owned or leased property (UCSB worksite).
Please see the Flexible Work Arrangements web page for remote/hybrid and flexible schedule agreements and resources.
Recruitment Procedures for Remote Work Arrangements
If a department wishes to recruit for a new employee who will work remotely, the department should discuss this option with the recruiter in the HR Talent Acquisition unit prior to posting the position for recruitment, and follow the procedures outlined below. After the employee is hired, the manager should implement the requirements process and procedure found on the HR Flex webpage. In addition, the hiring department is responsible for ensuring completion of the required new hire documents. See the Business & Financial Services’ Payroll web site for more information.
Location of Alternate Worksite
In general, career, contract or limited status employees may work in alternate locations in the Santa Barbara region, within the State of California or in another state within the United States. While UC Policies and California laws apply to employees working in the Santa Barbara region and within the State of California, these same policies and laws may not apply to employees working in another State or outside of the United States. Employees who work remotely should be provided with the legally required mandatory employment notices and posters. The employee is responsible for posting these documents at the alternate work location.
Employees Working Remotely in California. Managers must provide employees working remotely in California with the following link to Mandatory Employment Notices and Posters website for the University of California http://ucnet.universityofcalifornia.edu/tools-and-services/administrators/mandatory-employment-notices.html
Work Location in a State other than California. An employee who has a work location out of California may be deemed to be physically based in that other state, most likely in remote work situations, and be entitled to the benefits of the state labor and employment laws where he or she works. Employees working remotely in a state other than California must log onto the UCPath Portal, select "Payroll" under the "Forms Library", and update their Out-of-State Tax Withholding (click here for further instructions). If a department has questions regarding state specific laws, the department should contact the HR Talent Acquisition Unit for referral to University counsel and/or referral to external legal advisory services. Managers must use a third-party vendor to purchase a combination state and federal mandatory employment notice for the state where the employee is primarily working. List of third-party vendors provided below. The third-party vendor can mail notice posters or provide a digital version of the required notices directly to the employee. Departments should remember to contact the vendor annually to purchase an updated notice, if needed.
Work Location Outside the United States. The risks for the University and the costs associated with ensuring compliance with a foreign country’s employment and tax laws most typically outweighs the benefits of allowing an employee to work at an alternate work location outside of the United States. The risk and potential costs to the institution exist even if the employee is requesting to temporarily work at an alternate location outside of the United States. If a department wishes to allow a career, contract or limited status employee to work in an alternate work location outside of the United States, the department must contact the Human Resources (HR) Talent Acquisition Manager for review of the decision prior to approval or implementation. The HR Talent Acquisition Manager may refer the manager to University Counsel for review and further discussion before a final decision is reached. Control Point approval may also be required.
Requests for Reasonable Accommodation
In some instances, an employee may request an alternate work location as a reasonable accommodation due to a qualifying medical condition. This type of request does not fall within scope of these guidelines. Upon receiving such a request, that manager should review the information on the Workplace Accommodations webpage. The Workplace Accommodations team can assist the manager in determining whether an alternate work location is appropriate as a reasonable accommodation pursuant to applicable UC policies and procedures, collective bargaining agreements and/or the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
Termination of Telecommute-Remote Work Agreements
Where the employee initiated the request to telecommute or work remotely, management may terminate the agreement with or without notice. If the employee would like to terminate the agreement before the expiration date, the employee should give management reasonable advance notice of the request. Where the employee was originally hired to work remotely, the employee may not have the option to discontinue the remote work arrangement and request a work location at a UCSB worksite without the agreement of the hiring department.