TCU supports the general concept of flexible work arrangements for staff. A flexible work arrangement allows the application of an innovative approach to achieve a highly productive, harmonious work environment that is responsive to the changing needs of today’s workforce. Flexible work arrangements refer to flextime, compressed work week, and reduced work week/part-time. Departments are not required to offer flexible work arrangements if it is determined it interferes with the service the department provides to the TCU community.
Formal flexible work arrangements do not replace incidental temporary adjustments of any employee’s schedule that, on occasion, arise in the workplace. This arrangement does not supersede or contradict the normal number of work hours defined by the job or the use of vacation and sick leave.
Flexible work arrangements can produce a variety of benefits for both the employee and department. Typical benefits include –
- uninterrupted time for creative, repetitive, or highly detailed work;
- reduced stress;
- improved balance between work and personal commitments;
- expanded coverage in the department;
- a better fit between individual work schedules and work styles; and
- overall greater productivity, higher morale, improved retention, and more effective recruitment.
Flexible work arrangements are not appropriate for all positions or in all campus settings. The university is an organization with diverse work environments, many of which require specific staffing patterns to function effectively. Additionally health and safety considerations may preclude a specific flexible work arrangement.
A flexible work arrangement is not a right of employment. It is established at the discretion of the employing department and may be subject to change at the discretion of the supervisor.
If established, a flexible work arrangement does not serve as a precedent for a future arrangement within a department. The success of a flexible work arrangement lies in it being mutually beneficial for the department and the employee established on a case-by-case basis. The university recognizes many valid reasons why an employee may request a flexible work arrangement, including but not limited to professional development, community activities, family responsibilities, individual work habits and style, health and well-being. The decision to grant a flexible work arrangement request should be based on employee performance and operational interests.
Definitions
1. Flextime
Flextime refers to practices such as –
- individualized start and end times that remain constant each work day;
- individualized start and end times that vary daily, however, the same number of hours are worked every day;
- individualized start and end times with varied daily hours but consistency in the total number of hours worked every week;
- mandatory core-time with individualized start and end times with varied daily hours but consistency in the total number of hours worked every week; or
- extended meal times offset by additional hours at the beginning and/or end of the work day.
2. Compressed Work Week
Compressed work week refers to the practice of -
- a full work week that is condensed into fewer than five days.
Reduced Hours Part-time
Reduced hours/part-time refers to the practice of decreasing the number of regular hours worked to less than a full-time position. Reducing hours worked may affect salary, benefit levels and accrual rates of vacation and sick leave.
Procedures for Establishing Flexible Work Arrangements
A staff member should provide the supervisor a request in writing to establish a flexible work arrangement.
The arrangement must support the department or unit goals, including cost effectiveness, excellent customer service, high productivity and equitable work distribution among colleagues, which may include cross training.
Appropriate performance standards and measures and means of supervision, communication, and systems for accountability must be feasible and practical.
Appropriate materials, resources, systems, supervision, etc., must be available during non-traditional hours.
The employee’s past performance should indicate that the arrangement will be successful.
Arrangements should be written and signed by the employee, the supervisor and other relevant administrators as deemed appropriate.
Arrangements should be time specific. For example have a specific date for review and reconsideration. The initial review should follow a short-term pilot period.
The denial of a flexible work arrangement request should be based upon employee performance and/or the operational needs of the department. The rationale should be communicated to the employee in writing. Such a denial of a request cannot be grieved.
Procedures for Ongoing Flexible Work Arrangements
- Flexible work arrangements should be evaluated and modified as appropriate on a regular schedule.
- Arrangements that are either modified and/or renewed should continue to have a specific review date and be appropriately documented.
- Flexible work arrangements can be discontinued by either party with a four-week notice unless an immediate and unanticipated operational need supports the suspension of the flexible work arrangement by the employer.
- The termination of a flexible work arrangement by a supervisor should be based upon employee performance and/or the operational needs of the unit and the rationale should be communicated to the employee in writing. Such an action cannot be grieved under university policy.
Fair Labor Standards Act Considerations
Consistent with the Fair Labor Standards Act, nonexempt staff receive time and a half for work over 40 hours in a week. Therefore the flexible work arrangement cannot alter a non-exempt schedule in a manner that causes overtime to occur. It is possible for a nonexempt staff to alter the work week when the 40 hours are worked during the week. Example – a nonexempt staff person could work 4 10 hour days. It is not possible, and is a direct violation of the FLSA, if a nonexempt staff member “banks” overtime worked in one week to take off in a future work week.
