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Flexwork Policy & Guidelines

The Office of Work/Life Harvard University November 17,

• Executive Summary ........................................................................ Contents
• Introduction ....................................................................................
• Flexwork Policy ...............................................................................
• Six Principles of Flexwork ..............................................................
• Flexwork Frameworks and Definitions ........................................
• Creating and Reviewing a Proposal .............................................
• Equity and the Role of the Reason ..............................................
• When a Proposal is Not Approved ...............................................
• Flexwork Basics ............................................................................
• Communication ............................................................................
• Managing Teams ..........................................................................
• Measuring Success .......................................................................
• Trial Periods and Reviews ............................................................
• Documentation .............................................................................
• Tools and Resources .....................................................................

Flexwork Frameworks and Definitions

Flexwork is a term that captures variations in where, when and how work gets done. Schools, departments, and units should decide which flexwork frameworks will best serve their local business needs and are the best fit for the nature of their work, while also addressing University goals of sustainability; diversity, inclusion and belonging; and employee wellbeing. Please check with your local unit or school for its approach to flexwork. Specific terms are defined here.

Making it Work, Measuring Success

Flexwork has long been a part of Harvard’s workforce strategy. As remote and partially remote work (also called “hybrid”) practices have become mainstream due to the COVID-19 pandemic, flexwork — always guided by the nature and the needs of the work — is now further and permanently integrated into the University’s approach.

Written Proposals/Documentation

Within the framework set by a school, department, or unit, employees can propose variations. All employees can make a proposal, which must be written. Managers are required to review all proposals. Managers and employees alike should not focus unduly on the reason for the request, but rather on how the request might be met in a “net-neutral” fashion as regards the work requirements. The final decision lies with the manager, who may deny proposals based on business reasons. Denials should be documented. Managers are encouraged to consult with their local Human Resources (HR) office before denying a request. Employees are free to propose adjusted or new arrangements. All approved flexwork arrangements must be documented.

Both employees and managers should particularly note that when health issues emerge in the context of a conversation about flexibility, HR and University Disability Resources (UDR) should immediately be consulted.

Flexwork Basics

• Successful flexwork requires individuals and groups to address such basics as technology and equipment, information security, ergonomic considerations, employee wellbeing, non-Harvard work
  • including dependent-care – while teleworking, and work location.
• Communication : Communication planning within and between teams is at the core of all successful flexwork arrangements. A high-quality communications plan will include considerations of which University or school-approved technologies and tools will be used. It will also address: accessibility/inclusivity, formal and informal communications, expectations of team members and mutual accountability, evaluating communications success, and guarding against the signaling of constant work.

• Managing Teams: At its core, managing team performance is about setting expectations and measuring performance outcomes in relation to these expectations, but empowering and managing hybrid teams does require some extra insight. Tools and resources are available to help managers with this skillset.
• Measuring Success: Flexwork is successful when teams manage productivity by setting goals and timetables and defining deliverables clearly. Managers and employees should consider whether the quantity, quality, and timeliness of work has been maintained, enhanced, or diminished. They should also consider how the flexwork arrangement has affected stakeholders, whether the arrangement has encumbered or streamlined processes, and whether flexwork has led to new opportunities or helped meet the University’s overarching goals.
• Trial Periods and Reviews: Trial periods of 30 days are recommended for new arrangements. All arrangements should be reviewed at least annually.

Documentation

Approved flexwork arrangements must be documented. A single form allows for two kinds of documentation. Part A is required for all employees. (If an equivalent document is used, it must contain all of the same information). It should be submitted to and held by both the local manager and the department’s HR representative. It should be entered into PeopleSoft, when this feature becomes available. Part B is optional. It allows for a more thorough exploration of how, where and when work will get done and provides managers and employees with tools for thought and conversation.

Tools and Resources

Tools and resources for both managers and employees are available. A summary of tools and resources is provided here.

Flexwork Policy

Flexwork arrangements have long been part of Harvard’s workforce practices. When implemented by schools, departments, and units as appropriate to their local business needs, flexwork becomes a strategic tool to achieve institutional goals, empower employees to do their best work, foster individual and collective wellbeing, maintain business continuity in the case of disruption, and support a diverse and inclusive work environment.

To achieve these aims, the University provides options and procedures for flexwork in accordance with its Flexwork Guidelines. No staff shall be excluded from proposing flexwork arrangements regarding the times and places where their essential duties are performed. All staff shall have access to an equitable process by which flexwork proposals are considered and not unreasonably denied. Managers shall provide concrete feedback when they decline a proposal. Final approval is at the discretion of management.

This policy applies to non-teaching exempt and overtime-eligible staff. Bargaining unit staff should consult their collective bargaining agreement to review any flexibility provisions. If there is a conflict between the language in one of Harvard’s union contracts and these flexwork guidelines, the union contract language shall prevail. Those who seek flexwork arrangements to manage a health situation for themselves or a family member may receive additional guidance from their local HR business partner or University Disability Resources.

Please see the full policy statement here.

Six Principles of Flexwork

These principles are intended to provide a conceptual foundation for best practices and common-sense decisions. Any consideration of remote or hybrid work must first be aligned with the University’s teaching and research missions and closely coordinated with schools’ and departments’ specific needs and goals. The nature of the work should be the primary guide for when and where work is carried out, but it is also the case that other factors will necessarily have to be considered, including, for example, capacity limits on spaces. Managers and employees will benefit from sharing the burden of trade-offs to protect an effective way of working and to promote inclusive excellence and personal wellbeing throughout the University.

1. The process is equitable : The ultimate decision to approve or deny a flexwork arrangement is the manager’s, often in conjunction with Human Resources (HR), and it is paramount that the process for making decisions — about when, where, and how work gets done — be equitable. As teams experiment with and adapt to long-term frameworks for flexwork, there will be situations in which employees or managers want to adjust their on-campus/hybrid/off-campus status, or their schedules, or both. The manager’s role is to set parameters, evaluate the team’s work, and prioritize what must be completed and by whom; however, it is essential that managers work with individual employees and their whole teams objectively when evaluating flexwork arrangements. Given the new reality of such widespread work from home, it is likely that personal circumstances may indeed factor into some decisions. Longer term organizational planning may play a role. Some jobs will have little to no room for alteration. Indeed, outcomes will not be the same for everyone. But the key to equity is a fair process by which flexwork proposals are assessed, and this process must be consistent and transparent. 2. Decisions are without bias or favoritism : It is critical to remove personal bias from flexwork discussions and decisions. Previously, Harvard’s flexwork guidelines emphasized that the manager should not ask about an individual’s personal circumstances or base their approval or denial of a flexwork arrangement on the employee’s reason for the request. The principle of respecting an employee’s privacy and evaluating a proposal on its business merits holds true during and after the pandemic. When taking a view of the business needs first, a team approach can help integrate individual autonomy and need into decision making without compromising collective effectiveness. Managers should touch base with local HR to ensure that new arrangements make sense in the context of local policies and practices.

Flexwork Frameworks and Definitions

Flexwork refers to flexwork arrangements that vary from the standard in-the-office, nine-to-five approach. They typically include flexibility of place and/or time. A shared understanding of key terms and their definitions is critical since misunderstandings can lead to confusion, conflict, or missed opportunities.

As we emerge from several intense phases of the pandemic, Harvard will continue to support effective flexwork arrangements. Units and teams should always be guided by the nature of the work and are encouraged to focus their attention around one of several frameworks for structuring flexibility. The most common has come to be known as a “hybrid” work arrangement, in which teams combine on-campus work with continued telework or fully remote work. These frameworks are described below.

The University also acknowledges that teams may have developed their own approaches to flexwork, born out of necessity during the circumstances of 2020. Even if approaches developed during the pandemic appear to be working well, managers and staff are asked to look critically at their practices. Any consideration of remote or hybrid work must first be aligned with the University’s teaching and research missions and closely coordinated with schools’ and departments’ specific needs and goals. The nature of the work should be the primary guide for when and where work is carried out, and mangers should also look through multiples lenses and consider several factors: core activities should be fairly distributed; all team members should have access to an equitable process for determining participation in flexwork; and both long-term sustainability and employee wellbeing are recognized as critical factors for success. Multiple tools and resources are available to managers and team members to help determine the best approach and implementation practices.

Where

The range of formal frameworks to choose from may be determined at the school, department, or unit- level. Some choices, such as geographic location of work, will be determined by University policy. Guidance on this issue is evolving, and a new policy on out-of-state workers is forthcoming. Questions about out-of-state work should be directed to local HR. More information is coming in July about remote work and special tax considerations for employees working remotely from states outside Massachusetts and California. In the meantime, you can visit the Central Payroll website for the latest information.

All formal approaches generally use three constructions which rely on transparency and strong communication practices with team members, managers, and stakeholders:

• Fully On-site: Working on-campus for all working hours, with flexibility in schedules as appropriate. Fully on-site can be further defined as: o Always at the Formally Designated Workplace — Expected to be on-campus for all working hours

• Partially Remote (Telework) : Working some number of days in an on-campus environment. Sometimes referred to as a “hybrid” model or framework, partially remote can be further defined as: o Anchor/Flex — Anchor day(s) is/are designated for everyone on a team to be on-campus and can flex the rest of the week (location is principally determined by the employee, within context established by the University and the unit) o Fixed in/out — Assigned a number of days per month or quarter on campus and the remainder remotely o Flex around core obligations — Individuals flex their location around their need to be on- campus and based on the work they are expected to carry out
• Primarily Remote (Remote Work) : Individuals are expected to work off-campus (at home or elsewhere) for all working hours. Remote work can also be further defined as: o Seasonal — Remote 10 to 11 months of the year, expected on-campus one or two months o Periodic — Majority remote, but expected on-campus at designated intervals (e.g., once per month or once per quarter) o Fully fluid — Working location is principally the employee’s decision, within Harvard’s specific constraints and requirements regarding remote work (such as working out of state).

Whatever the approach, all units should remember that informal or occasional flexibility remains a potent tool to support individuals and teams when unanticipated circumstances intrude on business operations, personal obligations, and wellbeing.

When

• Regular Work Hours : Team members work regularly scheduled hours aligned with their department

o Flextime : Employees work a standard full-time or part-time workweek with start and end times that differ from the regularly scheduled workday. Flextime may include: o Split Schedule – Employee works a full 7, 7.5, or 8-hour day in two or more periods. (e.g., 6AM -10AM, and 4PM - 8PM)

• Compressed Workweek : Full-time employees compress a full-time workload to complete all job responsibilities into fewer than five days per week (usually completing one week’s work in four days, known as a “4/5” schedule) or in fewer than ten days over two weeks (usually completing two weeks’ work in nine days, or “9/10”). Compressed workweeks, in any configuration, bring special challenges. In the context of a team, compressed workweeks offer both puzzles (how to ensure coverage and equitable workloads) and opportunities (extended coverage if compressed weeks are appropriately sequenced). To learn more about how compressed weeks can work for exempt employees, please visit the communication section’s discussion of team expectations.

Creating and Reviewing a Proposal

For Employees: Creating a Proposal

Although many employees have been working flexibly for a year or more, it is still new for others. Previous versions of Harvard’s Flexwork Guidelines required employees to submit a proposal when seeking a flexwork arrangement. During the pandemic, this requirement was suspended, but managers and employees were encouraged to use the flexwork form to document their own agreed-upon work arrangements and best practices. As we emerge from the pandemic, a written proposal can play a new role. As units define their preferred frameworks, employees and managers may want to adjust arrangements, new employees may wish to make proposals, and existing employees may want to propose different arrangements within the context of their unit’s defined choices.

Employees and managers may follow these steps in ways that make the most sense for them and their teams:

• Review the definitions of the various components and frameworks of flexwork and the six principles of flexwork at Harvard.
• Refer to your bargaining unit agreement, if applicable, to review any flexibility provisions if you are a union member, or a manager of a union member. If there is a conflict between the language in one of Harvard’s union contracts and these flexwork guidelines, the union contract language prevails.
• Download the Flexwork Form and use it as a template or guide for your own thought process.
• Address how, when, and where work will get done. Under optimal conditions, once approved and implemented, flexwork should have either a net-positive or net-neutral effect on business results and the work environment. Your proposal should address the potential impact on teammates, customers, and other stakeholders. For help thinking through the degree to which the various aspects of your job are flexwork-ready, see “Leading and Managing in a Hybrid Work Environment Toolkit.” It offers several approaches to evaluating how, when and where work can be done depending on the relevant work functions.

Note: When health may be at issue If you are seeking a flexwork arrangement to manage a health situation for yourself or a family member, you should consult with HR to determine if your situation would be more appropriately considered under the Family and Medical Leave Act (FMLA) or the Massachusetts Paid Family Medical Leave Law (PFML), or should be explored as a reasonable accommodation under the Americans with Disabilities Act (ADA). Employees and managers are encouraged to learn more about reasonable accommodations from University Disability Resources (UDR).

For Managers: Evaluating a Proposal

All employees may propose a flexwork arrangement, and each proposal should be evaluated on its merits. Managers and supervisors are responsible for considering proposals objectively and fairly but are not obligated to grant approval (unless otherwise directed by the University or their individual school).

Employees wishing to propose a change from their department’s standard arrangement are encouraged to develop written proposals using this form, and managers may wish to bookend a proposal with conversations. A conversation might begin by setting expectations on the individual or team level about the proposal process. It is ultimately the manager’s decision to approve or decline a proposal. If a proposal is declined, however, managers must provide a carefully considered reason for the decision. It is strongly encouraged that managers consult with local HR before denying a proposal.

Managers and employees should be in touch with local HR to make sure that the proposed arrangement makes sense in the context of local policies and practices, and this is especially important as we transition out of the public-health emergency and experiment with new ways of working long term.

Managers may refer to the following steps in ways that make the most sense for them and their teams. Additional in-depth discussion on the role of the leader can be found in CWD’s “Leading and Managing in a Hybrid Work Environment Toolkit.”

• Setting expectations: Managers determine the criteria they will use and ensure that all team members understand these criteria. Managers and employees alike may go here for a summary.
• Consider each employee’s proposal: Does it address their work priorities? Has the employee reviewed and affirmed that they meet the information security requirements for working off campus? Has the employee considered how a flextime arrangement might affect collaboration with others? Has the employee shown that job duties (including those that affect others) can be performed fully under the proposed arrangement? Does performance history show that this employee can manage the arrangement? Have you had candid conversations about anything that might make you hesitate to approve the proposal? Are unaddressed issues of trust —about the employee, the manager, or the team — complicating the decision?
• Consider a group of proposals together, if applicable: If several employees have submitted proposals, consider whether they work together. If they leave gaps, consider a group meeting to bring up concerns, make adjustments, and find innovative solutions among the group. For example, one employee who wants to work from 7AM to 3PM may leave the unit with an afternoon gap until another employee points out that they would be just as happy to work from 10AM to 6PM. It may not be possible to stay completely in sync during these times, but team conversations can go a long way toward heading off unintended negative consequences.

Equity and the Role of the Reason

Previously, Harvard’s Flexwork guidelines emphasized that the manager should not ask about an individual’s personal circumstances or base their approval or denial of a flexwork arrangement on the employee’s reason for the proposal. The principle of respecting an employee’s privacy and evaluating a proposal on its business merits holds true during and after the COVID-19 crisis. To the extent that child care, schools, and elder care services continue to be altered or unavailable, some employees will continue to have challenges balancing work and dependent care responsibilities. Managers are expected to be familiar with the range of wellbeing- and family-supporting programs and policies available to employees, and point all team members to these programs, even if caregiving or other personal issues have not been specifically raised. They are also encouraged to work with their employees to find pragmatic ways to accomplish job responsibilities, along with personal responsibilities, whenever brief or more lengthy disruptions occur. Framing this as a mutual responsibility to address important demands on both sides of the employer-employee equation will encourage honest and practical conversations. Managers and employees should touch base with local HR to ensure that new arrangements make sense in the context of local policies and practices.

Depending on the nature of the relationship between a manager and employee, it may feel comfortable and desirable to discuss the circumstances that may be driving a flexwork proposal. In many other cases, employees may be quite private about making personal disclosures, or managers may feel uncomfortable knowing about personal motivations.

However receptive to discussing the personal motivations for proposals, managers must avoid asking employees to provide a reason as part of the flexwork process and avoid making judgments if an employee discloses them.

Why? Keep in mind that discussions of personal considerations inevitably call on our biases. While it may seem obvious to a manager that one reason has more validity than another (e.g., because of a belief that school is more important than training for a marathon), fostering a diverse and inclusive environment makes it critical to avoid pitting one person’s values against another’s.

Prior to the public health emergency, it was easier to focus only on the realm of workplace needs and work performance goals and doing so meant that managers were less likely to be put in a position to arbitrate worthiness. Now, however, conversations about personal reasons for seeking flexibility are taking on new dimensions. External forces such as the need for physical distance and social infrastructure breakdowns have led to shared “reasons” for flexibility and new motivations for cooperation and understanding. Approaching all conversations about flexibility with respect, sensitivity, and pragmatism can support the success of a single employee and the team as a whole.

When a Proposal is Not Approved

Managers must give concrete feedback about why a proposal is declined to demonstrate that the decision is a well-considered one. It may be because of a lack of sufficient detail about how, where, and when work will get done; broader considerations of the team as a whole; a history of underperformance on the job; or simply that the job itself is not suitable for the kind of arrangement proposed by the employee.

Whatever the reason, it is important to have candid conversations about flexwork. If such conversations are not easy, both employees and managers should contact their local HR office for coaching on having challenging conversations, and remember that Harvard’s Employee Assistance Program (EAP) can also provide consultation to managers and employees alike. HUCTW members should note that if a proposed arrangement is not approved, the proposal may be explored further in consultation with local HR and HUCTW. You may refer to Article VI of the HUCTW bargaining unit agreement for detailed information.

Non-Harvard Work, Including Dependent Care, when Teleworking: When teleworking, employees are expected to attend to their Harvard work only and should not anticipate handling non-Harvard projects. In general, teleworkers should attempt to replicate the working conditions of a Harvard- provided office. Therefore, the following conditions apply University-wide:

• Employees may not work on any non-Harvard project during paid work hours when teleworking or working remotely.
• Employees may not care for children and/or adults when teleworking or working remotely.

Major activities that wouldn’t be a normal part of the on-campus workday (such as full-time care for an infant, or intensive work on a personal project) are not appropriate while teleworking. On the other hand, activities that might normally be interspersed throughout the day at the office, such as brief check-ins from a caregiver or dependent, are acceptable as long as they do not interfere with expected routines and deliverables.

During COVID times, when social structures have been so severely disrupted, these policies have been necessarily modified. The uncertainty of child care, schools, and eldercare services mean that some employees continue to balance work and family responsibilities in ways that bring these issues to the forefront to a new degree, and managers have been encouraged to work with their employees to find creative ways to accomplish job responsibilities, along with personal responsibilities, whenever possible.

Now, that we have transitioned back to campus under new paradigms, managers should encourage employees to understand what regular child and back-up child and adult dependent-care resources are available to them and empower them to explore pragmatic approaches to meeting goals and objectives of this new dynamic work strategy. Because the dependent care infrastructure has not uniformly come back to previous levels of service, ad hoc flexibility (such as splitting a schedule for a specified period of time), can serve as a potent business continuity tool to bridge the employee and the work flow. Employees should initiate a conversation with their managers as soon as possible when it becomes apparent that ad hoc arrangements should be considered.

At the same time, both managers and employees should know what leave options are available, should ad hoc arrangements become untenable. Framing this as a mutual responsibility to address important demands on both sides of the employer-employee equation will encourage honest and practical conversations. Questions about these issues should be directed to Human Resources.

Wellbeing: The sustainability of long-term remote and hybrid work will depend in part on employees’ wellbeing. Managers are asked to consider specific ways to support employee wellbeing when establishing their work model and check in with employees regularly. Managers are expected to be familiar with a rich array of University resources that support personal and family needs around mental health, child and adult care, resilience, finances, schooling, illness, and disability. These resources are available from a range of sources, including the Office of Work/Life and Harvard’s monthly faculty and staff wellbeing newsletter; they are referenced throughout this policy and can also be found via this link.

Remote Work Locations: Working out-of-state has been mostly prohibited in states where Harvard is not registered to conduct business. Harvard has implemented an interim payroll policy and has payroll tax withholding and benefits if approved to work in a Harvard-registered payroll state. You can visit the Central Payroll website for the latest information.