Policy No. 2.05
Certain positions, based on their essential functions, may be eligible for a remote work arrangement. Employees are not entitled to or guaranteed the opportunity to work remotely. Senior vice presidents of each area are responsible for submitting campus anchor or remote proposals to HR for review and panel approval based on specific criteria including business need, institutional effectiveness, and essential functions of position. Remote work may also be considered on a case-by-case basis as a reasonable accommodation as provided by a reasonable request for accommodations for qualified employees with disabilities.
Employees working in approved campus anchor or remote positions will be required to sign a Remote Work Agreement with Berklee consistent with this Policy.
Positions approved for campus anchor or remote work perform the same work that they would on campus in accordance with their same performance expectations and other agreed-upon terms. Positions approved for campus anchor or remote work may be established for an ongoing or short-term period and may be changed at any time at Berklee’s sole discretion.
This Policy and the General Expectations and Guidelines below apply to any employee whose position has been approved for campus anchor or remote work.
General Expectations and Guidelines:
Compliance with Policies. Employees must comply with all Berklee rules, policies, practices, and instructions and understand that violation of such may result in corrective action, up to and including termination. Employees in positions approved for campus anchor or remote work are subject to the same policies as other employees, including policies relating to information security and data protection, as further described below.
Hours of Work. The total number of hours that employees in positions approved for campus anchor or remote work are expected to work does not change, regardless of work location. Berklee also expects the same level of productivity from employees with remote work agreements that is expected from employees on campus. Employees in positions approved for campus anchor or remote work who are not exempt from the overtime requirements of the Fair Labor Standards Act are required to record all hours worked in a manner designated by Berklee. For those non-exempt employees, hours worked in excess of those specified in the remote work agreement require the advance approval of the employee’s supervisor.
Working remotely is not intended to serve as a substitute for child or adult care. If children or adults in need of primary care are in the remote work location during employees’ work hours, another person must be present to provide the care. An exception to this requirement may be granted in special or limited circumstances by the employee’s supervisor in consultation with Human Resources following a written request by the employee. Please note, employees are still required to work their total hours for each work week (typically 35 hours for full-time employees) in these circumstances, but the hours may be adjusted around child and/or elder care duties with advance permission from the employee’s supervisor and Human Resources.
Use of Leave. Employees in positions approved for campus anchor or remote work cannot use remote work in place of any type of leave offered by Berklee, including paid time off, leave under the Massachusetts Paid Medical Family Leave Act, the Pregnant Workers Fairness Act, or the Massachusetts Paid Sick Leave Act.
Liability. Berklee assumes no responsibility for injuries occurring in the employee’s remote work location outside the agreed upon work hours or for injuries that occur during working hours but do not arise out of and in the course of employment. Berklee also assumes no liability for damages to employee’s real or personal property. Workers' compensation coverage is limited to designated work areas in employees' homes or remote work locations. Employees agree to practice the same safety habits they would use in the central workplace and to maintain safe conditions in their remote work locations. Employees must follow normal procedures for reporting illness or injury.
Physical Space. Employees in positions approved for campus anchor or remote work should work from a space that is appropriate for the type of work being performed. The space should be private so that others cannot overhear conversations or meetings or view computer screens that contain sensitive information.
Employees who work with physical documents must have a secure location to store those documents and a secure method to destroy papers or media that contain sensitive information in accordance with Berklee’s policies.
Employees may not hold in-person work meetings at their remote work location.
Equipment and Materials. Normally, Berklee provides equipment and materials needed by employees to effectively perform their duties; however, Berklee does not duplicate resources between its campus and an employee’s remote work location.
Employees in positions approved for campus anchor or remote work may use Berklee-owned equipment only for legitimate work purposes. Employees are responsible for protecting Berklee-owned equipment from theft, damage, and unauthorized use. Berklee maintains, services, and repairs Berklee-owned equipment used in the normal course of employment.
When employees are authorized to use their own equipment, Berklee is not responsible for the cost, repair, or service of the employee’s personal equipment, unless otherwise expressly agreed to in advance.
Costs of Remote Work. Berklee is not obligated to assume responsibility for operating costs, home maintenance, or other costs incurred by employees in the use of their homes as remote work locations.
Remote Work Outside Massachusetts. Employees in positions approved for campus anchor or remote work performing work at a location outside the Commonwealth of Massachusetts must be approved by Human Resources in addition to the employee’s supervisor prior to commencing work in any location outside of the Commonwealth.
To ensure compliance with applicable tax and other laws, employees must notify the applicable Human Resources Business Partner and receive approval from Human Resources before working remotely outside the Commonwealth of Massachusetts. Employees who perform work outside the Commonwealth of Massachusetts are responsible for ensuring that they are aware of the tax implications, and Berklee encourages such employees to consult a qualified tax professional. Berklee does not provide tax advice.
Employees must obtain approval from Human Resources before changing their remote work location if the new location is outside of Massachusetts. An employee's work location for a remote work arrangement must be within the United States.
In the event that an exception is granted and a campus anchor or remote work position outside of Massachusetts is approved, compensation may be adjusted based on the cost-of-living in the location where the work is performed. Additionally, for employees performing work outside of Massachusetts, adjustments to Berklee policies, benefits, and practices may be required to comply with applicable law.
Berklee Information and Data Security. Employees must safeguard Berklee information used or accessed while working remotely, in accordance with Berklee’s Acceptable Use Policy and other applicable information technology policies.
Employees in positions approved for campus anchor or remote work must agree to follow Berklee-approved security procedures in order to ensure confidentiality and security of data.
Travel. A remote worker may be required, on rare instances, to travel to campus for a necessary in-person meeting or event. In these instances, Berklee may pay reasonable travel related costs. This travel requires advance approval from the direct manager and area leader.
Remote Work Agreement. Remote work must be documented as approved through a remote work agreement. The remote work agreement establishes the specific conditions that apply to employees working in remote work locations. The remote work agreement must be approved by Human Resources.
An approved remote work agreement may be on-going or for a fixed term and may be changed at any time at Berklee’s sole discretion. Continuation is not guaranteed.
Nature of Employment. Nothing in this policy or guidelines alters the at-will nature of employment for any employee.