Flexibility in the Workplace

The core hours for a position are typically identified by a unit or a department. An employee may seek to alter their arrival or departure time as a flexible work arrangement. This form of flexibility does not typically alter the total number of hours per week the employee is regularly scheduled to work.

An employee and their supervisor must work together to determine the employee’s alternative schedule and the total number of regularly scheduled work hours per week.  The employee and their supervisor may agree on a specific arrival and departure time with this type of arrangement. Another option is for a supervisor to set a range of time during which the employee is expected to arrive. For instance, a supervisor may determine it is critical for the employee to be working between the hours of 9:00 a.m. and 3:00 p.m., and the supervisor may permit the employee to arrive anytime between 7:00-9:00 a.m., and work until the hours assigned for that day are complete.

A compressed schedule is a form of alternative arrival/departure flexibility, wherein the total number of hours worked each week remains the same, but are completed across a shorter time period, typically less than five days. The most common compressed schedule is four 10-hour workdays per week with one weekday off. Generally, a compressed schedule is available to only exempt employees and non-exempt employees working in jurisdictions where overtime is paid for hours worked over 40 in a work week and where there is no daily overtime rate. 

A remote work arrangement allows an employee to work at home or another offsite location, within the U.S. but excluding U.S. territories, with prior approval from the University. This arrangement may or may not be intended for a specified timeframe, duration, project and/or assignment. If approved, an employee may be fully remote or work a hybrid schedule.  The definition of remote work does not include Cornell employees who are on approved business travel.

A remote work arrangement request will be evaluated based on multiple factors, including, but not limited to, the degree to which the position itself can support off-site work, the employee’s ability to be successful at working remotely, the impact the arrangement may have on others, and the ability for the department and unit to achieve their priorities and mission, as determined in the University’s sole discretion.

Employees are not permitted to work remotely for Cornell without the pre-approval of the remote work arrangement by leadership and HR, as described below.

Employees who work remotely must be able to be on-site as necessary to attend in-person meetings, training sessions, or similar events, when requested by their supervisor, and as needed to perform their job duties and responsibilities. 

Remote work is not to be used as a substitute for ongoing caregiving needs (e.g., childcare, eldercare).

See additional remote work details below for:

• Remote Work Outside of New York State,
• Working from Another Country,
• Workers’ Compensation,
• Services and Equipment,
• Property Insurance and Taxes,
• Management and Insurance,
• Travel to Campus and Reimbursement of Expenses

An ongoing flexible work arrangement might not be feasible due to many factors, including, but not limited to, business needs or position responsibilities of an employee, as determined at the University’s sole discretion. In such instances, the supervisor and employee may agree to occasional use of flexible work.  If approved, an occasional-use flexibility work arrangement allows employees to work remotely or alter their arrival/departure time to accommodate a specific business or personal need (e.g., doctor’s appointment, office renovations, inclement weather, etc.) on limited occasions. While formal documentation of such arrangement is not required, it is recommended that the supervisor and employee discuss and document this flexible work arrangement ahead of time.

In a job share arrangement, two individuals share the responsibilities of one regular full-time position. Each employee in the job share arrangement will be a regular part-time employee and must be normally scheduled to work and work, on average, at least 20 hours per workweek.

The University’s wage and salary policies for regular part-time positions apply in job share arrangements. Benefits eligibility for those participating in job sharing arrangements will be the same as for all regular part-time employees, subject to the terms and conditions of the governing plan documents.

An employee may seek to reduce their time commitment to the University on an ongoing or temporary basis to accommodate personal life transitions (e.g., returning from parental leave or another leave of absence, preparing for retirement, pursuing a degree, etc.). Employees seeking this type of flexibility must work with their supervisor and HR representative to determine feasibility, duration of time, and impact on pay and benefits and to determine if other University policies may apply to the request.

Comply with University policies and guidelines regarding flexible work arrangements.

For arrangements that involve employees working remotely outside of New York State or within New York State from a non-commutable distance, college or unit HR will work with the supervisor to draft a letter documenting expectations and other details of the arrangement.

Determine the degree to which a position can support off-site work.

Consider an employee’s ability to be successful at working remotely.

Consider the impact of a flexible work arrangement on others and the ability for the department or unit to achieve priorities and mission.

Review and make determinations on flexible work requests.

Work with local college or unit HR representative to determine legal requirements that apply to a proposed flexible work arrangement before a flexible work arrangement is approved.

Understand compliance considerations.

Meet with the employee to establish a specific and consistent work schedule, including standard work days and hours if a flexible work arrangement is approved.

Read and understand Flexibility in the Workplace policy, program and pay guidelines.

Employees who work remotely must be reachable via telephone and email during these working hours, with the exception of state-mandated meal and rest periods, if applicable.

Provide consultation, training, and online resources to assist supervisors and employees with best practices in proposing and managing flexible work arrangements.

Share tax, compliance, and other considerations.

Determine eligibility, interpretation and administration of benefits.

An employee’s eligibility to participate in benefit plans offered by the University and the terms of an employee’s participation will be governed by the governing plan documents. Cornell’s designated benefit-plan administrators reserve the right to determine eligibility, interpretation and administration of issues related to benefits offered by Cornell. Cornell reserves the right to modify or discontinue its benefits at any time to the extent permitted by applicable law. Cornell will comply with all applicable laws governing required benefit offerings. 

Exempt employees are exempt from the overtime and minimum wage requirements of the Fair Labor Standards Act (FLSA) and applicable state or local wage and hour laws. Therefore, in certain circumstances, there can be greater flexibility in work scheduling for exempt employees.  Exempt employees are expected to work as much of each workday as is necessary to complete their job responsibilities.

Non-exempt employees are not exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act and/or any applicable state or local (city or county) wage and hour laws.  Therefore, non-exempt employees must record all time worked for the University, including the times they begin work, end work, and start and return from meal breaks. Non-exempt employees may not work any time that is not authorized by their supervisor. Non-exempt employees are not permitted to work more than 39 hours per week without prior written permission from their supervisor. Failure to obtain prior approval to work overtime may result in disciplinary action, up to and including termination. It is a violation of the University’s policy for anyone to instruct or encourage another employee to work “off the clock,” to incorrectly report hours worked, or to alter another employee’s time records. If any employee is directed or encouraged to engage in such conduct, they should report the incident immediately to Human Resources.

Caution: Non-exempt Cornell employees are subject to the minimum wage and overtime requirements of the location where they work, which may be different than those in New York State. In certain cases, positions which are deemed exempt in NYS, may be determined to be non-exempt in another state. Before any employee is permitted to work outside of NYS, the job description and appointment letter must confirm in writing whether the position is exempt or non-exempt in the state in which the employee will work.

Leave Time: An employee who has a flexible work arrangement and is granted paid or unpaid leave time, such as vacation or family and medical leave, must accurately record the time off and follow the applicable call out or notice procedures. Employees must record paid time off as specified in University Policy 6.9, Time Away from Work, except for paid holidays. For example, 10 hours of vacation would be recorded if a non-exempt employee uses vacation on a day they are typically scheduled to work 10 hours. 

When a remote work arrangement involves work conducted outside of New York State, but within the U.S., excluding territories, there are additional required guidelines to follow. All requests for working outside New York State must be reviewed and approved in advance by the local Human Resources Representative and the college or unit leader or their designee, in consultation with the Flexible Work Senior Consultant. Such approval will depend on multiple factors, including, but not limited to, the applicable tax, immigration, benefits, insurance, and payroll requirements. The University reserves the right to approve or deny a request for an employee work location outside of New York State on a case-by-case basis, in its sole discretion. 

Working remotely in U.S. territories is not permitted.

Flexible work arrangements in which an employee holding a U.S.-based position works remotely from a location outside the U.S. are strictly prohibited.

U.S. employees are encouraged to contact the International HR Office for further guidance.

For information concerning international business travel and hiring for international work, please refer to the link in the Related Sources section or contact Global Operations.

Workers’ compensation applies only to work-related injuries and illnesses as defined by the applicable Workers’ Compensation Law. Cornell is not responsible for injuries or illnesses unrelated to work that occur in the defined remote work location or elsewhere, nor is Cornell responsible for any injury to another household member or visitor in the employee’s home or remote work location, unless applicable law provides otherwise. 

All employees must immediately report all work-related injuries or illnesses, regardless of severity, including those incurred in a remote work location, to their supervisor.  In emergency situations, the employee should call 911 for assistance.

Employees who work remotely are responsible for having a designated, properly appointed, and audibly professional work area and maintaining a safe work environment. Sophisticated or non-standard work equipment generally is not required for remote work arrangements. Customarily, Cornell does not provide home internet service to support remote work arrangements, nor does Cornell provide a computing device or other office equipment or supplies for the arrangement unless required by law in the jurisdiction where the employee works.

The employee’s use of the University’s equipment, software, furniture, and all other University property and resources is limited to the purposes of remote work and is not intended for the employee’s personal use or for use by the employee’s family members or third parties. Employees may use University e-mail for personal use during non-working time, as long as such use complies with the University’s rules, policies and procedures, and applicable laws. Employees are required to take reasonable care of all University property and resources provided to them, to keep them secure, and to use them in accordance with their operating instructions and all applicable University policies, including while they are not on the University’s premises. Any equipment provided by the University for the purpose of working remotely will be inspected and maintained by the University.

The decision to remove or discontinue use of the University’s property or resources shall rest entirely with Cornell. If the employee ceases employment with Cornell, or the flexible work arrangement is discontinued for any reason, or upon request, the employee must return all Cornell property within a timeframe determined by the University.

The University’s Confidential Information (as that term is defined in the University’s confidentiality policies and any non-disclosure agreement the employee may have with the University) must be accessible only to the employee and safeguarded from access by other members of the household and visitors in the remote work environment. Employees are required to ensure the protection of the University’s Confidential Information consistent with the University’s policies, any applicable agreements, and the University’s expectations for information security. 

University insurance will not cover any personal property that is used at an off-site work location and will only cover University equipment brought to a defined off-site location if it has been listed with the Office of Risk Management and Insurance. Additional premiums that are required for such equipment insurance will be paid by the requesting units. For more information, or to insure University property that will be used for work conducted off-site, contact the Office of Risk Management and Insurance.

Employees who reside and/or work remotely outside New York may be subject to payroll withholding in both New York and the state/city where the work is performed (e.g., location of residence), depending on the applicable withholding rules. Employees are advised to consult their tax advisor with respect to tax consequences of remote work. Tax and other legal implications related to any remote work arrangement are the responsibility of the employee. The University will not provide tax or legal guidance, nor will it assume any additional liability for remote work employees.

Cornell does not reimburse employees for their commute from home to work on campus, and vice versa, unless required to do so by applicable law. Non-exempt employees who are asked to work at two different locations in one day, will be paid compensable travel time while traveling between locations (e.g., when they start the day working at home and then are asked to work at a Cornell location). For more details on allowable travel expenses, refer to the Division of Financial Services Policy 3.2 Travel Expenses and the Remote Employee Travel to Campus procedures.

The University will reimburse reasonable and necessary business expenses only where required by applicable law and complies with all applicable laws concerning business expense reimbursement.