remote work outside of michigan policy

I. POLICY STATEMENT

MSU is a world class University with a broad, diverse, and talented workforce.  MSU is also a residential university and as such, operates with many positions that require work to be performed at an MSU work site, and/or require in-person interaction with students, other employees, and/or members of the community.  Thus, most employees will work within the state of Michigan.  However, MSU recognizes the occasional need to permit an employee to work outside the state of Michigan (whether in another state or another country).  Because of the cost and complexity of the issues involved, MSU requires approval for each employee working outside the state of Michigan (including new hires and existing remote work arrangements) as set forth below.

II. SCOPE

This policy applies to: all employees (executive managers, faculty, academic staff, support staff, temporary/on-call, and student employees) as well as prospective employees whose primary remote work site will be outside the state of Michigan.

III. DEFINITIONS

Remote Work Arrangement – any work arrangement where an employee performs work on a regularly scheduled basis at a pre-designated and approved Remote Work Site.

Michigan State University (MSU) Work Site – any university designated facility, or a university owned, leased, or operated facility.

Remote Work Site – the location at which the employee designates or identifies, and which will be the primary work site when not working at the MSU work site.

IV. POLICY

MSU recognizes the occasional need to permit an employee to work outside the state of Michigan (whether in another state or another country).  Because of the cost and complexity of the issues involved, MSU requires approval for each employee working outside the state of Michigan (including new hires and existing remote work arrangements) as set forth below.  The terms of the Remote Work Policy also apply to employees subject to this Policy.  All employees currently employed outside the state of Michigan must go through this process and are subject to this Policy.   

 

A. Outside of Michigan, Inside the U.S.

Units should understand that the employment of an individual working remotely outside of Michigan on more than a temporary basis, but inside the U.S., may come with the responsibility of additional location- and situation-specific legal compliance, and administrative requirements. Even a single employee working remotely in another state may be subject to that state’s employment and tax laws, including withholding requirements and all other matters which require the University compliance.  Unit leaders should be aware of this before seeking approval of such an arrangement and approval should be limited to those circumstances that are required by University-related business needs. Only a Dean, Vice President, or  Major Administrative Unit (MAU) leader can approve such a request. Unit leaders will share responsibility with the University for all compliance and administrative requirements, and compliance monitoring with employment in another state.  These items may include (but are not limited to):

  • State leave laws and requirements
  • Tax withholding
  • Unemployment and workers compensation registration, payments, and claims processing
  • Health Insurance

B. Outside the U.S.

Because of the significant legal issues present for work performed outside of the U.S. on more than a temporary basis, only a Dean, Vice President, or Major Administrative Unit (MAU) leader can approve such a request. Approval will be granted based on University-related business need.  Even where out-of-country employment is approved, units should understand that the employment of such an individual may come with responsibility of additional legal compliance and administrative requirements. 

Unit leaders should seek counsel from the following units: Office of International Students & Scholars (If applicable), Office of Sponsored Programs /Contract and Grant Administration (if applicable, e.g., OSP when addressing a sponsored program proposal or award requirement, CGA when identified after award), and the Office of General Counsel prior to engaging in the employment of individuals internationally.  Approval must be received from the Office of Export Control and Trade Sanctions.  If the request involves three or more individuals working on the same project, or the hiring of in-country individuals, the request is sent to the International Compliance Advisory Committee for review, and if approved, then the remote work agreement is implemented.

Unit leaders will share responsibility with the University for those matters in connection with international employment.


V. POLICY PROCEDURES

A. Outside of Michigan, Inside the U.S.

    1. An employee makes a request to their supervisor to work outside of Michigan, but inside the U.S.
    2. The employee and their supervisor must agree to remote work terms, sign, and date the Remote Work Agreement.
    3. The supervisor submits the request to the applicable unit leader for review; the unit leader must acknowledge assumed responsibility for compliance, administrative and liability issues arising from employment in another state. The approval should be given only if there is a University-related business need to employ an individual outside the state of Michigan, but inside the U.S.
    4. This does not apply to temporary travel to another state (i.e., sabbatical, visiting professorship, conference, etc.)
    5. Note: A unit may implement requirements for additional internal approvals.

B. Outside the U.S.

  1. An employee makes a request to their supervisor to work outside of the U.S. (either new or existing employee).
  2. The employee and their supervisor must agree to remote work terms, sign, and date the Remote Work Agreement. Please note that the Remote Work Agreement is subject to all of the applicable approvals.
  3. The supervisor submits the request to the applicable Dean or MAU leader in charge of their unit for review; the Dean/VP/MAU leader must acknowledge assumed responsibility for compliance, administrative, and liability issues arising from employment in another country. The approval should be given only if there is a University-related business need to employ an individual in a country outside the U.S.
  4. Approval is received from the Office of Export Control and Trade Sanctions.
  5. If the request involves three or more individuals working on the same project, or the hiring of in-country individuals, the request is sent to the International Compliance Committee for review, and if approved, then the remote work agreement is implemented.
  6. This does not apply to temporary travel to another country (i.e., sabbatical, visiting professorship, conference, etc.)


VI. VIOLATIONS

Failure to follow this policy and University expectations may result in ending a remote work arrangement. Employees who violate this policy may be subject to discipline.

 

VII. HISTORY

Effective Date: July 1, 2022

Last Updated: July 1, 2022