Workplace Flexibility Policies, Coverages & Laws

UC Davis wants all employees and university property protected while employees work remotely.

Policies and Laws Affecting Flexible Work

UC Davis has policy and guidelines, which apply to all UC Davis locations, for how to implement flex in your unit. Check with your department/unit Human Resource department to see what the policy is in your unit/school/classification regarding flexible scheduling and flexible workplace.


Americans with Disabilities Act (ADA)

The basic premise of the federal ADA is to protect qualified individuals with disabilities from discrimination. Under ADA, employers are also required to make reasonable accommodations to disabled individuals unless the employer can demonstrate that doing so would create an undue hardship on the employer’s operations. Per ADA guidelines, reasonable accommodations may include job restructuring, part-time or modified work schedules. 
EEOC fact sheet on telework.


Family and Medical Leave Act (FMLA) & California Family Rights Act (CFRA)

FMLA is federal law designed to help employees manage their work and family responsibilities by allowing them to take reasonable unpaid leave for certain family and medical reasons.

CFRA generally mirrors the FMLA but allows leave for a registered domestic partner. FMLA leave runs concurrently with, and is not in addition to, the leave entitlements provided by CFRA leave. Please refer this chart on the differences between the FMLA and the CFRA leaves.

 


Discrimination 

  • The university may be liable for sex discrimination if a unit/department acts on sex stereotypes about who would be most qualified for remote work. Unit/departments should be careful not to decide remote work arrangements based upon an employee's disability or status.
  • Mitigation measure: Supervisors/unit/department heads should be educated on the importance of not making assumptions about employees who request remote work. Requests should apply consistent criteria for approval.

Liability

Auto
  • The employee’s personal auto liability coverage is primary and must comply with UC Policy G-28 on regulations governing travel. 
  • Mitigation Measure: The supervisor/department head should advise the employee that using their vehicle for university business may affect their auto insurance coverage. The employee should review their policy and discuss any concerns with their carrier.
Workers Compensation
  • Work-related injuries incurred at the remote worksite, during agreed upon working hours, are covered by Workers Compensation and should be reported promptly to the supervisor/department head. 
  • Mitigation Measure: The supervisor/department head should advise the employee that such reports of injuries will be handled in the same manner as reports of injuries at the primary worksite.

Protection of the University’s Intellectual Property

  • The university may risk a loss of intellectual property and/or risk infringing on the privacy rights of others if workers disclose information they should not as a result of the informal setting.
  • Mitigation measure: The supervisor/department head should ensure that the unit/department's policies regarding proprietary and personal information cover remote worksites and should advise the employee about the risks of inadvertent disclosure of unit/department or personal information, the value of that information, and the consequences of disclosure. 

Electronic privacy concerns

  • An employee's expectation of privacy in the workplace (email, phone calls) may increase when working remotely. This is not a huge concern given the expansive privacy rights and incidental use afforded by UC policy.
  • Mitigation measure: Unit/departments should put into writing what the employees' expectation of privacy should be.