| Topic: | Employees, Employment and Workplace |
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| Approval Authority: | President and Vice-Chancellor |
| Approval Date: | June 22, 2022 |
| Effective Date: | September 1, 2022 |
1. Introduction
York University is committed to innovative ways of working that serve our diverse community and advance our priorities while continuing to promote sustainability in alignment with the United Nations Sustainable Development Goals. The University recognizes that work in the future will be different and that being a leading employer means embracing that change.
This Policy has been shaped by key sector research, consultations with managers and unions and employee feedback through survey responses and Town Halls. This Policy recognizes the importance of supporting our vibrant campus life while offering a flexible, and values-based approach to work that is uniquely York’s. York’s approach to hybrid work enhances the student experience both in-person and online, and the engagement of all members of the York community.
2. Purpose
This Policy establishes Hybrid Work Arrangements that are adaptable to an on-campus, in-person university, supports students, faculty, and instructors, and promotes staff well-being.
York will assess, in a fair and equitable manner, how services are delivered, the work that is required, and the benefits of flexibility in on-campus and online service delivery when establishing Hybrid Work Arrangements.
3. Scope and Application
3.1. This Policy applies to CPM (including Temporary Contract Management [TCM]) YUSA-1, and YUSA- 2 staff.
3.2. The Policy does not apply to staff in the following non-academic bargaining units: CUPE 1356, CUPE 1356-1, CUPE 1356-2, and IUOE.
4. Definitions
In this Policy,
“CPM” means employees of the University who are designated as Confidential, Professional, or Managerial.
“Hybrid work” means some combination of working on York campuses and working in a remote location.
“Hybrid Work Arrangement (HWA)” means an approved work schedule that specifies where work is performed.
“Hybrid Work Location” means a combination of the work location on campus and the remote work location agreed to under a HWA, with one location being designated as primary and the other as secondary.
“People Manager” means CPM employees who have managerial responsibility for staff who directly report to them.
“Primary Work Location” means the location where most of a staff’s work is performed.
“Remote Work Location” means an approved work location not on University Campuses.
“Secondary Work Location” means an alternate location where a staff’s work is conducted.
“Senior People Manager” means Divisional Vice-Presidents, or other designated direct reports of the President, Assistant Vice-Presidents, Deans, Senior Executive Officers, Executive Directors, or Executive Officers.
“Staff” means an employee of the University who is designated as CPM, YUSA-1 or YUSA-2.
5. Principles
The following principles are the foundation of this Policy and the accompanying Procedure:
a. York University is primarily an on-campus and in-person University with a commitment to deliver certain courses, services and other activities online or remotely reflecting the evolving needs of our community.
b. York University is committed to service excellence in all aspects of the University’s mission including the decision to provide access to services both in-person and online, consistent with ensuring a high-quality on-campus experience.
c. York University supports staff HWAs where such arrangements do not compromise service to students, faculty and/or other staff members.
d. HWA decisions will align with:
i. the University’s commitments to equity, inclusion, well-being, and engagement, and
ii. the University’s operational requirements in support of our on-campus presence.
e. Decisions about HWAs will be communicated to staff in a transparent manner.
f. People Managers and staff are responsible to deliver on the requirements of their work regardless of their work location.
6. Policy and Guidelines
6.1 Authority
This Policy is enacted by the President of the University pursuant to section 13 (2) b) of the York Act (1965).
6.2. Responsibility
In consultation with the senior administration including the President and Divisional Vice Presidents, the Vice-President Equity, People & Culture is responsible for general oversight of the implementation of this Policy and may establish related procedures and guidelines.
6.3 Implementation
a. Responsibility for Implementation
Senior People Managers are responsible for the implementation of this Policy for staff that they manage and in doing so must:
i. assess and determine on-campus, in-person operational requirements that ensure both service excellence and an overall high-quality student experience,
ii. establish HWAs consistent with the Policy and in accordance with the accompanying Procedure, and
iii. modify and/or discontinue, if necessary, any HWA.
b. Establishment of HWAs
Recommendations from People Managers regarding the establishment of HWAs will be considered and decided by Senior People Managers. People Managers may approve ad hoc remote work requests on an occasional basis as detailed in the accompanying Procedure.
6.4 Modifying Hybrid Work Arrangements
York University reserves the right to amend or discontinue a HWA at its sole discretion at any time. The University will normally provide staff with a minimum of thirty (30) calendar days’ written notice of an amendment to or a discontinuation of a HWA but reserves the right to provide shorter notice due to health and safety concerns or other exceptional circumstances. This same notice period normally applies in the case where a People Manager is asking an employee to work remotely (subject to emergency requirements).
Staff will normally provide the University with a minimum of thirty (30) calendar days’ written notice of a request to return to work on campus, which will be subject to a People Managers’ approval. In exceptional circumstances, People Managers may approve a written notice of request to return to work on campus with less than thirty (30) calendar days written notice.
HWAs are not permanent. HWAs will be reviewed and evaluated annually by the People Manager.
6.5 Fully Remote
Fully remote work schedules are generally not available and may only be approved in exceptional circumstances by a Divisional Vice-President in accordance with the accompanying Procedure.
7. Hybrid Work Arrangements – Terms and Conditions of Employment
7.1 Terms of employment
Compensation, work status, and work responsibilities will not change because of a HWA. Benefits coverage is subject to the terms and conditions of the applicable benefit plan.
7.2 Residency and proximity
Staff must reside in and perform their work in the Province of Ontario, in a location that allows them to attend University Campuses, as required by their People Manager, unless otherwise agreed to as set out in this Policy.
Continuous remote work out of the province/country is generally not available and may only be approved in exceptional circumstances by a Divisional Vice-President in accordance with the accompanying Procedure.
7.3 Work Schedule
Staff Work schedules will not normally change because of a HWA.
a. Remote availability
While working in a remote work location, staff must be available in the same manner as they would be when working on campus.
b. In-person availability
Staff with a HWA may be required by their People Manager to be physically on campus on days they might normally be working remotely for any work-related purposes, such as for meetings, training, projects, and/or events or activities as otherwise required. People Managers will provide as much advance notice of such a requirement as possible.
7.4 Conformity and Compliance
a. Policy and Legal Conformity
The implementation of this Policy aligns with and respects all terms and conditions of employment including the relevant collective agreements, University Policies and Procedures, and any applicable legislation, including the Ontario Employment Standards Act, 2000, the Occupational Health and Safety Act, and regulations.
b. Continuance of the Rights of the University
The University reserves its rights including the right to assign work, to reorganize the workplace and the work pursuant to the applicable collective agreement, employment contract, policies, and laws. If the HWA is discontinued, staff will be required to work at a location designated by the University.
c. Application
This Policy should be read in conjunction with the University’s associated policies, procedures, guidelines, applicable collective agreement provisions and any relevant and applicable legislation, and any other policy that may become applicable and/or relevant.
7.5 Hybrid Work Location
a. Adequateness of Remote Work Location
The University will make available a Remote Workspace Health and Safety Checklist to support Staff in their responsibility to ensure a suitable Remote Work Location having regard to, without limitation, safety including ergonomics, privacy, and confidentiality.
b. Meetings and Visits
Staff will not receive visitors, hold in-person meetings, or otherwise conduct in-person duties with other individuals at a Remote Work Location. If a Staff is required to meet in person with others for reasons relating to the performance of their duties, arrangements must be made to do so on University Campuses or virtually using software that is prescribed by the University.
7.6 University Property, Confidentiality and Data Security
York University will provide reasonable and necessary technology/equipment and supplies to support staff with a HWA to perform their work at their Primary Workspace; however, technology/equipment may be apportioned between the Primary and Secondary Workspaces. On an exceptional basis, an employee may be required to provide their own technology/equipment to be eligible for a HWA.
All relevant University policies, procedures and guidelines and best practices related to IT Computing and Telecommuting apply to HWAs and are available at: http://staff.computing.yorku.ca/computing-policies and are further described in the accompanying Procedure.
7.7 Health and Safety
Staff are responsible for adopting the same safe work practices remotely as in an on-campus workspace.
HWAs will be facilitated in accordance with health and safety and risk management requirements as detailed in the accompanying Procedure.
York University will not be held responsible for injuries to others within the staff members Remote Work Location.
7.8 Applicable Laws and Insurance Requirements
Staff are responsible to become familiar and comply with all applicable laws and insurance requirements.
8. Review
This policy is subject to Presidential review no later than September 1, 2023, and every three years thereafter.
| Legislative History: | Approved by the President June 22, 2022 |
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| Date of Next Review: | September 1, 2023 |
| Related Policies, Procedures and Guidelines: |
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