University of Maryland Policy on Out-of-State Work for Faculty

The purpose of the University of Maryland Policy on Out-of-State Work for Faculty (“the Policy”) is to mitigate the risk to the University of Maryland, College Park (“the University”) and to faculty members who regularly perform work outside of the State of Maryland, including outside of the United States. This Policy is required by the University System of Maryland Policy on Out-of-State Work for Employees, VI-6.20.

The University is part of the University System of Maryland (“USM”), an agency of the State of Maryland. The employment of individuals in Maryland, to the extent feasible, is an expectation of the State of Maryland. Generally, the University is best able to serve its community, and the State, by employing personnel who are physically present in Maryland and able to participate directly in the University’s research, education, and service activities in Maryland. As an institution of higher education, it is the presence of faculty, staff, and students–and their interactions throughout the day–on campus and in University or partner facilities that makes the University a successful and dynamic organization and a vibrant community. Being together allows faculty, staff, and students to interact more frequently, develop strong relationships, innovate and collaborate, and benefit from all that the University community has to offer.

Although technology can make it possible to work, connect, teach, interact, and communicate remotely, the University expects faculty members to be present on campus, or in University or partner facilities, in order to build and strengthen our community. Such engagement is critical to realizing our goals, values, and mission.

While the expectation is that, as State of Maryland employees, faculty members work in Maryland, it is recognized that the University undertakes research, instructional, service, extension, and other activities outside of Maryland, which occasionally presents situations in which it might be beneficial to the University for faculty members to work out-of-state.

1. “Next Level Administrator” means the administrator to whom a Unit Head reports, typically a Dean or Vice President.
2. “Out-of-State Work” means work that is regularly performed by an Out-of-State Worker on behalf of the University outside the State of Maryland.
3. “Out-of-State Worker” means a University faculty member who regularly performs work duties outside the State of Maryland, including but not limited to when the faculty member is authorized to telework regularly from a location outside the State of Maryland.
4. “Remote Work” means telework that is designed for off-site work. Remote workers use their home or other remote location as their primary work location, and they are rarely in the organization’s workplace.
5. “Telework” means performing the same work normally performed at the University workplace, but doing so from home or other location away from the University workplace on an intermittent basis (e.g., one or two days per week).
6. “Unit” means an academic unit (typically a department, college/school, or research center) or administrative unit (typically a division or office) in which the Out-of-State Worker is appointed.
7. “Unit Head” means a University administrator who has a supervisory relationship to a University employee.
8. “Work Location Address” means the physical location from which a faculty member performs a majority of their work.

This Policy applies to faculty members of the University. This Policy is not intended to apply to occasional, approved work-related travel, including field research.

The University may elect to not authorize Out-of-State Work in any jurisdiction based on its review of the jurisdiction’s legal and regulatory employment requirements, the risks and costs associated with employment in that jurisdiction, and the ability of the University to ensure University and employee protections as required by laws and regulations in that jurisdiction. Regardless of employment jurisdiction, faculty members must meet University employment eligibility requirements.

The Office of Faculty Affairs, University Human Resources, International Student Scholar Services, the Office of General Counsel, and relevant University administrative units together shall:

1. Assess risks associated with Out-of-State Work based on an assessment of legal and regulatory environments, as well as any employer requirements, for jurisdictions in which Out-of-State Work may occur.
2. Develop and publish criteria for reviewing current and new faculty Out-of-State Work requests (e.g., the position requires Out-of-State Work; the position is operationally critical; the University is able and willing to meet the legal, regulatory, and cost requirements of the work jurisdiction).
3. Develop and publish procedures for the submission and review of current and new faculty Out-of-State Work requests.
   1. These procedures should include an approval workflow that, at a minimum, includes review and approval of faculty Out-of-State Work requests by the relevant Unit Head(s) and Next Level Administrator(s).

The University has final approval authority over faculty Out-of-State Work requests and arrangements. Given the changing legal and regulatory requirements of jurisdictions in which Out-of-State Work might be performed, and changing University priorities and needs, the University may in its sole discretion deny, rescind, terminate, or modify Out-of-State Work arrangements with notice to the faculty member.