I. Purpose
A. This Procedure is adopted to implement the Flexible Work Policy (“Policy”) as it pertains to Alternative Work Schedules.
B. This Procedure establishes eligibility, the process for seeking approval, and the conditions that must be met by employees who seek an Alternative Work Schedule.
II. Scope and Applicability
A. This Procedure applies to professional and support staff; administrative staff; and contractual employees.
B. This Procedure does not apply to temporary employees due to the nature of their positions.
C. Faculty
1. It is an accepted practice for full-time and part-time faculty members to carry out their work with varied schedules.
2. Faculty members are not required to enter into a formal Alternative Work Schedule Application and Agreement, as set forth below.
D. This Procedure does not apply to a request for an Alternative Work Schedule as a reasonable accommodation under the ADA. Such requests should be submitted to the Office of Human Resources, using forms available upon request.
III. Definitions
A. All capitalized terms in this Procedure have the meanings provided in the Policy and Telework Procedure.
B. All other capitalized terms in these Procedures have the following meanings:
1. Alternative Work Eligibility Checklist is part of the Alternative Work Schedule Application and Agreement that sets forth the criteria that an employee and employee’s position must meet to be eligible for an Alternative Work Schedule.
2. Compressed Work Schedule means the Eligible Employee’s regularly scheduled work hours are fixed over fewer than five (5) workdays in one (1) week or fewer than ten (10) workdays in two (2) weeks.
3. Flex Time Schedule means the Eligible Employee’s workday start and end time differs from the standard schedule for the position. The Flex Time Schedule may be fixed for a period of time or may vary from day to day.
IV. Eligibility for an Alternative Work Schedule
A. Generally, work schedules are set in advance by an employee’s Supervisor based on the business needs of the department.
B. Once work schedules are defined and communicated to employees, an employee who wishes to deviate from the work schedule must request an Alternative Work Schedule and obtain approval pursuant to this Procedure.
C. No College employee is entitled to or guaranteed the opportunity to participate in an Alternative Work Schedule.
D. Unless otherwise noted in the job description as a condition of employment, participation in an Alternative Work Schedule is at the discretion of the College and may vary among and within departments depending on the needs of that particular area and the duties of the positions.
E. Essential job duties will not be altered or shifted to another employee in order for an employee to participate in an Alternative Work Schedule.
F. Levels of service provided to students, employees, the department, the College, or the public will not be compromised due to an Alternative Work Schedule.
G. Certain positions, including but not limited to, those responsible for providing in-person services or providing support to students, other employees or departments, or the public during specified work hours may not be suitable for an Alternative Work Schedule.
1. Employees who are currently on a PIP, have been placed on a PIP within ninety (90) days of submitting an Alternative Work Schedule Application and Agreement, or have received disciplinary action of a written warning or higher within one (1) year of submitting an Alternative Work Schedule Application and Agreement may not be eligible for Alternative Work Schedule.
2. Employees with documented absenteeism, tardiness, or leave without pay issues may not be eligible for an Alternative Work Schedule.
V. Alternative Work Schedule Application and Agreement
A. An employee who wishes to participate in an Alternative Work Schedule will meet with the Supervisor to discuss whether the employee meets the criteria in the Alternative Work Eligibility Checklist, the type of Alternative Work Schedule the employee desires, and the employee’s desired schedule for the Alternative Work Schedule.
1. If the Supervisor and the Second Level Supervisor determine that the employee is an Eligible Employee, the Supervisor and the employee will complete the Alternative Work Schedule Application and Agreement, which will include the Alternative Work Eligibility Checklist.
2. The employee, the Supervisor, and the Second Level Supervisor must sign the Alternative Work Schedule Application and Agreement.
3. The Second Level Supervisor must submit the completed Alternative Work Schedule Application and Agreement to HR at alternativework@aacc.edu to review for compliance with this Procedure and to place it in the Eligible Employee’s personnel record.
B. An Alternative Work Schedule Application and Agreement is granted on a revocable basis and may be modified, suspended, or terminated as set forth below.
C. A Supervisor may require an Eligible Employee to report to a College Location outside of the schedule set forth in the Alternative Work Schedule Application and Agreements more frequently during the Eligible Employee’s introductory period in order to ensure adequate orientation, training, and skill-building.
D. Requests for initial Alternative Work Schedule Application and Agreements must be submitted by the deadline provided by HR.
VI. Expectations for Alternative Work Schedules
A. Applicable Law, Policies and Procedures
1. An Eligible Employee must comply with the College’s policies, procedures, manuals, rules, practices, and instructions as well as federal, state, and local laws while participating in an Alternative Work Schedule.
2. All employment laws must be followed during Alternative Work Schedules, including the FLSA.
a. Non-exempt employees may not be approved for a Compressed Work Schedule or Flex Time Schedule that exceeds forty (40) hours in one workweek, Monday through Sunday.
b. Exempt employees may not be approved for a Compressed Work Schedule or Flex Time Schedule that exceeds eighty (80) hours in two workweeks.
c. In compliance with FLSA, non-exempt employees must comply with the College’s requirements for reporting time off and Overtime and compensatory time process during an Alternative Work Schedule in the manner designated by HR and must obtain prior written approval from the Supervisor to work beyond the scheduled work hours per day and/or per workweek in order to earn Overtime or compensatory time.
d. Meal breaks and scheduled breaks are not eliminated when an Eligible Employee is approved for an Alternative Work Schedule; however, the Supervisor may require notice before the Eligible Employee takes breaks.
3. Leave
a. The Eligible Employee must submit requests for annual leave, sick leave, and other forms of leave to the Supervisor in advance in accordance with the College’s policies, procedures, and practices.
b. Leave requests must be based on the Alternative Work Schedule. For example, if an Eligible Employee uses sick leave on a Compressed Schedule of four (4) ten-hour days per week, the employee must account for ten (10) hours of work on a work day in which the sick leave is taken, not eight (8) hours that would be reported under a regular work schedule.
c. If an Eligible Employee is ill or injured and unable to perform the job duties during scheduled work hours, the Eligible Employee will notify the Supervisor and report hours worked and use of sick leave for hours not worked based on the Alternative Work Schedule.
d. The Eligible Employee must submit requests for leave under FMLA to HR in accordance with the College’s policies, procedures, and practices.
4. Paid Holidays
a. Any Eligible Employee who is entitled to a paid holiday may not receive more than their regularly scheduled hours or eight (8) hours of pay for the per holiday, whichever is less.
b. If a holiday falls on the Eligible Employee’s regularly scheduled work day, the Eligible Employee will be paid the holiday for the hours scheduled to be worked on the holiday up to a maximum of eight (8) hours of pay for that day.
c. An Eligible Employee regularly scheduled to work more than eight (8) hours on a holiday may use annual leave to maintain their hours of regular pay for that day or may opt to work additional hours on another day during the same workweek at the regular rate of pay, if approved by the Supervisor in writing.
d. If a paid holiday falls on a day that the Employee is not ordinarily scheduled to work, full-time Employees may reduce their work hours for the week by eight (8) hours, as approved by the Supervisor in writing.
e. Part-time employees who work 20 hours or more per week may reduce their work hours for the remainder of the week by 1/5 of their regularly scheduled work hours. For example, an Employee regularly scheduled to work 20 hours/week who is not scheduled to work on a holiday may reduce their work hours for the remainder of the week by four (4) hours, as approved by the Supervisor in writing.
B. Schedule and Availability
1. An Eligible Employee and the Supervisor must agree to regularly scheduled work hours in the Alternative Work Schedule Application and Agreement.
a. For fulltime exempt employees, work hours must equal a minimum of eighty (80) hours per two (2) workweeks.
b. For fulltime non-exempt employees, work hours must equal a total of forty (40) hours per one (1) workweek.
c. For part time employees, work hours must be equal to the standard work hours relating to the Eligible Employee’s full-time equivalency (“FTE”) per one (1) workweek.
2. The Eligible Employee must comply with the regularly scheduled work hours, work expectations, expected response time, deadlines for work, and the appropriate manner and frequency of communication set forth in the Alternative Work Schedule Application and Agreement and as directed by the Supervisor.
a. The level of communication should be consistent with employees working at regular departmental schedule and in a manner and frequency that is appropriate for the job.
b. The Eligible Employee must be easily accessible throughout regularly scheduled work hours by telephone, email, and other electronic means and respond to phone calls, emails, and other inquires in a prompt and timely manner.
3. Emergency or Unscheduled College Closures
a. If the Eligible Employee is an essential employee, the Supervisor may require the Eligible Employee to work during a College closure, even if the Eligible Employee’s regularly scheduled work hours do not include work on the day of the closure, subject to a schedule adjustment for the workweek or payment of Overtime or compensatory time.
b. If the Eligible Employee has access to the College’s systems and safely can work remotely during an emergency or unscheduled College closure, the Supervisor may require Mandated Telework in accordance with the Telework Procedure if the Eligible Employee’s regularly scheduled hours occur during a College closure. An Eligible Employee who performs job duties during regularly scheduled work hours remotely during a College closure will not receive Overtime or compensatory time off.
c. If the Eligible Employee does not have access to the College’s systems or cannot safely work remotely during a College closure, the Supervisor, in consultation with HR, may grant administrative leave for the number of work hours the Eligible Employee is regularly scheduled to work during the College closure.
4. Requirement to Report to Work on a Day the Eligible Employee Is Not Scheduled to Work
a. A Supervisor may require an Eligible Employee to report to a College Location as needed for work-related meetings or other events on a day(s) that conflicts with the Alternative Work Schedule.
b. When possible, an Eligible Employee will be given a minimum of twenty-four (24) hours advance notice of the requirement to work on a day(s) that conflicts with the Alternative Work Schedule.
c. If an Eligible Employee is required to work on a day(s) that conflicts with the Alternative Work Schedule, the Eligible Employee may request to switch the day(s) that the Eligible Employee works during the same workweek or pay period with approval from the Supervisor, so long as the change in schedule does not result in the payment of Overtime or compensatory time off, unless the Supervisor approves the Overtime or compensatory time off in advance of the work being performed.
C. Job Performance
1. The Eligible Employee will maintain similar levels of productivity, services, and performance and complete all assigned work consistent with other employees in the department as if the Eligible Employee were working a regular schedule.
2. The Supervisor will monitor deadlines and work produced and will evaluate job performance while participating in an Alternative Work Schedule in the same manner that work performed using a regular schedule would be evaluated.
D. This Procedure does not provide for every contingency that may arise.
1. Supervisors and Eligible Employees should work together to resolve any unforeseen situations that may arise.
2. Supervisors are encouraged to discuss any concerns with HR.
3. Supervisors should assess the Alternative Work Schedule with Eligible Employees on a regular basis and provide guidance about maintaining these expectations.
VII. Modification of an Alternative Work Schedule Application and Agreement
A. If there is a change in supervision, employment status, office conditions, or job duties, the Eligible Employee or Supervisor may be required to submit a new or modified Alternative Work Schedule Application and Agreement.
B. By the Eligible Employee
1. The Eligible Employee may request to modify the Alternative Work Schedule Application and Agreement, at any time, by submitting a signed modified Alternative Work Schedule Application and Agreement to the Supervisor for approval.
2. If the Supervisor agrees to the modifications, the Supervisor will sign the modified Alternative Work Schedule Application and Agreement and submit the modified Alternative Work Schedule Application and Agreement to HR at alternativework@aacc.edu to review for compliance with this Procedure and to place it in the Eligible Employee’s personnel record.
C. By the Supervisor
1. If the Supervisor wishes to modify the Alternative Work Schedule Application and Agreement, the Supervisor must sign and submit a modified Alternative Work Schedule Application and Agreement to the Eligible Employee for consideration.
2. If the Eligible Employee agrees to the modifications, the Eligible Employee will sign and submit the modified Alternative Work Schedule Application and Agreement to HR at alternativework@aacc.edu to review for compliance with this Procedure and to place it in the Eligible Employee’s personnel record.
D. If the Eligible Employee does not agree to modifications proposed by the Supervisor, the Supervisor must submit the modified Alternative Work Schedule Application and Agreement to the Second Level Supervisor along with the reasons for the requested modifications and the Eligible Employee’s objections.
1. If the Second Level Supervisor determines the reasons for the requested modification(s) are sufficient, despite the Eligible Employee’s objections, the Second Level Supervisor will notify the Eligible Employee in writing that the Eligible Employee must sign the modified Alternative Work Schedule Application and Agreement and submit it to HR within five (5) Business Days or the Second Level Supervisor will submit a request to HR to terminate the Alternative Work Schedule Application and Agreement.
2. If the Second Level Supervisor determines that the reasons for the requested modifications are not sufficient, the Second Level Supervisor must notify the Eligible Employee and the Supervisor in writing, and the current Alternative Work Schedule Application and Agreement will remain in place.
VIII. Suspension or Termination of an Alternative Work Schedule Application and Agreement
A. By the Eligible Employee
1. Except for Alternative Work Schedule Application and Agreements that are a condition of employment, an Eligible Employee may terminate an Alternative Work Schedule Application and Agreement at any time by providing ten (10) Business Days’ written notice to the Eligible Employee’s Supervisor.
2. Upon receipt, the Supervisor will submit the notice to HR to place in the Eligible Employee’s personnel record.
B. By the Supervisor
1. At any time, upon consultation with the Second Level Supervisor, the Supervisor may submit a request to suspend or terminate the Alternative Work Schedule Application and Agreement in writing to HR along with the reasons for the requested suspension or termination, which may include, but are not limited to, the following:
a. An adverse impact on office or department coverage or staffing;
b. Changes in work demands or operational needs that requires the employee to temporarily or permanently stop the Alternative Work Schedule;
c. The employee has shown a pattern of not being available or accessible on the days and times the employee works the Alternative Work Schedule;
d. The employee’s performance is not meeting expectations as documented in the most recent Coaching Conversation or other form of written communication to the employee;
e. The employee is placed on a PIP and/or issued disciplinary action of a written warning or higher;
f. The employee fails to comply with applicable law or the College’s policies, procedures, rules, manuals, or handbooks; and/or
g. The employee fails to report to work at a College Location, as directed by the Supervisor.
2. If HR determines the reasons for the requested suspension or termination are sufficient, HR must notify the Eligible Employee, the Supervisor, and the Second Level Supervisor in writing that the Eligible Employee’s Alternative Work Schedule Application and Agreement will be suspended or terminated in no less than five (5) Business Days, which will include a notice of the Eligible Employee’s right to appeal.
a. If HR determines that it is in the College’s best interests to suspend or terminate the Eligible Employee’s Alternative Work Schedule Application and Agreement in less than five (5) Business Days, HR must notify the Eligible Employee of the date the Alternative Work Schedule Application and Agreement will be suspended or termination and must provide the reasons for providing less notice.
b. HR must place the notice of suspension or termination of the Alternative Work Schedule Application and Agreement in the Eligible Employee’s personnel record.
3. If HR determines that the reasons for the requested suspension or termination are not sufficient, HR must notify the Eligible Employee, the Supervisor, and the Second Level Supervisor in writing and the current Alternative Work Schedule Application and Agreement will remain in place.
IX. Appeals
A. If an employee disagrees with any decision that is made by the Supervisor, Second Level Supervisor, and/or HR under this Procedure, the employee may submit a written appeal to the Next Level Supervisor, setting forth the reasons the employee believes the decision should be modified or reversed.
B. The Next Level Supervisor must send a copy of the written appeal to the Supervisor, Second Level Supervisor, and/or the representative of HR who made the decision that is under review.
C. Within ten (10) Business Days, the Next Level Supervisor must schedule a conference in person, via telephone, or through electronic means with the employee, the Supervisor, Second Level Supervisor, and/or the representative of HR who made the decision that is under review.
D. At the conference, the Next Line Supervisor will provide the employee, the Supervisor, the Second Level Supervisor, and/or the representative of HR each with an opportunity to present the reasons for or against the decision.
E. The standard of review is whether the decision at issue was arbitrary, capricious, and/or did not follow this Procedure or the Policy.
F. Within five (5) Business Days of the conference, the Next Line Supervisor must determine whether to uphold, reverse, or modify the decision and briefly state the reasons in writing and send a copy of the determination to the employee, the Supervisor, the Second Level Supervisor, and HR.
G. HR must place a copy of the determination in the employee’s personnel record.
X. The Alternative Work Schedule Application and Agreement and any other forms or guidelines required to be completed under this Procedure must be approved by the Vice President of Learning Resources Management.
Procedure Title: Alternative Work Schedule Procedure
Policy Category: Human Resources
Policy Owner: Vice President of Learning Resources Management
Policy Administrator: Executive Director of Human Resources
Contact Information: Suzanne Boyer; 410-777-2425; humanresources@aacc.edu
Approval Date: April 24, 2023
Effective Date: July 1, 2023
History: N/A
Applies to: Professional and support staff; administrative staff; contractual employees; and temporary employees (if the temporary employee’s job description specifically states that the position is eligible for an Alternative Work Schedule).
Related Policies: Flexible Work Policy
Related Procedures: Telework Procedure
Forms/Guidelines: Alternative Work Schedule Application and Agreement
Relevant Laws: Md. Code, St. Pers. & Pens., § 2-308
Fair Labor and Standards Act, 29 U.S.C. § 201, et seq.
Family Medical Leave Act, 29 U.S.C. § 2601, et. seq.
Americans with Disabilities Act, 42 U.S.C. §12101, et. seq.