Policy Number: 230
Employees working outside of the State of Texas
- Date Reviewed:
- June 2023
- Responsible Office:
- Human Resources; Office of Executive Vice President & Chief Academic Officer
- Responsible Executive:
- Vice President & Chief Human Resources Officer; Senior Vice President for Academic and Faculty Affairs
I. POLICY AND GENERAL STATEMENT
Employees of The University of Texas Health Science Center at Houston (“University”) are required to live and work within the State of Texas. Permitting an employee to work outside of Texas may subject both the employee and the University to the tax, employment and other laws of another jurisdiction, resulting in additional risk and administrative burden.
The University recognizes that there may be unique cases where an exception is essential to the mission of the University and thus warranted. In such cases, the supervisor or hiring authority must seek an exception in accordance with this policy and agree to pay the additional cost associated with the exception.
For individuals whose work eligibility is based on a non-immigrant visa sponsorship (i.e. H1-B, TN, E-3, O-1), the supervisor/hiring authority and employee/applicant must contact the Office of International Affairs to determine whether out-of-state work is permitted by U.S. immigration regulations and, if so, what the requirements are.
A. General Rule
In general, an employee's regular work location where they perform on-site or remote work (see HOOP 228, Remote Work) must be within the State of Texas. This restriction does not apply to occasional remote work done while an employee is out of state for a brief period (generally less than one month per year) or while an employee is out of state on official assignment by the University. Unless an exception is granted, an employee's failure to comply with the in-state work requirement may result in disciplinary action, up to and including termination.
B. Requesting an Exception
Exceptions may be granted when the position is deemed mission critical and hard to fill or when the University seeks to retain or hire an individual who is widely renowned in their field, has expertise in a highly specialized field, or has other unique or notable accomplishments. NOTE: Exceptions are not granted to a candidate/employee that is classified as non-exempt according to the Fair Labors Standards Act (FLSA)
To request an exception to the in-state work requirement, the employee's supervisor (for existing employees) or the hiring authority (for applicants) must submit a Out-of-State Employment Exception Form, including:
- The name of the employee or applicant
- FLSA Status
- Title of position
- Percent appointment (full-time or part-time)
- Whether the employee or applicant is or will be on a visa
- The location(s) in which the employee or applicant wants to work (city and state)
- Whether out-of-state work is intended to be temporary (and duration of temporary appointment) or permanent
- The reason(s) that out-of-state work is essential to the mission of the University, such as:
- To maintain quality patient care services;
- To preserve the results of a research activity that cannot be postponed;
- To preserve the quality of academic programs; or
- To participate in other types of activities for which not filling the position will cause harm to the operations of the university and cannot be postponed (include any other information on the criticality of the position and recruitment efforts)
- Any special accomplishments/credentials of the employee or applicant
- Benefit to the University of retaining/hiring the employee or applicant
The Out-of-State Employment Exception Form must be approved and signed by the Dean or administrative equivalent or designee for the school or unit. For faculty, academic A&P and general A&P positions, the Out-of-State Employment Exception Form must be submitted to the Senior Vice President for Academic and Faculty Affairs or designee for final approval. For management A&P and classified positions, the Out-of-State Employment Exception Form must be submitted to the Vice President & Chief Human Resources Officer or designee for final approval. Human Resources, the Office of Legal Affairs, Payroll, Employee Benefits and/or the Office of International Affairs (if applicable) will be consulted as appropriate. Out-of-state employment cannot begin until appropriate systems (i.e. payroll, benefits, etc.) are updated to account for any state and local taxes or other benefits.
C. Employee Responsibilities
All employees working out-of-state must comply with HOOP 228, Remote Work. Employees are responsible for knowing the tax consequences of any work performed outside of Texas and complying with any applicable laws of the jurisdiction in which they work. Except where otherwise required by law, employees who work out-of-state are not eligible for travel reimbursement to/from their respective University campus location. Such employees must pay transportation and lodging expenses incurred to attend mandatory in-person meetings or training sessions at the Houston campus or regional campuses.
Should the employee intend to move from the original location where the exception was granted to another out-of-state location, the employee must receive approval using the process outlined above prior to the move. The employee may not work in the new location until approval is received. Failure to do so may result in disciplinary action, up to and including termination. Employees must also notify their supervisor if they move back to Texas from an out-of-state location.
D. Manager Responsibilities
If any conditions of employment change for an employee for whom an exception has been granted, the manager must report this information to Human Resources. Examples of a change in condition of employment include a change in FTE, a change in position title, etc. Additionally, if a manager becomes aware of a change in the employee's work location, the manager must report that information to Human Resources and require the employee to complete the approval process outlined above.
- Human Resources
- Office of Faculty Affairs & Development
- Office of International Affairs
- Employee Benefits