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Out-of-State Work Procedures

The Out-of-State Work Policy requires BYU employees to live in and work primarily in Utah. Remote work outside of Utah is permitted only during isolated, short-term travel. The policy lists four limited exceptions. These procedures are designed to provide additional resources and clarification to assist employees and their supervisors in properly interpreting and implementing the policy.

Questions

Questions about the policy and these procedures should be directed to:

  • Associate Academic Vice President – Faculty Relations;
  • Manager of Staff and Administrative Employment; or
  • Manager of Student Employment.

Questions related to compliance with out-of-state tax, insurance, workers’ compensation, and employment laws should be directed to Regulatory Accounting and Reporting and the Office of the General Counsel.

Examples

  1. A faculty member wishes to relocate outside of Utah for a semester and teach her courses remotely.

    This work arrangement is not acceptable because teaching a course remotely from outside of Utah for a semester does not constitute remote work during isolated, short-term travel. None of the exceptions applies.

  2. An adjunct professor teaching a course unexpectedly moves outside of Utah during the semester. The academic department would like to continue to employ the adjunct professor to teach remotely from his new home outside of Utah until the end of the semester.

    This work arrangement is not acceptable because the adjunct professor now lives outside of Utah. BYU employees are expected to live in and work primarily in Utah. None of the exceptions applies.

  3. A faculty member is assigned to oversee a university study abroad program in Spain for an entire semester.

    This work arrangement is acceptable because it constitutes a university assignment or program outside of Utah that is approved by the responsible vice president or assistant to the president.

  4. A department wishes to hire an applicant who lives outside of Utah to immediately fill a critical role at the university. The applicant requests permission to work temporarily in the state where he currently lives until he can conveniently move to Utah.

    This work arrangement is not acceptable because the employee still lives in another state. BYU employees are expected to live in and work primarily in Utah. None of the exceptions applies.

  5. During a planned 16-day vacation outside of Utah, an employee works remotely several hours to attend a Zoom meeting and respond to time-sensitive emails that cannot await her return to the office.

    Although work during a vacation is not encouraged, remote work from another state during a vacation is acceptable because the work takes place during isolated, short-term travel.

  6. A faculty member attends an academic conference in Europe.

    Attending a work-related conference outside of Utah is acceptable because it takes place during isolated, short-term travel.

  7. An administrative employee decides to spend her paid maternity leave at the home of her parents in another state. During this time, no work is being performed by the employee.

    This would not constitute “out-of-state work” because no work is being performed. The employee maintains her residence in Utah and her work, when she returns to it, continues to be based in Utah.

  8. An employee works with touring performance groups, traveling to other states and countries for several weeks during the year.

    This work arrangement is acceptable provided the work constitutes a university assignment approved by the responsible vice president or assistant to the president.

  9. A group of employees go to Greece for several weeks to film a university-sponsored documentary about the Apostle Paul’s visit to various locations in Greece.

    This work arrangement is acceptable provided the work constitutes a university assignment approved by the responsible vice president or assistant to the president.

  10. An employee seeks permission to work remotely out of state for a month while accompanying his spouse to an out-of-state work assignment for the spouse’s non-BYU employer.

    This work arrangement could be acceptable provided that (1) the work arrangement is approved by the employee’s supervisor and does not violate the university’s Working from Home Policy; (2) the out-of-state stay is isolated and temporary in nature; (3) the employee’s residence continues to be in Utah; and (4) the employee’s work continues to be based in Utah. Note that extending such a work arrangement in a specific state beyond one month would be inconsistent with the definition of “isolated, short-term travel.”

  11. An employee requests permission to work remotely from a second home outside of Utah one to two weeks a month during several months of the year.

    This work arrangement is not acceptable because frequent and repeated work in the same place outside of Utah does not constitute remote work during isolated, short-term travel. None of the exceptions applies.

  12. A student employee who attended winter semester and plans to attend fall semester seeks approval from his supervisor to do some work remotely from his parent’s home in another state during the four-month summer break between semesters.

    This work arrangement is acceptable provided that the supervisor allows it, the student meets the credit requirements for student employment, and the student will return to work on campus after the break.

  13. A student employee asks to work remotely from his parent’s home in Arizona during winter semester as he takes all his classes through BYU Online.

    This work arrangement is not acceptable because it does not constitute remote work during isolated, short-term travel or remote work by a student employee during a break between consecutive semesters. None of the exceptions applies.

  14. A student employed as a foreign language TA plans to attend a university in another country for a semester through the Kennedy Center. The academic department would like the student to continue to work remotely as a TA during her time abroad.

    This work arrangement is not acceptable because it does not constitute remote work during isolated, short-term travel or remote work by a student employee during a break between consecutive semesters. None of the exceptions applies.