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Texas Education Code - EDUC § 51.992. Restrictions on Telework for Higher Education Employees

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) "Faculty member" has the meaning assigned by Section 51.101.

(2) "Institution of higher education" has the meaning assigned by Section 61.003.

(3) "Telework" means a work arrangement that allows an employee of an institution of higher education to conduct on a regular basis all or some institutional business at a place other than the employee's regular or assigned temporary place of employment during all or a portion of the employee's established work hours.

(b) Notwithstanding Section 658.010, Government Code, an institution of higher education may not allow telework for an employee except as provided by this section.

(c) An institution of higher education may allow telework for an employee on a temporary or permanent basis if the employee:

(1) has a temporary illness;

(2) has a temporary or permanent medical condition or disability requiring the institution to make a reasonable accommodation under state or federal law for the telework;

(3) is employed in a nonteaching position and:

(A) has demonstrated the ability to work well with minimal supervision;

(B) has a deep understanding of the employee's duties and responsibilities;

(C) has demonstrated the ability to manage the employee's time;

(D) has a record of thoroughly and efficiently accomplishing the employee's duties;  and

(E) is employed in a position that does not require the employee's day-to-day physical presence at the institution or in-person interaction with students, administration, or other employees;

(4) is employed in a teaching position but is not a faculty member of the institution;

(5) is employed in a teaching position and is currently assigned to teach only a course or program that the institution has:

(A) approved for remote instruction in accordance with the institution's academic oversight or faculty governance procedures;  and

(B) designated as:

(i) distance education;  or

(ii) a dual credit course or program provided by the institution;

(6) is employed as a faculty member and is on a temporary research assignment located off the institution's campus; or

(7) is employed as a faculty member who provides telehealth services as part of the employee's assigned clinical, research, or instructional duties.

(d) This section does not prohibit an employee of an institution of higher education from providing instruction for a dual credit course or program:

(1) at the campus of a school district or open-enrollment charter school;  or

(2) if required for the course or program, by telework.

(e) An employee of an institution of higher education is exempt from the prohibition on telework under this section during the period of a catastrophe that, as determined by the institution's chief administrative officer or the officer's designee:

(1) is an event that directly interferes with the employee's ability to work in person, such as:

(A) a fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm;

(B) a power failure, technical breakdown, cyber attack, transportation failure, or interruption of communication facilities;

(C) an epidemic;  or

(D) a riot, civil disturbance, or enemy attack or another actual or threatened act of lawlessness or violence;  and

(2) either:

(A) poses or may pose a danger to the employee's physical health or safety;  or

(B) prevents or may prevent the employee from performing the employee's assigned duties at the institution.

(f) After the period of a catastrophe described by Subsection (e), an institution of higher education shall make all reasonable efforts to ensure that an employee of the institution engages in telework only as provided by this section.

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Cite this article: FindLaw.com - Texas Education Code - EDUC § 51.992. Restrictions on Telework for Higher Education Employees - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-51-992/

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