I. General Policy
This policy defines work arrangements for all Rice University faculty, staff, and student employees who reside and work outside the State of Texas. The policy is needed to ensure compliance with state and international laws, including withholding requirements, state unemployment requirements, and state specific required trainings or legal requirements of specific countries.
This policy does not cover flexible work arrangements within the State of Texas and does not apply to an out-of-state work arrangement for a temporary period or those who are subcontractors to Rice.
Out-of-state work arrangements should be limited, justified by the needs of the University, and are not meant to satisfy an employee’s personal preference to work in another state or country.
II. Roles & Responsibilities
This policy applies to all Rice University faculty, staff and students who also are hourly employees, research assistants or teaching assistants.
A. The Controller’s Office is responsible for overseeing and implementing payroll tax withholding and filing from out-of-state employees.
B. Human Resources oversees and provides guidance to supervisors regarding the implementation of Policy 440 and approval of such out-of-state work arrangements.
C. Supervisors are responsible for notifying and working with Human Resources on all proposed out-of-state work arrangements.
D. Office of General Counsel provides legal advice to the university on such out-of-state work arrangements.
E. Associate Vice President, Ethics, Compliance and Enterprise Risk & Chief Compliance Officer works with Human Resources to assure that a process is in place for the university to comply with international, state and local laws and regulations.
F. Information Security Office is responsible for guidance on data security, privacy oversight, and technology risk management related to out-of-state work locations.
G. Employees who are working out-of-state must comply with Rice policies and procedures and the laws of the location where they work.
III. Definitions
An “out-of-state” employee is defined as an employee (faculty, staff, or student) of Rice University whose primary work location is outside of the State of Texas. The default work location for Rice University employees is Houston, Texas.
A “temporary period” is an out-of-state work arrangement lasting no more than 30 business days in a calendar year.
IV. Elaboration of Policy
Out-of-state working arrangements must be approved by Human Resources and an employee’s Dean, Vice Provost, Director or Vice President. Such arrangements are only appropriate for the following positions:
A. Positions critical to the university’s mission and vision, where a highly qualified candidate cannot be located within or is unable to relocate to Texas.
B. Remote faculty hired specifically for online programs.
C. Research faculty or staff or graduate research assistants whose research under the supervision of a Principal Investigator who is a Rice employee is conducted out-of-state beyond a temporary period.
All requests must be reviewed and approved by Human Resources following consultation with the Controller’s Office, the Office of the General Counsel, the Associate Vice President, Ethics, Compliance and Enterprise Risk & Chief Compliance Officer, and in certain cases with the Information Security Office. Anytime that confidential information from Rice University or equipment that can access such confidential information is being used or stored out-of-state, the Information Security Office should be consulted.
Employees who move from a Houston location to an out-of-state location will not be guaranteed specific office space if or when they return to Houston.
V. Cross References to Related Policies
Policy 107 - Anti-bribery and Corruption
Policy 427 - Compliance with Law
Policy 440 - Flexible Work Policy for Benefits-Eligible Staff Employee
VI. Responsible Official and Key Offices
Responsible Official: Executive Vice President for Operations, Finance, & Support
Responsible Official: Controller’s Office; Human Resources; Office of General Counsel; Office of Ethics, Compliance, and Enterprise Risk; Information Security Office
Signatures
David W. Leebron, President
Policy History
Issued
November 8, 2021
Clerical Changes
January 12, 2023
January 18, 2023
August 15, 2023
March 4, 2024