Out of State Employees
**NOTE: All content on this page is in draft form pending final policy edits**
This (draft) policy requires colleges/divisions seeking to either hire an individual who will work out-of-state or permit a current employee to work out-of-state to obtain advance review and approval before hiring or permitting out-of-state work.
Preauthorization Request Form
Use this form to request the hiring of a prospective employee or to request approval for an existing employee who will physically work outside of Georgia. Note: Because this form is a DocuSign PowerForm, it is recommended that you PREVIEW the appropriate form to collect all the information you will need
1. Preview: Faculty, Staff, Student Assistant | Graduate Student Employee
2. Initiate the appropriate form: Faculty, Staff, Student Assistant | Graduate Student Employee
Out of State Request Procedures
Click here to review the procedures
- Manager completes the Preauthorization Request Form linked above when submitting a
request for any faculty, staff or student employee.
- The form will automatically be routed via DocuSign for approvals, so the first step
is to add the appropriate leaders in the PowerForm.
- Once the approving leaders have been entered, the form will load. All sections must
be completed for the form to be considered. (Note: the only exception is for Graduate
Students, per the form instructions).
- Once the form has been routed for signature, it will automatically come to Human Resources.
The manager will also receive a copy of the final signed form.
- HR will coordinate with the Out of State Review Committee to review the request and
to place it on the agenda for the next committee meeting.
- The Committee will review the request and arrange for/conduct any necessary research
on the state in question. Legal Affairs will coordinate with the SAAG to determine
remote work compliance requirements for the applicable State’s employment laws as
well as identify the associated administrative costs.
- A decision will be provided, in writing, to the requester:
- For Staff and Student Employees the decision will be provided by the Chief HR Officer
- For Faculty the decision will be provided by the AVP for Faculty and Academic Services
- For approved requests:
- Staff and Graduate Students must complete a telework agreement detailing the conditions prior to the start of the out of state assignment
- Faculty Out of State Work Agreement
- HR will notify Payroll of the request and the out of state location.
- If a new hire, the approval must be submitted to HR at the time of hire to ensure the smooth processing of the new hire.
- Manager completes the Preauthorization Request Form linked above when submitting a request for any faculty, staff or student employee.
Timeline for current employees to be considered under this policy
Within 90 days of the policy’s effective date, supervisors of employees working outside of Georgia must evaluate the current work arrangements against the Out-of-State Employment Policy to determine its applicability for existing employees who are working out of the state. This means that all current employees who regularly perform their work outside the state of Georgia, must be submitted for review and approval within 90 days of the policy’s effective date.
Timeline for new employees to be considered under this policy
At least 6 weeks before the proposed employment start date, the hiring department must obtain approval from their college or division leadership by submitting a request for authorization to hire an Employee Residing and Performing Work Outside of Georgia. The hiring unit should include as much information as possible to demonstrate the business rationale for the proposed arrangement and the expected length of time of the arrangement.
Below are examples provided to help employees and hiring managers determine whether their remote work situation must be reviewed under this policy. Questions not addressed below. *Scenario assumes full support of hiring manager and all leadership up to cabinet member
I’m a full-time staff member who resides outside of GA, but commutes to campus to work 3 days a week and work remote from home 2 days a week. Must my remote work arrangement be submitted for review by the Out of State Workers Review Committee?
Based on this remote work arrangement, the employee is regularly performing their job inside the state of Georgia
Note: Staff remote work schedules require both the approval of departmental leadership and a documented teleworking agreement.
I’m a full-time faculty member who resides outside of GA and teaches online or hybrid courses, but commutes to campus to work 3 days a week and work remote from home 2 days a week. Must my remote work arrangement be submitted for review by the Out of State Workers Review Committee?
No. Based on this remote work arrangement, the faculty member is regularly performing their instructional duties inside the state of Georgia.
Note: Details of this scenario may need to be reviewed with your department chair depending on your workload assignments.
I’m a full-time faculty member conducting research out of state. Must my out of state research work arrangement be submitted for review by the Out of State Workers Review Committee?
Note: This guidance may differ if portions of this time period are off-contract and faculty member is not being paid. Confer with Faculty Affairs for specific questions.
I'm a full-time faculty member teaching classes online from outside the state of GA. Must my remote teaching arrangement be submitted for review by the Out of State Workers Review Committee?
I'm a full or part-time faculty member teaching classes online from outside the state of GA but only during the Summer semester. Must my remote teaching arrangement be submitted for review by the Out of State Workers Review Committee?
Note: This guidance assumes out-of-state remote work only occurs during the Summer semester. Additional out-of-state work performed within the same calendar year will require preapproval of the Dean and the Out of State Workers review committee.
I'm a part-time faculty member teaching online from outside the state of GA in the Fall or Spring semester. Must my remote teaching arrangement be submitted for review by the Out of State Workers Review Committee?
I am an employee who has been given permission to work remote from outside the state of GA for a short time. Must my remote teaching arrangement be submitted for review by the Out of State Workers Review Committee?
Possibly. It depends on what is considered a “short time.”
I am a current employee intending to move out of Georgia and want to work remote from home (fully remote). Must my remote work arrangement be submitted for review by the Out of State Workers Review Committee?
Note: Staff remote work schedules requires both the approval of departmental leadership and a documented teleworking agreement. Faculty performing instruction may not alter modality without prior approval (Section 2.4 of the KSU Faculty Handbook).
I have been offered a graduate assistantship to complement my graduate studies, but am a fully online student residing outside of the state of GA. Must my remote graduate assistantship arrangement be submitted for review by the Out of State Workers Review Committee?
Note: Appropriate consideration will be given to graduate students optimizing student success associated with academic requirement.
I'm a student assistant who can perform my work assignments remote from outside the state of GA (short time duration; partial remote work). Must this out of state work arrangement be submitted to the Review Committee?
Note: Student employees whose duties can be performed remotely may do so temporarily with pre-approval of departmental leadership in consultation with HR's Student Employment Program Coordinator.
I'm a student assistant who can perform my work assignments remote from outside the state of GA (fully remote). Must this out of state work arrangement be submitted to the Review Committee?
Special Note: In general, the review committee will not approve out-of-state work for undergraduate student employees unless a temporary assignment.
I am a hiring manager looking to make an offer to a candidate who will need time to relocate to GA. Must I submit this arrangement to the Review Committee?
Note: New employees must comply with federal I-9 requirements; State of residence alone does not require review by committee but rather the employee's location while performing work for KSU.
Does this policy apply to current employees already working out-of-state?
Yes, all current employees who regularly perform their work outside the state of Georgia must be submitted for review and approval.
Who is responsible for ensuring compliance with this policy?
Supervisors are responsible for monitoring employees' adherence to policy, which includes tracking time-related components such as consecutive days or percentage of work performed.
Who is responsible for any additional costs associated with an employee approved to work out-of-state?
The hiring department assumes all financial responsibility associated with meeting these requirements (example: additional taxes, increased leave accruals or eligibility, and costs associated with outside legal review).
How will these additional costs be determined?
Additional costs will vary based on the state where work is being performed and its associated laws in contrast to those within Georgia.
Who is responsible for the work environment of a remote employee?
Except where specified otherwise by law, a remote employee is responsible for establishing a safe and an appropriate remote work environment.
Who pays for travel expenses when a remote employee is required to travel to campus?
Kennesaw State University remains the primary workstation for employees regardless of approved remote work privileges and, therefore, the employee will be responsible for all expenses associated with their commute to and from campus when required to be on-site.
Can a department provide university equipment to a remote employee?
In general, outside of a KSU issued laptop, it will be assumed that a remote out-of-state employee will require very little university equipment. For more specific details, questions should be directed to the HR (for staff) and Faculty Affairs (for faculty).
What is the difference in applicability for 12 vs 9 month employees?
This policy is relative to work being performed for the University during the time frame covered by contract, work assignment or paid status. Employees are not required to report work location during periods where they are not being paid.
Does approval to work remote out of state under this policy expire?
Yes, all approvals are for no more than 12 months and will require annual review.
Does this policy apply to employees working internationally?
No. This policy applies to employees who will be working within the United States but outside of Georgia. The rules for international employment have not changed. Due to the complexity and cost of complying with country-specific laws and tax requirements, long-term international employment is prohibited. Please contact Human Resources or Faculty Affairs for more information.