Out of State Employees

Policy

This 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.  Managers with questions should contact Faculty Affairs (for Faculty employees) or Human Resources (for Staff employees and GRAs/GTAs).

Preauthorization Request Form

Complete the appropriate form below to request the hiring of a prospective employee or to request approval for an existing employee who will physically work outside of Georgia.  Once completed, all forms should be emailed to hr@kennesaw.edu. 

Faculty Out of State Request Form

Staff or Student Assistant Out of State Request Form

Graduate Student Employee Out of State Request Form

Out of State Request 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 consult with outside legal counsel to determine remote work compliance requirements for the applicable state’s employment-related laws and advise of any 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 requests that are approved, the decision will include information on the associated administrative costs if available at the time of the decision. Otherwise, the cost will be provided as soon as it is available. Assessments will be based on current information but may be subject to adjustment due to changes in the laws of the applicable state.
    • For approved requests:
      • Staff and Graduate Students must complete a telework agreement detailing the terms and conditions prior to the start of the out of state assignment
      • Faculty must complete a Faculty Out of State Work Agreement  detailing the terms and conditions prior to the start of the out of state assignment
    •  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.
    • HR will notify Fiscal Services (Payroll) of the approved out-of-state location.

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. While we will review these requests as promptly as possible, please allow up to 60 days for review.

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.

Example Scenarios

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 

  • Yes.

    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.

  • Yes.

  • No.

    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.

  • Yes.

  • Possibly. It depends on what is considered a “short time.”

  • Yes.

    Note: Staff remote work schedules require both the approval of departmental leadership and the Out of State Workers Review Committee. If approved, a documented teleworking agreement must be on file.   Faculty performing instruction may not alter modality without prior approval (Section 2.4 of the KSU Faculty Handbook).  

  • Yes.

    Note: Appropriate consideration will be given to graduate students optimizing student success associated with academic requirement.

  • Yes.

    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.

  • Yes.

    Special Note: In general, the review committee will not approve out-of-state work for undergraduate student employees unless a temporary assignment.

  • Yes.

    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.

FAQS

  • Yes, all current employees who regularly perform their work outside the state of Georgia must be submitted for review and approval.

  • Supervisors are responsible for monitoring employees' adherence to policy, which includes tracking time-related components such as consecutive days or percentage of work performed.

  • 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).

  • Additional costs will vary based on the state where work is being performed and its associated laws in contrast to those within Georgia.

  • Except where specified otherwise by law, a remote employee is responsible for establishing a safe and an appropriate remote work environment.

  • 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.

  • 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).

  • 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.

  • Yes, all approvals are for no more than 12 months and will require annual review.

  • 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. 

 

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