General Background
On November 3, 2026, UM’s Vice President of People and Culture Jay Stephens presented in People and Culture's "3 Things to Know About..." series. Key takeaways from his presentation are as follows:
- Commissioner Christian issued a directive on remote work reminding campuses of Board of Regents Policy 715. This directive states the Montana University System’s overall posture on remote work: remote work in some circumstances is a beneficial employment tool that is warranted and necessary. In most circumstances, however, our mission is best served by having employees work in-person and on campus.
- The Commissioner’s directive also details the approval processes for out of state and international remote work requests. In short, any out of state or international remote work requests require the approval of VP Stephens. On international requests, the VP must obtain OCHE’s approval as well.
- UM is updating its remote work policy and procedure. Additional resources are in the works, including: a remote work assessment tool for employees and supervisors to determine if remote work is suitable and a new remote work agreement form.
Frequently Asked Questions Following VP Stephens’ Presentation
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UM's stance on remote work is not changing. Our default position has been, and will remain, that we are a residential university campus and creating a vibrant in-person experience best serves our mission. Remote work remains a tool UM uses where it makes sense. UM is responding to the Commissioner's directive as an opportunity for UM’s People and Culture sector to modernize its processes, provide resources to employees and supervisors, as well as clearer guidance.
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In August 2026, the Commissioner of Higher Education issued a directive on remote work for the Montana University System (MUS). Its stated intent is to provide clarifying guidance on implementation of BOR Policy 715, which already governs remote work. The directive says remote work is beneficial and warranted in some circumstances, but in most cases the mission is best served by employees working in person on campus. It is in effect now.
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No. There will be no mandate recalling remote workers. UM is a residential, in-person campus, but it will keep using remote work when it works for the University and the employee. Departments and units do not need to end current remote work agreements.
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Yes. However, at UM, it is accepted practice for faculty members to carry out their work with varied schedules on campus and elsewhere. In practical terms, that means faculty often come and go throughout a workday and week spending time on and off. This does not require faculty members to complete a remote work agreement. The concern is having employees, including adjuncts, who live full time out of state, where labor laws and tax agreements can complicate payroll and other employment issues.
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Yes. The directive is in effect, so you can begin discussing it. VP Stephens recently sent a communication about it to deans and vice presidents. Through the employee newsletter, Under the M, and managers’ newsletter, the UM People & Culture Update, the campus community has been directed to this website for more information about remote work at UM.
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No. All requests for reasonable accommodation under the Americans with Disabilities Act (ADA) are subject to the required interactive process involving the employee, supervisor, and the appropriate HRS personnel. For questions related to the ADA reasonable accommodation process, employees are encouraged to contact HRS directly.
Remote work arrangements should not be utilized by supervisors to informally accommodate an employee expressing an accommodation need related to a medical condition. Such requests should involve direct engagement with the HRS Employee Wellness Unit, so that reasonable accommodation may be evaluated and implemented as appropriate through the required process.
Approvals for Out-of-State and International Work
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Out of state agreements must be approved by the Vice President of the sector that employees the person wishing to work remotely out of state, following consultation with VP Stephens. VP level approval was already typical for telecommuting agreements, so the new element is the additional consultation with VP Stephens. This consultation, mandated by the Commissioner’s directive, allows UM to evaluate the feasibility of remote work on an individual, case by case basis.
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International arrangements are rare and complicated, since every country has its own rules for employment and taxes. International remote work requests must be reviewed by VP Stephens and approved by OCHE.
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No. Faculty on sabbatical conducting research or scholarship abroad are doing so temporarily and maintain permanent residency in Montana. They do not need a remote work agreement or approval for this work. They should, however, follow University international travel guidance.
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Every state has different labor laws. Some have leave programs or other employment laws that are incompatible with Montana’s. Certain cities and municipalities outside of Montana have restrictive regulations in place that require compliance for workers residing in those areas.
UM must comply with the employment laws of an employee's state of residence. UM may not have a tax relationship with the state and may be unable to appropriately withhold taxes for employees residing there.
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An employee with a Montana address who works remotely out of state *temporarily* without residency is typically fine. Examples of this would include a temporary research visit, combining remote work with a vacation, etc. Permanent out-of-state residence requires approval.
If an employee plans to move to another state and wishes to keep their UM job, they must make a request following the out of state approval process.
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Please contact VP Stephens to discuss the situation and determine next steps.
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Under Montana law, most classified employees may not reside and work outside Montana while working for the state or the MUS. There are a few narrow exceptions (for example, some positions in IT). Your HRS Client Partner can help you navigate this for existing employees.
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It depends on where the employee's assigned worksite and residency are. An employee who lives in Montana and travels temporarily to work elsewhere is treated differently from one who is permanently stationed and resides out of state. Employees who permanently live outside Montana would have to pay taxes there. Departments or units with questions should contact their HRS Client Partner with questions.
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No. Working while traveling for a short period without changing residency, for example, doesn't require one.
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No. Remote work is not allowed for student employees. If someone is a student and holds a position that is not a “student job,” they may qualify. Please consult your HRS Client Partner if you have questions.
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Yes, an employee may live in Montana and complete a remote work agreement with their supervisor.
Recruiting and Hiring
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Job advertisements should be written to clearly state whether or not the position might qualify for remote work status. Please consult with your Recruitment Specialist on how to address the possibility of remote work in the job advertisement, before you even start inviting applications!
VP Stephens must approve any hires of remote employees before an offer is extended.
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Adjunct faculty who teach online and live permanently out of state would go through the same approval process as other out of state employees. Please consult with VP Stephens before making any offer to out of state adjunct faculty.
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Each time you develop a research proposal that might involve UM employees working out of state, please consult with VP Stephens.
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Specific and very complex IRS rules apply to whether someone is an employee or an independent contractor. If you employ independent contractors or are thinking about doing so, please contact VP Stephens to discuss this.
Remote Work Agreements
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As is current practice at UM, every remote work agreement must be reviewed and renewed annually. If you have questions about any existing remote work agreements, please contact your HRS Client Partner.
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Supervisors. If you supervise remote employees, you must review their agreements each year. The new policy and procedure will make this clearer.
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By July 1 every year. Reviewing the remote work agreement at the same time as conducting the annual performance review is recommended.
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Departments may reimburse employees for travel expenses if they are required to be on campus for a work-related reason. People and Culture recommends a department or unit treats all remote employees similarly. We also recommend recording who pays for remote employee travel to campus as part of the remote work agreement.
Coming Soon: Updated Remote Work Agreement Form and Remote Work Suitability Assessment
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This form will be available on UM’s Solutions Center in early 2027. When it’s ready, it will be promoted via the UM People & Culture Update (manager newsletter) and in Under the M (email newsletter and on Teams).
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This tool will be designed to help managers and employees decide whether remote work is suitable based on the business needs of the department, the position, and the employee being considered for a remote work arrangement.
The suitability assessment tool is planned to launch with the TDX electronic remote work agreement. Both are planned to be made available in early 2027. When it’s ready, this tool will be promoted via the UM People & Culture Update (manager newsletter) and in Under the M (email newsletter and on Teams).
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The policy is in draft form and will be submitted for shared governance review shortly. In the meantime, current guidelines for remote work remain in effect.