Requesting International Business Necessity
Per UW–Madison’s policy on Remote Work and the SMPH Remote Work Guide, international remote work arrangements must be reviewed and approved by the SMPH Dean’s Office to determine if there is a justified business necessity. A business necessity is defined as: “A legitimate business purpose that fulfills the mission and objectives of the university and is not solely for the personal benefit of an employee.”
At SMPH a business necessity request must be requested by a department chair or department administrator, or equivalent roles if your appointment is outside of an academic department. The request must be submitted here.
The request includes:
- Employee Full Name
- Employee Job title
- Employee Pay Basis (Paid or Not Paid)
- Country in which the employee will be working
- Estimated start date for international remote work
- Date the employee will return to the US to start working? (N/A if employee will never be expected to come to the US for work)
- Brief description of the type of work you are asking to be approved for this employee
- Describe the business necessity justification. State how this arrangement will benefit the school and the university, as well as meet our mission and values.
- Why can’t this work be conducted by someone located in the United States?
- Will the department be providing university-owned equipment that will be managed by your local IT department?
- Is this employee paid or will be paid on sponsored projects i.e. funds 133, 142, 143 or 144?
- What type(s) of data will this employee be working with (I,e. public, internal, sensitive, restricted)? See definitions.
- Is this individual working remotely because they are unable to return to the U.S. due to immigration and travel restrictions associated with COVID-19? (yes/no)
- If yes, once these restrictions are lifted, is the intent is for the individual to relocate so that work can be performed in Madison? (Yes/No)
The business necessity requests will be reviewed by the Associate Dean for Human Resources, Hope Broadus. The Associate Dean or designee may reach out to departments for clarification and/or additional information.
The business necessity approval process may take up to 10 working days.
Once the request has been reviewed, they will reach out to the DA and copy the HRBP to let them know the result of the review.
If the request is approved the HRBP will need to upload a copy of the approval email to the agreement before it is finalized.
Please note that approval of business necessity does not mean an employee has entered into a remote work agreement. It is only a preliminary step that means, if approved, the employee can submit an international remote work agreement for approval once that process is open.