Out of State Employment

May 02, 2018

Scope: Who is Covered by this Policy?

Employees

Policy

Miami University recognizes that on occasion, a special need to hire or assign an employee who will need to reside and perform their University work outside of the state of Ohio (whether in another state or another country) due to the nature of a particular position or business needs of the University. Employees who reside and work outside of Ohio subject the University to numerous other laws and impose additional insurance and payroll requirements and costs (e.g., workers compensation liability insurance, unemployment requirements, payroll tax withholding/reporting, administrative costs, and additional reporting requirements of other states). The purpose of this policy is to require departments seeking to hire or assign an individual who will work out-of-state to obtain the advance review and approval of the appropriate vice president before the search begins.

This policy also does not apply to faculty appointed to teach on Miami’s Luxembourg campus. This policy does not apply to searches where employees will work outside the state of Ohio on an occasional basis (e.g. approved workshops).

Guidelines

Any request to begin a search to employ or appoint a person who will reside and perform their University work outside the State of Ohio, whether in another state or another country, must be expressly reviewed and approved in advance of initiating the search process by the pertinent supervising senior administrators (e.g., Chair, Dean, Provost or Vice-President).  Absent exceptional circumstances, approval for a search to employ an individual to work outside the state of Ohio will be limited to situations where the University already has an established presence or program in that location or to situations where the University makes an informed decision to establish a business presence or program (as set forth below).

Requests for out-of-state employment will not be approved based on the personal preference of an individual or department.

Procedure

A request to begin a search to hire an employee who will reside and perform their University work out-of-state must be submitted in advance to the appropriate personnel office with approval from the pertinent supervising senior administrators (e.g., Chair, Dean and Provost or Vice President) to the appropriate personnel office at least 60 days before the search begins.

A request to approve an assignment of an existing employee to reside and perform their University work out-of-state must be submitted in advance with approval from the pertinent supervising senior administrators (e.g., Chair, Dean, Provost or Vice-President) to the appropriate personnel office at least 60 days in advance of the proposed assignment..

At least 60 days in advance of the proposed start of the search for or assignment of an employee who is expected to work out of state, the department is responsible for submitting to the appropriate personnel office a completed Request for Out-of-State Employment Form with all required approval signatures.

The appropriate personnel office will conduct an assessment to determine whether the position can be placed in a state where the University already is registered to do business. If so the request will be approved. If not, the appropriate personnel office, in conjunction with the Office of General Counsel, will undertake an assessment as to the appropriateness of establishing a University office or presence in a new state, and approve, only if deemed in the best interests of the University.  The President must approve the creation of any new University office or work location in another country.

Once all of the required approvals are obtained, the appropriate personnel office will provide the Payroll Office with a copy of the approved Out-of-State approval form.  If the position will be located in a state in which the University is not currently doing business, a legal opinion will be obtained from the Office of General Counsel as to whether registration is required under that state’s law. If registration is required in the new state, the Payroll Office will be authorized to complete and file necessary registration documents. Employment cannot begin until registration is approved and in effect. (NOTE: The process of registering to do business in another state can take six to ten weeks.)

The Department is responsible for notifying the appropriate personnel office if the employee moves to another state, expands their work territory to another or additional state or is reassigned to work in Ohio.

Related Form(s)

Request for Out-of-State Employment Form

Additional Resources and Procedures

Not Applicable.

FAQ

Not Applicable.

Policy Administration

Next Review Date

7/1/2023

Responsible Officers

  • Associate Vice President for Human Resources
  • Assistant Provost for Academic Personnel

Legal Authority

Various state laws.

Compliance Policy

Yes

Recent Revision History

 

Reference ID(s)

  • MUPIM 3.27
  • OAC 3339-3-27

Reviewing Bodies

  • Associate Vice President for Human Resources
  • Assistant Provost for Academic Personnel
  • Provost and Executive Vice President for Academic Affairs
  • Senior Vice President for Finance and Business Services