Working Outside of Ohio

Ohio State continues to evaluate and support opportunities where employees can accomplish their work through remote, hybrid or in-person work arrangements, including when an employee lives and works outside of the state of Ohio.

Employees may not work permanently from international locations, but travel for teaching and research remains appropriate in many situations. All requests to work domestically but outside of the state of Ohio will be reviewed on a case-by-case basis using the process below.

Colleges and units considering having an employee work from another state for more than 30 consecutive days within 12 months are responsible for following the below process.

In these instances, Ohio State must comply with employment laws, as well as regulatory and tax requirements of the relevant state in which the employee performs work. These requirements vary from state to state and must be reviewed on a case-by-case basis.

To appropriately manage the various state regulations and out-of-state employment issues, the Office of Human Resources has established the below guidance for university employees. If state and local laws and regulations are not followed, it can have unintended consequences and liability that can negatively impact the institution and/or the individual. When an employee’s permanent place of work is in a state other than Ohio, that state’s employment laws and taxes must be considered, including minimum wage, overtime regulations, Fair Labor Standards Act (FLSA) exemptions, time off accruals, meal and rest periods and leave provisions.

All employees who receive approval to work outside of Ohio must complete a Flexible Work Agreement prior to working from the new location.

While Ohio State does not employ individuals working in another country on a permanent basis, there are some circumstances that do not require completion of a Flexible Work Agreement in accordance with the flexible work policy and requirements.

• Faculty professional leave
• Faculty or staff on leaves of absence
• Campus student workers who maintain a permanent residence outside of Ohio but are conducting their work in Ohio
• Students who are not considered employees (i.e. fellows)
• Contingent workers/Independent contractors including visiting professorship/fellowships
• Ohio State employees who live in another state and commute to Ohio State
• Business travel
• Attending conferences

As Ohio State continues to respond to the operational needs of telework, as well as evolving employment laws and policies, the process for managing employees working from remote locations will continue to be evaluated. This website will be updated as more guidance is available.

U.S. States Outside of Ohio

Requests to work outside the state of Ohio will only be considered when there is a legitimate and critical operational need to retain or employ an individual, and the work itself can be performed from a remote location. There may be instances when the university determines that an employee may not perform work outside of Ohio.

Individuals and/or colleges/units with a request for an employee to work out-of-state for more than 30 days will need to establish justification and documentation of a critical need, and follow the process outlined below. This includes current employees working in a state other than Ohio who do not have an approved Flexible Work Agreement and prospective employees. Evaluation and approval must be obtained prior to making a final decision on whether an employee can work in a state outside of Ohio.

Current employees who request to work in a state other than Ohio for 30 days or less in a calendar year need approval from their unit or college but do not need the additional vetting outlined below. Current employees working in a U.S. state outside Ohio who have an approved Flexible Work Agreement do not need to take any additional action.

International Employment

Ohio State will not offer employment to international candidates who wish to remain abroad.

An employee should not begin work until the employee is physically present in the United States.

Additionally, the university will not allow current employees to work from international locations on a permanent basis. Furthermore, the university will not allow a contractor relationship with an individual or employer of record in another country for services normally performed by an employee.

In limited circumstances where there is critical work or operational need, the university may allow current employees to work from certain international locations for a short time period (maximum six months). Colleges and/or units will need to establish justification and documentation for continuing an employee overseas for such a short period of time. The approved duration may vary based on the facts of each request.

For example, a country may require tax payments if an employee works there for a certain number of days. In another example, if an employee previously reached the limit of days allowed to work in a country, no additional work for the university would be permissible for that location in that year and possibly future years. Tax and regulatory requirements differ by location and may be impacted by the specific circumstances of the work

The United States has imposed sanctions on several countries or regions, adding complexity for U.S. employees and employers. Ohio State employees may not work from these countries and regions:

• Cuba
• Iran
• North Korea
• Syria
• Russian-held regions of Ukraine

Certain types of research and technology may be export-controlled under federal U.S. export control regulations and may be restricted for export to certain countries or end-users.

Because U.S. export control regulations and sanctions are complex with severe financial penalties if violated, the Office of Secure Research is available to consult on any questions prior to engaging in activities with a sanctioned country or to seek authorization before work is temporarily permitted from international locations. Please email your questions to exportcontrol@osu.edu.

Current employees working outside of the U.S. should contact the college or unit HR Business Partner for further guidance.

If a college or unit has a critical or operational need to have a current employee overseas for a period of six months or less, a review must be completed to further evaluate, identify necessary requirements, and follow the process outlined below.