Out-of-State Employment
Emory University employees who work outside the state of Georgia are subject to all employment-related laws of the state in which they work. The University Payroll department must be informed in advance of potential work arrangements outside of Georgia. Further policy information is available in policy 2.91. If an employee moves back to Georgia, the department must notify Payroll prior to the relocation date by sending an email to eustatetax@emory.edu.
Eligibility
Emory University must PRE-APPROVE an employee’s Primary Work Location outside the State of Georgia, or whose physical presence in another state requires registration and adherence to employment laws in that state.
Our hiring efforts should first focus on local talent. At the same time, our university strategy focuses on hiring the best, diverse talent, and that may include employees beyond the Atlanta region and outside Georgia. There is more to consider and more involved in hiring someone who lives outside Georgia, but when the needs of the position and skillset of the person warrant hiring outside the state, it can be done. However, you must make sure the role is eligible for an out-of-state hire.
The determination as to whether your open position will be deemed eligible or ineligible for out-of-state hires is based on several factors, including:
- the primary work location
- nature of the role
- administrative requirements
- institutional risk.
Certain positions (e.g., bi-weekly or student positions) are not eligible.
Due to state-specific tax laws, we must avoid hiring candidates and having employees relocate to these states: New Jersey, Alaska, and Hawaii, as well as U.S. territories - American Samoa, Guam, Puerto Rico, Northern Mariana Islands, US Minor Outlying Islands, and US Virgin Islands. In addition, due to higher costs for local taxes and additional filings, we recommend that departments do not hire individuals or have employees relocate to Ohio or Pennsylvania.
If the position is eligible and you want to hire an out-of-state candidate, you will need to complete an online form outlining the business reasons for the out-of-state hire, which will then be reviewed for approval by leadership.
This review must be completed before an offer is extended to the candidate.
- Obtain important information: Key Business Purpose/Justification for the Assignment, SpeedType for recharge, VISA type (if applicable )
- Complete the online form prior to hiring or making an offer to a potential employee or prior to an existing employee moving out-of-state
- Select approvers: For the College the CBO selected must be Jose Rodriguez.
- Submit the online form: Once submitted, forms will route to the appropriate approvers including the: VP for Finance & Treasury, Senior Vice Provost, Strategic Financial Resource Planning, VP for Human Resources
Job Aid: How do I submit the out-of-state employee form?
The submitter will receive an email notification of approval or rejection and will need to notify the department approvers & employee.
Forms will be routed for departmental and CBO approval first. These approvers may establish their own approval timelines. Once the form routes to the executive leaders, expect 3 business days to process. Employees with Visas may add additional processing time.