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UNC CHARLOTTE PERSONNEL INFORMATION MEMORANDUM PIM 8 EMPLOYMENT - Temporary Staff Employees DATED: February 1, 2008 Category: Employment and Staffing
Contact: Director of Employment and Staffing – ext. 4272 1. General a. This information provides guidance to be used when seeking the employment of temporary staff employees to be paid from Non-Student Temporary Employee wage funds (Account #: 915900) or from vacant permanent SPA staff positions (Account #: 912100) or from vacant permanent EPA staff positions (Account #: 911100). This guidance does not apply to the appointment/employment of temporary (part-time) teaching faculty (Account #: 913100). b. Individuals who are employed as permanent or probationary employees (full-time or part-time) may not be employed concurrently as temporary staff employees except when such employment is occasional or sporadic and in a different capacity (different general occupational category) from their regular employment. Additional employment in the same capacity (within the same general occupational category) may be considered overtime and is subject to the hours of work and overtime compensation provisions of the State Personnel Manual and/or the Fair Labor Standards Act. c. Temporary staff employees are hired on an "as needed" basis subject to: 1. the availability of funds sufficient to cover the costs associated with the employment, or 2. the availability of a vacant permanent staff position, and 3. duration of employment limitations. 2. Duration of Employment The duration of employment for temporary staff employees is limited by the State Personnel Commission as a means of controlling discrimination with regard to entitlements to leave, medical, and retirement benefits. Temporary staff employees have no benefit entitlements. a. Temporary employees who are hired to work a regular schedule of 19 hours or less per week may be employed for periods of up to 12 months. Such employment may be renewed indefinitely for additional periods of up to 12 months. b. Temporary employees who are hired to work an irregular or intermittent schedule may be employed for periods of up to 12 months. The hours worked may not exceed 988 hours during any 12 month period. Such employment may be renewed indefinitely for additional periods of up to 12 months. c. Temporary employees who are hired to work a regular schedule of 20 or more hours per week may be employed for periods up to six months. When sufficiently justified, an extension of the employment period for up to five additional months (total employment period of 11 months) may be requested, with a twelfth month subject to prior approval by Human Resources, but in no case shall the period of temporary employment at 20 or more hours per week exceed a total of 12 months. d. Temporary employees initially hired to work a regular schedule of 20 or more hours per week may have their employment converted to an irregular or intermittent schedule at any time as long as the hours worked do not exceed 988 hours during any 12 month period. The employee is eligible for renewed temporary employment. e. Appointment to vacant permanent SPA positions for specified periods of less than six months are considered temporary appointments. Appointments for specified periods of six months and longer (up to a maximum period of two years) are permanent time-limited appointments. (See PIM-43, Recruitment and Selection of Employees subject to the State Personnel Act). f. Appointments to vacant permanent EPA staff positions for specified periods of less than six months are considered temporary appointments. Appointments for specific periods of six months or longer are permanent appointments. g. Temporary employees who are hired to work temporarily in a vacant permanent position may be appointed for no less than two weeks. 3. Payment Hourly temporary employees will be paid once each month on the last workday prior to the 16th for hours worked during the preceding month. Salaried temporary employees will be paid semi-monthly on the last business day prior to the 16th and on the last business day of each month. 4. Required Processing All temporary staff employees are required to complete the proper documentation through the Human Resources Department (222 King Building). a. Establish employment eligibility and identity in compliance with the Immigration Reform and Control Act of 1986, (completing the USCIS Form I-9). This action must be completed prior to, or concurrent with, the beginning of employment. Failure to complete the form within the first three days of employment will result in termination. b. Employees are strongly encouraged to present an original social security card during initial employment processing. This action will assure accurate payroll tax reporting. c. Complete federal and state tax withholding forms (W-4/NC-4). d. Complete a Criminal Background Check consent agreement. e. Complete verification of US employment authorization via DHS E-Verify system. f. Obtain a copy of the "Conditions of Employment Applicable to All Temporary Staff Members". g. Temporary staff employees will be given an I-9 verification card indicating they have completed all processing requirements. 5. Equal Employment Opportunity a. The Equal Employment Opportunity requirements applicable to the employment of permanent and probationary employees apply equally to the employment of temporary employees except that no formal advertisement or applicant pool are required in order to make a selection. b. The employment decision may not be based on impermissible factors such as gender, age, race, national origin, or religion. c. Relatives or other close personal relationships may not be employed within the same department or office if such employment will result in one family member being in a position to influence employment decisions directly or indirectly affecting another family member. 6. Benefits Temporary staff employees receive no fringe benefits. They are, however, covered by Worker's Compensation provision. 7. Records a. A personnel records folder is established and maintained in the Human Resources Department for all temporary staff employees paid from Non-Student Temporary Employee wage funds and vacant permanent SPA and EPA positions. b. Other files may be established and maintained for temporary staff employees at the discretion of the appropriate vice chancellor, associate vice chancellor, dean, director, or department/office head. 8. Qualifications Temporary employees must meet the minimum eligibility requirements established for the type of work they will be performing. Minimum age for temporary employees is 18. 9. Salary a. Unless an exemption is required and approved, all temporary staff employees are subject to the wage and hour (overtime) provisions of the Fair Labor Standards Act and thus are paid on an hourly basis as determined from the regular submission of time records to indicate hours worked. The hourly rate of pay is determined by a Personnel Analyst in the Human Resources Department from an analysis of the duties and responsibilities as described on the Temporary Staff Employment Authorization Request. Work in excess of 40 hours per week must be compensated at the overtime rate of time and one-half. b. The minimum hourly rate for temporary staff positions is normally 1/2080th of the annual hiring rate for Grade 50 on State of North Carolina Salary Schedule However. When the duties include no more than one primary task, a rate between the Federal minimum wage rate and the State minimum may be proposed based on the type of job and necessary knowledge, skills, and abilities. For additional information concerning appropriate wage rates, please contact the Human Resources Department at ext. 2276. c. For temporary employees performing professional-level duties, the department or office head may request FLSA exempt status by including a completed PD Form 541 (Federal Wage and Hour Exemption Determination Form) with the PD Form 17 that is submitted to the Human Resources Department. The information provided by the department or office will be reviewed by the Director of Classification & Compensation and compared against applicable FLSA guidelines. The resulting determination will be communicated to the department or office head. d. If FLSA exempt status is determined, then a salary for the period of anticipated employment is determined and automatically distributed to the employee on a semi-monthly basis without submission of time records. Failure to notify the Payroll Office of early termination may result in a paycheck issued for work not performed. 10. Procedures The following procedures apply in the hiring of temporary staff employees. a. Prepare a PD Form 17 (Temporary Staff Employment Authorization Request) in accordance with the instructions included with the form and submit the form with appropriate enclosures to the Human Resources Department. b. Upon notification of approval from the Temporary Employment Coordinator, advise the selected applicant to report to the Human Resources Department for employment processing. c. CAUTION: Do not allow the selected applicant to begin work until required processing through the Human Resources Department has been completed. The supervisor may be personally liable (which may include compensating the employee from personal funds) if a temporary employee performs services before all required processing is complete. The Human Resources Department provides all applicants, upon completion of required in processing, a checklist card that shows they are cleared to begin work. Supervisors should check the applicant's card to assure required processing has been completed. 11. Terminations a. When completing the Temporary Staff Employment Authorization Request, the department or office head identifies both an employment date and a termination date. The termination date is effectively used as the termination of payroll activity for the temporary employee. b. Any extension of temporary staff employment requires submission and approval of another PD Form 17. If a temporary employee is allowed by his or her supervisor to work beyond the specified termination date, this would constitute unauthorized employment. In this situation, the supervising official who signs the individual time record may incur financial obligation or disciplinary consequences for such an action. c. Temporary staff employees are considered to be "at will" employees and may have their employment terminated at any time by the appropriate department or office head. If a decision is made to terminate prior to the date specified on the PD Form 17, such decisions are to be communicated to the employee in writing with copies of the correspondence to the Human Resources Department and the Payroll Office. Prompt communication of this action is essential to the payroll process, particularly when the temporary employee has FLSA exempt status.
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