Regular and Non-Regular University Employees
PURPOSE:
To define regular and nonregular employees and to provide conditions of employment for nonregular employees.
REGULAR/NONREGULAR:
Each University employee is classified as either regular or nonregular. This includes any employee who is classified in one of the following categories;
Executive Academic Administrator
Academic Staff
Administrator Technical-Service
NOTE: An employee paid hourly (i.e., wage payroll) cannot be exempt from the Fair Labor Standards Act (overtime eligibility), even though the individual is performing the same type of work as an exempt position.
REGULAR EMPLOYEE DEFINED:
A regular employee is a person who is appointed to a full-time position under one of the above classifications, and which position will exist for six months or longer (except that a person granted an academic appointment designated as "Visiting" is non-regular).
NONREGULAR EMPLOYEE DEFINED:
A nonregular employee is defined as follows:
- A person granted an academic or exempt staff appointment designated as Fixed Term II or Visiting; or
- A person who fills a position that will exist for less than six months; or
- A person who is working on less than a full-time work schedule, or whose position title includes the words "part-time."
CONDITIONS OF REGULAR EMPLOYMENT:
Each regular University employee is subject to the provisions of:
Policies regulating the employee benefits plans.
- Policy of educational privileges for an employee and eligible dependents.
- Regulations concerning Workers' Compensation insurance.
- Regulations concerning Unemployment Compensation insurance.
- All other University Policies governing each respective employee classification.
CONDITIONS OF NONREGULAR EMPLOYMENT:
Each nonstudent, nonregular employee is subject to the provisions of the following policies or regulations (policies affecting employees represented by a union are found in the appropriate Agreements):
- Policies regulating the employee benefits plans during the second of abutting, full-time, Fixed Term II appointments.
- Regulations concerning Workers' Compensation insurance.
- Regulations concerning Unemployment Compensation insurance.
- Retirement Plan - subject to the regulations governing membership in a University retirement plan.
Tax-deferred Annuity - Employees may elect to participate in a University tax-deferred annuity plan. Such deduction shall be based on a percentage of salary (up to the legal limits) and shall be taken only if sufficient salary remains to cover taxes, fees, or other required deductions.
Overtime - For nonacademic appointments other than Fixed Term II, payment of time and one-half based on the hourly rate for any work performed by an employee in excess of 40 hours actually worked per week.
Educational Privileges - A faculty or exempt staff member appointed on a full-time Fixed-Term II, or full-time, faculty Visiting Appointment for at least one semester or summer session, is eligible for educational privileges for self and eligible dependents during any time covered by that appointment which encompasses both the beginning and end of a semester or summer session.
Family and Medical Leave - The Federal Family and Medical Leave Act of 1993 (FMLA) mandates that a qualifying employee be eligible for a total of 12 work weeks of unpaid leave during any consecutive 12-month period for one or more of the following:
a.) the birth of a child of the employee, in order to care for such child;
b.) the placement of a child with the employee for adoption or foster care;
c.) the care for a seriously ill child, spouse, or parent of the employee; and,
d.) the employee's own serious illness which causes the employee to be unable to perform the functions of his/her position
Absences may be of an ongoing nature or, when medically necessary, may be taken as an intermittent leave or on a reduced leave schedule. Whenever possible, the employee shall make a reasonable effort to schedule any medical treatment visits so as not to unduly disrupt operations.
For purposes of the Family and Medical Leave Act, an eligible employee is a regular or nonregular employee who has worked for the University for at least 12 months, and has worked at least 1,250 hours within the 12-month period immediately prior to the leave.
Employees who meet the eligibility requirements defined above shall be entitled to leave without pay in accordance with the provisions of the FMLA and its implementing regulations as generally set forth above. During a leave, such eligible employees shall first use all accumulated earned time (if applicable) prior to commencement of no-pay status for the balance of the leave. Paid time off shall be included in calculating the leave-time limit.
A workweek for part-time employees shall be equivalent to the average number of hours worked each week. If an employee's schedule varies from week to week, a weekly average of hours worked over the 12 weeks prior to the beginning of the leave period is to be used for calculating the employee's normal workweek.
Healthcare Plan - Employees who have two or more years of continuous University service, working at least 750 hours each year, are eligible to participate in a University healthcare plan (Healthpass, Plan A, or a health maintenance organization). Provided there is no break in service, a regular employee who terminates her/his regular position to accept an offer of nonregular employment consisting of at least 750 hours of work each year, is eligible to participate.
Additional information including details regarding deductions and payments is available from the Employee Benefits Division.
Also, see NOTE below.
Earned Time
A. Eligibility and Accrual
When a nonacademic employee has completed two years of continuous University service, working at least 750 hours each year, such employee shall accumulate earned time. Earned time shall be accrued on the basis of 8 hours for each 168 hours paid. Such earned time may be accumulated up to a maximum of 96 hours.
B. Use of Accumulated Earned Time
Accumulated earned time can be used by an employee to account for work time missed due to illness, vacation, etc. The work requirements of the University shall take priority over the scheduling of time off for an employee. Nevertheless, the University shall give consideration to any specific request for time off by an employee. Except in the case of illness or an emergency, time off is to be charged to the earned time accumulation only when such absence has been scheduled and approved by the supervisor in advance.
C. Transfer and Payoff Of Accumulated Earned Time
Provided there is no break in service, a regular employee who terminates her/his regular position to accept an offer of nonregular employment consisting of at least 750 hours of work each year, shall have the option to transfer any or all (up to a maximum of 96 hours) of her/his vacation accumulation to earned time.
A nonregular employee who terminates her/his nonregular position to accept a nonbargaining unit regular position shall transfer all of the earned time balance to vacation accumulation, provided there is no break in service. A nonregular employee who terminates his/her nonregular position to accept a position included in a bargaining unit shall receive the cash value of unused earned time.
When a nonregular employee terminates employment, such employee shall receive the cash value of unused earned time, computed up to and including the last day worked, provided the employee has given at least two weeks advance notice.
Also, see NOTE below.
Holiday Time - When a nonacademic employee has completed two years of continuous University service, working at least 750 hours each year, such employee shall receive her/his regular pay for the University holidays that occur on a day that the employee is normally scheduled to work. See HR34 for the official closedown and holiday periods.
Such employee required to work on a University holiday, shall be paid at the rate of time and one-half the hourly rate for all hours worked on the holiday.
An employee is granted only those University holidays that occur on a day that the employee is normally scheduled to work.
Also, see NOTE below.
NOTE: An employee who has qualified for items 9, 10, and 11 above who works less than 375 hours OR less than eight pay periods at half-time (40 hours/pay period) during any consecutive six month period, will no longer be eligible to participate in the above referenced programs unless the decrease in hours is directly related to an absence covered by the Family and Medical Leave outlined in No. 8 above. Such employee may requalify for eligibility during the subsequent two year period if in any consecutive six month period she or he works at least 375 hours AND at least eight pay periods at half-time (40 hours/pay period) or more. If reinstated, an employee will again be disqualified if the conditions described above recur.