Temporary Staff Employees
· Employment and Staffing
· Staff Employment
PIM Number: 08
Temporary Staff Employees
Dated: October 1, 2011
Category: Employment and Staffing
Contact: Director of Staff Employment - ext. 0670
or Employment Coordinator – ext. 0667 or ext. 0668
or Director of Compensation and Position Management - ext. 0654
University Policy #101.15 – Additional Compensation for Professional Services to the University
Office of Federal Contract Compliance Programs (OFCCP)
This information provides guidance to be used when seeking the employment of temporary staff to be paid from Non-Student Temporary Employee wage funds (Account #915900), from vacant permanent SPA staff positions (Account #912100) or from vacant permanent EPA staff positions (Account #911100). This guidance does not apply to the recruitment/appointment of temporary (part-time) teaching faculty (Account #913100) or student temporary staff.
Temporary staff employees may be hired on an ‘as needed’ basis subject to following conditions:
- Availability of funds sufficient to cover the costs associated with the employment; or
- Availability of a vacant permanent staff position; and
- Within limitations as to employment duration.
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 compliant with all requirements as outlined in University Policy #101.15 – Additional Compensation for Professional Services to the University.
Note: Supplemental employment assignments must be coordinated with the individual’s direct supervisor to avoid interference with the primary work schedule. Any modifications to the primary work schedule (to accommodate the supplemental assignment) must be documented via submission of an alternate work schedule.
Equal Employment Opportunity
- All Equal Employment Opportunity requirements applicable to the employment of permanent and probationary employees apply equally to the employment of temporary employees.
- All employment decisions must be rendered with respect to job-related criteria only, and without respect to impermissible factors such as gender, race, age, national origin, religion, disability, or genetic information.
- Relatives, or other close personal relationships, may not be employed within the same department/office if such employment will result in one family member being in a position to influence employment decisions with direct, or indirect, affect upon another family member/close personal relationship.
In accordance with ‘open access’ posting requirements governing employers in receipt of Federal contracts in excess of $25,000, the University shall advertise all of its employment openings with the exception of the following three (3) circumstances:
- Executive and top-level management positions;
- Positions which are to filled from within the organization (internal or reappointment); and
- Employment assignments lasting three (3) days or less.
To initiate recruitment activities for any ‘new’ temporary staff employee, please visit the Human Resources Management System (HRMS). Once logged into the system, hiring managers will create a vacancy notice from ‘Other Position’ and will choose the appropriate position designation/type. All advertising information must be routed to Human Resources for review/edit, approval, and official posting. All approved temporary staff vacancies must be advertised for a minimum of five (5) calendar days and are accessible to the public.
For recurring and/or frequently-requested temporary staffing needs, Human Resources may establish/maintain on-going recruitment pools (e.g.: administrative support/clerical, research assistants, etc.) for which applicants may express interest via submission of an electronic application. Any such vacancy notice will remain ‘active’ for three (3) month intervals to ensure the viability of the applicant pool(s).
To request establishment of on-going recruitment pool(s) for other occupational categories, please consult with the Director of Staff Employment (7-0670) or Employment Coordinator (7-0668).
Note: Hiring managers may direct interested candidates to any such vacancy notice within the advertised recruitment period.
Interview and Selection
When the recruitment period has closed, hiring managers may initiate the interview and selection processes. To receive consideration, all candidates for temporary staff employment must:
- Complete/submit an electronic application prior to the posted closing date of the specific vacancy notice;
- Meet all established minimum eligibility requirements for the position (or work to be performed); and
- Be at least 18 years of age (unless otherwise authorized under certain summer programs).
From the established applicant pool, hiring managers may invite candidates for interview. Although there is no requirement for multiple interviews to be conducted, hiring managers are strongly encouraged to conduct no less than two (2) interviews for reasonable comparative purposes.
Note: No selection shall be made from candidates external to the established applicant pool(s) or prior to the end of the advertised recruitment period(s) (excluding on-going pools).
The following procedures apply in the hiring of temporary staff employees:
- Complete form PD17 (Temporary Staff Employment Authorization Request) in accordance with all written instructions and submit (with all appropriate enclosures -Criminal Background Check Consent Agreement) to the Human Resources Department for review. For more information regarding completion of this form, please refer to the ‘Salary Determination’ and ‘Duration of Employment’ sections listed herein.
- Upon receipt of approval from the Director of Staff Employment or Employment Coordinator, advise the selected candidate to report to the Human Resources Department (King 222) for all required employment processing.
Important Note: The selected candidate must not be permitted to begin employment until the hiring manager has received approval from Human Resources.
All temporary staff employees are required to complete all required on-boarding activities prior to, or no later than, the first day of employment. These activities include:
- Completion of USCIS form I-9 (to establish identity and employment eligibility in compliance with the Immigration Reform and Control Act of 1986). Failure to complete this federal mandate within the first three days of employment may result in termination.
- Confirmation of US work authorization via the DHS E-Verify system.
- Completion of Federal and State tax withholding forms (W-4/NC-4).
- Completion of a Criminal Background Check Consent Agreement (if not previously submitted as part of the selection process).
- Completion of form ESRR (Certification of Employee Status under Retirement Reemployment Laws).
- Completion of a personnel profile to include personal and emergency contact information.
Newly-hired temporary staff employees will be provided with an I-9 verification card indicating successful completion of all on-boarding requirements.
Note: All newly-hired temporary employees are strongly encouraged to present an original social security card during initial employment processing to ensure accurate payroll tax reporting.
- Unless an exemption is requested and approved, all temporary staff employees are subject to the wage and hour (overtime) provisions of the Fair Labor Standards Act and are paid on an hourly basis as determined from the regular submission of time records to indicate hours worked. An appropriate hourly rate of pay is determined by a Human Resources Specialist in the Human Resources Department from an analysis of the duties/ responsibilities as described on the Temporary Staff Employment Authorization Request and as consistent with existing career band(s)/role(s) and internal equity considerations. Work in excess of 40 hours per week must be compensated at an overtime rate of time and one-half.
- The minimum hourly rate for temporary staff positions is normally 1/2080th of the minimum annual salary rate as set forth in the State of North Carolina Salary Schedule (currently $10.61 per hour). However, when the duties include no more than one primary task, a rate between the Federal minimum wage rate ($7.25) and the State minimum ($10.61) may be proposed based on the type of job and necessary knowledge, skills, and abilities. For additional information concerning appropriate wage recommendations, please contact the Human Resources Department at ext. 0668.
- For temporary employees performing managerial and/or professional-level duties, the department/office head may request FLSA exemption 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/office will be reviewed by a Human Resources representative and compared against all applicable FLSA guidelines. The resulting determination will be communicated to the department/office head.
- If FLSA exemption 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.
Duration of Employment
For temporary staff employees, the duration of employment assignment is governed by the State Personnel Commission as a means of controlling discrimination with regard to leave, medical, and/or retirement benefit entitlements. Temporary staff employees have no benefit entitlements.
- 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 annually for additional periods of up to 12 months.
- 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 annually for additional periods of up to 12 months.
- Temporary employees who are hired to work a regular schedule of 20 or more hours per week may be employed for periods up to eleven months. When sufficiently justified, an extension of the employment period for an additional month (total employment period of 12 months) may be requested and is subject to prior approval by Human Resources. However, in no case shall the period of temporary employment at 20 or more hours per week exceed a total of 12 months.
- 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.
- Appointment to vacant permanent SPA positions for specified periods of less than six months are considered temporary appointments. Appointments for specified periods of greater than six months (up to a maximum period of three years) are considered time-limited appointments and are benefits eligible. (See PIM-43, Recruitment and Selection of Employees Subject to the State Personnel Act).
- 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.
- Temporary employees who are hired to work temporarily in a vacant permanent position may be appointed for no less than two weeks.
Hourly temporary employees will be paid once each month on the 15th (or last business day prior to the 15th) for all hours worked in the preceding month. Salaried temporary employees will be paid semi-monthly on the 15th (or last business day prior to the 15th) and on the last business day of each month.
Temporary staff employees are ineligible to receive benefits (leave, health coverage, State service credit, etc.). They are, however, covered by Worker's Compensation provisions.
- 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/or vacant permanent positions.
- 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.
- When completing the Temporary Staff Employment Authorization Request, the department/office head identifies assignment beginning and ending dates. The assignment end date indicates the last day an employee is authorized to receive payment for work.
- Any extension of temporary staff employment assignment requires submission and approval of another PD Form 17. If a temporary employee is permitted to work beyond the specified assignment end date, this constitutes unauthorized employment. In these circumstances, the responsible hiring official may incur disciplinary consequences for such action.
- Temporary staff employees are designated as ‘at will’ and, as such, may have their employment assignment terminated at any time at the discretion of the appropriate department/office head. If a decision is made to terminate the employment assignment prior to the date specified on the approved PD 17, any such decision must be coordinated closely with both the Human Resources and Payroll departments (via amended PD-17) to ensure the following: accurate payroll processing; to avoid overpayment for work not performed (particularly, temporary employees designated as FLSA exempt); and to prevent unauthorized access to University systems.
Note: Any termination decision, based upon employee conduct and/or performance issues, must be coordinated with an Employee Relations representative prior to any formal communications with the subject employee to ensure the appropriateness of the proposed action.