The College of Letters & Science follows UW-Madison policy for Student Help/Hourly eligibility (UW-5003 Policy). Departments are responsible for verifying and documenting a student’s eligibility.

Eligibility Criteria:

1. The student’s primary reason for being on campus must be academics, not employment.

• It is not permissible to hire a student taking credits only to be eligible for employment.
• Departments must assess if the individual is taking courses for credit, working toward a degree, and maintaining a reasonable course load.

• A college/university granting associate degrees or higher.
• A technical college.
• A vocational/trade school.
• A high school.

Semester & Summer Eligibility

• Semester Eligibility:
• Employment cannot begin before the first payroll calendar day of the student’s first semester of enrollment.
• If a student graduates or does not enroll for the next semester, employment ends on the last pay period of the completed semester.
• If a student withdraws from school, they lose employment eligibility as of the withdrawal date.

• Summer Eligibility:
  • Accepted for fall enrollment.
  • Continuing into the fall semester after completing the spring semester.
  • Enrolled in summer courses.
• Students who are:
• These students are eligible for summer employment.

Student Help/Hourly employee jobs paid at an hourly rate are placed in one of three position classifications: Basic, Intermediate, and Advanced. This is to assist in determining the appropriate rate of pay. The following are descriptions of the general types of work to be included in each level. The examples are not all-inclusive but rather are general indications of the types of jobs included in the levels. These general descriptions provide a framework for classifying jobs.

Basic Level

Intermediate Level

Advanced Level

Divisions have the flexibility to set the starting hourly rate within the designated range for each position classification (Basic, Intermediate, or Advanced). Any salary exceeding the maximum for the Advanced level requires prior approval from the Dean or Director's office responsible for the budget. Current wage ranges are available in the Title Guideline.

Appointment Type: Lump Sum vs. Hourly

There are two compensation types for Student Help/Hourly appointments: **hourly pay**, which is the most common, and **lump sum**, which is available if needed.

Lump Sum

Student employees paid on a lump sum basis are classified as non-hourly employees under the Affordable Care Act (ACA). The UW System tracks hours for these employees using one of two methods:

1. Actual hours worked
2. Days-worked equivalency (each workday is credited as 8 hours).

If expected hours worked are not specified, the days-worked equivalency method will be applied, which may result in fines for failing to offer health insurance. Hiring units must document hours worked; otherwise, each day paid as a lump sum will be credited with 8 hours in the HR/payroll system for ACA purposes.

Divisions must track and report hours worked by lump sum student employees using a timesheet or an approved method in HRS. Hours credited through the Federal Work-Study program do not count toward ACA service hours.

Hourly

Most Student Help/Hourly employees are paid on an hourly basis, with their hours tracked in HRS. Any exceptions must be approved by the L&S Student+ Team HR Manager/BP. Approval can be requested by emailing the studentplus@ls.wisc.edu.

Key Guidelines:

• Student Help/Hourly employees are subject to FLSA overtime provisions.
• They must average less than 30 hours per week (e.g., they can work 40 hours one week and 20 the next as long as the average remains below 30).
• Overtime hours count toward total hours for ACA calculations.

Because UW System is considered a single employer, hours from multiple appointments (even across different institutions) must be combined and remain below the 30-hour weekly average.

Note: Student Help/Hourly employees may work more than 40 hours per week and receive overtime pay, but all hours (including overtime) contribute to ACA calculations and must be monitored by divisions.

The Affordable Care Act (ACA) was enacted in 2010 with phased-in requirements. Two key provisions that took effect in 2015 include:

1. Employer Shared Responsibility Mandate (Employer Mandate)
2. Sections 6055 and 6056 Reporting

Employer Mandate Requirements

The ACA requires large employers (those with 50 or more full-time and full-time equivalent employees) to:

• Offer affordable minimum essential health coverage to at least 95% of full-time employees (working 30 or more hours per week) to avoid penalties.
• Report coverage offerings and results to the IRS.

Under Section 6055, employers providing Minimum Essential Coverage must report details to the IRS, including information about the coverage and the individuals it is provided to.

ACA Guidelines for Student Help/Hourly

To comply with the Affordable Care Act (ACA), employers must provide minimum essential health coverage to all full-time employees.

For ACA purposes, an employee is considered full-time if they:

• Work an average of 30 hours per week or 130 hours per month, totaling 1,560 hours per year.
• Exceed 30 hours per week in any rolling 90-day period, requiring the employer to offer health insurance coverage.

This rule significantly impacts Student Help/Hourly (SH) employees, who are not eligible for health insurance under state statute.

The UW System is treated as one employer under the ACA. This means that if an employee works across multiple UW-Madison divisions or other UW institutions, all hours are combined to determine ACA eligibility.

To avoid ACA penalties, supervisors must ensure Student Help/Hourly employees working in multiple departments or institutions stay below the 30-hour weekly average across all positions.

Work Hour Restrictions for SH 

Appointments of 90 Days or More

• Employees working 90 or more consecutive days must average below 30 hours per week over any rolling 90-day period.
• Hours may fluctuate (e.g., 40 hours one week, 20 the next) as long as the average remains below 30 hours per week.

Appointments Under 90 Days

• Employees working less than 90 days may work up to 40 hours per week without ACA violations.
• Overtime counts toward total hours.

Guidelines for Hiring SH

To avoid ACA penalties, supervisors should:

1. Assess Employment Duration

• If an SH employee will work less than 90 days, ensure their end date is set accordingly.
• If employment will exceed 89 days, cap hours at an average of 29.75 per week.

2. Adjust Workload as Needed

If a position requires 30+ hours per week for 90 or more days, consider:

• Hiring two SH employees to split the workload.
• If the role is expected to last a year or more, hiring in an ongoing position (e.g., University Staff Fixed-Term Finite) with benefits.
• Requesting a seasonal exemption (see details below).

 
Seasonal Employees

A seasonal employee is someone hired into a position where the customary annual employment lasts six months or less.

To qualify as seasonal, the position must:

• Be inherently limited to six months or less each year.
• Begin during approximately the same time each year (e.g., summer or winter).
• Involve work that, due to the nature of the job (not business needs), cannot be performed at any other time of the year.

Because seasonal employees are not eligible for ACA benefits, an exemption may be requested.

Requesting a Seasonal Exemption

To request an exemption, submit the following details to the L&S Divisional HR Associate Director:

• Position duties
• Approximate dates of seasonal employment

• Explanation of why the work qualifies as seasonal

 
Student Help/Hourly Employment Policy (UW System Administrative Policy 1237)

Effective January 1, 2016, UW System Administrative Policy 1237 limits SH hours to:

• 25 hours per week while classes are in session.
• Up to 40 hours per week during academic breaks, if permitted by the institution.

Exceptions & Special Considerations

• Federal Work-Study hours do not count toward ACA full-time status.
• Resident Assistants/Advisors/Counselors are temporarily exempt from lump sum and hourly caps but must track and report actual hours worked.
• Graduate assistants are exempt from the 25-hour cap, but SH hours outside of work-study positions are still subject to the cap.

 
Monitoring SH Hours

To assist with tracking hours, campus provides the “ACA Student Hours Over 25” query, available in OBIEE under Workforce Dashboards. Supervisors should use this tool to monitor hours and maintain ACA compliance.

Reference: https://kb.wisc.edu/ls/page.php?id=68221

See Also: ACA Impact on L&S Student Hourly and TE Employees