Temporary Employee

Temporary Employee Policy

Functional Owner

Assistant Vice Chancellor for Human Resources

Executive Sponsor

Vice Chancellor for Finance and Administration

Policy Contact

Employment Relations Program Coordinator

Policy Summary

This policy outlines employment provisions for all Temporary Employees at the University of Wisconsin–Madison (UW–Madison). Temporary Employees (TEs) are employed “at-will,” have no expectation of continued employment, and do not count toward UW–Madison’s full-time equivalent (FTE) count. TEs do not have grievance or layoff rights and are “non-exempt” (hourly) employees under the provisions of the Fair Labor Standards Act (FLSA). TE appointments specify a maximum number of work hours allowable per year, with restrictions on consecutive and concurrent appointments. Under the past classified civil-service system, these appointments were identified in limited-term employment (LTE) provisions.

Who This Policy Applies To

This policy applies to all UW–Madison TEs and staff administering TEs, including HR professionals, hiring managers, and supervisors.

Rationale

Under Wis. Stat. § 36.115(4), UW–Madison must create a new university personnel system effective July 1, 2015. The new personnel system requires a temporary employment policy to govern the use of TEs hired to meet operational needs of the campus.

Policy Detail

  1. Attributes of TE Appointments

    1. “Temporary Employee” is an employee category separate and distinct from University Staff, Academic Staff, Limited Staff, and Faculty.
    2. TEs are hired for positions that have no expectation of continued employment. The total time worked by an individual TE cannot exceed 1,044 hours in a twelve-month period beginning on the appointment start date (i.e., 26 consecutive bi-weekly payroll periods). Exceptions are identified below.
    3. TE appointments cannot exceed a twelve-month period beginning on the appointment start date. Exceptions for appointments that meet consecutive or recurring standards are identified below.
    4. TEs are employed at-will and not subject to a “just cause” standard for negative personnel actions. UW–Madison can terminate TEs without notice, as long as the termination is not discriminatory. UW–Madison will notify the employee of the end date of a TE appointment at least two weeks in advance. Exceptions to this notice period must be approved by the division HR representative.
    5. TE appointments will not count toward UW–Madison’s full-time equivalent (FTE) count.
    6. TE appointment titles are based on “best fit” of the duties within the existing University Staff titling structure (i.e., at least 51 percent of assigned duties are compatible with an existing University Staff title).
  2. Compensation Provisions

    1. TE appointments use the pay schedule and pay range of the most appropriate title in the University Staff titling structure.
    2. TEs must be paid at least the City of Madison Living Wage (110% of the federal poverty rate for a family of four) and cannot be paid more than the midpoint of the pay range for the title. OHR may approve salaries above the midpoint of the range. A lower wage (set at the state or federal minimum wage or higher) may be approved for one of the following categories:
      1. Special employment – TEs participating in special employment programs (e.g., Goodwill Industries, Yahara House) or those indicating that a higher rate of pay will reduce their benefits (e.g., social security).
      2. Retirees – TEs indicating that a higher rate of pay will reduce their retirement benefits.
    3. TEs in Crafts Worker and related positions may be paid up to the applicable gross prevailing rate. Those who are Wisconsin Retirement System (WRS) eligible may be paid up to 93 percent of the applicable gross prevailing rate. Crafts Workers are not eligible to receive base pay adjustments, any adjustments awarded must be awarded as a lump sum.
    4. TEs are eligible for the following pay adjustments:
      1. Living Wage. The university will continue to match the City of Madison living wage provisions in all non-student full-time, part-time, and temporary jobs. This standard requires a minimum wage higher than the federal minimum wage (City of Madison Wage Factsheet).
      2. TE Increase. TE base pay rates may be increased up to the midpoint of the assigned pay range at any point during the appointment at the discretion of the hiring unit in consultation with division HR. Requests to exceed the midpoint of the range must be approved by OHR Compensation & Titling.
        1. Unless to correct an error, the rate of pay for a TE cannot be adjusted downward during the terms of the TE appointment.
    5. TEs are eligible for the following additional pay components:
      1. Night differential. Night differential is $0.45 per hour for all hours worked between 6:00 p.m. and 6:00 a.m.
      2. Weekend differential. Weekend differential is $0.60 per hour for all weekend hours worked (i.e., hours worked between 12:01 a.m. on Saturday and 12:00 midnight on Sunday).
      3. Legal Holiday Premium. Payment at the premium rate is granted for hours worked on legal holidays.
      4. Standby pay. When employees are required by an administrator to be available and able to report to work in less than one hour, they will receive $2.25 for each hour in standby status.
      5. Call-back/call-in pay. A minimum of two hours pay is guaranteed pay when employees are called back for duty or called in on their day off due to an emergency.
      6. Calls or Text Messages Outside of Work. If the employer contacts an employee covered by this policy via telephone to discuss job-related business, the employee will be credited with work time for all such calls. In no case will employees receive less than a single one-half hour credit per day for calls or text messages under this section.
        1. Examples of job-related business calls include discussion of:
          1. Specific patient-treatment procedures
          2. Operation of equipment
          3. Clarification of instructions
          4. Repair procedures
          5. Other job-related matters
        2. Examples of non-job-related business calls include discussion of:
          1. Calling an employee back to work
          2. Availability for overtime
          3. Scheduling changes
      7. Supplemental Pay for American Association for Laboratory Animal Science (AALAS) Certification.
        1. Employees in positions allocated to the classifications of Animal Research Technician, Animal Research Technician (Objective/Intermediate, Senior, & Advanced), Laboratory Technical Support Supervisor, and UW Agricultural Supervisor will receive an add-on of $1.00 per hour for any applicable AALAS certification.
        2. Employees in positions allocated to the classifications of Veterinary Technician (1, 2, or 3) or Veterinary Technician Supervisor may receive an add-on of $1.00 per hour for any applicable AALAS certification subject to the discretion of the hiring division.
        3. The hiring division will have the discretion to determine the relevance of the ALAAS certification to the position held and to authorize the hourly add-on.
        4. An employee may only receive the $1.00 per hour add-on for only one AALAS certification at a time.
        5. An employee may not receive the add-on for both an AALAS certification and a NAVTA certification.
        6. Any of the above add-ons will end immediately when the employee no longer works in the position for which the add-on was approved.
      8. Supplemental Pay for a National Association of Veterinary Technicians Certification.
        1. Employees in positions allocated to the classifications of Veterinary Technician (1, 2, or 3) or Veterinary Technician Supervisor will receive an add-on of $1.00 per hour if certified as a specialist by any academy recognized by the National Association of Veterinary Technicians in America (NAVTA) and if the employee is in a position directly related to that specialty certification.
        2. The hiring division will have the discretion to determine the relevance of the NAVTA specialty certification to the position held and to authorize the hourly add-on.
        3. An employee may receive the $1.00 per hour add-on for only one NAVTA certification at a time.
        4. An employee may not receive the add-on for both an AALAS certification and a NAVTA certification.
        5. Any of the above add-ons will end immediately when the employee no longer works the position for which the add-on was approved.
      9. Veterinary Technician differentials. Employees in positions allocated to the classifications of Veterinary Technician 1, 2, or 3 or Veterinary Technician Supervisor may receive an add-on of $1.00 per hour for all hours worked between 6:00 p.m. and 6:00 a.m., and an add-on of $1.00 per hour for all hours worked between 12:01 a.m. on Saturday and noon on Sunday. These add-ons are in addition to any shift differential or weekend differential payments. Add-ons will end immediately when the employee no longer works in the position for which the add-on was approved.
      10. Supplemental Pay for Bilingual Skills. Employees covered by this policy may receive an add-on not to exceed $1.00 per hour when their position descriptions require them to speak or translate a language other than English. The employer’s assessment of need for bilingual skills will determine the amount granted. Among other factors, the employer’s assessment can include anticipated percentage of time devoted to bilingual activity, estimates of how many customers will require bilingual services, and the number of languages used. This add-on will end immediately when the employee leaves the position or if the requirement is removed from the employee’s position description.
      11. Nurse Clinician Add-on. Employees in positions allocated to the Nurse Clinician series and providing direct patient care may receive an add-on of $1.00 per hour for hours worked only. Employees who are not in the Nurse Clinician series but are providing direct patient care when filling in for a Nurse Clinician may also receive an add-on of $1.00 per hour for hours worked only.
      12. Responsibility Differential for Nurse Clinician Positions. Employees in Nurse Clinician TE appointments may receive $1.40 per hour for work hours between 5:00 p.m. and 7:00 a.m.
      13. Add-On for Certain Law Enforcement Positions. Employees in law enforcement positions may receive an add-on based on the following titles and degree qualifications:
      14. Title Class Code
        Police Captain 65240
        Police Detective 65260
        Police Lieutenant 65222
        Police Officer 65200
        Police Sergeant 65221

        Degree Amount
        Associate’s Degree $1.00 / hour
        Bachelor’s Degree $2.00 / hour
        Master’s Degree $3.00 / hour

  3. Family-Member Employment

  4. Temporary employment is subject to UW–Madison’s nepotism policy. No appointing authority or supervisor who is an immediate family member of a job applicant or employee may participate either formally or informally in decisions to hire, retain, evaluate, promote, or determine the salary of that applicant or employee.

  5. Fair Labor Standards Act (FLSA) Status

    1. TEs are considered nonexempt under the FLSA. TEs who work more than 40 hours in a single workweek must be compensated in accordance with the FLSA.
    2. The University of Wisconsin System is considered one employer under the FLSA. If a TE has more than one appointment (e.g., University Staff appointment and TE appointment), a FLSA review that includes the TE’s entire UW System employment must be performed.
    3. Hours worked in a single work week between all appointments within the UW System must be used in determining eligibility for overtime (i.e., if TEs work more than 40 hours in a single work week across all their appointments, they may be eligible for overtime pay).
    4. Divisions are responsible for tracking where overtime occurs.
    5. The division where the overtime occurs is responsible for paying overtime wages.
  6. Informing TEs of Temporary Status

  7. UW–Madison will inform TEs of the temporary nature of their appointment. The following information must be communicated to the TE:

    1. A brief summary of UW–Madison’s policy regarding temporary employment
    2. An explanation that a TE appointment carries no expectation of continued employment
    3. An explanation of a TE’s “at-will” status
    4. An explanation of the potential benefits available to the TE
    5. A place for appointees to sign and acknowledge that they understand these conditions
  8. TE Benefits

    1. TEs are subject to the WRS eligibility requirements in Wis. Stats. §§ 40.02(26) and 40.22, and in Chapter 3 of the WRS Administrative Manual. TEs must be covered by the WRS to be eligible for benefits except where outlined below. TEs are eligible for the employer contribution towards health insurance on the first of the month following completion of two months of WRS state service per § 40.05(4)(a)2.
    2. TEs may participate in the following benefit plans whether or not they are covered by the WRS:
      1. Tax-sheltered annuity 403(b) program
      2. Wisconsin deferred compensation 457 program
      3. Long-term care insurance
    3. TEs are not eligible for the following:
      1. Flex spending account (FSA) program
      2. Paid leave
    4. For questions about benefits, contact Payroll and Benefits Services in the Office of Human Resources (OHR).
  9. Concurrent TE Appointments

    1. A concurrent appointment occurs when a TE is appointed to two or more TE appointments at the same time. An employee may hold concurrent TE appointments if at least two of the following three criteria are met:
      1. The appointments are in different operational areas.
      2. The supervisors for each position are different.
      3. The classification titles are different.
    2. Each TE appointment is subject to the 1,044 hour per year maximum.
    3. A separate location may satisfy the operational area criterion, at the discretion of OHR
  10. Consecutive TE Appointments

    1. A consecutive appointment occurs when a TE finishes one appointment and immediately begins another TE appointment. A TE may hold consecutive appointments when two of the following three criteria are met:
      1. The appointments are in different operational areas.
      2. The supervisors for each position are different.
      3. The classification titles are different.
    2. A separate location may satisfy the operational area criterion, at the discretion of OHR
  11. Recurring TE Appointments (Same Appointment)

  12. A recurring appointment occurs when a TE continues in or returns seasonally to a TE position. An employee may hold a recurring TE appointment when either:

    1. The work is seasonal or occurs on an irregular basis for less than 1,044 hours in a year (e.g., agricultural workers, lifesaving workers, special events staff, arboretum guides).
    2. The position is considered a “special employment opportunity” (e.g., internships, special community programs, and other educational or self-development curricula at places such as Goodwill Industries and Yahara House).
  13. Exceptions to the 1,044 Hour per Year Maximum

  14. A TE may work more than 1,044 hours in 26 consecutive bi-weekly payroll periods in the following cases. The appointment is still temporary and limited to one year or less in duration.

    1. Coverage during an approved extended leave (e.g., FMLA, educational, non-FMLA medical)
    2. The extension beyond 1,044 hours can include an overlap of permanent and temporary staff to allow for training before the leave or a transition period after the permanent employee has returned to work.

    3. Coverage during an extended period of recruitment
    4. The TE appointment must be tied to the specific vacancy that resulted in the need for temporary coverage.

    5. Coverage during layoff of University Staff for the closing of an operational unit

    Note: Previous divisional conversion agreements with policy exceptions will continue to be honored until the agreements expire.

Consequences for Non-Compliance

Violation of the policy could result in increased oversight by OHR, removal of titling delegation for TE appointments, or the removal of a division or department’s ability to use temporary employment.

OHR may also end a TE appointment that violates this policy.

Supporting Tools

Temporary Employee Title Descriptions

Temporary Employee Specific Titles and Rates Table

Definitions

Temporary Appointment: An at-will position with no expectation of continued employment, capped at 1,044 hours worked in 26 consecutive bi-weekly payroll periods, nonexempt under the Fair Labor Standards Act, and lasting one year or less (based on the start date of the appointment).

Temporary Employee (TE): An employee serving a temporary appointment.

Concurrent Appointments: When a TE works two or more TE appointments at the same time.

Consecutive Appointments: When a TE works two or more TE appointments back-to-back.

Recurring Appointments: When a TE continues in the same position each year.

Premium Rate: The employee’s regular hourly rate multiplied by 1.5.

Responsibilities

Departments and divisions that hire TEs are responsible for following this policy and all established recruitment, assessment, selection, and compensation policies. The Office of Human Resources maintains the right to give, remove, increase, or decrease delegation of authority for TEs and temporary employment.

Office of Human Resources (OHR)
  • Provides policy oversight to ensure compliance with campus policy
  • Conducts periodic reviews of the policy with campus human resources departments
  • Implements changes to the policy as needed
College/School/Division HR
  • Ensures administrators, supervisors, and hiring managers are aware of this policy and comply with its provisions
  • Ensures all eligible TE’s receive compensation in accordance with the additional pay components listed above and serve as the records custodian for these payments in their employing unit
  • Presents Temporary Employees with the TE Acknowledgement & Position Description form and retains a signed copy of the form on file

Link to Current Policy

https://kb.wisc.edu/ohr/policies/page.php?id=53126

Links to Related Policies

Wisconsin State Statute 36.115

Nepotism Policy

Wisconsin State Statute 40.02

Wisconsin State Statute 40.22

Chapter 3 of the WRS Administrative Manual




Keywords:temporary, temp, employee, limited, finite, term, appointment, compensation, concurrent, consecutive, recurring, te   Doc ID:53126
Owner:OHR .Group:HR Policies
Created:2015-06-23 17:00 CSTUpdated:2017-02-23 16:33 CST
Sites:HR Policies
Feedback:  1   0