Employment Policies for Temporary Employees

Departments employ temporary staff due to vacancies in permanent positions or for additional, short-term labor. Departments have three ways to hire temporary employees at the University:

• Receive temporary staff through Tar Heel Temps, the University's In-House Temporary Staffing Service.
• Receive temporary staff through an outside temporary agency.
• Hire temporary staff directly onto the department's payroll.

The policy below applies to SPA temporary employees hired directly onto department payrolls.

• For information regarding Tar Heel Temps placements, contact the Tar Heel Temps office.
• For information on EPA temporary employees, contact the Office of the Provost.
• For information on student employees, the Office of Scholarships and Student Aid.

 

Temporary Appointments

A "temporary" SPA appointment is an employment status of limited duration not exceeding 12 consecutive months.

When a temporary employee has worked for 12 consecutive months, the employee's appointment must be terminated. The employee cannot be hired into another temporary appointment with the University for at least 31 calendar days. (Because the University as a whole is considered one employer, a 31-day break in service must be from the University, not just from one department.)

Departments may submit an extension request in writing to the Director of the Compensation & Staffing Programs Department. If approved by the Director, the temporary appointment may be extended up to a maximum of 3 additional months.

Intermittent Temporary Appointment

An "intermittent temporary" SPA appointment may be made to positions needed only for occasional periods of time. This type of appointment shall not exceed a total of nine months or 1,500 hours during any 12-month period. If an intermittent temporary exceeds this hour limitation, the employee must be designated as a regular temporary employee and is subject to the 12-month, 31-day break in service rule (see above). Otherwise, the intermittent temporary is not limited to a 12-month appointment.

Retirees

State policy allows retirees in temporary appointments to work beyond 12 consecutive months so long as the employee certifies that he/she is not available for or seeking permanent work and has benefits through his/her retirement plan. Employees who retire from the State of North Carolina and receive a pension through the State are limited in the salary amount they can continue to receive as a temporary employee for the State. State retirees should contact the Benefits Administration Department for additional information on income limits.

See "Exclusions for Student Employees" below for additional information relevant to student employment status.

The University does not practice or condone age discrimination. Limitations are enforced only where specific age constitutes a bona fide occupational qualification.

• Persons must be at least 16 years of age in order to be considered for temporary employment.
• Law enforcement officers must be at least 21 years of age.
• There is no maximum age for employment.

For employees under the age of 18, the specific duties to be performed must comply with the Child Labor provisions of the Fair Labor Standards Act.

Employees under age 18 may not work more than nine hours per day, 48 hours per week, or six consecutive days per week; nor may they work before 6:00 a.m. or past 12:00 midnight.

Employees under age 18 may not work in occupations declared hazardous by the Secretary of Labor. Of particular interest to all departments are the "Hazardous Orders" prohibiting the employment of minors 16 and 17 years of age in such activities as:

• truck driving (operator or helper);
• roofing operations;
• operating any hazardous equipment or machinery; or
• handling, storing, or being exposed to radioactive substances or ionizing radiation.

Violations of this policy may result in penalties or fines from the Federal and/or State Department of Labor.

Advertising and Posting Temporary Positions

Departments must list any available temporary positions with the local Employment Security Commission Office in Hillsborough (919-644-1051).

Application Forms

Departments are not required but are encouraged to have applicants for direct-hire temporary employment complete the "Application for Staff Employment" and any applicable Supplemental Forms.

Interviewing

Interviews of applicants for temporary appointments must adhere to the guidelines for interviews established for SPA permanent employment.

Nepotism

Relatives (as defined below) of current employees (permanent or temporary) may not be employed within the same department without review by and notice to the Employment Classification & Compensation Department. If relatives are considered for employment, it is necessary for the department head to certify that such action will not result in one family member supervising another member of the immediate family. No family member may occupy a position which has influence over another employment, transfer or promotion, salary administration, or other related management or personnel consideration.

Relatives are as follows: wife, husband, mother, father, brother, sister, son, daughter, grandmother, grandfather, grandson, granddaughter, and step-, half-, and in-law relations of this same list. Employment restrictions might also include others living within the employee's household or otherwise so closely identified with the employee as to suggest the potential for difficulty in the employment relationship. Relatives (or other closely affiliated persons) of current employees are not given preference in employment.

It is the responsibility of the hiring department to verify and assure that this policy on employment of relatives is followed by completing a "Nepotism Certificate" and sending the completed form to the Employment Classification & Compensation Department.

Reference Checks

Departments are strongly encouraged to complete reference checks and credentials verification (if applicable) for all final candidates for temporary appointments.

Criminal Conviction Checking

The satisfactory completion of a criminal conviction check is required for all final candidates for SPA temporary appointments prior to the employee's first day of work with the University.

Documentation

Departments must verify the identity and eligibility of temporary employees for employment by having them complete the appropriate documentation, including:

• "Temporary Appointment Acceptance"
• Federal Form I-9
• Tax withholding forms (W-4 and NC-4)

Departments must complete the hiring process in the Human Resources Information System (HRIS).

Orientation

Hiring officials are responsible for providing appropriate department orientation to temporary employees.

University Policy Information

Departments are required to ensure that temporary employees are aware of the policies regarding employment at the University. "Checklist for Hiring a Temporary Employee" and "Temporary Appointment Acceptance" provide a list of these policies and where they can be accessed.

Health and Safety Requirements

If a temporary is employed by the University more than 30 calendar days, s/he is required to attend the appropriate New Employee Safety Orientation training provided through the University's Department of Environment, Health & Safety. Temporary employees working in a lab and/or clinic must attend the first available orientation. If the employee's duties are in a health care environment, then the employee provide the University Employee Occupational Health Clinic (UEOHC) with a copy of his/her immunization records within his/her first 10 days at work. UEOHC will review the records and indicate if the employee will require further immunizations in order to stay in the position.

If a temporary employee's duties expose his/her to bloodborne pathogens or other potentially infectious material, the employee is required within his/her first 10 days at work to attend the Department of Environment, Health & Safety's OSHA Bloodborne Pathogen training and discuss the necessity of a Hepatitis B vaccination with the UEOHC.

Temporary employees must comply with the University's policy on HIV-infected or Hepatitis B-infected employees engaged in University health care activities, including disclosure to their department head, dean, division chief, Senior Director of Employee & Management Relations Department, or chair of the University's AIDS Task Force if they are or become infected with either virus.

Benefits Programs

Temporary SPA employees are eligible to participate only in the following benefit programs:

• Tax-sheltered annuity [403(b)]
• Savings bonds

Information about enrollment may be obtained from the Benefits Administration Department in the Office of Human Resources.

Direct Deposit

Temporary SPA employees are required to participate in payroll "direct deposit" into a bank or credit union account. New temporary employees must submit a deposit slip or voided check along with the direct payroll deposit authorization (Form PR-8) to the University Payroll Department by the end of their first work week. Temporary employees will not receive a paycheck from the University until the appropriate payroll forms have been completed and submitted.

Leave Programs

Temporary SPA employees are not eligible to participate in any paid leave or paid time off programs, nor do they receive paid holidays.

Under very limited conditions, temporary employees may be eligible for Family and Medical Leave.  See the Family and Medical Leave Policy for SPA Employees for more information.

Training Programs

Temporary SPA employees may participate in training programs provided through the Training & Development Department on a space-available basis. Permanent employees receive priority status in enrollment. Contact Training & Development for more information.

Minimum Wage

All non-student SPA temporary employees must be paid at or above the minimum wage for a worked employed by the State of North Carolina ($10.61 per hour).

See "Exclusions for Student Employees" below for additional information relevant to student employment status.

Wage-Hour Status

All SPA temporary employees are subject to the overtime provisions of the federal Fair Labors Standards Act (FLSA). Temporary employees should submit a completed employee time record for each biweekly period in which they work. Temporary employees are paid on the same biweekly schedule as SPA permanent employees and must adhere to the same payroll deadlines.

Overtime Liability

Non-Exempt employees earn time-and-one half for all hours worked in excess of 40 hours in a work week. An employee must actually work over 40 hours in a single work week to receive overtime compensation. Lack of funds does not relieve a department from its liability to compensate overtime work at the rate of time-and-one-half. The University does not have a policy that allows equal time off (hour for hour) in another week. The additional pay is to be included in the paycheck for the pay period in which the overtime was worked.

Management should give as much advance notice as possible of the need to work overtime so that employees can make any arrangements necessary to enable them to perform the overtime work.

Note: Some work units may require occasional mandatory overtime as a condition of employment. Such a requirement must be explained to job candidates during the interview and selection process.

Compensatory Time Off

Temporary SPA employees are not eligible for compensatory time off.

Holidays and Holiday Pay

Temporary SPA employees do not receive pay for a University holiday not worked.

A temporary employee who is required by his/her department to work on a University holiday must receive his/her regular pay and must also receive Holiday Premium Pay for all hours worked on the holiday. Holiday Premium Pay is equal to one-half the employee's regular pay rate (the total compensation for working on the holiday is time and one-half.) To receive Holiday Premium Pay, the employee must attach a completed Holiday Premium Pay form to his/her timesheet.

A temporary employee who works on a University holiday but was not required by the department to do so must be compensated at his/her regular rate for all hours worked on the holiday. This voluntary work is not additionally compensated with Holiday Premium Pay.

Management has the discretion to allow temporary employees to work a flexible schedule during a holiday week to compensate for the absence on the holiday (for example, four 10-hour days).

Other Special Pay Considerations

• Temporary SPA employees are eligible for call-back and stand-by pay.
• Temporary SPA employees are not eligible for shift premium pay.

Certain portions of this policy are not applicable to SPA temporary employees designated with a student status, as described below:

Appointment Length: Student employees are not limited to a 12-month appointment and can retain student employee status for the duration of their academic program.

Minimum Wage: The minimum hourly rate of pay for student employees is $6.15 per hour (the state-wide minimum rate for all workers in the state of North Carolina).

Criminal Convictions Check: Student employees are not subject to pre-employment criminal convictions checks as a condition of employment.

For policies applicable to Federal Work-Study student employees, contact the Office of Scholarships & Student Aid.

Within 30 calendar days from the date of alleged denial of reasonable accommodation of a disability, a temporary employee may file a grievance directly with the Office of Administrative Hearings or choose to use the University's internal grievance procedure. This is the only issue about which a temporary employee may use the Staff grievance process.  Refer to the "Dispute Resolution and Staff Grievance Policy" for more information.

SPA Temporary employees may be terminated at any time without additional compensation. They are not eligible for layoff priority employment or severance pay.

If you have questions about this policy, contact the Employment, Classification and Compensation Specialist in the Office of Human Resources assigned to work with your department.