PIM 08: Temporary Staff Employees

PIM Number: 08

Temporary Staff Employees

• Employment and Staffing
• Staff Employment

Temporary Staff Employees

Dated: Nov. 20, 2018

Category: Employment and Staffing

Contact: Director of Talent Acquisition – ext. 0670 or Talent Acquisition Consultant for Temporary Staff – ext. 5224 or Director of Compensation and Position Management – ext. 0654

References

University Policy #101.15 – Additional Compensation for Professional Services to the University

Office of Federal Contract Compliance Programs (OFCCP)

Vietnam Veterans’ Readjustment Assistance Act of 1974 (as amended)

http://www.dol.gov/ofccp/regs/statutes/4212.htm

General

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 SHRA staff positions (Account #912100), or vacant permanent EHRA staff positions (Account #911100). This guidance does not apply to the recruitment/appointment of temporary teaching faculty (Account #913100) or student temporary employment.

Temporary staff employees may be hired on an ‘as needed’ basis subject to the following conditions:

1. Availability of funds sufficient to cover the costs associated with the assignment; or
2. Availability of a vacant permanent staff position; and
3. Within limitations as to employment duration.

Individuals 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 outlined in University Policy #101.15 – Additional Compensation for Professional Services to the University.

Note: Supplemental employment assignments for permanent staff 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 submitting an alternate work schedule and the Supplemental Employment form to HR for approval.

Equal Employment Opportunity

1. All Equal Employment Opportunity requirements applicable to the employment of permanent and probationary employees apply equally to the employment of temporary employees.
2. All employment decisions must be made concerning job-related criteria only and without respect to impermissible factors such as race, color, religion, sex, national origin, protected veteran status, disability, gender identity, or sexual orientation.
3. Members of an immediate family or those with a close personal relationship shall not be employed within the same department if such employment will result in one person supervising the other or if one person will occupy a position, which has influence over the other’s employment, promotion, salary administration or other related management or personnel considerations.

Recruitment

Following ‘open access’ vacancy requirements governing employers in receipt of federal contracts above $25,000, the University shall advertise all of its employment openings except for the following three (3) circumstances:

1. Executive and top-level management positions;
2. Positions which are to be filled from within the organization (internal or reappointment); and
3. Employment assignments lasting less than three (3) days.

To initiate recruitment activities for any ‘new’ temporary staff employee, please visit the Human Resources Management System (NinerTalent) at https://jobs.charlotte.edu/hr. Once logged into the system, the Temp-Hire Manager will create a vacancy by selecting Temp-Hire and will choose the appropriate position designation/type. All advertising information must be routed to Human Resources for review/edit, approval, and official vacancy. All approved temporary staff vacancies will be advertised in the same two-week fashion as permanent positions unless otherwise specified by the Department and are accessible to the public at https://jobs.charlotte.edu. For more information about vacant temporary staff positions, please review our user guides.

For recurring and/or frequently-requested temporary staffing needs, Human Resources may establish/maintain ongoing 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 the establishment of ongoing recruitment pool(s) for other occupational categories, please consult with the Director of Talent Acquisition at 7-0670 or the designated Talent Acquisition Consultant.

Note: Hiring officials may direct interested candidates to any vacancy notice within the advertised recruitment period.

Interview and Selection

When the recruitment period has closed, the hiring official may initiate the interview and selection processes. To receive consideration, all candidates for temporary staff employment must:

1. Complete/submit an electronic application before the posted closing date of the specific vacancy notice;
2. Meet all established minimum eligibility requirements for the position (or work to be performed); and
3. Unless otherwise authorized under specific summer programs, be at least 18 years of age (unless otherwise permitted under specific summer programs).

From the established applicant pool, hiring officials must interview all eligible candidates. Interviews should be conducted in person. Although there is no requirement for multiple interviews to be conducted, hiring officials are strongly encouraged to conduct at least two (2) interviews for reasonable comparative purposes.

Note: No candidate selection shall be made external to the established applicant pool(s) or before the end of the advertised recruitment period(s) (excluding ongoing pools).

Procedures

The following procedures apply in the process of hiring temporary staff employees:

1. Identify the need for additional help in your area
2. Post a job vacancy in NinerTalent or search the applicant pool for viable candidates
3. Once the recruitment period is over, the hiring official will interview all the most qualified applicants. Interviews should be conducted in person.
4. Complete and submit a hiring proposal in NinerTalent for the candidate you recommend hiring to Human Resources for review and approval. The interview questions and at least one telephone reference from a current or previous supervisor are required and uploaded to the hiring proposal. *This process is not required for current employees that are changing employee type (i.e., student employee moving to a non-student temp position or a permanent employee that separates from their permanent role but is continuing on a short-term temporary basis).
5. Upon approval of the hiring proposal, complete an Electronic Personnel Action Form (EPAF) following all written instructions and submit it to the Human Resources Department for review and approval. For more information regarding the completion of this form, please refer to the ‘Salary Determination’ and ‘Duration of Employment’ sections listed herein.
6. Upon receiving approval from the Director of Talent Acquisition or the Talent Acquisition Consultant, advise the selected candidate to follow the new hire process found at
7. Important Note: The selected candidate cannot begin employment until the hiring official has received approval from Human Resources via the I-9 verification email.

Required Processing:

All temporary staff employees must complete all required onboarding activities before or within the first 30 days of employment. These activities include:

1. Completion of a Criminal Background Check Consent Agreement (candidate will receive an electronic invite via email to give consent before the approval of the assignment).
2. Completion of USCIS, Form I-9 to establish identity and employment eligibility in compliance with the Immigration Reform and Control Act of 1986) on or before the first day of employment. Failure to present documentation for completing Section Two of the Form I-9 within the first three days of work will result in termination.
3. Confirmation of U.S. work authorization via the E-Verify System
4. Completion of Federal and State tax withholding forms (W-4/NC-4). These forms are completed online.
5. Completion of a personnel profile to include personal and emergency contact information
6. Completion of a Patent Agreement
7. Completion of the form ESRR (Certification of Employee Status under Retirement Reemployment Laws)

Newly-hired temporary staff employees will be provided with an I-9 verification email indicating successful completion of all onboarding requirements.

Note: All newly-hired temporary employees are strongly encouraged to present an original social security card during the initial employment processing to ensure accurate payroll tax reporting.

Salary Determination

1. 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 (FLSA) and are paid hourly as determined from the regular submission of time records indicating hours worked. The Talent Acquisition Consultant determines an appropriate hourly rate of pay in the Human Resources Department from an analysis of the duties/ responsibilities described in the EPAF. It is consistent with existing career band(s)/role(s) and internal equity considerations. Work over 40 hours per week must be compensated at an overtime rate of one and one-half times their hourly rate.
2. The minimum hourly rate for temporary staff positions is normally 1/2080th of the minimum annual salary rate outlined in the State of North Carolina Salary Schedule (currently $15.00 per hour). However, a rate between the Federal minimum wage rate ($7.25) and the State minimum ($15.00) may be proposed based on the type of job and necessary knowledge, skills, and abilities. For additional information concerning appropriate wage recommendations, don’t hesitate to contact the designated Talent Acquisition Consultant.
3. For temporary employees performing managerial and/or professional-level duties, the department/office head may request FLSA exemption status by completing our Fair Labor Standards Act Exemption Recommendation Form before the job vacancy to the Staff Employment Unit. The information provided by the department/office will be reviewed by a Classification and Position Management representative and compared against all applicable FLSA guidelines. The resulting determination will be communicated to the department/office head.
4. If an FLSA exemption status is approved, 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 a timesheet.

Duration of Employment

For temporary staff employees, the State Human Resources Commission, as a means of controlling discrimination concerning leave, medical, and/or retirement benefit entitlements, governs the duration of employment assignment. Temporary staff employees have no benefit entitlements.

Employment Status *	Duration	Benefit Eligibility
19 or fewer hours	Up to 12 months at a time	None
intermittent	Up to 12 months at a time	None
20 to 29 hours	Up to 11 months	None, if they do not average 30 or more hours a week during a 12-month period
30 to 40 hours	Up to 11 months	Eligibility for ACA high deductible plan

*hours per week

1. Temporary employees who are hired to work a regular schedule of 19 hours or less per week may be employed for 12 months. Such employment may be renewed annually for additional periods of up to 12 months.
2. Temporary employees who are hired to work an irregular or intermittent schedule may be employed for periods of up to 12 months. However, the hours worked may not exceed 988 hours during any consecutive 12-month period. Such employment may be renewed annually for additional periods of up to 12 months.
3. Temporary employees hired to work a regular schedule of 20-40 hours per week may be employed for 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 20-40 hours per week exceed a total of 12 months.
4. Once a temporary employee has worked eleven or twelve consecutive months, the employee must take a 31-day break in service from the University before they can return for another temporary work assignment; or
5. They can have their employment converted to a part-time or intermittent schedule, as long as the hours worked do not exceed 988 hours during any consecutive 12-month period. The employee is ineligible to work more than 19 hours a week until a 31-day break of service is taken.
6. Departments are encouraged to establish a time-limited position for a temporary assignment that can last more than one year, with a max employment time of three years. These positions are benefits-eligible. (See PIM-56, Establishing SHRA Positions under Career Banding for guidance).

Teleworking

Temporary employees are excluded from the University’s policy, 101.22 (Flexible work and telework arraignments for SHRA and EHRA non-faculty employees). This is per the state’s Teleworking Program policy.

Payment

Hourly temporary employees will be paid every two weeks for hours worked during the preceding two weeks. The payday will be every other Friday. Salaried temporary employees will be paid semi-monthly on the 15th (or last business day before the 15th) and the last business day of each month.

Benefits

Part-time, temporary staff employees are ineligible to receive benefits (leave, health coverage, State service credit, etc.). They are, however, covered by Worker’s Compensation provisions. In addition, full-time temporary staff employees that average 30 hours a week or more are eligible for the State Health Plan’s High Deductible Health Plan. For more information, please visit https://hr.charlotte.edu/benefits/affordable-care-act.

Records

1. A personnel records folder is established and maintained in the Human Resources department for all temporary staff employees paid under the non-student temporary employee account codes.
2. 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.

Terminations

1. When completing the EPAF for Temporary Staff Employment, the hiring official identifies assignment beginning and ending dates. The assignment end date indicates the last day an employee is authorized to receive payment for work.
2. Any temporary staff employment assignment extension requires submission and approval of another EPAF. If a temporary employee is permitted to work beyond the specified assignment end date, this constitutes unauthorized employment. The responsible hiring official may incur disciplinary consequences for such action in these circumstances.
3. 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 hiring official. However, suppose a decision is made to end the employment assignment before the date specified on the approved EPAF. In that case, any such decision must be coordinated closely with both the Human Resources and Payroll departments to ensure the following: accurate payroll processing; to avoid overpayment for work not performed (mainly, temporary staff 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 the designated Talent Acquisition Consultant or the Director of Talent Acquisition before any formal communications with the subject employee to ensure the appropriateness of the proposed action.