University Business Policies and Procedures Manual

3200
EMPLOYEE CLASSIFICATION
Effective Date: October 15, 1995
Subject to Change Without Notice

1. General

This policy describes the various classifications of positions in terms of employment designation (exempt or non exempt) and employee definition (full-time, part-time, term appointment, contract, temporary, and on-call). This policy addresses staff employees, only. For information on faculty, students, and graduate assistants, contact the University Faculty Contracts Office, the University Student Financial Aid Office, and the University Graduate Studies Office, respectively. For information on independent contractors refer to "Purchasing Professional Services From Independent Contractors" Policy 4325, UBP.

2. Employee Fair Labor Standards Act Designation

The Fair Labor Standards Act, as amended, classifies employee positions as either "exempt" or "non exempt." The classification of a position determines how an employee may be paid, among other things, for hours worked in excess of forty (40) hours per week and whether or not they are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act. The University Department of Human Resources determines which positions will be exempt or non exempt.

2.1. Exempt Employee

Exempt employees are salaried employees and are paid on the monthly payroll and are exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act. Exempt employee positions include such positions as directors, managers, and professional staff, such as engineers, attorneys, and physicians. This list is for illustrative purposes only, and is not meant to be all inclusive. See "Overtime" Policy 3305, UBP and "Compensatory Time" Policy 3310, UBP for information on compensation for overtime hours.

2.2. Non Exempt Employee

Non exempt employees are employees paid on an hourly basis and are subject to the minimum wage and overtime provisions of the Fair Labor Standards Act. Non exempt staff employees are paid on the bi-weekly payroll and hours worked are reported on a time sheet. They are entitled to premium compensation for overtime work. Non exempt employee positions include such positions as secretarial, clerical, maintenance, and service workers. This list is for illustrative purposes only, and is not meant to be all inclusive. See "Overtime" Policy 3305, UBP and "Compensatory Time" Policy 3310, UBP for information on compensation for overtime hours.

3. Employee Appointment Status Distinction

3.1. Regular Full-Time Employee

A regular full-time employee is hired for an indefinite period of time and is normally scheduled to work forty (40) hours per week. Appointment is continuous, subject to satisfactory performance and availability of funding.

3.2. Regular Part-Time Employee

A regular part-time employee is hired for an indefinite period of time and is scheduled to work less than forty (40) hours per week. Employees in this category are classified either as three-quarter time (3/4), normally scheduled to work 30-39 hours per week; half-time (1/2), normally scheduled to work 20-29 hours per week; or less than half-time, normally scheduled to work 1-19 hours per week. Appointment is continuous, subject to satisfactory performance and availability of funding.

3.3. Term Appointment Employee

A term appointment employee is hired (full-time or part-time) into a position that is designated to run for a defined period of time. This may happen for various reasons; such as, the position is funded from non-recurring sources (e.g. contracts and grants) or the position is needed to complete a special project. Term employees are normally hired for periods greater than six (6) months and less than three (3) years.

Employees hired for a term appointment will be separated from the University as of the specified date unless the supervisor notifies the employee that the appointment will be extended. For the specified period of appointment, term employees are entitled to all other rights and privileges as regular status employees, except the right to grieve separation at the end of the appointment. Term appointment employees are not placed on layoff status at the end of the appointment. For information on layoff status refer to "Separation of Employment" Policy 3225, UBP.

3.4. Contract Employee

Contract employees are hired into certain senior positions designated by the President to serve for a specific period of time. The responsibility associated with the position is judged to be such that the University must reserve the right to renew or not renew the contract of the incumbent in the position when such contract expires. Contracts are normally written for one (1) year terms. Except for the University's right either to renew or not renew an administrator's contract, and except for matters specifically set forth in such contract (including duties and salary), the benefits, terms, and conditions of employment of an administrator on contract shall be governed by the University's personnel policies and procedures, found in Section 3000 of the University Business Policies and Procedures Manual. For further information refer to "Contract Employees" Policy 3240, UBP.

 

 

3.5. Temporary Employee

A temporary employee is hired to work a reasonably predictable schedule, full-time or part-time, for a period not to exceed six (6) months. Temporary positions are normally not renewable; however, extensions may be granted with the approval of the employee's dean, director, or department head, and the Department of Human Resources. Individuals hired on six (6) month professional service appointments are classified as temporary employees. Refer to Section 3.4. "Staff Recruitment and Hiring" Policy 3210, UBP.

3.6. On-Call Employee

An on-call employee is employed on an intermittent basis to work special events, during peak work periods, to fill in for an absent employee, and in other similar circumstances. An on-call position may be renewed by submitting a Personnel Action Notice (PAN) and a justification memorandum approved by the employee's dean, director, or department head to the Department of Human Resources for approval.

4. Employees Holding Multiple Positions

An employee working two (2) regular part-time positions, totaling forty (40) hours per week, will be considered a regular full-time employee. If the total hours regularly worked are less than forty (40), the employee will be considered regular part-time. An employee working a regular part-time and a temporary or on-call position will be considered a regular part-time employee.

An employee may not be routinely paid on more than one (1) payroll (such as both monthly and biweekly). If employed in two (2) positions, one (1) exempt and one (1) non exempt, the employee will be considered non exempt and both positions will be paid on the biweekly staff payroll.

5. Eligibility for Benefits

5.1. Eligible Positions

Regular, term appointment, and contract employees scheduled to work twenty (20) or more hours per week are eligible to receive benefits. These benefits include annual leave, sick leave, administrative leave, leave without pay, retirement contributions, unemployment compensation, workers' compensation, and participation in programs such as health, life, and other types of insurance, tuition remission, and tax-deferred annuities. Full-time regular, term appointment, and contract employees are eligible for dependent education benefits.

5.2. Ineligible Positions

Part-time employees scheduled to work less than twenty (20) hours per week, temporary employees, and on-call employees are covered by unemployment compensation and workers' compensation insurance, but are not eligible for other University approved benefits. Employees will be subject to payroll tax deductions, such as income tax an social security tax withholding, and may be subject to retirement contributions depending on number of hours worked.

 

6. Change from Temporary or On-Call to Regular Status

When a position is changed from temporary or on-call status to regular, term appointment, or contract status, the position is considered to be a new position and should be treated in accordance with "Staff Recruitment and Hiring" Policy 3210, UBP.The incumbent of the temporary or on-call position may be considered along with other applicants for the regular position.

Comments may be sent to UBPPM@UNM.edu
http://www.unm.edu/~ubppm