Volunteers

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Policy Number:
UW-5001
Old Policy Number:
1.02
Responsible Office:
Office of Human Resources

University Policy

Rationale/​Purpose:

Volunteers expand the capacity of the university and contribute to the Wisconsin Idea by bringing the knowledge and resources of the university to people throughout the state. This policy defines the relationship of volunteers to the university, establishes parameters for engaging volunteers, and protects the interests of, and minimize the risk to, the university, its volunteers, and the communities they serve.

Volunteering is a complex subject that is influenced by various federal and state laws and regulations. This policy provides information that reflects these laws and regulations, but it cannot anticipate every type of volunteer relationship and/or volunteer program. Schools/Colleges/Divisions (S/C/Ds) engaging volunteers are responsible for managing those volunteers and for compliance with the policy. S/C/Ds are encouraged to consult with the campus Office of Human Resources (OHR), Risk Management, and the Office of Legal Affairs (OLA) if they have concerns or questions about how to be in full compliance with all applicable federal and state laws and regulations as they relate to volunteers and volunteer programs.

Definitions:
Agent of the State
For purposes of this policy, an individual who performs business of the state under the state’s direction and control and for the state’s benefit, with or without pay.
Custodial Care
Refer to UW-1045 Youth Protection for definition.
De Minimis Fringe Benefits
A benefit, due to its value and frequency, that is so small as to make accounting for it unreasonable or impractical (e.g., occasional personal photocopies, snacks, coffee, tickets to university events, swag) and are excluded under Internal Revenue Code section 132(a)(4).
Direction/Control
Authority exercised over the type of work to be completed, including, but not limited to, verbal or written instructions, guidance, or advice.  The individual authorized to provide direction and control does not need to be present during the activity.
Fair Labor Standards Act of 1928 (FLSA)
A federal law, 29 U.S.C. 201 et. seq. that establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. It also differentiates between employees and volunteers.
Nominal Fee
For purposes of this policy, cash or cash equivalents that may serve as volunteer stipends, honorariums, etc, given as recognition of volunteer services in accordance with FLSA, the Volunteer Protection Act of 1997, and the Wisconsin Workers Compensation Act.
Position of Trust
Refer to UW-5014 Criminal Background Checks for definition.
Prohibited Discrimination
Refer to Regent Policy Document RPD-14-6 Discrimination, Harassment, and Retaliation for definition.
University Volunteer

An individual who, freely and without coercion or force, performs duties related to the business or mission of the university, on campus or off campus, without a legal obligation to do so and no promise, expectation, or receipt of compensation.  Duties are performed under the direction/control of university employees. There are three levels of University Volunteer:

  • Level 1: Individuals who contribute to activities involving minimal time, effort, and skills and serve under the direct supervision of a university employee with no or little autonomy in their activities which are usually episodic in nature.
  • Level 2: Individuals who contribute to activities involving more than minimal time and/or greater potential for risk to the university or the individual. These volunteers may be given some autonomy over their activities and serve on a more regular basis.
  • Level 3: Individuals who contribute to activities in a leadership capacity and/or volunteer in positions of trust. These volunteers may be given more autonomy. See examples of roles in all three levels here.
Volunteer Management Services (VMS)
A unit within the Office of Human Resources established to help S/C/Ds understand and comply with this policy, track and document volunteer data, and provide support to volunteer programs at UW-Madison.
Vulnerable Populations
Minors, UW-Madison students in UW-Madison housing facilities, human research subjects, and medical patients.
Zero Dollar Appointment
A temporary non-employee appointment, used to provide an official affiliation and identification with UW-Madison without pay. This does not designate an employee/employer relationship or signify a volunteer relationship.
Scope:

This policy applies to:

  • All schools/colleges/divisions (s/c/ds) that engage volunteers
  • All volunteers acting on behalf of the university

This policy does not supersede stricter standards set by university departments or other policies, rules, or laws that impact the operation of volunteer activities.

Excluded from the policy are individuals who:

  • Provide services to the university on behalf of another organization (e.g. “Friends of” nonprofits not under direction/control of the university).
  • Are trained by the university to provide volunteer services for another organization (e.g., Master Gardeners).
  • Participate in citizen-based environmental monitoring.
  • Are UW-Madison students in unpaid educational internships or other for-credit activities.
  • Participate in UW-Madison human subject research approved by the Institutional Review Board.
  • Hold zero-dollar appointments.
  • Employees performing services considered “other duties as assigned” to the university while in paid status that contribute to the university's mission.
  • Serve as guest speakers (individuals invited to give presentations, conduct demonstrations, or facilitate instruction for a limited, defined time, such as a single engagement or scheduled presentation series).
Policy:
  1. Volunteer Activities

    All schools, colleges, and divisions (s/c/d's) may engage volunteers to enhance their work under the following parameters:

    1. University volunteer activities must supplement the work of university employees and be appropriate, typical, and sustainable for a volunteer.
    2. University volunteers must not replace or otherwise replicate the work of an employee position in scope, tasks, and time.
    3. University volunteers must be classified as a Level 1, Level 2, or Level 3 University Volunteer based on the level of risk and involvement associated with their volunteer duties.
    4. University volunteers must be issued a volunteer role description and volunteer agreement that:
      1. Includes volunteer tasks, point of contact, time commitment, and term of service, and;
      2. Must be signed and filed with the Volunteer Management Services (VMS).
    5. University volunteer positions must be less than 40 hours per week. A volunteer position’s term may not exceed 2 years. Renewals are permitted
    6. University volunteer must not perform duties outside the scope of their volunteer role description.
    7. University volunteer positions must receive direction and supervision from a UW-Madison employee as indicated in the University Volunteer role description.
    8. Individuals volunteering through third-party organizations (e.g., nonprofits, friends of groups, registered student organizations) are not considered university volunteers unless UW-Madison directly engages them and assumes responsibility for their activities. If a UW-Madison unit directs or controls a volunteer’s work, the unit must formally onboard the volunteer in accordance with this policy.
  2. Eligibility and Minimum Requirements

    Members of the public, employees, students, and retirees are eligible to volunteer for UW-Madison within the following parameters:

    1. University volunteers must be 18 years of age or older, with the following exceptions:
      1. An individual under the age of 18 may volunteer for the university if accompanied by a parent/guardian.
      2. An enrolled, for-credit UW-Madison student under the age of 18 may be recognized as a university volunteer on a case-by-case basis with approval by the program and the S/C/D based on standardized criteria from the Office of Human Resources (OHR), Risk Management, and Office of Legal Affairs (OLA).
      3. Volunteer programs engaging youth in their programming must register with the Office of Youth Protection. Those individuals will be considered youth program participants rather than university volunteers.
    2. Anyone on a sponsored visa who is interested in volunteering must reach out to VMS to determine their eligibility.
    3. University volunteers must disclose any conflicts of interest that may impede their ability to perform volunteer duties in a manner that serves the best interest of the university 
    4. Retired university employees may volunteer as long as they do not replace any functions of their previous role and their volunteer service adheres to UW-5080 Resignations and Retirement.
    5. University volunteers cannot be acting within scope of employment for themselves or any other employer (including UW-Madison) while performing volunteer service for UW-Madison.
    6. All university volunteers must register with the VMS prior to beginning their service and every 2 years thereafter. The registration process must include:
      1. Collection of contact information, as described in procedures document.
      2. Completion of University Volunteer Agreement.
      3. Agreement to comply with terms set forth in this policy and other applicable policies.
      4. Acknowledgement of required conditions of volunteer service (e.g., duties within university volunteer role description, assumption of risk).
      5. Clarification of volunteer duties and number of hours volunteered, as detailed in the university volunteer role description.
    7. VMS, in collaboration with S/C/D’s working with university volunteers in Positions of Trust must also ensure that these volunteers:
      1. Pass a criminal background check, to a level in accordance with their volunteer role and in line with the UW-5014 Criminal Background Check and UW-1045 Youth Protection.
      2. Complete applicable training required by the university and the program in which they volunteer.
  3. Status of University Volunteers
    1. University volunteers serve at the discretion of the university.
    2. The university has the right to deny requests to volunteer for any reason other than prohibited discrimination.
    3. Individuals participating in activities as university volunteers are not employees of the university and are not covered by the Fair Labor Standards Act (FLSA) and other employment laws and are therefore not eligible for employee benefits (e.g., workers’ compensation, health insurance, life insurance, retirement plan).
    4. University employees are recognized as university volunteers instead of employees when they serve in a volunteer role as defined by this policy.
    5. When serving in a university volunteer role meeting the requirements of this policy, students are recognized as both students and volunteers and are subject to Wis. Admin. Code UWS §17.
    6. University volunteers are recognized as agents of the state while volunteering and thus have certain liability coverage, as detailed in this policy.
  4. Volunteer Authorization, Onboarding, and Training
    1. All university volunteers must submit required paperwork for authorization through the volunteer program they are volunteering with, as detailed in procedures documents.
    2. All university volunteers must complete onboarding requirements prior to beginning their services.  These requirements will depend upon the responsibilities of their positions, along with acknowledgement and compliance with additional policies, procedures, or rules from the S/C/D for which they are volunteering.
  5. Prohibited Activities
    1. University volunteers must not:
      1. Be engaged by a program or a school/college/division for the reason of saving on budget to replace work that could be a paid position.
      2. Expect to and/or receive payment or services for their work.
      3. Assist employees with personal tasks or other activities that do not benefit the university.
      4. Direct employees, including student employees, or serve in roles responsible for making decisions about employees.
      5. Be granted access by a program or a s/c/d to critical university systems including payroll, purchasing, and student records.
      6. Sign contracts or otherwise commit university resources to another party.
      7. Make any decisions regarding use of university funds.
      8. Engage in behavior that is disruptive or violates applicable policies, procedures, or laws, or otherwise causes reputational harm to the university .
      9. Possess or be given access by a program or a school/college/division to master keys unless their volunteer status is superseded by other non-employee status (e.g., individual with emerit status).
      10. Operate heavy machinery or perform other highly hazardous tasks (to be reviewed with Environmental Health & Safety and Risk).
    2. University volunteers, managers, programs, and s/c/d's have shared responsibilities in preventing these activities from occurring.
  6. Driver Authorizations and University Property
    1. University volunteers may become authorized drivers through the volunteer driver authorization process.
      1. A university volunteer must be an authorized driver before driving for business/program purposes for the university (e.g., transporting university equipment).
      2. Traveling to and from a volunteer activity is the responsibility of the volunteer and does not require driver authorization.
    2. At the discretion of their program, university volunteers may be loaned university equipment for use during their volunteer roles. All loaned equipment must be documented upon distribution and inventoried upon return immediately following completion of volunteer service, project, or termination.
  7. Liability Coverage
    1. In accordance with Wis. Stat. § 895.46 liability protection is provided to university volunteers, while actively serving in their volunteer role, who:
      1. Complete all onboarding requirements prior to the start of their volunteer role and,
      2. Act within the scope of their duties under the direction/control of a university employee.
    2. University volunteers do not have liability coverage in situations where there is an intentional violation of policy, procedure, law or gross negligence.
    3. Liability coverage includes paying claims based on the negligent acts of employees or University Volunteers or to defend employees or volunteers against allegations of negligence, which may have caused injury or property damage to others provided the employee or volunteer was acting within the scope of their responsibilities to the university. Incidents that could lead to potential liability claims must be reported by the department or the s/c/d to the Office of Risk Management.
    4. If injured during volunteer service, university volunteers have the same rights as other citizens to seek compensation if the injury results from university negligence.
  8. Payments to Volunteers
    1. University volunteers may be reimbursed for preapproved expenses related to the performance of their duties.
    2. University volunteers must be approved as authorized drivers to qualify for milage reimbursement.
    3. University volunteers may receive de minimis fringe benefits and/or nominal fees of not more than $10 per week, not to exceed $500 total annually, regardless of the funding source. Reimbursement for out-of-pocket expenses such as mileage does not count towards the volunteer nominal fee.
  9. Intellectual Property

    Rights to all intellectual property produced, invented, discovered, or otherwise created through the performance of service to the university are retained by the Wisconsin Board of Regents unless otherwise agreed to in writing by the UW-Madison Office of Legal Affairs.

  10. Termination of Volunteer Positions
    1. University volunteers may choose to terminate their volunteer position at any time with or without notice to the university.
    2. University volunteers may be terminated from university service at any time and for any reason other than prohibited discrimination.
      1. University volunteers do not have rights to the same “just cause” steps afforded to select classifications of employees (e.g., faculty, academic staff, university staff).
      2. University volunteers do not have the right to appeal termination.
      3. Length of time performing volunteer service does not afford a university volunteer any right to continue providing volunteer services in the future.
    3. University volunteers must return all university property and equipment at the time of termination of the volunteer position.
    4. University volunteer dismissal must be documented, and the volunteer must be informed in writing.
  11. Public Records

    The protections applicable to employee records found in Wis. Stat. §19.36 are not expressly applicable to university volunteers. Volunteer records may be subject to release under the Wis. Stat. §19.31-§19.39 after review by the UW-Madison public records custodian.

  12. Inclement Weather
    1. Volunteer program managers must abide by UW-5055 Inclement Weather and UW-5056 Individual Building Closures when determining if volunteer activities are to be suspended.
    2. Volunteer program managers must promptly notify volunteers about any inclement weather or building closure information issued by the university.
  13. Incident Reporting
    1. Any injuries requiring professional medical attention must be reported and filed with the Office of Risk Management.
    2. Violations of university policies and volunteer dismissals must be reported and filed with OHR.
Related UW-Madison Policies:
Related UW–Madison Documents, Web Pages, or Other Resources:
External References:

29 CFR § 553.101

29 CFR § 553.106

29 U.S.C. 201 et. seq.

543 - 105th Congress (1997-1998): Volunteer Protection Act of 1997 | Congress.gov | Library of Congress

U.S.. Department of Labor, Fact Sheet #14A: Non-Profit Organizations and the Fair Labor Standards Act (FLSA)

U.S. Internal Revenue Service, De Minimis Fringe Benefits

UW System Administrative Policy 620, Working in Isolation

UW System Administrative Policy 625, Youth Protection and Compliance

UW System Administrative Policy 705, Carrying Weapons or Firearms at University of Wisconsin institutions

Wis. Admin. Code UWS §17

Wisconsin Department of Administration, Property & Liability Manual

Wisconsin Department of Workforce Development, Volunteer Workers and Worker's Compensation in Wisconsin

Wisconsin Department of Workforce Development, Worker’s Compensation Act of Wisconsin

Wis. Stat. §19.31-§19.39

Wis. Stat. § 19.36

Wis. Stat. § 895.46

Worker’s Compensation and Volunteers

 

 

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Associate Vice Chancellor/Chief Human Resources Officer
Contact:
Employment Relations Director -- Megan Dzyuba, wr@ohr.wisc.edu, (608) 890-3663
Effective Date:
07-01-2015
Revised Dates:

04-05-2019, 10-31-2025

Reviewed Dates:

10-31-2025

Retrieved:
11-20-2025 21:30:35