Temporary Employees

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Policy Number:
UW-5022
Old Policy Number:
9.03
Responsible Office:
Office of Human Resources

University Policy

Rationale/​Purpose:

This policy outlines employment provisions for all Temporary Employees at the University of Wisconsin–Madison (UW–Madison).

Definitions:
Compensatory Time
Paid time off the job which is earned and accrued by an employee instead of immediate cash payment for overtime.
Concurrent Appointment
An appointment in which the Temporary Employee works two or more temporary appointments at the same time.
Consecutive Appointment
An appointment in which the Temporary Employee works for two or more temporary appointments back-to-back.
Crafts Worker
A UW-Madison employee who is a skilled journeyperson, including apprentices and helpers. The classification does not include employees who do not perform skilled trades as defined by the State of Wisconsin.
Journeyperson
An individual who has attained journeyperson status within their applicable trade.
Nonexempt Staff
Staff eligible for overtime pay or compensatory time off according to federal and state law.
Premium Rate
The employee’s regular hourly rate multiplied by 1.5.
Recurring Appointment
An appointment in which the Temporary Employee continues in the same position each year.
Temporary Appointment
An at-will position with no expectation of continued employment, capped at 1,040 hours worked in 26 consecutive bi-weekly payroll periods, that is nonexempt under the Fair Labor Standards Act, and lasts one year or less (based on the start date of the appointment).
Temporary Employee (TE)
An employee serving a temporary appointment.
Scope:

All UW–Madison Temporary Employees and those who administer Temporary Employees including HR professionals, hiring managers, and supervisors.

Policy:
  1. Attributes of Temporary Appointments
    1. "Temporary Employee" (TE) 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 1,040 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, provided that 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 divisional HR representative.
    5. TE appointments will not count towards 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.
  2. Compensation Provisions
    1. TE appointments have the same pay range of the University Staff title for the position.
    2. TEs must be paid at least the City of Madison Living Wage (110% of the federal poverty rate for a family of four). 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 salary amount will reduce their benefits (e.g., social security).
      2. Retirees-TEs indicating that a higher rate of salary 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.
    4. TEs are eligible for the following salary adjustments:
      1. Living Wage. The university will continue to match the City of Madison living wage provisions for all non-student, full-time, part-time, and temporary positions. This standard requires a minimum wage higher than the federal minimum wage (City of Madison Living Wage ).
      2. TE Increase. TE base salary rates may be increased at any point during the appointment at the discretion of the hiring unit in consultation with the divisional HR representative. The salary for a temporary employee cannot be adjusted downward except to correct an error.
    5. TEs are eligible for the following non-exempt additional salary components described in UW-5026 with the exception of TEs in veterinary technician roles:
      1. Night Differential
      2. Weekend Differential
      3. Legal Holiday Premium
      4. Standby Pay
      5. Call-Back/Call-In Pay
      6. Calls or Text Messages Outside of Work.
  3. Family-Member Employment

    Temporary employment is subject to UW-5046 Nepotism.

  4. Fair Labor Standards Act (FLSA) Status

    TEs are considered nonexempt under the FLSA. TEs who work more than 40 hours in a single workweek must be compensated in accordance with UW-5030 Overtime .

  5. Informing TEs of Temporary Status

    UW-Madison must inform TEs of the temporary nature of their appointment. The following information must be communicated to TEs using the TE Offer Letter template:

    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 TEs
  6. TE Benefits

    TEs are subject to the Wisconsin Retirement System (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 when 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.

  7. Concurrent TE Appointments
    1. TEs 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 job titles are different.
    2. Each TE appointment is subject to the 1,040 hour per year maximum.
    3. A separate location may satisfy the operational area criterion, at the discretion of the Office of Human Resources.
  8. Consecutive TE Appointments
    1. TEs 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 job titles are different.
    2. A separate location may satisfy the operational area criterion, at the discretion of the Office of Human Resources.
  9. Recurring TE Appointments (Same Appointment)

    TEs may hold recurring TE appointments when either:

    1. The work is seasonal or occurs on an irregular basis for less than 1,040 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).
  10. Exceptions to the 1,040 Hour per Year Maximum

    TEs may work more than 1,040 hours in 26 consecutive bi-weekly payroll periods in the following cases and remain subject to the provisions outlined in Section I. B.

    1. Coverage of a permanent employee during an approved extended leave (e.g., FMLA, educational, non-FMLA medical). The extension beyond 1,040 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.
    2. Coverage during an extended period of recruitment. TE appointments must be associated with the specific vacancy that resulted in the need for temporary coverage.
    3. Coverage during layoff of University Staff for the closing of an operational unit.

Consequences for Non-Compliance

Violation of the policy will result in increased oversight by the Office of Human Resources, removal of titling delegation for TE appointments, and/or removal of a division or department's ability to use temporary employment.

The Office of Human Resources reserves the right to end TE appointments that violate this policy.

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.

Table 1. Responsibilities
Office of Human Resources (OHR)
  • Provides policy oversight to ensure compliance with campus policy
  • Conducts periodic reviews of the policy 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 TEs 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
Related UW-Madison Policies:
Related UW–Madison Documents, Web Pages, or Other Resources:
External References:

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Associate Vice Chancellor/Chief Human Resources Officer
Contact:
HR Director & Program Officer -- Alisha Arnold, alisha.arnold@wisc.edu, (608) 265-1451
Effective Date:
06-23-2015
Revised Dates:

03-26-2020, 05-05-2021, 11-01-2021, 08-02-2023

Retrieved:
01-13-2025 18:27:53