Temporary Employee

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

University Policy

Rationale/​Purpose:

Under Wis. Stat. § 36.115(4), UW–Madison must create a new university personnel system effective July 1, 2015. The new personnel system requires a temporary employment policy to govern the use of TEs hired to meet operational needs of the campus.

Definitions:
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, nonexempt under the Fair Labor Standards Act, and lasting one year or less (based on the start date of the appointment).
Temporary Employee(TE)
An employee serving a temporary appointment.
Concurrent Appointments
When a TE works two or more TE appointments at the same time.
Consecutive Appointments
When a TE works for two or more TE appointments back-to-back
Recurring Appointments
When a TE continues in the same position each year.
Premium Rate
The employee’s regular hourly rate multiplied by 1.5.
Scope:

This policy applies to all UW–Madison TEs and staff administering TEs, including HR professionals, hiring managers, and supervisors.

Policy:

Policy Summary

This policy outlines employment provisions for all Temporary Employees at the University of Wisconsin–Madison (UW–Madison). Temporary Employees (TEs) are employed “at-will,” have no expectation of continued employment, and do not count toward UW–Madison’s full-time equivalent (FTE) count. TEs do not have grievance or layoff rights and are “non-exempt” (hourly) employees under the provisions of the Fair Labor Standards Act (FLSA). TE appointments specify a maximum number of work hours allowable per year, with restrictions on consecutive and concurrent appointments.

Policy Detail

  1. Attributes of TE Appointments

    1. "Temporary Employee" 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, as long as 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 division HR representative.
    5. TE appointments will not count toward 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 use the same pay range of the University Staff title selected 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 in all non-student full-time, part-time, and temporary jobs. This standard requires a minimum wage higher than the federal minimum wage (City of Madison Wage Factsheet).
      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 division HR.
        1. TEs in Crafts Worker and related positions may be increased up to the gross prevailing rate. Those who are WRS eligible may be increased up to 93 percent of the applicable gross prevailing rate.
        2. Unless to correct an error, the salary for a TE cannot be adjusted downward during the terms of the TE appointment.
    5. TEs are eligible for the following additional salary components:
      1. Night differential. Night differential is $0.80 per hour for all hours worked between 6:00 p.m. and 6:00 a.m.
      2. Weekend differential. Weekend differential is $0.80 per hour for all weekend hours worked (i.e., hours worked between 12:01 a.m. on Saturday and 12:00 midnight on Sunday).
      3. Legal Holiday Premium. Payment at the premium rate is granted for hours worked on legal holidays.
      4. Standby pay. When employees are required by an administrator to be available and able to report to work in less than one hour, they will receive $2.25 for each hour in standby status.
      5. Call-back/call-in pay. A minimum of two hours pay is guaranteed pay when employees are called back for duty or called in on their day off due to an emergency.
      6. Calls or Text Messages Outside of Work. If the employer contacts an employee covered by this policy via telephone to discuss job-related business, the employee will be credited with work time for all such calls. In no case will employees receive less than a single one-half hour credit per day for calls or text messages under this section.
        1. Examples of job-related business calls include discussion of:
          • Specific patient-treatment procedures
          • Operation of equipment
          • Clarification of instructions
          • Repair procedures
          • Other job-related matters
        2. Examples of non-job-related business calls include discussion of:
          • Calling an employee back to work
          • Availability for overtime
          • Scheduling changes

  3. Family-Member Employment

    Temporary employment is subject to UW–Madison’s nepotism policy. No appointing authority or supervisor who is an immediate family member of a job applicant or employee may participate either formally or informally in decisions to hire, retain, evaluate, promote, or determine the salary of that applicant or employee.

  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 policy.

  5. Informing TEs of Temporary Status

    UW-Madison will inform TEs of the temporary nature of their appointment. The following information must be communicated to the TE 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 the TE

  6. TE Benefits

    TEs are subject to the 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 where 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.

    For questions about benefits, contact Madison Benefits Services in the Office of Human Resources (OHR).

  7. Concurrent TE Appointments

    1. A concurrent appointment occurs when a TE is appointed to two or more TE appointments at the same time. An employee 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 classification 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 OHR

  8. Consecutive TE Appointments

    1. A consecutive appointment occurs when a TE finishes one appointment and immediately begins another TE appointment. A TE 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 classification titles are different.
    2. A separate location may satisfy the operational area criterion, at the discretion of OHR

  9. Recurring TE Appointments (Same Appointment)

    A recurring appointment occurs when a TE continues in or returns seasonally to a TE position. An employee may hold a recurring TE appointment 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

    A TE may work more than 1,040 hours in 26 consecutive bi-weekly payroll periods in the following cases. The appointment is still temporary and limited to one year or less in duration.

    1. Coverage 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 The TE appointment must be tied to 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.

    Note: Previous divisional conversion agreements with policy exceptions will continue to be honored until the agreements expire.

Consequences for Non-Compliance

Violation of the policy could result in increased oversight by OHR, removal of titling delegation for TE appointments, or the removal of a division or department's ability to use temporary employment.

OHR may also end a TE appointment that violates 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 with campus human resources departments
  • 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 TE’s 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:

Standard Job Description Library

External References:

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Chief Human Resources Officer & Associate Vice Chancellor
Contact:
Director, Compensation Administration -- Meghan Owens, meghan.owens@wisc.edu, (608) 262-2346
Effective Date:
06-23-2015
Revised Dates:

03-26-2020, 05-05-2021, 11-01-2021

Retrieved:
12-02-2021 09:31:57