The salary received by full-time employees exempt from Fair Labor Standards Act (FLSA) provisions is considered full compensation during the appointment period. Exempt employees are expected to work without extra pay to complete their assignments. Employees with appointments that are nonexempt from FLSA provisions receive hourly compensation and overtime pay for all time worked over 40 hours in a workweek at a rate not less than 1.5 times their regular hourly rates.
In general, options such as adjustments in the employee’s other duties in order to release time to meet new responsibilities; a temporary base adjustment; or a purchase-of-load arrangement in which funds are transferred into an employee’s department or unit as a purchase of institutional time from the department or unit should be considered before overload payments are granted.
However, exempt employees who work for either 1) two separate UW–Madison or UW System departments or 2) a state agency and a UW–Madison department in positions that together exceed 100 percent are considered to be working in two separate jobs (i.e., are in overload status) and are therefore eligible for overload payments. Additionally, there are instances in which asking an employee to do more than their appointment requires is the only viable alternative and overload compensation is appropriate.
Nonexempt employees who work for either 1) two separate UW System departments or 2) a state agency and a UW System department in positions that together exceed 100 percent are considered to be working in two separate jobs (i.e., are in overload status) and are therefore eligible for overload payments.
Overload compensation for UW–Madison employees for work done within the UW System may not exceed 20 percent of the employee’s base appointment salary or $18,000, whichever is greater, unless the Provost (or OHR as designee) determines that there is good cause to exceed this threshold and issues an exception. For work done outside the UW System, payments are subject to Wis. Stat. § 16.417(2)(a) limitations: “No individual ... who is employed or retained in a full-time position or capacity with an agency or authority may hold any other position or be retained in any other capacity with an agency or authority from which the individual receives, directly or indirectly, more than $12,000 from the agency or authority as compensation for the individual's services during the same year.”
*Definition per Wis. Stat .§ 16.417(1)(e)
Faculty, Academic Staff, Limited appointees, and University Staff
Overloads may be paid as a lump sum or as an appointment with an established FTE according to the following options:
If an overload payment exceeds the amount allowed in this policy, the employee may be forced to remit to the university the amount paid that exceeds the limit.
If a school, college, or division approves overload payments that do not comply with this policy, OHR may remove delegation for overload payment approvals.
|Office of Human Resources (OHR)
07-08-2020, 04-28-2021, 11-01-2021, 03-07-2023