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> MSU Policy and Procedures > Personnel Policy and Procedures Manual

300.00
Employment
Categories and Conditions
Subject:
Personnel
Policy:
Employment Categories and Conditions
Revised:
March 27, 2006
Effective Date:
March 27, 2006
Review Date:
Three (3) years from Effective Date above.
Responsible Party:
Personnel and Payroll Services
SECTION CONTENTS
310.00 Categories of Employees
310.10 Reference
310.20 Introduction and Purpose
310.30 Employment Categories
310.40 History
320.00 Classified Fixed Term Employees
320.10 Reference
320.20 Introduction and Purpose
320.30 Utilization
320.40 Compensation and Benefits
320.50 History
330.00 Temporary Employees
330.10 Introduction and Purpose
330.20 Reference
330.30 Temporary Hourly Employees
330.31 Utilization
330.32 Compensation and Benefits
330.33 Procedures for Appointments
330.40 Student Temporary Hourly Appointments
330.50 Temporary Professional Hourly Appointments
330.51 Compensation and Benefits
330.52 Limitations of Appointments
330.53 Procedures for Appointments
330.60 History
310.00
Categories of Employees
·
Section
707, "Classification," Montana University System Policy and
Procedures Manual.
310.20
Introduction and Purpose
The purpose of this policy is to specify the general types of
appointments utilized on the Montana State University-Bozeman
campus.
310.30
Employment Categories
Montana
State University-Bozeman employees, excluding college
workstudy and student labor, fall into the following
categories:
A.
Temporary Hourly - Employment to fill a short-term need
which will not exceed either: a) 89 consecutive calendar days
or b) 347 work hours in the calendar year.
B.
Classified Employees - Employees performing duties
normally assigned to classified positions shall be appointed
into one of the following categories, depending upon the
specific circumstances of their appointment:
1.
Regular Classified - Appointments that are anticipated to be
of an ongoing nature. (This could include appointments that
are anticipated to be of an ongoing nature, but which are only
for a portion of each year due to the seasonal or cyclical
nature of the work.)
2.
Classified Fixed Term - Appointments that are not intended to
be ongoing. Such appointments are normally limited to a
specific time period, not to exceed one year, with no
expectation of employment beyond the period specified.
C.
Professional/Administrative Employees - Non-tenure track
employees appointed on a Board of Regents contract or Letter
of Appointment who hold a non-instructional, non-research
position. Professional/hourly employees are appointed on a
Letter of Appointment for short-term or infrequent needs, and
are paid for actual hours reported as worked in each pay
period.
D.
Faculty - Faculty members are on instructional or research
appointments, either on a Board of Regents contract or Letter
of Appointment. Faculty members are assigned academic or
research rank and may be tenured or probationary if on a
tenurable appointment.
E.
Graduate Teaching and Research Assistants - GTAs and GRAs
are appointed for academic semesters to assist departmental
faculty with instructional and research responsibilities.
Section
5:00, MSU Classified Personnel Manual, revised March,
1981, and modified in July, August, October, and December,
1983. Reformatted section approved by the Director of
Administration on June 25, 1986. Revision approved by the Vice
President for Administration on June 17, 1992. Modification
approved by the Vice President for Administration & Finance on
November 29, 2001. This modification approved by the Vice President
for Administration & Finance on
September 23, 2004.
320.00
Classified Fixed Term Employees
·
Section
2-18-601, "Compensation and Benefits," Montana Code Annotated.
320.20 Introduction and Purpose
The
purpose of this policy is to provide detailed information
regarding the usage of Classified Fixed Term appointments.
Classified
fixed term appointments, which are temporary in nature, should
be used to accommodate the need for personnel that will not
exceed one calendar year, or where the position is not
intended to become permanent. In no event shall the
appointment exceed a period of one year. No recruitment or
formal classification review of a role or position description
is necessary, but Personnel and Payroll Services will conduct
an abbreviated review of the assigned duties to determine the
appropriate title and pay. No fixed term position may be
changed to a permanent position without a formal recruitment.
Fixed term appointments must be consistent with the
classifications and titles established by the Montana
University System Pay Rules (for positions required to
participate in the Performance Development Process) or the
statewide classification system.
320.40
Compensation and Benefits
Classified
fixed term employees may be appointed to positions through the
normal classified recruitment procedures, and must be paid in
accordance with the Montana University System Pay Rules (for
positions required to participate in the Performance
Development Process) or the statewide classification and pay
plan rules.
Classified
fixed term employees performing work which is non-exempt from
overtime under the Fair Labor Standards Act shall receive
overtime pay at the rate of 1 1/2 times the regular hourly
rate for any hours in excess of 40 in the work week.
Classified
fixed term employees are eligible for paid holidays if the
employee is in a pay status on the work day immediately before
the holiday.
Classified
fixed term employees are eligible for annual leave and sick
leave. Eligibility for medical insurance requires a .5 FTE or
greater and an appointment of six months or greater.
Participation in the retirement program is optional for
temporary classified appointments of less than 960 hours in a
fiscal year, but mandatory if the appointment exceeds 960
hours in a fiscal year. (Cross reference Section
1000.00, "Benefits and Leaves," of this manual.)
Section
5:00, MSU Classified Personnel Manual, revised March, 1981,
July, August, October, and December 1983, June 1986 and April
1988. Approved by the Director of Administration on June 30,
1988. Revision approved by the Vice President for
Administration on September 17, 1992. Modification approved
by the Vice President for Administration & Finance on November
29, 2001. This modification approved by the Vice President
for Administration & Finance on September 23, 2004.
330.10
Introduction and Purpose
The
purpose of this policy is to provide detailed information
regarding the usage of temporary appointments for temporary
hourly, student, and professional employees.
·
Section 2-18-101, Montana Code Annotated.
330.30
Temporary Hourly Employees
Temporary hourly appointments should be used to fill
short-term needs, where the need is not expected to be
recurring, or the hours needed are infrequent and of a
minimal number per month. The duties assigned should be
similar to those normally performed by classified employees.
Current
permanent classified employees are not eligible for a
concurrent temporary hourly appointment. If a department
wishes to utilize any kind of temporary assignment for a
permanent classified employee, Personnel and Payroll
Services should be contacted to discuss options.
330.32
Compensation and Benefits
Temporary hourly employees should be paid at the entry rate
for the appropriate grade level if their duties were
classified in the statewide classification system. Student
temporary hourly employees may be paid at a rate consistent
with the student wage rates established by the Financial Aid
Office.
Temporary hourly employees performing work which is
non-exempt from overtime under the federal Fair Labor
Standards Act shall receive overtime pay at 1 1/2 times the
regular hourly rate for all hours worked in excess of 40 per
week.
Temporary hourly employees are not eligible for paid
holidays, and do not receive health insurance, leave, or
retirement benefits.
330.33
Procedures for Appointments
Temporary hourly appointments are subject to one of the
following limitations, which should be specified by the
hiring authority on the appointment form:
A.
89 days or less - This appointment may not be renewed
in the same department without a break in service of at
least five working days. No more than 2 temporary
hourly appointments may be made
within 12 months from the date of the first appointment.
B.
Less than 347 work hours in a 12 month period - This
category is intended for situations where the hours to be
worked per month are minimal but the need is longer
than 89 calendar days. This
appointment is limited to one year, and not more than one
appointment may be made in the same department within 12
months from the
date of the first appointment.
330.40 Student Temporary Hourly
Appointments
Students
may be employed as Student Temporary Hourly by assigning a
title which includes the word "student" (e.g. "student field
aid"). If the student attends MSU, the following
restrictions apply:
1.
During the
academic year, only active students taking less than six
credits may be appointed as student temporary hourly
employees.
2.
During the
summer, students are eligible for student temporary hourly
if they:
a.
are not
enrolled or are enrolled for less than 6 credits for summer
session, and
b.
have filed
an intent to register or pre-register fall semester.
Student
temporary hourly employees may be appointed by the
department on a semester by semester basis.
To
ensure compliance with child labor laws, hiring authorities
must check with Personnel and Payroll Services when
considering a candidate under 18 years of age.
330.50 Temporary Professional Hourly
Appointments
Temporary Professional Hourly Appointments are used to hire
"short term workers," i.e., professional employees employed
on a temporary basis to fill short term needs which are not
expected to be recurring or for which the hours needed are
unpredictable, varied, or infrequent. A temporary
professional hourly employee works on call, with no
expectation of continuing assignment.
330.51
Compensation and Benefits
The
hourly wage rate is negotiable for each assignment but must
meet a minimum salary rate of $12.00 per hour, just above
the Fair Labor Standards Act (FLSA) rate required for
overtime exemption. An hourly wage rate over $36.00 per hour
must be approved by the appropriate Vice President.
Temporary professional hourly employees are not eligible for
paid holidays and do not receive health insurance, sick
leave, annual leave, or retirement benefits.
330.52 Limitations of Appointments
Temporary professional hourly appointments (short term
workers) are subject to the following limitations:
1. The employee:
-
is paid an hourly wage;
-
may not work for the same department for more than 90
days in a continuous 12 month period;
-
is not eligible for permanent status;
-
may not be hired into
another position by the same department without a
competitive selection process, and
-
is not eligible to earn leave and holiday benefits.
2. The employee may not work more than 40 hours in
any week on one or any combination of appointments.
3. Appointment to a temporary, professional hourly
appointment may not be added to another appointment to make
the employee eligible for paid holidays, health
insurance,
annual leave, or retirement benefits.
330.53 Procedures for Appointments
A temporary professional employee is hired using the
Professional Hourly Appointment Form which specifies the
hourly wage to be paid and the duties to be performed. This
form is an appointment form, similar to a PTF, and is not a
contract. The employee should not sign it. The employee
should be given a copy of the form for his/her records.
Section 5:00, MSU Classified Personnel Manual,
revised March, 1981, and modified in July, August, October,
and December, 1983. Reformatted section approved by the
Director of Administration on June 25, 1986 and June 30,
1988. Revision approved by the Vice President for
Administration on June 17, 1992. Modification approved by
the Vice President for Administration & Finance on November
29, 2001. Modification approved by the Vice President for
Administration & Finance on September 23, 2004. This
modification approved by the Vice President for
Administration & Finance on March 24, 2006.
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