|Responsible Executive:||Finance and Administration|
|Approving Official:||Vice President for Finance & Administration|
|Effective Date:||October 19, 2016|
|Last Revision Date:||Readopted 1/1/14|
OPS pay plan is at-will temporary employment. Employees may be separated from employment at any time. Notice or reason for termination is not required. Layoff rights do not apply.
OPS employees must be hired at least at the Federal wage and hour minimum.
Eligible OPS employees are covered under the Federal Family and Medical Leave Act, Americans with Disabilities Act and the Workers Compensation Law. (4-OP-C-7-E2, FMLA; 4-OP-C-7-J6, ADA; Environmental Health and Safety Operating Procedures)
OPS employees are subject to the nondiscrimination and sexual harassment policies and procedures.
OPS employees are not covered under the Florida Retirement System. Some OPS employees (based on hours worked) may be eligible for the staff/faculty insurance group plans.
OPS employees are eligible for:
- Enrollment in the State Deferred Compensation Annuity Program (457) and the 403b Tax Sheltered Annuity program.
- Mandatory enrollment in the FICA Alternative Plan (401(a)).
- Family Medical Leave in accordance with Federal and State law and FSU criteria
BOG Regulation 1.001(3)(j), 1001.(5)(a)
Florida Statutes 110.131 and 240.285
Federal Wage and Hour Law
This procedure provides guidance for temporary (A, and T) appointments from Other Personal Services (OPS) funds. (Reference the Graduate Assistant Section below, OP-4-C-7-H2, for Graduate Assistant Appointments). Contact the Office of Faculty Development and Advancement for faculty OPS and contact the Graduate School for Post-Doctoral Associate appointments and the Financial Aid Office for OPS students hired under the Federal Work-Study Program. (Reference the Human Resources Procedure 4-OP-C-7-D5 Extra State Compensation/Dual Compensation)
The following codes should be used for OPS employees who are not Graduate Students or appointed through the Office of Faculty Development and Advancement.
A - FSU Student
T - Non-Student
NOTE: For NRA's add an N at the end of the job codes, example: T001N.
OPS Job Codes can be found at the Human Resources website under OPS Information (http://hr.fsu.edu/PDF/Forms/compensation/OPS_Job_Codes.pdf ).
NOTE: OPS Exempt classifications must be approved PRIOR to hiring. An OPS Position Description must be completed and submitted to Human Resources for review.
1. To hire an employee for temporary service from OPS funds the department must:
a) Prior to appointing an employee:
(i) Ensure the Federal citizenship requirements are met. (Reference INS FORM I-9) If non-resident alien, reference (4-4-OP-C-7-B5) Non-Citizen Employment.
(ii) Determine if the appointment will create a dual employment situation (Reference 4-OP-C-7-D5 Extra State Compensation/Dual Compensation) which meets Extra State Compensation guidelines.
b) Ensure the salary meets at least the Federal minimum wage requirements.
c) Identify modifier and class code that identifies the status of the employee and the work assignment. (Reference OMNI payroll system Class Code Table)
d) If the employee is being hired as a student employee, reference the Student Enrollment File located in computer mainframe system (CICS) to verify that the employee is enrolled as a student.
e) OPS/Temporary employees may be hired through OMNI eRecruit. This includes graduate assistants (teaching and research - M9182, M9184, W9185 and Z9185). Reference 4-OP-C-7-B6 Temporary/OPS applicants.
f) Federal and State law and University Policy require an employee to complete and sign all applicable New Employee Forms as a condition of employment or to be provided specific employment information and policies. These forms are available online at https://hrapps.fsu.edu/formswizard6/.
g) Have employee:
(i) Complete the required appointment backup document forms.
(ii) Furnish a copy of their Social Security Card, Military ID or a receipt for a duplicate Social Security Card.
NOTE: The name on the W4 card MUST be the same as on the Social Security Card.
h) Collect all forms completed and signed by the employee to include those required for non-resident alien employees, when appropriate
i) Have employee sign the required forms in the New Employee Forms packet.
j) Submit the job offer through eRecruit and route through the appropriate approval authority to Employee Data Management (Other than Federal Work Study). Forward all paperwork to Employee Data Management, HR.
NOTE: Appointments funded by Contracts and Grants MUST be routed through the Sponsored Research Office for approval prior to being submitted to Human Resources.
2. To change the FTE, funding account number and/or reappoint an employee (Reference OMNI Job Aid http://omni.training.fsu.edu/OMNI-Human-Resources ) the department must:
a) Assure funding is available.
b) Complete an Electronic Personnel Action Form (e-PAF). The actual ending date must be reflected in the budget section.
c) Submit the e-PAF, which will be electronically routed through the appropriate approval authority to Employee Data Management. (Other than Federal Work Study)
3. When an OPS employee resigns or is terminated from his/her job prior to the ending date documented on the e-PAF, transfers to another department or to a salaried position the department must:
Complete an Electronic Personnel Action Form (e-PAF) for the OPS appointment, changing the ending date in the budget section. The termination will allow departments to:
a) Unencumber the funds not use
b) Reduce the risk of an overpayment
c) Make corrective adjustments to online attendance and leave document.
NOTE: The department must contact the Employee/Labor Relations section of Human Resources prior to terminating any OPS employee for misconduct or work performance issues
NOTE: Personnel Actions should be processed before the appointment date. Any Personnel Action submitted to Human Resources more than 20 days after the effective date must include a justification memo from the department head.
NOTE: All Federal Work-Study Students' employment data is entered into the OMNI payroll system by Financial Aid and should be directed to that office. (Refer to 4-OP-C-7-H3 for more information concerning the Federal Work Study Program)
Teaching and research are an integral part of the requirement of obtaining a graduate degree at Florida State University. Because of this, the primary relationship with the University for Graduate Assistants receiving a stipend for degree-related work is one of being a student. Department of Labor guidance regarding the Fair Labor Standards Act (FLSA) indicates that the FLSA does not apply to Graduate Assistants engaged in degree-related work. Likewise, the IRS accords student employees of a university a special status with the expectation that they are pursuing their studies, and accords the FICA tax exemption on the basis that the duty assignment is incident to and for the purpose of pursuing a course of study.
II. POLICY (Including any Forms and Attachments)
This policy provides guidance regarding Graduate Assistant appointments to ensure compliance with university policies, appointment requirements, and the UFF-FSU-GAU Collective Bargaining Agreement (CBA). It is imperative that the proper appointment classifications be used for Graduate Assistant appointments. All Graduate Assistants must be admitted to and meet the requirements of the Graduate School, be fully admitted to a graduate degree program, and be under the supervision of an appropriate graduate faculty member. The Graduate School and the Office of Human Resources will verify the requirements for each classification and are the offices to contact if there are any questions.
Graduate Assistant job codes can only be used in the following circumstances:
1. A graduate student pursues the work activity under the direction of a faculty member who has an appointment in the home academic unit of the student or an affiliated academic unit (e.g., in the case of interdisciplinary programs). The activity must be degree-related e.g., involve teaching, research/creative, or professional work.
2. If a non-degree granting campus unit has established a formal written partnership agreement with an academic unit to offer work activity opportunities to its graduate students and it is agreed that faculty in the home unit will engage with the employing unit to ensure that the activity is integrated with the graduate student’s program of study and considered during the overall assessment of academic progress.
3. If a non-degree granting campus unit has established a formal written partnership with a particular faculty member in an academic unit to offer work activity opportunities to the faculty member’s graduate students and it is agreed that the professor in the home unit will engage with the employing unit to ensure that the activity is integrated with the graduate student’s program of study and considered during the overall assessment of academic progress.
Duties consisting of primarily clerical activity are not appropriate for appointment using any graduate assistant job code.
A. GRADUATE ASSISTANT JOB CODES
M9182 Graduate Research Assistant - Stipend
This Graduate Research Assistant shall be classified as a degree seeking graduate student who performs research activities or assignments that are related to the student's academic program.
Example: A student doing research in a lab or a library.
Z9185 Graduate Assistant in Professional - Stipend
This Graduate Assistant shall be classified as a degree seeking graduate student who does one of the following:
1. Assists in a degree related professional or academic function under the supervision of a graduate faculty member, or
2. Performs degree related professional or administrative services that support research or instructional activities. Examples: A theatre design major assisting in set or costume design, or a counseling major assisting in a psychology clinic or in a residence hall. This category does not include clerical assistance or non-degree related employment.
W9185 Graduate Assistant in Teaching - Stipend
This Graduate Assistant shall be classified as a degree seeking graduate student who assists in the instructional process and who may have direct contact with a student or a group of students, but does NOT have primary responsibility for teaching. The graduate assistant may be directly involved in a tutorial or group instructional environment and may grade papers and analyze work products as part of their overall assignment.
Examples: Graders, tutors, recitation leaders, lab supervisors, and assistants to faculty instructor.
M9184 Graduate Teaching Assistant - Stipend
This Graduate Assistant shall be classified as a degree seeking graduate student who has a master’s degree in the teaching discipline or at least 18 graduate semester hours in the teaching discipline and performs primary teaching duties as the Instructor of Record (IOR) that are related to that student’s academic program. (See: Standards and Training Requirements).
Examples: A graduate student having full instructional responsibilities for a credit class.
B. APPOINTMENT REQUIREMENTS
1. Students appointed in these job codes must be enrolled full-time by the home department for a minimum of nine credit hours per semester in the fall and spring. For the summer, the student must be enrolled in nine hours for session A or any combination of sessions, seven hours for sessions D and F, and five hours for sessions B and C.
2. For all Graduate Assistant appointments with 0.25 FTE or more (on average at least ten hours per week for the semester), the Graduate Assistant shall be provided matriculation and out-of-state fee waivers (Reference: Graduate Student Waiver Management Manual), and any other benefits in accordance with established university policy and specified in the FSU-UFF-GAU CBA. If a Graduate Assistant is performing degree-related work, but the workload is less than a 0.25 FTE, it is still appropriate to use one of the qualifying appointment codes, but the student is not eligible for the matriculation and out-of-state fee waivers or benefits referenced above.
3. To ensure compliance with the FSU-UFF-GAU CBA, Appointment Letters are required for every Graduate Assistant appointment and re-appointment. The Office of Human Resources can be contacted regarding the required elements that must be included in the letter and the Graduate School can be contacted regarding letter templates.
C. WORKLOAD LIMITATIONS
Generally, regular and ongoing workloads greater than 0.5 FTE are in conflict with the expectation that a graduate student on an assistantship is pursuing a full-time course of study. A student may carry a greater FTE assignment, not to exceed 0.75 FTE, under special and occasional circumstances (e.g., in the summer) if scrutinized critically for conflicts of interest and/or any negative impact on a graduate student’s academic progress. Graduate assistants shall not be assigned a workload greater than 0.75 FTE under any circumstances. All FSU appointments are considered part of this cumulative workload limitation.
Departments that employ Graduate Assistants are responsible for establishing standards and means of training, and the supervisor of their graduate assistants’ work, however, departments must, at a minimum, meet the established University-wide standards for both teaching and research. Questions regarding the content of this procedure should be directed to the Graduate School.
Graduate Assistants being appointed to the W9185 or M9184 job codes must meet the University-wide standards for Graduate Teaching Assistants, found in the following link, prior to assuming one of the various instructional roles. University-wide Standards for Graduate Teaching Assistants
Graduate Assistants conducting any type of research must receive Research Compliance Training as outlined by the Office of Research in the following link. https://research.fsu.edu/research-compliance/training/.
When a Graduate Assistant resigns or is terminated for his/her appointment prior to the appointment/funding end date, or transfers to another position or department, a personnel action must be completed to avoid overpayment and to unencumber funds. Termination of a Graduate Assistant appointment must be in compliance with the UFF-FSU-GAU CBA. Therefore, before any termination, the department must contact the Office of Human Resources, Faculty Relations.
III. LEGAL SUPPORT, JUSTIFICATION, AND REVIEW OF THIS POLICY
The President holds delegated authority from the Board of Trustees to establish personnel policies. Constitutional authority, state statutes, federal statutes, Florida Board of Governors regulations, and University regulations authorize the policy:
Florida Constitution Article IX, Section 7;
Florida Statutes Section 1001.706(6)(a);
Florida Board of Governors Regulation 1.001(2)(e) and (5)(a); and
Florida State University Board of Trustees Regulation FSU-4.001
This policy shall be reviewed by the Chief Human Resources Officer every seven years for its effectiveness. The Office of Human Resources shall make recommendations to the Vice President for Finance and Administration for any modification or elimination.
4-OP-C-7-H3 FEDERAL WORK STUDY PROGRAM
Florida State University provides work for students with financial need on campus, and with public agencies. The Federal Work Study Program is financed primarily by Federal funds as authorized by the Higher Education Act of 1965. Minimum wages paid to FWSP students are determined by the existing minimum wage rates. The skills and abilities required in a specific position may call for higher wages.
To specify the methods and responsibilities for the administration of the Federal Work Study Program (FWSP).
The objectives of the Federal Work Study Program are:
1. Provides a source of financial aid for students demonstrating financial need.
2. Provides work experience which enhance the participants' education or career goals whenever practical.
3. Provides services that otherwise would not exist to our Institution and to participating public organizations
All departments of Florida State University are eligible to participate in the Federal Work Study Program. A FWSP employee, however, may not be placed in a position previously established for a regular employee.
Off-campus public agencies wishing to employ students under this program must sign an agreement and provide job descriptions which are to be filed with the Office of Financial Aid.
Applicants for employment under the Federal Work Study Program must be clearly in need of financial assistance and must complete the necessary application forms. Determination of need will be made by the University Office of Financial Aid.
The FWSP employee must also be capable of maintaining satisfactory academic progress in accordance with the standards and practices of the Florida State University.
An applicant must be accepted as a degree seeking student and enrolled in a minimum of six (6) semester hours of courses at the University, and be a citizen of the United States or an eligible non-citizen as defined in the Federal Financial Aid Regulations.
The ability of the Office of Financial Aid to supply FWSP students for part-time work depends upon the availability of Federal funds and matching institutional funds. FWSP students may work throughout the university and with off-campus agencies according to the students' special interests and skills and the needs of prospective employers.
B. EMPLOYER RESPONSIBILITIES
When a Federal Work Study Program student assistant is hired, the employer will be responsible for:
1. Establishing clearly defined schedules of work that are convenient to both student and employer. Work hours should not interfere with class schedules.
2. Informing the student of the exact duties and responsibilities of the job.
3. Maintaining adequate supervision of the employee with regard to regularity of attendance and quality of job performance. (Repeated absenteeism and/or failure to accomplish assigned tasks should be reported to the Federal Work Study Office).
4. Monitoring student earnings to prevent earnings over semester FWSP award amounts.
5. Submitting termination forms promptly to the Federal Work Study Office when the student terminates his/her work assignment or has earned their semester award.
C. PERFORMANCE STANDARDS
FWSP students are expected to perform their duties in accordance with the standards established by the department or agency for which they work. FWSP students will be subject to the same Human Resources policies set for all student employees. FWSP students who fail to comply satisfactorily with their employer's standards may be dismissed and referred to the Federal Work Study Office for re-assignment or dismissal from the program. Supervisors are urged to take a personal interest in their student employees and to place continuing emphasis on the importance of dependability and initiative.
Departments must inform the Federal Work Study Office of their requirements for Federal Work Study students by responding to the email that goes out in early summer. The email is sent by the FWS office and HR List Serve. However, departments can update their information anytime during the year. Keeping the department information updated will improve the department's chances of hiring a student. Check your department's information on the FWS website at http://financialaid.fsu.edu/types-aid/federal-work-study and email any changes to the Federal Work Study Office.
Prospective FWSP employees must provide the interviewing department or agency with an employment authorization provided by the Federal Work Study Office which indicates the interviewee has complied with all the requirements of the Office of the Financial Aid and the FWSP Office. The hiring department is responsible for completing the form and completing back-up payroll documents with the student. The Federal Work Study Office will process the necessary forms to place FWSP students on the payroll. (See also item K, Benefits)
E. COMPENSATION RATE
The minimum wage for FWSP employees is that specified by the Federal Fair Labor Standards Act; the maximum wage is determined by the Director of Financial Aid within the maximum limitations imposed by the U. S. Department of Education.
Information concerning current maximum and minimum wage levels may be obtained from the Federal Work Study Office.
F. TIME RECORDS
Each FWSP employee must record his/her hours worked on a pay and leave report. The employing department is responsible for the time entry of the pay and leave report. Students are paid on a biweekly basis and direct deposit is now required for all work study employees. The employing department is responsible for helping the student set-up their direct deposit in OMNI.
G. HOURS OF WORK
The Federal Work Study Program work hours are arranged between the student and the employer. Generally it takes 10 - 15 hours a week to earn the FWS award for a semester. Students should not work over the award amount, which is the Federal Work Study earnings limit. Work hours cannot interfere with the student's class hours.
H. FWSP STUDENT ELIGIBILITY DURING THE SUMMER
To be eligible for employment under the Federal Work Study program during the summer, a student must be enrolled and attending at least half-time, six (6) semester hours. Summer awards will be awarded only if funds are available.
A Termination is to be completed for any FWSP student employee who resigns or is terminated from his/her job. The Termination should be processed by the department in OMNI and sent to the Federal Work Study Office for VP approval.
FWSP student employees are not covered under Social Security, the Florida Retirement System, or any of the staff/faculty insurance group plans, but are covered under Workers' Compensation. FWSP students must sign a receipt for and be given a copy of the Workers' Compensation Program Guidelines by the employing department.
K. SAFETY STANDARDS
In order to be covered by Workers' Compensation, student employees engaged in hazardous work must work only in an assisting capacity under proper supervision. Hazardous work includes, but is not limited to: electrical work, painting from ladders and scaffolds, roof repairs, window washing above the first floor, window glassing, and operating power tools excluding lawn mowers.
4-OP-C-7-H4 OPS ATTENDANCE AND LEAVE
The Chief Human Resources Officer is delegated by the President with responsibility for administration of benefits and hours of work to ensure adherence to Federal law, Florida Statutes, and University regulations.
The workweek for Florida State University is from 12:01 a.m. Friday to 12:00 midnight the following Thursday, except for those departments which have obtained authorization, in writing, from the Chief Human Resources Officer to use a different workweek.
The supervisor and approving authority shall be responsible for arranging the work schedule to minimize overtime for OPS employees covered by the Fair Labor Standards Act.
Time spent by an employee who is subpoenaed in line of duty to represent the University as a witness or defendant shall be considered time worked. The employee shall be paid per diem and travel expense and shall be required to turn over to the University any fees received from the court.
Time spent by an employee to attend meetings and conferences that are required by the supervisor shall be considered time worked.
OPS employees are not entitled to paid leave benefits.
OPS employees may be eligible for twelve (12) workweeks of unpaid Family and Medical Leave within a twelve (12) month period in compliance with the Family and Medical Leave Act (FMLA) of 1993 (Public Law 103-3) and the Final Regulations of the Family and Medical Leave Act of 1993 (29 CFR Part 825). The twelve (12) month period is defined as a "rolling" 12 month period measured backward from the date any Family and Medical Leave is used. Each time an employee takes Family and Medical Leave, the remaining leave entitlement would be any balance of the 12 workweeks which has not been used during the immediate preceding 12 months.
A Telecommuting Agreement with the University is required for employees who are working remotely.
OBJECTIVE - HOURS OF WORK
This procedure provides guidance for determining work hours for OPS employees.
A. OPS Employees (Exempt and Non-Exempt):
1. Employees may be allowed up to a fifteen (15) minute work break period during the first half and another fifteen (15) minutes during the second half of the workday. Work breaks are a privilege granted at the discretion of the supervisor or department head. They cannot be accumulated as substitution for a lunch period or be used to compensate for late arrival or early departure from work.
2. Meal periods, if authorized, must be at least thirty (30) minutes long. All non-exempt employees must leave their work areas during meal breaks.
B. OPS Exempt Employees:
1. OPS employees appointed to exempt status are expected to work and are paid according to the standard hours of their appointment
2. A full-time OPS exempt employee is expected to work a minimum of forty (40) hours in a workweek and is not paid overtime.
C. OPS Non-Exempt Employees:
1. An OPS non-exempt employee is one who occupies a class that is covered by the Fair Labor Standards Act and is eligible to receive payment for overtime at the rate of one and one-half times their regular rate of pay for hours worked beyond forty (40) in a workweek.
2. An OPS non-exempt employee shall not be permitted to begin work before the established starting time or work after the established quitting time unless it is specifically authorized and required in advance by the supervisor.
3. OPS non-exempt employees must record the exact time they begin and end work to include leaving and returning from lunch breaks and other time off (excluding work breaks) on either a signed Pay and Leave Report/non-exempt timesheet or electronic timesheet (reference Paper Timesheet Guidelines). At the end of each day the hours worked will be rounded to the nearest quarter of an hour according to the Seven (7) Minute Rule.
4. Non-exempt employees should normally be supervised and shall not take work home.
5. Total hours to be paid biweekly will include only hours physically worked.
6. An OPS non-exempt employee shall be compensated for overtime worked during the workweek no later than the end of the following pay period on the basis of one and one-half times the employee's hourly regular rate of pay for each hour of overtime worked.
4-OP-C-7-H5 ONE TIME PAYS
Fair Labor Standards Act
This procedure provides guidance for One-Time Pay appointments from Other Personal Services (OPS) funds.
One-Time Pays are to be used for occasional or sporadic employment, which means infrequent, irregular or occurring in scattered instances. (Example: teaching assignment or for administering and supervising tests).
One-Time Pays must be paid from OPS funds; retirement credit will not be given.
The occasional or sporadic assignment must not be within the same general occupational category as the employee's regular work or performed during regular work hours.
The employee must be free to refuse to perform the work, without fear of sanctions and without being required to explain or justify the decision.
The decision to work in a different capacity must be made freely by the employee and without coercion, implicit or explicit, by the employer.
If the employee is already employed with the University, a Dual Compensation Request form must be approved before the work is performed. The one-time pay form is to be submitted after the Dual Compensation Request is approved. (Attach the approved Dual Compensation Request to the One-Time Pay Form.)
An Additional Pay form is used to set up the OMNI payroll system and process pay for occasional or sporadic employment.
Complete the appropriate sections on the Additional Pay form.
Describe Action In Detail (must indicate the type for occasional or sporadic employment and job duties for which payment is due) and verify that this is not a part of their regular duties and that the duties are not performed during regular work hours.
Obtain the appropriate signatures and submit the Additional Pay form to Human Resources for payment. If the one-time pay is for a new employee appropriate documentation as listed below must accompany the Additional Pay request form.
NOTE: One-Time Pays funded from Contracts and Grants MUST be routed through the Sponsored Research Accounting Services (Contracts and Grants) for approval prior to being submitted to Human Resources.
Documentation needed for appointing and paying a New Employee:
Federal and State law and University Policy require an employee to complete and sign certain documents as condition of employment and be provided specific information. These are the new employee wizard forms and are available online at: https://hrapps.fsu.edu/formswizard6/.
- Complete the required appointment backup document forms and attach to the Additional Pay form.
- Furnish a copy of their Social Security Card, Military ID or a receipt for a duplicate Social Security Card.
NOTE: The name on the W4 card MUST be the same as on the Social Security Card.